I 

114TH CONGRESS 

1ST SESSION H. R. 2834 

To enact certain laws relating to the environment as title 55, United States 

Code, ‘‘Environment’’. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 18, 2015 

Mr. MARINO introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To enact certain laws relating to the environment as title 

55, United States Code, ‘‘Environment’’. 

1 Be it enacted by the Senate and House of Representatives of the United 

2 States of America in Congress assembled, 

3 SECTION 1. TABLE OF CONTENTS. 

4 The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

Sec. 2. Purpose; restatement does not change meaning or effect of existing law. 

Sec. 3. Enactment of title 55, United States Code. 

Sec. 4. Conforming amendments. 

Sec. 5. Transitional and savings provisions. 

Sec. 6. Repeals. 

5 SEC. 2. PURPOSE; RESTATEMENT DOES NOT CHANGE MEANING OR EF6 FECT OF EXISTING LAW. 

7 (a) PURPOSE.—The purpose of this Act is to codify certain existing laws 

8 relating to the environment as a positive law title of the United States Code. 

9 (b) RESTATEMENT DOES NOT CHANGE MEANING OR EFFECT OF EXIST10 ING LAW.— 

11 (1) IN GENERAL.—The restatement of existing law enacted by this 

12 Act does not change the meaning or effect of the existing law. The reVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 statement consolidates various provisions that were enacted separately 

2 over a period of many years, reorganizing them, conforming style and 

3 terminology, modernizing obsolete language, and correcting drafting er4 rors. These changes serve to remove ambiguities, contradictions, and 

5 other imperfections, but they do not change the meaning or effect of 

6 the existing law or impair the precedential value of earlier judicial deci7 sions or other interpretations. 

8 (2) RULE OF CONSTRUCTION.— 

9 (A) IN GENERAL.—Notwithstanding the plain meaning rule or 

10 other rules of statutory construction, a change in wording made 

11 in the restatement of existing law enacted by this Act serves to 

12 clarify the existing law as indicated in paragraph (1), but not to 

13 change the meaning or effect of the existing law. 

14 (B) REVISION NOTES.—Subparagraph (A) applies whether or 

15 not a change in wording is explained by a revision note appearing 

16 in a congressional report accompanying this Act. If such a revision 

17 note does appear, a court shall consider the revision note in inter18 preting the change. 

19 SEC. 3. ENACTMENT OF TITLE 55, UNITED STATES CODE. 

20 (a) TITLE 55.—Title 55, United States Code, ‘‘Environment’’, is enacted 

21 as follows: 

22 TITLE 55—ENVIRONMENT 

Subtitle I—General Provisions 

Chap. Sec. 

101. Definitions ........................................................................................................ 101101 

103. Environmental Protection Agency .................................................................... 103101 

105. National environmental policy .......................................................................... 105101 

107. Environmental quality improvement ................................................................ 107101 

109. Environmental research, development, and demonstration .............................. 109101 

111. Provisions applicable to more than 1 subtitle or other law .............................. 111101 

113 through 197. RESERVED

199. Miscellaneous .................................................................................................... 199101 

Subtitle II—Air 

Division A—Clean Air 

Subdivision 1—General Provisions 

201. Definitions ........................................................................................................ 201101 

203. Administrative and procedural provisions ........................................................ 203101 

205 through 207. RESERVED

209. Miscellaneous .................................................................................................... 209101 

Subdivision 2—Air Pollution Prevention and Control 

211. Air quality and emission limitations ................................................................. 211101 

213. Prevention of significant deterioration of air quality ....................................... 213101 

215. Plan requirements for nonattainment areas ..................................................... 215101 

Subdivision 3—Emission Standards for Moving Sources 

221. Motor vehicle emission and fuel standards ....................................................... 221101 

223. Aircraft emission standards .............................................................................. 223101 

225. Clean fuel vehicles ............................................................................................ 225101 

Subdivision 4—Noise Pollution 

231. Noise pollution .................................................................................................. 231101 


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Subdivision 5—Acid Deposition Control 

233. Acid deposition control ..................................................................................... 233101 

Subdivision 6—Permits 

235. Permits ............................................................................................................. 235101

Subdivision 7—Stratospheric Ozone Reduction 

237. Stratospheric ozone reduction .......................................................................... 237101 

Divisions B to Y—Reserved 

239 through 297. RESERVED

Division Z—Miscellaneous 

299. Miscellaneous .................................................................................................... 299101 

1 Subtitle I—General Provisions 

2 Chapter 101—Definitions 

Sec. 

101101. Definitions. 

101102. Environmental law. 

3 § 101101. Definitions 

4 In this title: 

5 (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Admin6 istrator of the Environmental Protection Agency. 

7 (2) EPA.—The term ‘‘EPA’’ means the Environmental Protection 

8 Agency. 

9 § 101102. Environmental law 

10 The inclusion in this title or exclusion from this title of any provision of 

11 law has no bearing on whether that provision is a provision of environmental 

12 law within the meaning of that term as used in any provision of law. 

Chapter 103—Environmental Protection 

Agency 

Sec. 

103101. Establishment. 

103102. Administrator. 

103103. Deputy Administrator. 

103104. Assistant Administrators. 

103105. Functions. 

103106. Office of Criminal Investigations. 

103107. Civil investigators. 

103108. National Enforcement Training Institute. 

103109. Availability of certain accounts. 

13 § 103101. Establishment 

14 There is established the Environmental Protection Agency. 

15 § 103102. Administrator 

16 (a) IN GENERAL.—There shall be at the head of EPA the Administrator 

17 of the Environmental Protection Agency. 

18 (b) APPOINTMENT.—The Administrator shall be appointed by the Presi19 dent by and with the advice and consent of the Senate. 

20 § 103103. Deputy Administrator 

21 (a) IN GENERAL.—There shall be in EPA a Deputy Administrator of the 

22 Environmental Protection Agency. 


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1 (b) APPOINTMENT.—The Deputy Administrator shall be appointed by the 

2 President by and with the advice and consent of the Senate. 

3 (c) FUNCTIONS.—The Deputy Administrator shall— 

4 (1) perform such functions as the Administrator shall from time to 

5 time assign or delegate; and 

6 (2) act as Administrator during the absence or disability of the Ad7 ministrator or in the event of a vacancy in the office of Administrator. 

8 § 103104. Assistant Administrators 

9 (a) IN GENERAL.— 

10 (1) NUMBER OF ASSISTANT ADMINISTRATORS.—Except as provided 

11 in subsection (b), there shall be in EPA not to exceed 5 Assistant Ad12 ministrators of the Environmental Protection Agency. 

13 (2) APPOINTMENT.—An Assistant Administrator shall be appointed 

14 by the President by and with the advice and consent of the Senate. 

15 (3) FUNCTIONS.—An Assistant Administrator shall perform such 

16 functions as the Administrator shall from time to time assign or dele17 gate to the Assistant Administrator. 

18 (b) ADDITIONAL ASSISTANT ADMINISTRATORS.— 

19 (1) IN GENERAL.—The President, by and with the advice and con20 sent of the Senate, may appoint 3 Assistant Administrators of the En21 vironmental Protection Agency in addition to— 

22 (A) the 5 Assistant Administrators provided for in subsection 

23 (a); 

24 (B) the Assistant Administrator provided by section 26(g) of 

25 the Toxic Substances Control Act (15 U.S.C. 2625(g)); and 

26 (C) the Assistant Administrator provided by section 307(b) of 

27 the Comprehensive Environmental Response, Compensation, and 

28 Liability Act of 1980 (42 U.S.C. 6911a). 

29 (2) DUTIES.—An Assistant Administrator appointed under para30 graph (1) shall perform such duties as the Administrator may pre31 scribe. 

32 § 103105. Functions 

33 (a) IN GENERAL.—In addition to any function assigned specifically to the 

34 Administrator under any other provision of law, the Administrator shall per35 form the following functions: 

36 (1) The functions that, before December 2, 1970, were vested by law 

37 in the Secretary of the Interior and the Department of the Interior and 

38 administered by the Gulf Breeze Biological Laboratory of the Bureau 

39 of Commercial Fisheries at Gulf Breeze, Florida. 

40 (2) The function of conducting investigations, studies, surveys, re41 search, and analyses relating to ecological systems. 


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1 (3) The functions that, before December 2, 1970, were vested by law 

2 in the Secretary of Agriculture and the Department of Agriculture and 

3 were administered through the Environmental Quality Branch of the 

4 Plant Protection Division of the Agricultural Research Service. 

5 (4) Such functions as are incidental to or necessary for the perform6 ance by or under the Administrator of the functions described in para7 graphs (1) through (3), including authority provided by law to pre8 scribe regulations relating primarily to the functions. 

9 (b) PERFORMANCE OF FUNCTIONS.—The Administrator may from time 

10 to time make such provisions as the Administrator considers appropriate au11 thorizing the performance of any of the functions of the Administrator by 

12 any other officer, or by any organizational entity or employee, of EPA. 

13 § 103106. Office of Criminal Investigations 

14 (a) HEAD OF OFFICE.—The head of the Office of Criminal Investiga15 tions— 

16 (1) shall be a position in the competitive service (as defined in sec17 tion 2102 of title 5) or a career reserved position (as defined in section 

18 3132(a) of that title); and 

19 (2) shall report directly, without intervening review or approval, to 

20 the Assistant Administrator for Enforcement. 

21 (b) CRIMINAL INVESTIGATORS.—There shall be assigned to the Office of 

22 Criminal Investigations not fewer than 200 criminal investigators. 

23 § 103107. Civil investigators 

24 The Administrator shall assign to assist the Office of Enforcement in de25 veloping and prosecuting civil and administrative actions and carrying out 

26 its other functions a number of civil investigators that is at least 50 greater 

27 than the number of civil investigators so assigned on November 16, 1990. 

28 § 103108. National Enforcement Training Institute 

29 (a) IN GENERAL.—The Administrator shall establish within the Office of 

30 Enforcement the National Enforcement Training Institute. 

31 (b) FUNCTION.—It shall be a function of the Institute to train Federal, 

32 State, and local lawyers, inspectors, civil and criminal investigators, and 

33 technical experts in the enforcement of the Nation’s environmental laws. 

34 § 103109. Availability of certain accounts 

35 (a) AVAILABILITY.—For each fiscal year— 

36 (1) the Science and Technology Account and Environmental Pro37 grams and Management Account are available for— 

38 (A) uniforms, or allowances for uniforms, as authorized by sec39 tions 5901 and 5902 of title 5; and 


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1 (B) services as authorized by section 3109 of title 5, but at 

2 rates for individuals not to exceed the daily equivalent of the rate 

3 paid for level IV of the Executive Schedule; and 

4 (2) the Science and Technology Account, Environmental Programs 

5 and Management Account, Office of Inspector General Account, Haz6 ardous Substance Superfund Account, and Leaking Underground Stor7 age Tank Trust Fund Program Account are available for the construc8 tion, alteration, repair, rehabilitation, and renovation of facilities pro9 vided that the cost does not exceed $85,000 per project. 

10 (b) LIMITATION ON USE OF FUNDS FOR GRANTS.—None of the funds 

11 available for grants under the title headed ‘‘ENVIRONMENTAL PRO12 TECTION AGENCY’’ in the Department of the Interior, Environment, and 

13 Related Agencies Appropriations Act for any fiscal year may be used to pay 

14 for the salaries of individual consultants at more than the daily equivalent 

15 of the rate paid for level IV of the Executive Schedule. 

16 Chapter 105—National Environmental 

17 Policy 

Subchapter I—Purposes 

Sec. 

105101. Purposes. 

Subchapter II—Policies and Goals 

105201. Declaration of national environmental policy. 

105202. Interpretation of policies, regulations, and public laws; actions by Federal agencies. 

Subchapter III—Council on Environmental Quality 

105301. Definition of Council. 

105302. Establishment. 

105303. Employment of personnel, experts, and consultants. 

105304. Duties and functions. 

105305. Consultation with Citizens’ Advisory Committee on Environmental Quality and other 

representatives. 

105306. Full-time service; compensation. 

105307. Acceptance of travel reimbursement. 

105308. Expenditures for international activities. 

105309. Authorization of appropriations. 

18 Subchapter I—Purposes 

19 § 105101. Purposes 

20 The purposes of this chapter are— 

21 (1) to declare a national policy that will encourage productive and 

22 enjoyable harmony between man and his environment; 

23 (2) to promote efforts that will prevent or eliminate damage to the 

24 environment and biosphere and stimulate the health and welfare of 

25 man; 

26 (3) to enrich the understanding of the ecological systems and natural 

27 resources important to the Nation; and 

28 (4) to establish a Council on Environmental Quality. 


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1 Subchapter II—Policies and Goals 

2 § 105201. Declaration of national environmental policy 

3 (a) IN GENERAL.—Congress, recognizing the profound impact of man’s 

4 activity on the interrelations of all components of the natural environment, 

5 particularly the profound influences of population growth, high-density ur6 banization, industrial expansion, resource exploitation, and new and expand7 ing technological advances, and recognizing further the critical importance 

8 of restoring and maintaining environmental quality to the overall welfare 

9 and development of man, declares that it is the continuing policy of the 

10 Federal Government, in cooperation with State and local governments, and 

11 other concerned public and private organizations, to use all practicable 

12 means and measures, including financial and technical assistance, in a man13 ner calculated to foster and promote the general welfare, to create and 

14 maintain conditions under which man and nature can exist in productive 

15 harmony, and fulfill the social, economic, and other requirements of present 

16 and future generations of Americans. 

17 (b) RESPONSIBILITY OF THE FEDERAL GOVERNMENT.—To carry out the 

18 policy set forth in this chapter, it is the continuing responsibility of the Fed19 eral Government to use all practicable means, consistent with other essential 

20 considerations of national policy, to improve and coordinate Federal plans, 

21 functions, programs, and resources to the end that the Nation may— 

22 (1) fulfill the responsibilities of each generation as trustee of the en23 vironment for succeeding generations; 

24 (2) ensure for all Americans safe, healthful, productive, and 

25 esthetically and culturally pleasing surroundings; 

26 (3) attain the widest range of beneficial uses of the environment 

27 without degradation, risk to health or safety, or other undesirable and 

28 unintended consequences; 

29 (4) preserve important historic, cultural, and natural aspects of our 

30 national heritage, and maintain, wherever possible, an environment that 

31 supports diversity and variety of individual choice; 

32 (5) achieve a balance between population and resource use that will 

33 permit high standards of living and a wide sharing of life’s amenities; 

34 and 

35 (6) enhance the quality of renewable resources and approach the 

36 maximum attainable recycling of depletable resources. 

37 (c) HEALTHFUL ENVIRONMENT; RESPONSIBILITY OF EACH PERSON.— 

38 Congress recognizes that each person should enjoy a healthful environment 

39 and that each person has a responsibility to contribute to the preservation 

40 and enhancement of the environment. 


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1 § 105202. Interpretation of policies, regulations, and public 

2 laws; actions by Federal agencies 

3 (a) IN GENERAL.—Congress authorizes and directs that, to the fullest ex4 tent possible— 

5 (1) the policies, regulations, and public laws of the United States 

6 shall be interpreted and administered in accordance with the policies 

7 set forth in this chapter; and 

8 (2) all Federal agencies shall— 

9 (A) utilize a systematic, interdisciplinary approach that will en10 sure the integrated use of the natural and social sciences and the 

11 environmental design arts in planning and in decisionmaking that 

12 may have an impact on the human environment; 

13 (B) identify and develop methods and procedures, in consulta14 tion with the Council on Environmental Quality, that will ensure 

15 that presently unquantified environmental amenities and values 

16 may be given appropriate consideration in decisionmaking along 

17 with economic and technical considerations; 

18 (C) include in every recommendation or report on proposals for 

19 legislation and other major Federal actions significantly affecting 

20 the quality of the human environment, a detailed statement by the 

21 responsible official on— 

22 (i) the environmental impact of the proposed action; 

23 (ii) any adverse environmental effects that cannot be avoid24 ed should the proposal be implemented; 

25 (iii) alternatives to the proposed action; 

26 (iv) the relationship between local short-term uses of the 

27 environment and the maintenance and enhancement of long28 term productivity; and 

29 (v) any irreversible and irretrievable commitments of re30 sources that would be involved in the proposed action should 

31 it be implemented. 

32 (D) study, develop, and describe appropriate alternatives to rec33 ommended courses of action in any proposal that involves unre34 solved conflicts concerning alternative uses of available resources; 

35 (E) recognize the worldwide and long-range character of envi36 ronmental problems and, where consistent with the foreign policy 

37 of the United States, lend appropriate support to initiatives, reso38 lutions, and programs designed to maximize international coopera39 tion in anticipating and preventing a decline in the quality of man40 kind’s world environment; 


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1 (F) make available to States, counties, municipalities, institu2 tions, and individuals advice and information useful in restoring, 

3 maintaining, and enhancing the quality of the environment; 

4 (G) initiate and utilize ecological information in the planning 

5 and development of resource-oriented projects; and 

6 (H) assist the Council on Environmental Quality. 

7 (b) DETAILED STATEMENTS.— 

8 (1) IN GENERAL.—Prior to making any detailed statement under 

9 subsection (a)(2)(C), the responsible Federal official shall consult with 

10 and obtain the comments of any Federal agency that has jurisdiction 

11 by law or special expertise with respect to any environmental impact 

12 involved. 

13 (2) AVAILABILITY.—Copies of the statement and the comments and 

14 views of the appropriate Federal, State, and local agencies, which are 

15 authorized to develop and enforce environmental standards— 

16 (A) shall be made available to the President, the Council on En17 vironmental Quality, and the public as provided by section 552 of 

18 title 5; and 

19 (B) shall accompany the proposal through the existing agency 

20 review processes; 

21 (3) DETAILED STATEMENT PREPARED BY STATE AGENCY OR OFFI22 CIAL.— 

23 (A) IN GENERAL.—Any detailed statement required under sub24 section (a)(2)(C) for any major Federal action funded under a 

25 program of grants to States shall not be deemed to be legally in26 sufficient solely by reason of having been prepared by a State 

27 agency or official, if— 

28 (i) the State agency or official has statewide jurisdiction 

29 and has the responsibility for the action; 

30 (ii) the responsible Federal official furnishes guidance and 

31 participates in the preparation; 

32 (iii) the responsible Federal official independently evaluates 

33 the statement prior to its approval and adoption; and 

34 (iv) the responsible Federal official provides early notifica35 tion to, and solicits the views of, any other State or any Fed36 eral land management entity of any action or any alternative 

37 thereto that may have significant impacts on the State or af38 fected Federal land management entity and, if there is any 

39 disagreement on the impacts, prepares a written assessment 

40 of the impacts and views for incorporation into the detailed 

41 statement. 


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1 (B) EFFECT OF PROCEDURES.—The procedures under this 

2 paragraph shall not relieve the Federal official of the official’s re3 sponsibilities for the scope, objectivity, and content of the entire 

4 statement or of any other responsibility under this chapter, and 

5 this paragraph does not affect the legal sufficiency of statements 

6 prepared by State agencies with less than statewide jurisdiction. 

7 (c) CERTAIN ACTIVITIES NOT A MAJOR FEDERAL ACTION.—The licens8 ing of a launch vehicle or launch site operator (including any amendment, 

9 extension, or renewal of the license) under chapter 701 of title 49 shall not 

10 be considered a major Federal action for purposes of subsection (a)(2)(C) 

11 if— 

12 (1) the Department of the Army has issued a permit for the activity; 

13 and 

14 (2) the Army Corps of Engineers has found that the activity has no 

15 significant impact. 

16 (d) NECESSITY OF MILITARY LOW-LEVEL FLIGHT TRAINING TO PRO17 TECT NATIONAL SECURITY AND ENHANCE MILITARY READINESS.—Noth18 ing in this chapter (including regulations implementing this chapter) shall 

19 require the Secretary of Defense or the Secretary of a military department 

20 to prepare a programmatic nationwide environmental impact statement for 

21 low-level flight training as a precondition to the use by the Armed Forces 

22 of an airspace for the performance of low-level training flights. 

23 (e) ACCELERATED DECISIONMAKING.— 

24 (1) IN GENERAL.—In preparing a final environmental impact state25 ment under this section, if the lead agency modifies the statement in 

26 response to comments that are minor and are confined to factual cor27 rections or explanations of why the comments do not warrant addi28 tional agency response, the lead agency may write on an errata sheet 

29 attached to the statement, instead of rewriting the draft statement, if 

30 the errata sheet— 

31 (A) cites the sources, authorities, or reasons that support the 

32 position of the lead agency; and 

33 (B) if appropriate, indicates the circumstances that would trig34 ger a reappraisal or further response by the lead agency. 

35 (2) SINGLE DOCUMENT.—To the maximum extent practicable, the 

36 lead agency shall expeditiously develop a single document that consists 

37 of a final environmental impact statement and a record of decision, un38 less— 

39 (A) the final environmental impact statement makes substantial 

40 changes to the proposed action that are relevant to environmental 

41 or safety concerns; or 


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1 (B) there are significant new circumstances or information rel2 evant to environmental concerns and that bear on the proposed ac3 tion or the impacts of the proposed action. 

4 (f) EFFECT OF SECTION.—Nothing in this section has any effect on the 

5 specific statutory obligations of any Federal agency— 

6 (1) to comply with criteria or standards of environmental quality; 

7 (2) to coordinate or consult with any other Federal or State agency; 

8 or 

9 (3) to act or refrain from acting contingent on the recommendations 

10 or certification of any other Federal or State agency. 

11 Subchapter III—Council on Environmental 

12 Policy 

13 § 105301. Definition of Council 

14 In this subchapter, the term ‘‘Council’’ means the Council on Environ15 mental Quality established under section 105302 of this title. 

16 § 105302. Establishment 

17 (a) IN GENERAL.—There is created in the Executive Office of the Presi18 dent a Council on Environmental Quality. 

19 (b) MEMBERSHIP.—The Council shall be composed of 3 members who 

20 shall be appointed by the President to serve at the pleasure of the Presi21 dent, by and with the advice and consent of the Senate. 

22 (c) CHAIRMAN.—The President shall designate 1 of the members of the 

23 Council to serve as Chairman. 

24 (d) QUALIFICATIONS.—Each member shall be an individual who, as a re25 sult of the individual’s training, experience, and attainments, is exception26 ally well qualified to— 

27 (1) analyze and interpret environmental trends and information of 

28 all kinds; 

29 (2) appraise programs and activities of the Federal Government in 

30 light of the policy set forth in subchapter II; 

31 (3) be conscious of and responsive to the scientific, economic, social, 

32 esthetic, and cultural needs and interests of the Nation; and 

33 (4) formulate and recommend national policies to promote the im34 provement of the quality of the environment. 

35 § 105303. Employment of personnel, experts, and consult36 ants 

37 (a) OFFICERS AND EMPLOYEES.—The Council may employ such officers 

38 and employees as may be necessary to carry out its functions under this 

39 chapter. 

40 (b) EXPERTS AND CONSULTANTS.—The Council may employ and fix the 

41 compensation of such experts and consultants as may be necessary for the 


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1 carrying out of its functions under this chapter, in accordance with section 

2 3109 of title 5 (but without regard to the last sentence of subsection (b) 

3 of that section). 

4 (c) VOLUNTARY AND UNCOMPENSATED SERVICES.—Notwithstanding sec5 tion 1342 of title 31, the Council may accept and employ voluntary and un6 compensated services in furtherance of the purposes of the Council. 

7 § 105304. Duties and functions 

8 It shall be the duty and function of the Council— 

9 (1) to— 

10 (A) gather timely and authoritative information concerning the 

11 conditions and trends in the quality of the environment, both cur12 rent and prospective; 

13 (B) analyze and interpret that information for the purpose of 

14 determining whether those conditions and trends are interfering, 

15 or are likely to interfere, with the achievement of the policy set 

16 forth in subchapter II; and 

17 (C) compile and submit to the President studies relating to 

18 those conditions and trends; 

19 (2) to— 

20 (A) review and appraise the various programs and activities of 

21 the Federal Government in light of the policy set forth in sub22 chapter II for the purpose of determining the extent to which 

23 those programs and activities are contributing to the achievement 

24 of that policy; and 

25 (B) make recommendations to the President with respect there26 to; 

27 (3) to develop and recommend to the President national policies to 

28 foster and promote the improvement of environmental quality to meet 

29 the conservation, social, economic, health, and other requirements and 

30 goals of the Nation; 

31 (4) to conduct investigations, studies, surveys, research, and analyses 

32 relating to environmental quality; 

33 (5) to— 

34 (A) document and define changes in the natural environment, 

35 including the plant and animal systems; and 

36 (B) accumulate necessary data and other information for a con37 tinuing analysis of those changes or trends and an interpretation 

38 of their underlying causes; 

39 (6) to report at least once each year to the President on the state 

40 and condition of the environment; and 


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1 (7) to make and furnish such studies, reports thereon, and rec2 ommendations with respect to matters of policy and legislation as the 

3 President may request. 

4 § 105305. Consultation with Citizens’ Advisory Committee 

5 on Environmental Quality and other representa6 tives 

7 In exercising its powers, functions, and duties under this chapter, the 

8 Council shall— 

9 (1) consult with such representatives of science, industry, agri10 culture, labor, conservation organizations, State and local governments 

11 and other groups, as the Council considers advisable; and 

12 (2) utilize, to the fullest extent possible, the services, facilities, and 

13 information (including statistical information) of public and private 

14 agencies and organizations, and individuals, in order that duplication 

15 of effort and expense may be avoided, thus ensuring that the Council’s 

16 activities will not unnecessarily overlap or conflict with similar activities 

17 authorized by law and performed by established agencies. 

18 § 105306. Full-time service; compensation 

19 (a) FULL-TIME SERVICE.—A member of the Council shall serve full time. 

20 (b) COMPENSATION.— 

21 (1) CHAIRMAN.—The Chairman of the Council shall be compensated 

22 at the rate provided for Level II of the Executive Schedule Pay Rates 

23 under section 5313 of title 5. 

24 (2) OTHER MEMBERS.—A member of the Council other than the 

25 Chairman shall be compensated at the rate provided for Level IV of 

26 the Executive Schedule Pay Rates under section 5315 of title 5. 

27 § 105307. Acceptance of travel reimbursement 

28 The Council may accept reimbursement from any private nonprofit orga29 nization or from any Federal, State, or local government agency for the rea30 sonable travel expenses incurred by an officer or employee of the Council 

31 in connection with the officer or employee’s attendance at any conference, 

32 seminar, or similar meeting conducted for the benefit of the Council. 

33 § 105308. Expenditures for international activities 

34 The Council may make expenditures in support of its international activi35 ties, including expenditures for— 

36 (1) international travel; 

37 (2) activities in implementation of international agreements; and 

38 (3) the support of international exchange programs in the United 

39 States and in foreign countries. 


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1 § 105309. Authorization of appropriations 

2 There is authorized to be appropriated to carry out this chapter 

3 $1,000,000 for each fiscal year. 

4 Chapter 107—Environmental Quality 

5 Improvement 

Sec. 

107101. Definitions. 

107102. Findings, declarations, and purposes. 

107103. Office of Environmental Quality. 

107104. Office of Environmental Quality Management Fund. 

6 § 107101. Definitions 

7 In this chapter: 

8 (1) DIRECTOR.—The term ‘‘Director’’ means the Director of the Of9 fice. 

10 (2) FUND.—The term ‘‘Office of Environmental Quality Manage11 ment Fund’’ means the Office of Environmental Quality Management 

12 Fund established under section 107104 of this title. 

13 (3) OFFICE.—The term ‘‘Office’’ means the Office of Environmental 

14 Quality established under section 107103 of this title. 

15 § 107102. Findings, declarations, and purposes 

16 (a) FINDINGS.—Congress finds that— 

17 (1) man has caused changes in the environment; 

18 (2) many of those changes may affect the relationship between man 

19 and his environment; and 

20 (3) population increases and urban concentration contribute directly 

21 to pollution and the degradation of our environment. 

22 (b) DECLARATIONS.— 

23 (1) NATIONAL POLICY.—Congress declares that there is a national 

24 policy for the environment that provides for the enhancement of envi25 ronmental quality. That policy is evidenced by statutes enacted relating 

26 to the prevention, abatement, and control of environmental pollution, 

27 water and land resources, transportation, and economic and regional 

28 development. 

29 (2) RESPONSIBILITY FOR IMPLEMENTATION.—The primary responsi30 bility for implementing that policy rests with State and local govern31 ment. 

32 (3) REGIONAL ORGANIZATIONS.—The Federal Government encour33 ages and supports implementation of that policy through appropriate 

34 regional organizations established under law. 

35 (c) PURPOSES.—The purposes of this chapter are— 

36 (1) to ensure that each Federal agency conducting or supporting 

37 public works activities that affect the environment shall implement the 

38 policies established under law; and 


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1 (2) to authorize an Office of Environmental Quality, which, notwith2 standing any other provision of law, shall provide the professional and 

3 administrative staff for the Council on Environmental Quality. 

4 § 107103. Office of Environmental Quality 

5 (a) ESTABLISHMENT; DIRECTOR; DEPUTY DIRECTOR.— 

6 (1) ESTABLISHMENT.—There is established in the Executive Office 

7 of the President the Office of Environmental Quality. 

8 (2) DIRECTOR.—The Chairman of the Council on Environmental 

9 Quality shall be the Director of the Office. 

10 (3) DEPUTY DIRECTOR.—There shall be in the Office a Deputy Di11 rector who shall be appointed by the President, by and with the advice 

12 and consent of the Senate. 

13 (b) COMPENSATION OF DEPUTY DIRECTOR.—The compensation of the 

14 Deputy Director shall be fixed by the President at a rate not in excess of 

15 the annual rate of compensation payable to the Deputy Director of the Of16 fice of Management and Budget. 

17 (c) EMPLOYMENT OF OFFICERS, EMPLOYEES, EXPERTS, AND CONSULT18 ANTS; COMPENSATION.—The Director may employ such officers and em19 ployees (including experts and consultants) as may be necessary to enable 

20 the Office to carry out its functions under this chapter and chapter 105, 

21 except that the Director may employ not more than 10 specialists and other 

22 experts without regard to the provisions of title 5 governing appointments 

23 in the competitive service and pay such specialists and experts without re24 gard to the provisions of chapter 51 and subchapter III of chapter 53 of 

25 that title relating to classification and General Schedule pay rates, but no 

26 such specialist or expert shall be paid at a rate in excess of the maximum 

27 rate payable under section 5376 of title 5. 

28 (d) DUTIES AND FUNCTIONS OF DIRECTOR.—In carrying out the Direc29 tor’s functions, the Director shall assist and advise the President on policies 

30 and programs of the Federal Government affecting environmental quality 

31 by— 

32 (1) providing the professional and administrative staff and support 

33 for the Council on Environmental Quality; 

34 (2) assisting Federal agencies in appraising the effectiveness of exist35 ing and proposed facilities, programs, policies, and activities of the 

36 Federal Government, and specific major projects designated by the 

37 President that do not require individual project authorization by Con38 gress, that affect environmental quality; 

39 (3) reviewing the adequacy of existing systems for monitoring and 

40 predicting environmental changes in order to achieve effective coverage 

41 and efficient use of research facilities and other resources; 


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1 (4) promoting the advancement of scientific knowledge of the effects 

2 of actions and technology on the environment and encouraging the de3 velopment of the means to prevent or reduce adverse effects that en4 danger the health and well-being of man; 

5 (5) assisting in coordinating among Federal agencies programs and 

6 activities that affect, protect, and improve environmental quality; 

7 (6) assisting Federal agencies in the development and interrelation8 ship of environmental quality criteria and standards established 

9 through the Federal Government; and 

10 (7) collecting, collating, analyzing, and interpreting data and infor11 mation on environmental quality, ecological research, and evaluation. 

12 (e) AUTHORITY OF DIRECTOR TO CONTRACT.—The Director may con13 tract with public or private agencies, institutions, and organizations and 

14 with individuals without regard to subsections (a) and (b) of section 3324 

15 of title 31 or section 6101 of title 5 in carrying out the Director’s functions. 

16 § 107104. Office of Environmental Quality Management 

17 Fund 

18 (a) ESTABLISHMENT; FINANCING OF STUDY CONTRACTS AND FEDERAL

19 INTERAGENCY ENVIRONMENTAL PROJECTS.—There is established an Office 

20 of Environmental Quality Management Fund to receive advance payments 

21 from other agencies or accounts that may be used solely to finance— 

22 (1) study contracts that are jointly sponsored by the Office and 1 

23 or more other Federal agencies; and 

24 (2) Federal interagency environmental projects (including task 

25 forces) in which the Office participates. 

26 (b) STUDY CONTRACT OR PROJECT INITIATIVE.—Any study contract or 

27 project that is to be financed under subsection (a) may be initiated only 

28 with the approval of the Director. 

29 (c) REGULATIONS.—The Director shall promulgate regulations setting 

30 forth policies and procedures for operation of the Fund. 

31 Chapter 109—Environmental Research, 

32 Development, and Demonstration 

Subchapter I—Provisions Enacted by the Environmental Research, Development, and Demonstration Authorization Act of 1978 

Sec. 

109101. Expenditure of funds for research and development related to regulatory program 

activities. 

109102. Science Advisory Board. 

109103. Identification and coordination of research, development, and demonstration activities. 

109104. Reporting of financial interests of EPA officers and employees. 

Subchapter II—Provisions Enacted by the Environmental Research, Development, and Demonstration Authorization Act of 1979 

109201. Grants to qualified citizens groups. 

109202. Miscellaneous reports. 

109203. Staff management. 


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Subchapter III—Provisions Enacted by the Environmental Research, Development, and Demonstration Authorization Act of 1980 

109301. Energy-related pollution control technologies and environmental protection projects. 

109302. Information about environmental research and development activities. 

109303. Reimbursement for use of facilities. 

Subchapter IV—Provision Enacted by the Environmental Research, Development, and Demonstration Authorization Act of 1981 

109401. Continuing and long-term environmental research and development. 

1 Subchapter I—Provisions Enacted by the 

2 Environmental Research, Development, 

3 and Demonstration Authorization Act of 

4 1978 

5 § 109101. Expenditure of funds for research and develop6 ment related to regulatory program activities 

7 (a) DEFINITION OF PROGRAM OFFICE.—In this section, the term ‘‘pro8 gram office’’ means— 

9 (1) the Office of Air and Waste Management, for air quality activi10 ties; 

11 (2) the Office of Water and Hazardous Materials, for water quality 

12 activities and water supply activities; 

13 (3) the Office of Pesticides, for environmental effects of pesticides; 

14 (4) the Office of Solid Waste, for solid waste activities; 

15 (5) the Office of Toxic Substances, for toxic substance activities; 

16 (6) the Office of Radiation Programs, for radiation activities; and 

17 (7) the Office of Noise Abatement and Control, for noise activities. 

18 (b) REQUIREMENT.—The Administrator shall ensure that the expenditure 

19 of any funds appropriated under this subchapter or any other provision of 

20 law for environmental research and development related to regulatory pro21 gram activities shall be coordinated with, and reflect the research needs and 

22 priorities of, the program offices and the overall research needs and prior23 ities of EPA. 

24 § 109102. Science Advisory Board 

25 (a) ESTABLISHMENT.—The Administrator shall establish a Science Advi26 sory Board, which shall provide such scientific advice as may be requested 

27 by the Administrator, the Committee on Environment and Public Works of 

28 the Senate, or the Committee on Science and Technology, Committee on 

29 Energy and Commerce, or Committee on Transportation and Infrastructure 

30 of the House of Representatives. 

31 (b) MEMBERSHIP; CHAIRMAN; MEETINGS; QUALIFICATIONS OF MEM32 BERS.—The Board shall be composed of at least 9 members, 1 of whom 

33 shall be designated Chairman, and shall meet at such times and places as 

34 may be designated by the Chairman of the Board in consultation with the 

35 Administrator. Each member of the Board shall be qualified by education, 


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1 training, and experience to evaluate scientific and technical information on 

2 matters referred to the Board under this section. 

3 (c) PROPOSED ENVIRONMENTAL CRITERIA DOCUMENT, STANDARD, LIMI4 TATION, OR REGULATION.— 

5 (1) AVAILABILITY TO BOARD.—The Administrator, at the time any 

6 proposed criteria document, standard, limitation, or regulation under 

7 division A of subtitle II, the Federal Water Pollution Control Act (33 

8 U.S.C. 1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 

9 et seq.), the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.), the 

10 Toxic Substances Control Act (15 U.S.C. 2601 et seq.), or the Safe 

11 Drinking Water Act (42 U.S.C. 300f et seq.), or under any other au12 thority of the Administrator, is provided to any other Federal agency 

13 for formal review and comment, shall make available to the Board— 

14 (A) the proposed criteria document, standard, limitation, or reg15 ulation; and 

16 (B) relevant scientific and technical information in the posses17 sion of EPA on which the proposed action is based. 

18 (2) ADVICE AND COMMENTS.—The Board may make available to the 

19 Administrator, within the time specified by the Administrator, its ad20 vice and comments on the adequacy of the scientific and technical basis 

21 of the proposed criteria document, standard, limitation, or regulation, 

22 together with any pertinent information in the Board’s possession. 

23 (d) USE OF TECHNICAL AND SCIENTIFIC CAPABILITIES.—In preparing 

24 its advice and comments, the Board shall avail itself of the technical and 

25 scientific capabilities of any Federal agency, including EPA and any na26 tional environmental laboratories. 

27 (e) COMMITTEES.— 

28 (1) MEMBER COMMITTEES.— 

29 (A) IN GENERAL.—The Board may establish such member com30 mittees and investigative panels as the Administrator and the 

31 Board determine to be necessary to carry out this section. 

32 (B) CHAIRMANSHIP.—Each member committee or investigative 

33 panel established under this subsection shall be chaired by a mem34 ber of the Board. 

35 (2) AGRICULTURE-RELATED COMMITTEES.— 

36 (A) IN GENERAL.—The Administrator and the Board— 

37 (i) shall establish a standing agriculture-related committee; 

38 and 

39 (ii) may establish such additional agriculture-related com40 mittees and investigative panels as the Administrator and the 


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1 Board determine to be necessary to carry out the duties 

2 under subparagraph (C). 

3 (B) MEMBERSHIP.—The standing committee and each agri4 culture-related committee or investigative panel established under 

5 subparagraph (A) shall be— 

6 (i) composed of— 

7 (I) such number of members as the Administrator and 

8 the Board determine to be necessary; and 

9 (II) individuals who are not members of the Board on 

10 the date of appointment to the committee or investigative 

11 panel; and 

12 (ii) appointed by the Administrator and the Board, in con13 sultation with the Secretary of Agriculture. 

14 (C) DUTIES.—The agriculture-related standing committee and 

15 each additional committee and investigative panel established 

16 under subparagraph (A) shall provide scientific and technical ad17 vice to the Board relating to matters referred to the Board that 

18 the Administrator and the Board determine, in consultation with 

19 the Secretary of Agriculture, to have a significant direct impact 

20 on enterprises that are engaged in the business of production of 

21 food and fiber, ranching and raising livestock, aquaculture, or any 

22 other farming- or agriculture-related industry. 

23 (f) APPOINTMENT AND COMPENSATION OF SECRETARY AND OTHER PER24 SONNEL; COMPENSATION OF MEMBERS.— 

25 (1) APPOINTMENT AND COMPENSATION OF SECRETARY AND OTHER

26 PERSONNEL.—On the recommendation of the Board, the Administrator 

27 shall appoint a secretary and such other employees as are necessary to 

28 exercise and fulfill the Board’s powers and responsibilities. The com29 pensation of all employees appointed under this paragraph shall be 

30 fixed in accordance with chapter 51 and subchapter III of chapter 53 

31 of title 5. 

32 (2) COMPENSATION OF MEMBERS.—Members of the Board may be 

33 compensated at a rate to be fixed by the President but not in excess 

34 of the maximum rate payable under section 5376 of title 5. 

35 (g) CONSULTATION AND COORDINATION WITH SCIENTIFIC ADVISORY

36 PANEL.—In carrying out the functions assigned by this section, the Board 

37 shall consult and coordinate its activities with the Scientific Advisory Panel 

38 established by the Administrator under section 25(d) of the Federal Insecti39 cide, Fungicide, and Rodenticide Act (7 U.S.C. 136w(d)). 

40 (h) PUBLIC PARTICIPATION AND TRANSPARENCY.—The Board shall 

41 make every effort, consistent with applicable law, including section 552 of 


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1 title 5 (commonly known as the ‘‘Freedom of Information Act’’) and section 

2 552a of title 5 (commonly known as the ‘‘Privacy Act’’), to maximize public 

3 participation and transparency, including making the scientific and technical 

4 advice of the Board and any committees or investigative panels of the Board 

5 publically available in electronic form on the EPA website. 

6 (i) REPORT TO CONGRESS.—The Administrator shall annually report to 

7 the Committee on Environment and Public Works and Committee on Agri8 culture, Nutrition and Forestry of the Senate and the Committee on Trans9 portation and Infrastructure, Committee on Energy and Commerce, and 

10 Committee on Agriculture of the House of Representatives regarding the 

11 membership and activities of the standing agriculture-related committee es12 tablished under subsection (e)(2)(A)(i). 

13 § 109103. Identification and coordination of research, devel14 opment, and demonstration activities 

15 (a) CONSULTATION AND COOPERATION OF ADMINISTRATOR WITH FED16 ERAL AGENCY HEADS.— 

17 (1) IN GENERAL.—The Administrator, in consultation and coopera18 tion with the heads of other Federal agencies, shall take such actions 

19 on a continuing basis as may be necessary or appropriate— 

20 (A) to identify environmental research, development, and dem21 onstration activities, within and outside the Federal Government, 

22 that may need to be more effectively coordinated to minimize un23 necessary duplication of programs, projects, and research facilities; 

24 (B) to determine the steps that might be taken under existing 

25 law, by the Administrator and by the heads of other Federal agen26 cies, to accomplish or promote such coordination, and to provide 

27 for or encourage the taking of such steps; and 

28 (C) to determine the additional legislative actions that would be 

29 needed to ensure such coordination to the maximum extent pos30 sible. 

31 (2) REPORTS.—The Administrator may submit to Congress reports 

32 on actions and determinations under paragraph (1) at such times as 

33 the Administrator considers appropriate. 

34 (b) COORDINATION OF PROGRAMS.—The Administrator shall coordinate 

35 EPA environmental research, development, and demonstration programs 

36 with the heads of other Federal agencies in order to minimize unnecessary 

37 duplication of programs, projects, and research facilities. 

38 § 109104. Reporting of financial interests of EPA officers 

39 and employees 

40 (a) IN GENERAL.—An officer or employee of EPA who— 

41 (1) performs any function or duty under this chapter; and 


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1 (2) has any known financial interest in any person that applies for 

2 or receives a grant, contract, or other form of financial assistance 

3 under this chapter; 

4 shall annually file with the Administrator a written statement concerning all 

5 such interests held by the officer or employee during the preceding calendar 

6 year. 

7 (b) PUBLIC AVAILABILITY.—A statement under subsection (a) shall be 

8 available to the public. 

9 (c) IMPLEMENTATION OF REQUIREMENTS.—The Administrator shall— 

10 (1) define the term ‘‘known financial interest’’ for purposes of sub11 section (a); and 

12 (2) establish the methods by which the requirement to file written 

13 statements specified in subsection (a) will be monitored and enforced, 

14 including appropriate provision for the filing by officers and employees 

15 of statements under subsection (a) and the review by the Administrator 

16 of the statements. 

17 (d) EXEMPTION OF POSITIONS BY ADMINISTRATOR.—In the regulations 

18 prescribed under subsection (c), the Administrator may identify specific po19 sitions of a nonpolicymaking nature within EPA and provide that officers 

20 or employees occupying those positions shall be exempt from the require21 ments of this section. 

22 (e) CRIMINAL PENALTIES.—Criminal penalties for a violation of this sec23 tion are provided under section 731 of title 18. 

24 Subchapter II—Provisions Enacted by the 

25 Environmental Research, Development, 

26 and Demonstration Authorization Act of 

27 1979 

28 § 109201. Grants to qualified citizens groups 

29 (a) DEFINITION OF QUALIFIED CITIZENS GROUP.—In this section, the 

30 term ‘‘qualified citizens group’’ means a nonprofit organization of citizens 

31 that— 

32 (1) has an area-based focus; 

33 (2) is not single-issue oriented; and 

34 (3) demonstrates a prior record of interest and involvement in goal35 setting and research concerned with improving the quality of life, in36 cluding plans to identify, protect, and enhance significant natural and 

37 cultural resources and the environment. 

38 (b) GRANTS.—The Administrator may make a grant to a qualified citi39 zens group in a State or region for the purpose of supporting and encour40 aging participation by the qualified citizens group in— 


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1 (1) determining how scientific, technological, and social trends and 

2 changes affect the future environment and quality of life of an area; 

3 and 

4 (2) setting goals and identifying measures for improvement. 

5 (c) ELIGIBILITY.—A qualified citizens group shall be eligible for assist6 ance under this section only if the qualified citizens group is certified by 

7 the Governor in consultation with the State legislature as a bona fide orga8 nization entitled to receive Federal assistance to pursue the aims of the pro9 gram under this section. The qualified citizens group shall further dem10 onstrate its capacity to employ usefully the funds for the purposes of the 

11 program and its broad-based representative nature. 

12 (d) AMOUNT.—A grant made under this section shall not exceed 75 per13 cent of the estimated cost of the project or program for which the grant 

14 is made, and no qualified citizens group shall receive more than $50,000 

15 in any 1 year. 

16 (e) ANNUAL RENEWAL.—After an initial application of a qualified citi17 zens group for assistance under this section has been approved, the Admin18 istrator may make grants to the qualified citizens group on an annual basis, 

19 on condition that the Governor recertify the qualified citizens group and 

20 that the applicant submit to the Administrator annually— 

21 (1) an evaluation of the progress made during the previous year in 

22 meeting the objectives for which the grant was made; 

23 (2) a description of any changes in the objectives of the activities; 

24 and 

25 (3) a description of the proposed activities for the succeeding one26 year period. 

27 (f) NO LOBBYING OR LITIGATION.—No financial assistance provided 

28 under this section shall be used to support lobbying or litigation by any re29 cipient qualified citizens group. 

30 (g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap31 propriated to EPA for grants to qualified citizens groups in States and re32 gions $3,000,000. 

33 § 109202. Miscellaneous reports 

34 (a) AVAILABILITY TO CONGRESSIONAL COMMITTEES.—All reports to or 

35 by the Administrator relevant to EPA’s program of research, development, 

36 and demonstration shall promptly be made available to the Committee on 

37 Science and Technology of the House of Representatives and the Committee 

38 on Environment and Public Works of the Senate, unless otherwise prohib39 ited by law. 

40 (b) INFORMATION WITH RESPECT TO MATTERS FALLING WITHIN OR

41 RELATED TO COMMITTEE JURISDICTION.—The Administrator shall keep 


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1 the Committee on Science and Technology of the House of Representatives 

2 and the Committee on Environment and Public Works of the Senate fully 

3 and currently informed with respect to matters falling within or related to 

4 the jurisdiction of the committees. 

5 (c) AVAILABILITY OF RESEARCH INFORMATION TO THE DEPARTMENT OF

6 ENERGY.—For the purpose of assisting the Department of Energy in plan7 ning and assigning priorities in research, development, and demonstration 

8 activities related to environmental control technologies, the Administrator 

9 shall actively make available to the Department all information on research 

10 activities and results of research programs of EPA. 

11 § 109203. Staff management 

12 (a) APPOINTMENTS FOR EDUCATIONAL PROGRAMS.— 

13 (1) IN GENERAL.—The Administrator may select and appoint up to 

14 75 full-time permanent staff members in the Office of Research and 

15 Development to pursue full-time educational programs for the purpose 

16 of— 

17 (A) securing an advanced degree; or 

18 (B) securing academic training; 

19 for the purpose of making a career change in order to better carry out 

20 EPA’s research mission. 

21 (2) RULES AND CRITERIA.—The Administrator shall select and ap22 point staff members for assignments under paragraph (1) according to 

23 rules and criteria promulgated by the Administrator. 

24 (3) PAY.—The Administrator may continue to pay the salary and 

25 benefits of the appointees under paragraph (1) and reasonable and ap26 propriate relocation expenses and tuition. 

27 (4) TERM.—The term of each appointment under paragraph (1) 

28 shall be for up to 1 year, with a single renewal of up to 1 year in ap29 propriate cases at the discretion of the Administrator. 

30 (5) PERSONNEL CEILING.—Staff members appointed under para31 graph (1) shall not count against any EPA personnel ceiling during the 

32 term of their appointment. 

33 (b) POST-DOCTORAL RESEARCH FELLOWS.— 

34 (1) IN GENERAL.—The Administrator may appoint up to 25 post35 doctoral research fellows in accordance with section 213.3102(aa) of 

36 title 5, Code of Federal Regulations. 

37 (2) PERSONNEL CEILING.—Post-doctoral research fellows appointed 

38 under paragraph (1) shall not count against any EPA personnel ceil39 ing. 

40 (c) NON-GOVERNMENT RESEARCH ASSOCIATES.— 


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1 (1) IN GENERAL.—The Administrator may, and is encouraged to, 

2 utilize research associates from outside the Federal Government in con3 ducting the research, development, and demonstration programs of 

4 EPA. 

5 (2) SELECTION; RULES AND CRITERIA.—Research associates de6 scribed in paragraph (1) shall be selected and shall serve according to 

7 rules and criteria promulgated by the Administrator. 

8 (d) WOMEN AND MINORITY GROUPS.—For all programs under this sec9 tion, the Administrator shall place special emphasis on providing opportuni10 ties for education and training of women and minority groups. 

11 Subchapter III—Provisions Enacted by the 

12 Environmental Research, Development, 

13 and Demonstration Authorization Act of 

14 1980 

15 § 109301. Energy-related pollution control technologies and 

16 environmental protection projects 

17 (a) ENERGY-RELATED POLLUTION CONTROL TECHNOLOGIES.—The Ad18 ministrator shall continue to be responsible for conducting and shall con19 tinue to conduct full-scale demonstrations of energy-related pollution control 

20 technologies as necessary in the Administrator’s judgment to fulfill— 

21 (1) division A of subtitle II; 

22 (2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et 

23 seq.); and 

24 (3) other pertinent pollution control statutes. 

25 (b) ENERGY-RELATED ENVIRONMENTAL PROTECTION PROJECTS.—En26 ergy-related environmental protection projects authorized to be administered 

27 by the Administrator under the Environmental Research, Development, and 

28 Demonstration Authorization Act of 1980 (94 Stat. 325) shall not be trans29 ferred administratively to the Department of Energy or reduced through 

30 budget amendment. No action shall be taken through administrative or 

31 budgetary means to diminish the ability of the Administrator to initiate 

32 such projects. 

33 § 109302. Information about environmental research and de34 velopment activities 

35 The Administrator shall keep the appropriate committees of Congress 

36 fully and currently informed about all aspects of the environmental research 

37 and development activities of EPA. 

38 § 109303. Reimbursement for use of facilities 

39 (a) IN GENERAL.—The Administrator may allow appropriate use of spe40 cial EPA research and test facilities by outside groups or individuals and 

41 receive reimbursement or fees for costs incurred in connection with such use 


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1 when the Administrator finds it to be in the public interest. Such reimburse2 ment or fees shall be used by the Administrator to defray the costs of use 

3 by outside groups or individuals. 

4 (b) REGULATIONS.—The Administrator may promulgate regulations to 

5 cover the use of EPA facilities under subsection (a) in accordance with gen6 erally accepted accounting, safety, and laboratory practices. 

7 (c) WAIVER OF REIMBURSEMENT.—When the Administrator finds it is in 

8 the public interest, the Administrator may waive reimbursement or fees for 

9 outside use of EPA facilities by nonprofit private or public entities. 

10 Subchapter IV—Provision Enacted by the 

11 Environmental Research, Development, 

12 and Demonstration Authorization Act of 

13 1981 

14 § 109401. Continuing and long-term environmental research 

15 and development 

16 (a) IN GENERAL.—The Administrator shall establish a separately identi17 fied program of continuing, long-term environmental research and develop18 ment for— 

19 (1) air quality activities under division A of subtitle II; 

20 (2) water quality activities under the Federal Water Pollution Con21 trol Act (33 U.S.C. 1251 et seq.); 

22 (3) water supply activities under the Safe Drinking Water Act (42 

23 U.S.C. 300f et seq.); 

24 (4) solid waste activities under the Solid Waste Disposal Act (42 

25 U.S.C. 6901 et seq.); 

26 (5) pesticide activities under the Federal Insecticide, Fungicide, and 

27 Rodenticide Act (7 U.S.C. 136 et seq.); 

28 (6) radiation activities under the Public Health Service Act (42 

29 U.S.C. 201 et seq.); 

30 (7) interdisciplinary activities in the Health and Ecological Effects 

31 program and the Monitoring and Technical Support program; 

32 (8) toxic substance activities under the Toxic Substances Control Act 

33 (15 U.S.C. 2601 et seq.); and 

34 (9) energy activities in the Health and Ecological Effects program 

35 and the Energy Control program. 

36 (b) USE OF APPROPRIATED FUNDS.—Unless otherwise specified by law, 

37 at least 15 percent of funds appropriated to the Administrator for environ38 mental research and development for each activity listed in subsection (a) 

39 shall be obligated and expended for long-term environmental research and 

40 development under subsection (a). 


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1 Chapter 111—Provisions Applicable to 

2 More Than 1 Subtitle or Other Law 

Sec. 

111101. Oklahoma Indian country. 

3 § 111101. Oklahoma Indian country 

4 (a) ADMINISTRATION OF STATE PROGRAMS BY THE STATE.—Notwith5 standing any other provision of law, if the Administrator determines that 

6 a regulatory program submitted by the State of Oklahoma for approval by 

7 the Administrator under a law administered by the Administrator meets ap8 plicable requirements of the law, and the Administrator approves the State 

9 to administer the State program under the law with respect to areas in the 

10 State that are not Indian country, on request of the State, the Adminis11 trator shall approve the State to administer the State program in the areas 

12 of the State that are in Indian country, without any further demonstration 

13 of authority by the State. 

14 (b) TREATMENT AS STATE.—Notwithstanding any other provision of law, 

15 the Administrator may treat an Indian tribe in the State of Oklahoma as 

16 a State under a law administered by the Administrator only if— 

17 (1) the Indian tribe meets requirements under the law to be treated 

18 as a State; and 

19 (2) the Indian tribe and the agency of the State of Oklahoma with 

20 federally delegated program authority enter into a cooperative agree21 ment, subject to review and approval of the Administrator after notice 

22 and opportunity for public hearing, under which the Indian tribe and 

23 that State agency agree to treatment of the Indian tribe as a State and 

24 to jointly plan and administer program requirements. 

25 Chapters 113 through 197—Reserved 

26 Chapter 199—Miscellaneous 

Sec. 

199101. Interagency cooperation on prevention of environmental cancer and heart and lung 

disease. 

199102. Utilization of talents of older Americans in projects of pollution prevention, abatement, and control. 

199103. Indian environmental general assistance program. 

199104. EPA fees. 

199105. Availability of fees and charges deposited in the Licensing and Other Services Fund 

to carry out EPA programs. 

199106. Percentage of Federal funding for organizations owned by socially and economically 

disadvantaged individuals. 

199107. Working capital fund. 

199108. Availability of funds after expiration of period for liquidating obligations. 

27 § 199101. Interagency cooperation on prevention of environ28 mental cancer and heart and lung disease 

29 (a) TASK FORCE.—There shall be established a Task Force on Environ30 mental Cancer and Heart and Lung Disease (referred to in this section as 

31 the ‘‘Task Force’’). 


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1 (b) MEMBERSHIP; CHAIR.—The Task Force— 

2 (1) shall include— 

3 (A) representatives of EPA, the National Cancer Institute, the 

4 National Heart, Lung, and Blood Institute, the National Institute 

5 of Occupational Safety and Health, and the National Institute on 

6 Environmental Health Sciences; and 

7 (B) the Director of the National Center for Health Statistics 

8 and the head of the Centers for Disease Control and Prevention 

9 (or the successor to that entity); and 

10 (2) shall be chaired by the Administrator. 

11 (c) DUTIES.—The Task Force shall— 

12 (1) recommend a comprehensive research program to determine and 

13 quantify the relationship between environmental pollution and human 

14 cancer and heart and lung disease; 

15 (2) recommend comprehensive strategies to reduce or eliminate the 

16 risks of cancer or heart and lung disease associated with environmental 

17 pollution; 

18 (3) recommend research and such other measures as may be appro19 priate to prevent or reduce the incidence of environmentally related 

20 cancer and heart and lung diseases; and 

21 (4) coordinate research by, and stimulate cooperation between, EPA, 

22 the Department of Health and Human Services, and such other agen23 cies as may be appropriate to prevent environmentally related cancer 

24 and heart and lung diseases. 

25 § 199102. Utilization of talents of older Americans in 

26 projects of pollution prevention, abatement, and 

27 control 

28 (a) TECHNICAL ASSISTANCE TO ENVIRONMENTAL AGENCIES.—Notwith29 standing any other provision of law relating to Federal grants and coopera30 tive agreements, the Administrator may make a grant to, or enter into a 

31 cooperative agreement with, a private nonprofit organization designated by 

32 the Secretary of Labor under title V of the Older Americans Act of 1965 

33 (42 U.S.C. 3056 et seq.) to utilize the talents of older Americans in pro34 grams authorized by other provisions of law administered by the Adminis35 trator (and consistent with those provisions of law) in providing technical 

36 assistance to Federal, State, and local environmental agencies for projects 

37 of pollution prevention, abatement, and control. 

38 (b) PRE-AWARD CERTIFICATIONS.—Prior to awarding any grant or 

39 agreement under subsection (a), the Federal, State, or local environmental 

40 agency shall certify to the Administrator that the grant or agreement will 

41 not— 


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1 (1) result in the displacement of individuals currently employed by 

2 the environmental agency concerned (including partial displacement 

3 through reduction of nonovertime hours, wages, or employment bene4 fits); 

5 (2) result in the employment of any individual when any other per6 son is in a layoff status from the same or substantially equivalent job 

7 within the jurisdiction of the environmental agency concerned; or 

8 (3) affect existing contracts for services. 

9 (c) FUNDING.— 

10 (1) IN GENERAL.—Funding for grants or agreements under this sec11 tion may be made available from programs described in subsection (a) 

12 or through title V of the Older Americans Act of 1965 (42 U.S.C. 3056 

13 et seq.) and subtitle D of title I of the Workforce Innovation and Op14 portunity Act (29 U.S.C. 3221 et seq.). 

15 (2) PRIOR APPROPRIATION ACTS.—Grants or agreements awarded 

16 under this section shall be subject to prior appropriation Acts. 

17 § 199103. Indian environmental general assistance program 

18 (a) PURPOSES.—The purposes of this section are to— 

19 (1) provide general assistance grants to Indian tribal governments 

20 and intertribal consortia to build capacity to administer environmental 

21 regulatory programs that may be delegated by the Administrator on In22 dian land; and 

23 (2) provide technical assistance from the Administrator to Indian 

24 tribal governments and intertribal consortia in the development of 

25 multimedia programs to address environmental issues on Indian land. 

26 (b) DEFINITIONS.—In this section: 

27 (1) INDIAN TRIBAL GOVERNMENT.—The term ‘‘Indian tribal govern28 ment’’ means any Indian tribe, band, nation, or other organized group 

29 or community, including any Alaska Native village or regional or village 

30 corporation (as defined in, or established pursuant to, the Alaska Na31 tive Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recog32 nized as eligible for the special services provided by the United States 

33 to Indians because of their status as Indians. 

34 (2) INTERTRIBAL CONSORTIUM.—The term ‘‘intertribal consortium’’ 

35 means a partnership between 2 or more Indian tribal governments au36 thorized by the governing bodies of those Indian tribes to apply for and 

37 receive assistance pursuant to this section. 

38 (c) GENERAL ASSISTANCE PROGRAM.— 

39 (1) IN GENERAL.—The Administrator shall establish an Indian envi40 ronmental general assistance program that provides grants to eligible 

41 Indian tribal governments or intertribal consortia to cover the costs of 


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1 planning, developing, and establishing environmental protection pro2 grams consistent with other applicable provisions of law providing for 

3 enforcement of such laws by Indian tribes on Indian land. 

4 (2) GRANT AMOUNT.—Each grant awarded for general assistance 

5 under this subsection for a fiscal year shall be not less than $75,000, 

6 and no single grant may be awarded to an Indian tribal government 

7 or intertribal consortium for more than 10 percent of the funds appro8 priated to carry out this section. 

9 (3) GRANT TERM.—The term of any general assistance award made 

10 under this subsection may exceed 1 year. Any award made pursuant 

11 to this section shall remain available until expended. An Indian tribal 

12 government or intertribal consortium may receive a general assistance 

13 grant for a period of up to 4 years in each specific media area. 

14 (d) NO REDUCTION IN AMOUNTS.—In no case shall the award of a gen15 eral assistance grant to an Indian tribal government or intertribal consor16 tium under this section result in a reduction of EPA grants for environ17 mental programs to that tribal government or consortium. Nothing in this 

18 section shall preclude an Indian tribal government or intertribal consortium 

19 from receiving individual media grants or cooperative agreements. Funds 

20 provided by the Administrator through the general assistance program shall 

21 be used by an Indian tribal government or intertribal consortium to supple22 ment other funds provided by the Administrator through individual media 

23 grants or cooperative agreements. 

24 (e) EXPENDITURE OF GENERAL ASSISTANCE.—Any general assistance 

25 under this section shall be expended for the purpose of planning, developing, 

26 and establishing the capability to implement programs administered by the 

27 Administrator and specified in the assistance agreement. Purposes and pro28 grams authorized under this section shall include the development and im29 plementation of solid and hazardous waste programs for Indian land. An In30 dian tribal government or intertribal consortium receiving general assistance 

31 pursuant to this section shall utilize the funds for programs and purposes 

32 to be carried out in accordance with the terms of the assistance agreement. 

33 The programs and general assistance shall be carried out in accordance with 

34 the purposes and requirements of applicable provisions of law (including the 

35 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)). 

36 (f) PROCEDURES.— 

37 (1) REGULATIONS.—The Administrator shall promulgate regulations 

38 establishing procedures under which an Indian tribal government or 

39 intertribal consortium may apply for general assistance grants under 

40 this section. 


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1 (2) ACCOUNTING, AUDITING, EVALUATING, AND REVIEWING.—The 

2 Administrator shall establish procedures for accounting, auditing, eval3 uating, and reviewing any programs or activities funded in whole or in 

4 part by a general assistance grant under this section. 

5 (g) REPORTS TO CONGRESS.—The Administrator shall submit an annual 

6 report to the appropriate Committees of Congress with jurisdiction over the 

7 applicable environmental laws and Indian tribes describing which Indian 

8 tribes or intertribal consortia have been granted approval by the Adminis9 trator pursuant to law to enforce certain environmental laws and the effec10 tiveness of any such enforcement. 

11 § 199104. EPA fees 

12 (a) ASSESSMENT AND COLLECTION.—The Administrator shall by regula13 tion assess and collect fees and charges for services and activities carried 

14 out pursuant to laws administered by the Administrator. 

15 (b) LIMITATION ON FEES AND CHARGES.— 

16 (1) CERTAIN PROGRAMS.—The maximum aggregate amount of fees 

17 and charges in excess of the amounts being collected under law in ef18 fect as of November 5, 1980, that may be assessed and collected pursu19 ant to this section in a fiscal year— 

20 (A) for services and activities carried out pursuant to the Fed21 eral Water Pollution Control Act (33 U.S.C. 1251 et seq.) is 

22 $10,000,000; and 

23 (B) for services and activities in programs within the jurisdic24 tion of the Committee on Energy and Commerce of the House of 

25 Representatives and administered by the Administrator shall be 

26 limited to— 

27 (i) such sums collected as of November 5, 1990, pursuant 

28 to sections 26(b) and 305(d)(2) of the Toxic Substances Con29 trol Act (15 U.S.C. 2625(b), 2665(d)(2)); and 

30 (ii) such sums specifically authorized by Public Law 101– 

31 549 (commonly known as the Clean Air Act Amendments of 

32 1990). 

33 (2) OTHER PROGRAMS.—Any remaining amounts required to be col34 lected under this section shall be collected from services and programs 

35 administered by the Administrator other than those specified in sub36 paragraphs (A) and (B) of paragraph (1). 

37 (c) RULE OF CONSTRUCTION.—Nothing in this section increases or di38 minishes the authority of the Administrator to promulgate regulations pur39 suant to section 9701 of title 31. 

40 (d) USES OF FEES.—Fees and charges collected pursuant to this section 

41 shall be deposited in the Treasury in a special account for environmental 


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1 services. Subject to appropriation Acts, such funds shall be available to the 

2 Administrator to carry out the activities for which the fees and charges are 

3 collected. Such funds shall remain available until expended. 

4 § 199105. Availability of fees and charges deposited in the 

5 Licensing and Other Services Fund to carry out 

6 EPA programs 

7 Amounts deposited in the Licensing and Other Services Fund from fees 

8 and charges assessed and collected by the Administrator for services and ac9 tivities carried out pursuant to the statutes administered by the Adminis10 trator shall be available to carry out EPA’s activities in the programs for 

11 which the fees or charges are made. 

12 § 199106. Percentage of Federal funding for organizations 

13 owned by socially and economically disadvantaged 

14 individuals 

15 (a) IN GENERAL.—The Administrator shall, to the fullest extent possible, 

16 ensure that at least 8 percent of Federal funding for prime and sub17 contracts awarded in support of authorized programs, including grants, 

18 loans, and contracts for wastewater treatment and leaking underground 

19 storage tanks grants, be made available to business concerns or other orga20 nizations owned or controlled by socially and economically disadvantaged in21 dividuals (within the meaning of paragraphs (5) and (6) of section 8(a) of 

22 the Small Business Act (15 U.S.C. 637(a))), including historically black col23 leges and universities. 

24 (b) WOMEN.—For purposes of this section, economically and socially dis25 advantaged individuals shall be deemed to include women. 

26 § 199107. Working capital fund 

27 (a) ESTABLISHMENT.—There is established in the Treasury a working 

28 capital fund, to be available without fiscal year limitation for expenses and 

29 equipment necessary for the maintenance and operation of such administra30 tive services as the Administrator determines may be performed more ad31 vantageously as central services. 

32 (b) USE OF ASSETS TO CAPITALIZE FUND.—Any inventories, equipment, 

33 and other assets pertaining to the services to be provided by the working 

34 capital fund, either on hand or on order, less the related liabilities or unpaid 

35 obligations, and any appropriations made for the purpose of providing cap36 ital, shall be used to capitalize the working capital fund. 

37 (c) PAYMENT OR REIMBURSEMENT.—The working capital fund shall be 

38 paid in advance or reimbursed from funds available to EPA and other Fed39 eral agencies for which such centralized services are performed, at rates that 

40 will return in full all expenses of operation, including— 

41 (1) accrued leave; 


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1 (2) depreciation of fund plant and equipment; 

2 (3) amortization of automated data processing software and systems 

3 (either acquired or donated); and 

4 (4) an amount necessary to maintain a reasonable operating reserve, 

5 as determined by the Administrator. 

6 (d) COMPETITION.—The working capital fund shall provide services on a 

7 competitive basis. 

8 (e) RESERVE.— 

9 (1) IN GENERAL.—An amount not to exceed 4 percent of the total 

10 income to the working capital fund during a fiscal year may be retained 

11 in the fund, to remain available until expended, to be used for the ac12 quisition of capital equipment and for the improvement and implemen13 tation of EPA financial management, automated data processing, and 

14 other support systems. 

15 (2) EXCESS.—Not later than 30 days after the end of each fiscal 

16 year, amounts in excess of the reserve limitation under paragraph (1) 

17 shall be transferred to the Treasury. 

18 § 199108. Availability of funds after expiration of period for 

19 liquidating obligations 

20 For any fiscal year, the obligated balances of sums available in multiple21 year appropriations accounts shall remain available through the 7th fiscal 

22 year after their period of availability has expired for liquidating obligations 

23 made during the period of availability. 

24 Subtitle II—Air 

25 Division A—Clean Air 

26 Subdivision 1—General Provisions 

27 Chapter 201—Definitions 

Sec. 

201101. Definitions. 

28 § 201101. Definitions 

29 In this division: 

30 (1) AIR POLLUTANT.— 

31 (A) IN GENERAL.—The term ‘‘air pollutant’’ means any air pol32 lution agent or combination of air pollution agents (including any 

33 physical, chemical, biological, radioactive (including source mate34 rial, special nuclear material, and byproduct material) substance 

35 or matter) that is emitted into or otherwise enters the ambient air. 

36 (B) INCLUSIONS.—The term ‘‘air pollutant’’ includes any pre37 cursor or precursors to the formation of any air pollutant, to the 

38 extent that the Administrator has identified the precursor or pre39 cursors for the particular purpose for which the term ‘‘air pollut40 ant’’ is used. 


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1 (2) AIR POLLUTION CONTROL AGENCY.—The term ‘‘air pollution 

2 control agency’’ means any of the following: 

3 (A) A single State agency designated by the Governor of a State 

4 as the official State air pollution control agency for purposes of 

5 this division. 

6 (B) An agency established by 2 or more States and having sub7 stantial powers or duties pertaining to the prevention and control 

8 of air pollution. 

9 (C)(i) A city, county, or other local government health author10 ity; or 

11 (ii) in the case of any city, county, or other local government 

12 in which there is an agency other than the health authority 

13 charged with responsibility for enforcing ordinances or laws relat14 ing to the prevention and control of air pollution, that agency. 

15 (D) An agency of 2 or more municipalities located in the same 

16 State or in different States and having substantial powers or du17 ties pertaining to the prevention and control of air pollution. 

18 (E) An agency of an Indian tribe. 

19 (3) AIR QUALITY CONTROL REGION.—The term ‘‘air quality control 

20 region’’ means an air quality control region designated under section 

21 211107 of this title. 

22 (4) APPLICABLE IMPLEMENTATION PLAN.—The term ‘‘applicable im23 plementation plan’’ means the portion (or portions) of an implementa24 tion plan, or most recent revision of an implementation plan, that— 

25 (A) has been approved under section 211110 of this title, pro26 mulgated under section 211110(c) of this title, or promulgated or 

27 approved pursuant to regulations promulgated under section 

28 203101(d) of this title; and 

29 (B) implements the relevant requirements of this division. 

30 (5) CO.—The term ‘‘CO’’ means carbon monoxide. 

31 (6) COMPLIANCE SCHEDULE.—The term ‘‘compliance schedule’’ 

32 means a schedule of required measures including an enforceable se33 quence of actions or operations leading to compliance with an emission 

34 limitation, other limitation, prohibition, or standard. 

35 (7) CONTROL TECHNIQUE GUIDELINE.—The term ‘‘control technique 

36 guideline’’ means a control technique guideline published by the Admin37 istrator under section 211108 of this title. 

38 (8) DELAYED COMPLIANCE ORDER.—The term ‘‘delayed compliance 

39 order’’ means an order issued by a State or by the Administrator to 

40 an existing stationary source, postponing the date required under an 


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1 applicable implementation plan for compliance by the source with any 

2 requirement of the applicable implementation plan. 

3 (9) EMISSION LIMITATION; EMISSION STANDARD.— 

4 (A) IN GENERAL.—The terms ‘‘emission limitation’’ and ‘‘emis5 sion standard’’ mean a requirement established by a State or the 

6 Administrator that limits the quantity, rate, or concentration of 

7 emissions of air pollutants on a continuous basis. 

8 (B) INCLUSIONS.—The terms ‘‘emission limitation’’ and ‘‘emis9 sion standard’’ include— 

10 (i) any requirement relating to the operation or mainte11 nance of a source to ensure continuous emission reduction; 

12 and 

13 (ii) any design, equipment, work practice, or operational 

14 standard promulgated under this division. 

15 (10) FEDERAL IMPLEMENTATION PLAN.—The term ‘‘Federal imple16 mentation plan’’ means a plan (or portion of a plan) that— 

17 (A) is promulgated by the Administrator to fill all or a portion 

18 of a gap, or otherwise correct all or a portion of an inadequacy, 

19 in a State implementation plan; 

20 (B) includes enforceable emission limitations or other control 

21 measures, means, or techniques (including economic incentives, 

22 such as marketable permits or auctions of emissions allowances); 

23 and 

24 (C) provides for attainment of the relevant NAAQS. 

25 (11) FEDERAL LAND MANAGER.—The term ‘‘Federal land manager’’ 

26 means, with respect to any land in the United States, the Secretary 

27 of the department with authority over the land. 

28 (12) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any Indian 

29 tribe, band, nation, or other organized group or community, including 

30 any Alaska Native village, that is Federally recognized as eligible for 

31 the special programs and services provided by the United States to In32 dians because of their status as Indians. 

33 (13) INTERSTATE AIR POLLUTION CONTROL AGENCY.—The term 

34 ‘‘interstate air pollution control agency’’ means— 

35 (A) an air pollution control agency established by 2 or more 

36 States; or 

37 (B) an air pollution control agency of 2 or more municipalities 

38 located in different States. 

39 (14) MAJOR EMITTING FACILITY; MAJOR STATIONARY SOURCE.—The 

40 terms ‘‘major emitting facility’’ and ‘‘major stationary source’’ mean 

41 any stationary facility or source of air pollutants that directly emits, 


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1 or has the potential to emit, 100 tons per year or more of any air pol2 lutant (including any major emitting facility or source of fugitive emis3 sions of any such pollutant, as determined by regulation by the Admin4 istrator). 

5 (15) MEANS OF EMISSION LIMITATION.— 

6 (A) IN GENERAL.—The term ‘‘means of emission limitation’’ 

7 means a system of continuous emission reduction. 

8 (B) INCLUSIONS.—The term ‘‘means of emission limitation’’ in9 cludes the use of specific technology or fuels with specified pollu10 tion characteristics. 

11 (16) MUNICIPALITY.—The term ‘‘municipality’’ means a city, town, 

12 borough, county, parish, district, or other public body created by or 

13 pursuant to State law. 

14 (17) NAAQS.—The term ‘‘NAAQS’’ means a national ambient air 

15 quality standard. 

16 (18) NOx.—The term ‘‘NOx’’ means a nitrogen oxide. 

17 (19) PERSON.—The term ‘‘person’’ includes an individual, corpora18 tion, partnership, association, State, municipality, political subdivision 

19 of a State, and any agency, department, or instrumentality of the 

20 United States and any officer, agent, or employee thereof. 

21 (20) PM–10.—The term ‘‘PM–10’’ means particulate matter with an 

22 aerodynamic diameter less than or equal to a nominal 10 micrometers, 

23 as measured by such method as the Administrator may determine. 

24 (21) PRIMARY STANDARD ATTAINMENT DATE.—The term ‘‘primary 

25 standard attainment date’’ means the date specified in an applicable 

26 implementation plan for the attainment of a primary NAAQS for any 

27 air pollutant. 

28 (22) RACT/BACT/LAER CLEARINGHOUSE.—The tern ‘‘RACT/ 

29 BACT/LAER clearinghouse’’ means the database maintained under 

30 section 211108(h) of this title. 

31 (23) STANDARD OF PERFORMANCE.— 

32 (A) IN GENERAL.—The term ‘‘standard of performance’’ means 

33 a requirement of continuous emission reduction. 

34 (B) INCLUSIONS.—The term ‘‘standard of performance’’ in35 cludes any requirement relating to the operation or maintenance 

36 of a source to ensure continuous emission reduction. 

37 (24) STATE.—The term ‘‘State’’ means a State, the District of Co38 lumbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and 

39 the Northern Mariana Islands. 

40 (25) STATIONARY SOURCE.—The term ‘‘stationary source’’ means 

41 any source of an air pollutant except emissions resulting directly from 


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1 an internal combustion engine for transportation purposes or from a 

2 nonroad engine or nonroad vehicle (as defined in section 221101 of this 

3 title). 

4 (26) VOLATILE ORGANIC COMPOUND; VOC.—The terms ‘‘volatile or5 ganic compound’’ and ‘‘VOC’’ mean a volatile organic compound as de6 fined by the Administrator. 

7 (27) WELFARE.—All language referring to effects on welfare in8 cludes— 

9 (A) effects on soil, water, crops, vegetation, manmade materials, 

10 animals, wildlife, weather, visibility, and climate; 

11 (B) damage to and deterioration of property; 

12 (C) hazards to transportation; and 

13 (D) effects on economic values and on personal comfort and 

14 well-being; 

15 whether or not any of the foregoing is caused by transformation of an 

16 air pollutant, conversion of an air pollutant, or a combination of an air 

17 pollutant with other air pollutants. 

18 Chapter 203—Administrative and 

19 Procedural Provisions 

Sec. 

203101. Administration. 

203102. General provisions relating to administrative proceedings and judicial review. 

203103. Emergency powers. 

203104. Citizen suits. 

203105. Representation in litigation. 

20 § 203101. Administration 

21 (a) REGULATIONS; DELEGATION OF POWERS AND DUTIES; REGIONAL

22 OFFICERS AND EMPLOYEES.— 

23 (1) IN GENERAL.—The Administrator may prescribe such regula24 tions as are necessary to carry out the Administrator’s functions under 

25 this division. The Administrator may delegate to any officer or em26 ployee of EPA such of the Administrator’s powers and duties under 

27 this division, except the making of regulations subject to section 

28 203102(d) of this title, as the Administrator considers necessary or ex29 pedient. 

30 (2) PROCEDURES AND POLICIES FOR REGIONAL OFFICERS AND EM31 PLOYEES.— 

32 (A) IN GENERAL.—The Administrator shall promulgate regula33 tions establishing general applicable procedures and policies for re34 gional officers and employees (including a Regional Administrator) 

35 to follow in carrying out a delegation under paragraph (1), if any. 

36 (B) DESIGN.—The regulations shall be designed to— 


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1 (i) ensure fairness and uniformity in the criteria, proce2 dures, and policies applied by the various EPA regions in im3 plementing and enforcing this division; 

4 (ii) ensure at least an adequate quality audit of each 

5 State’s performance and adherence to the requirements of 

6 this division in implementing and enforcing This division, par7 ticularly in the review of new sources and in enforcement of 

8 this division; and 

9 (iii) provide a mechanism for identifying and standardizing 

10 inconsistent or varying criteria, procedures, and policies being 

11 employed by regional officers and employees in implementing 

12 and enforcing this division. 

13 (b) DETAIL OF EPA PERSONNEL TO AIR POLLUTION CONTROL AGEN14 CIES.—On the request of an air pollution control agency, EPA personnel 

15 may be detailed to the air pollution control agency for the purpose of car16 rying out this division. 

17 (c) PAYMENTS UNDER GRANTS; INSTALLMENTS; ADVANCES OR REIM18 BURSEMENTS.—Payments under grants made under this division may be 

19 made in installments, and in advance or by way of reimbursement, as may 

20 be determined by the Administrator. 

21 (d) TRIBAL AUTHORITY.— 

22 (1) IN GENERAL.—Subject to paragraph (2), the Administrator— 

23 (A) may treat Indian tribes as States under this division, except 

24 for purposes of the requirement that makes available for applica25 tion by each State not less than 0.5 percent of annual appropria26 tions under section 211105 of this title; and 

27 (B) may provide any Indian tribe grant and contract assistance 

28 to carry out functions provided by this division. 

29 (2) REGULATIONS.— 

30 (A) IN GENERAL.—The Administrator shall promulgate regula31 tions specifying the provisions of this division for which it is ap32 propriate to treat Indian tribes as States. 

33 (B) REQUIREMENTS.—The Administrator may treat an Indian 

34 tribe as a State only if— 

35 (i) the Indian tribe has a governing body carrying out sub36 stantial governmental duties and powers; 

37 (ii) the functions to be exercised by the Indian tribe pertain 

38 to the management and protection of air resources within the 

39 exterior boundaries of the reservation or other areas within 

40 the Indian tribe’s jurisdiction; and 


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1 (iii) the Indian tribe is reasonably expected to be capable, 

2 in the judgment of the Administrator, of carrying out the 

3 functions to be exercised in a manner consistent with the 

4 terms and purposes of this division (including all applicable 

5 regulations). 

6 (3) TRIBAL IMPLEMENTATION PLANS.—The Administrator may pro7 mulgate regulations that establish the elements of tribal implementa8 tion plans and procedures for approval or disapproval of tribal imple9 mentation plans and portions of tribal implementation plans. 

10 (4) TREATMENT.—In any case in which the Administrator deter11 mines that the treatment of Indian tribes as identical to States is inap12 propriate or administratively infeasible, the Administrator may provide, 

13 by regulation, other means by which the Administrator will directly ad14 minister the provisions specified under paragraph (2) so as to achieve 

15 the appropriate purpose. 

16 § 203102. General provisions relating to administrative pro17 ceedings and judicial review 

18 (a) ADMINISTRATIVE SUBPOENAS.— 

19 (1) IN GENERAL.—In connection with any determination under sec20 tion 211110(d) of this title, or for purposes of obtaining information 

21 under section 221111(d)(3) of this title, any investigation, monitoring, 

22 reporting requirement, entry, compliance inspection, or administrative 

23 enforcement proceeding under this division (including under section 

24 203103, 209101, 211113, 211114, 211119, 211128, 213109, 221105, 

25 221106, or 221108 of this title), the Administrator may— 

26 (A) issue subpoenas for the attendance and testimony of wit27 nesses and the production of relevant records; and 

28 (B) administer oaths. 

29 (2) TRADE SECRETS; SECRET PROCESSES.—Except for emission 

30 data, on a showing satisfactory to the Administrator by an owner or 

31 operator that records or information or any part thereof subpoenaed 

32 under paragraph (1), if made public, would divulge trade secrets or se33 cret processes of the owner or operator, the Administrator shall con34 sider the record or part of a record confidential in accordance with sec35 tion 1905 of title 18, except that the record may be disclosed— 

36 (A) to other officers, employees, or authorized representatives of 

37 the United States concerned with carrying out this division; or 

38 (B) when relevant in any proceeding under this division. 

39 (3) PAYMENT OF WITNESSES.—A witness summoned shall be paid 

40 the same fees and mileage that are paid witnesses in the courts of the 

41 United States. 


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1 (4) CONTUMACY; REFUSAL TO OBEY SUBPOENA.—In case of contu2 macy or refusal to obey a subpoena served on any person under this 

3 subsection— 

4 (A) the United States district court for any district in which the 

5 person is found or resides or transacts business, on application by 

6 the United States and after notice to the person, shall have juris7 diction to issue an order requiring the person to appear and give 

8 testimony before the Administrator, to appear and produce records 

9 before the Administrator, or both; and 

10 (B) any failure to obey such a court order may be punished by 

11 the court as a contempt of court. 

12 (b) JUDICIAL REVIEW.— 

13 (1) PLACE FOR REVIEW.— 

14 (A) DISTRICT OF COLUMBIA CIRCUIT.— 

15 (i) IN GENERAL.—A petition for review of an action of the 

16 Administrator described in clause (ii) may be filed only in the 

17 United States Court of Appeals for the District of Columbia 

18 Circuit. 

19 (ii) ACTION.—An action referred to in clause (i) is— 

20 (I) an action of the Administrator in promulgating 

21 any— 

22 (aa) primary or secondary NAAQS; 

23 (bb) emission standard or requirement under sec24 tion 211112 of this title; 

25 (cc) standard of performance or requirement 

26 under section 211111 of this title; 

27 (dd) standard under section 221102 of this title 

28 (other than a standard required to be prescribed 

29 under section 221102(b)(1) of this title); 

30 (ee) control or prohibition under section 221111 

31 of this title; 

32 (ff)) standard under section 223102 of this title; 

33 or 

34 (gg) regulation issued under section 211113 or 

35 211119 of this title; or 

36 (II) an action of the Administrator in promulgating 

37 any other nationally applicable regulation or taking any 

38 other nationally applicable final action under this divi39 sion. 

40 (B) OTHER CIRCUITS.— 


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1 (i) IN GENERAL.—A petition for review of an action of the 

2 Administrator described in clause (ii) may be filed only in the 

3 United States Court of Appeals for the appropriate circuit. 

4 (ii) ACTION.—An action referred to in clause (i) is— 

5 (I) an action of the Administrator in approving or pro6 mulgating any— 

7 (aa) implementation plan under section 211110 

8 or 211111(d) of this title; or 

9 (bb) order under section 211111(h), 211112, or 

10 211119 of this title; 

11 (II) an action of the Administrator revising regula12 tions for enhanced monitoring and compliance certifi13 cation programs under section 211114(a)(3) of this title; 

14 or 

15 (III) any other final action of the Administrator under 

16 this division (including any denial or disapproval by the 

17 Administrator under subdivision 2) that is locally or re18 gionally applicable. 

19 (iii) DETERMINATION OF NATIONWIDE SCOPE OR EF20 FECT.—Notwithstanding clauses (i) and (ii), a petition for re21 view of any action described in clause (ii) may be filed only 

22 in the United States Court of Appeals for the District of Co23 lumbia Circuit if— 

24 (I) the action is based on a determination of nation25 wide scope or effect; and 

26 (II) in taking the action, the Administrator finds and 

27 publishes that the action is based on such a determina28 tion. 

29 (2) TIME FOR FILING.—A petition for review under this subsection 

30 shall be filed within 60 days after the date notice of the promulgation, 

31 approval, or action appears in the Federal Register, except that if the 

32 petition is based solely on grounds arising after that 60th day, any pe33 tition for review under this subsection shall be filed within 60 days 

34 after those grounds arise. 

35 (3) EFFECT OF FILING OF PETITION FOR RECONSIDERATION.—The 

36 filing of a petition for reconsideration by the Administrator of any oth37 erwise final regulation or other action shall not— 

38 (A) affect the finality of the regulation or other action for pur39 poses of judicial review; 


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1 (B) extend the time within which a petition for judicial review 

2 of the regulation or other action under this section may be filed; 

3 or 

4 (C) postpone the effectiveness of the regulation or other action. 

5 (4) NO REVIEW IN ENFORCEMENT PROCEEDINGS.—Action of the Ad6 ministrator with respect to which review could have been obtained 

7 under paragraph (1) shall not be subject to judicial review in civil or 

8 criminal proceedings for enforcement. 

9 (5) DEFERRAL OF NONDISCRETIONARY ACTION.—Where a final deci10 sion by the Administrator defers performance of any nondiscretionary 

11 statutory action to a later time, any person may challenge the deferral 

12 pursuant to paragraph (1). 

13 (c) ADDITIONAL EVIDENCE.—In any judicial proceeding in which review 

14 is sought of a determination under this division required to be made on the 

15 record after notice and opportunity for hearing, if any party applies to the 

16 court for leave to adduce additional evidence, and shows to the satisfaction 

17 of the court that the additional evidence is material and that there were rea18 sonable grounds for the failure to adduce the evidence in the proceeding be19 fore the Administrator, the court may order the additional evidence (and 

20 evidence in rebuttal thereof) to be taken before the Administrator, in such 

21 manner and on such terms and conditions as the court considers proper. 

22 The Administrator may modify the Administrator’s findings as to the facts 

23 or make new findings by reason of the additional evidence so taken, and 

24 the Administrator shall file the modified or new findings, and the Adminis25 trator’s recommendation, if any, for the modification or setting aside of the 

26 Administrator’s original determination, with the return of the additional evi27 dence. 

28 (d) RULEMAKING.— 

29 (1) DEFINITIONS.—In this subsection: 

30 (A) COMMENT PERIOD.—The term ‘‘comment period’’ means 

31 the period for public comment specified in a notice of proposed 

32 rulemaking under paragraph (4)(A)(iii). 

33 (B) DOCKET.—The term ‘‘docket’’ means a rulemaking docket 

34 established under paragraph (3). 

35 (C) RULE.—The term ‘‘rule’’ means— 

36 (i) the promulgation or revision of any NAAQS under sec37 tion 211109 of this title; 

38 (ii) the promulgation or revision of an implementation plan 

39 by the Administrator under section 211110(c) of this title; 

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1 ard or limitation under section 211112(d) of this title, stand2 ard under section 211112(f) of this title, or regulation under 

3 subsection (l) or (m) of section 211112 of this title; 

4 (iv) the promulgation of any requirement for solid waste 

5 combustion under section 211128 of this title; 

6 (v) the promulgation or revision of any regulation per7 taining to any fuel or fuel additive under section 221111 of 

8 this title; 

9 (vi) the promulgation or revision of any aircraft emission 

10 standard under section 223102 of this title; 

11 (vii) the promulgation or revision of any regulation under 

12 subdivision 5; 

13 (viii) promulgation or revision of regulations under subdivi14 sion 7; 

15 (ix) promulgation or revision of regulations under chapter 

16 213; 

17 (x) promulgation or revision of regulations under section 

18 221102 of this title and test procedures for new motor vehi19 cles or engines under section 221106 of this title, and the re20 vision of a standard under section 221102(a)(3) of this title; 

21 (xi) promulgation or revision of regulations for noncompli22 ance penalties under section 211119 of this title; 

23 (xii) promulgation or revision of any regulations promul24 gated under section 221107 of this title; 

25 (xiii) action of the Administrator under section 211125 of 

26 this title; 

27 (xiv) the promulgation or revision of any regulation per28 taining to consumer and commercial products under section 

29 215204(e) of this title; 

30 (xv) the promulgation or revision of any regulation per31 taining to field citations under section 211113(e)(3) of this 

32 title; 

33 (xvi) the promulgation or revision of any regulation per34 taining to urban buses or the clean-fuel vehicle, clean-fuel 

35 fleet, and clean fuel programs under chapter 225; 

36 (xvii) the promulgation or revision of any regulation per37 taining to nonroad engines or nonroad vehicles under section 

38 221113 of this title; 

39 (xviii) the promulgation or revision of any regulation relat40 ing to motor vehicle compliance program fees under section 

41 221115 of this title; 


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1 (xix) the promulgation or revision of any regulation under 

2 section 215204(f) of this title pertaining to marine vessels; 

3 and 

4 (xx) such other actions as the Administrator may deter5 mine. 

6 (2) INAPPLICABILITY OF CERTAIN PROVISIONS IN TITLE 5.—Sections 

7 553 to 557 and section 706 of title 5 shall not, except as expressly pro8 vided in this subsection, apply to a rule. This subsection shall not apply 

9 in the case of any rule or circumstance described in the provision des10 ignated (A) or (B) of section 553(b) of title 5. 

11 (3) RULEMAKING DOCKET.—Not later than the date of proposal of 

12 any rule, the Administrator shall establish a rulemaking docket for the 

13 rule. Whenever a rule applies only within a particular State, a 2d (iden14 tical) docket shall be simultaneously established in the appropriate 

15 EPA regional office. 

16 (4) NOTICE OF PROPOSED RULEMAKING.— 

17 (A) IN GENERAL.—In the case of any rule, notice of proposed 

18 rulemaking— 

19 (i) shall be published in the Federal Register, as provided 

20 under section 553(b) of title 5; 

21 (ii) shall be accompanied by a statement of its basis and 

22 purpose; 

23 (iii) shall specify the period for public comment; and 

24 (iv) shall state the docket number, the location or locations 

25 of the docket, and the times that the docket will be open to 

26 public inspection. 

27 (B) STATEMENT OF BASIS AND PURPOSE.—A statement of basis 

28 and purpose under subparagraph (A)(ii)— 

29 (i) shall include a summary of— 

30 (I) the factual data on which the proposed rule is 

31 based; 

32 (II) the methodology used in obtaining the data and 

33 in analyzing the data; and 

34 (III) the major legal interpretations and policy consid35 erations underlying the proposed rule; and 

36 (ii) shall— 

37 (I) set forth or summarize and provide a reference to 

38 any pertinent findings, recommendations, and comments 

39 by the Scientific Review Committee established under 

40 section 211109(d) of this title and the National Academy 

41 of Sciences; and 


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1 (II) if the proposal differs in any important respect 

2 from any of these recommendations, include an expla3 nation of the reasons for the differences. 

4 (C) INCLUSION IN DOCKET.—All data, information, and docu5 ments described in this paragraph on which the proposed rule re6 lies shall be included in the docket on the date of publication of 

7 the proposed rule. 

8 (5) PUBLIC AVAILABILITY OF DOCKET.—The docket shall be open 

9 for inspection by the public at reasonable times specified in the notice 

10 of proposed rulemaking. Any person may copy documents contained in 

11 the docket. The Administrator shall provide copying facilities that may 

12 be used at the expense of the person seeking copies, but the Adminis13 trator may waive or reduce such expenses in such instances as the pub14 lic interest requires. Any person may request copies by mail if the per15 son pays the expenses, including personnel costs to do the copying. 

16 (6) INCLUSION IN DOCKET.— 

17 (A) COMMENTS AND DOCUMENTARY INFORMATION RECEIVED.— 

18 Promptly on receipt by EPA, all written comments and documen19 tary information on the proposed rule received from any person for 

20 inclusion in the docket during the comment period shall be placed 

21 in the docket. 

22 (B) TRANSCRIPT.—The transcript of public hearings, if any, on 

23 the proposed rule shall be included in the docket promptly on re24 ceipt from the person who transcribed the hearings. 

25 (C) DOCUMENTS OF CENTRAL RELEVANCE.—All documents 

26 that become available after the proposed rule has been published 

27 and that the Administrator determines are of central relevance to 

28 the rulemaking shall be placed in the docket as soon as possible 

29 after their availability. 

30 (D) DRAFTS OF PROPOSED AND FINAL RULES UNDER THIS

31 SUBSECTION AND RELATED DOCUMENTS AND COMMENTS.—The 

32 drafts of a proposed rule submitted by the Administrator to the 

33 Office of Management and Budget for any interagency review 

34 process prior to proposal of any rule, all documents accompanying 

35 the drafts, all written comments thereon by other agencies, and all 

36 written responses to such written comments by the Administrator 

37 shall be placed in the docket not later than the date of proposal 

38 of the rule. The drafts of the final rule submitted for such review 

39 process prior to promulgation and all such written comments 

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1 sponses thereto shall be placed in the docket not later than the 

2 date of promulgation. 

3 (7) PROCEEDINGS.—In promulgating a rule— 

4 (A) the Administrator shall allow any person to submit written 

5 comments, data, or documentary information; 

6 (B) the Administrator shall give interested persons an oppor7 tunity to make written submissions and oral presentations of data, 

8 views, or arguments; 

9 (C) a transcript shall be kept of any oral presentation; and 

10 (D) the Administrator shall keep the record of the proceeding 

11 open for 30 days after completion of the proceeding to provide an 

12 opportunity for submission of rebuttal and supplementary informa13 tion. 

14 (8) PROMULGATED RULES UNDER THIS SUBSECTION.— 

15 (A) ITEMS TO ACCOMPANY PROMULGATED RULE.—A promul16 gated rule shall be accompanied by— 

17 (i) a statement of basis and purpose like that described in 

18 paragraph (4)(B) with respect to a proposed rule; 

19 (ii) an explanation of the reasons for any major changes in 

20 the promulgated rule from the proposed rule; and 

21 (iii) a response to each of the significant comments, criti22 cisms, and new data submitted in written or oral presen23 tations during the comment period. 

24 (B) BASIS.—A promulgated rule may not be based (in part or 

25 whole) on any information or data that have not been placed in 

26 the docket as of the date of promulgation. 

27 (9) JUDICIAL REVIEW.— 

28 (A) RECORD.—The record for judicial review shall consist exclu29 sively of the material described in subparagraphs (A) and (B) of 

30 paragraph (4), subparagraphs (A), (B), and (C) of paragraph (6), 

31 and paragraph (8)(A). 

32 (B) OBJECTIONS.— 

33 (i) IN GENERAL.—Only an objection to a rule or a proce34 dure that was raised with reasonable specificity during the 

35 comment period (including any public hearing) may be raised 

36 during judicial review. 

37 (ii) IMPRACTICALITY OF RAISING OBJECTION; GROUNDS

38 ARISING AFTER COMMENT PERIOD.—If the person raising an 

39 objection demonstrates to the Administrator that it was im40 practicable to raise an objection within the comment period 

41 or if the grounds for an objection arose after the comment 


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1 period (but within the time specified for judicial review), and 

2 if the objection is of central relevance to the outcome of the 

3 rule, the Administrator shall convene a proceeding for recon4 sideration of the rule and provide the same procedural rights 

5 as would have been afforded had the information been avail6 able at the time at which the rule was proposed. If the Ad7 ministrator refuses to convene such a proceeding, the person 

8 may seek review of the refusal in the United States court of 

9 appeals for the appropriate circuit (as provided in subsection 

10 (b)). Reconsideration shall not stay the effectiveness of the 

11 rule, but the Administrator or the court may stay the effec12 tiveness of the rule during reconsideration for not more than 

13 3 months. 

14 (10) PROCEDURAL DETERMINATIONS.— 

15 (A) SOLE FORUM.—The sole forum for challenging procedural 

16 determinations made by the Administrator under this subsection 

17 shall be in the United States court of appeals for the appropriate 

18 circuit (as provided in subsection (b)) at the time of the sub19 stantive review of the rule. 

20 (B) NO INTERLOCUTORY APPEAL.—No interlocutory appeal 

21 shall be permitted with respect to a procedural determination 

22 made by the Administrator under this subsection. 

23 (C) INVALIDATION OF RULE.—In reviewing alleged procedural 

24 errors, the court may invalidate a rule only if the errors were so 

25 serious and related to matters of such central relevance to the rule 

26 that there is a substantial likelihood that the rule would have been 

27 significantly changed if the errors had not been made. 

28 (11) REVERSAL.—A court may reverse any action found to be— 

29 (A) arbitrary, capricious, an abuse of discretion, or otherwise 

30 not in accordance with law; 

31 (B) contrary to constitutional right, power, privilege, or immu32 nity; 

33 (C) in excess of statutory jurisdiction, authority, or limitations, 

34 or short of statutory right; or 

35 (D) without observance of procedure required by law, if— 

36 (i) the failure to observe the procedure is arbitrary or ca37 pricious; 

38 (ii) the requirement of paragraph (9)(B) has been met; and 

39 (iii) the condition of paragraph (10)(C) is met. 

40 (12) STATUTORY DEADLINES.—A statutory deadline for promulga41 tion of a rule that requires promulgation less than 6 months after the 


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1 date of proposal may be extended to not more than 6 months after the 

2 date of proposal by the Administrator on a determination that the ex3 tension is necessary to afford the public and EPA adequate opportunity 

4 to carry out the purposes of this subsection. 

5 (e) NO OTHER JUDICIAL REVIEW.—Nothing in this division shall be con6 strued to authorize judicial review of regulations or orders of the Adminis7 trator under this division, except as provided in this section. 

8 (f) COSTS.—In any judicial proceeding under this section, the court may 

9 award costs of litigation (including reasonable attorney’s fees and expert 

10 witness’s fees) whenever the court determines that such an award is appro11 priate. 

12 (g) STAY, INJUNCTION, OR SIMILAR RELIEF IN PROCEEDINGS RELATING

13 TO NONCOMPLIANCE PENALTIES.—In any civil action respecting the pro14 mulgation of regulations under, or the administration or enforcement of, 

15 section 211119 of this title, the court shall not grant any stay, injunctive 

16 relief, or similar relief before final judgment by the court. 

17 (h) PUBLIC PARTICIPATION.—It is the intent of Congress that, consistent 

18 with the policy of subchapter II of chapter 5 of title 5, the Administrator 

19 in promulgating any regulation under this division, including a regulation 

20 subject to a deadline, shall ensure that there is a reasonable period for pub21 lic participation of at least 30 days, except as otherwise expressly provided 

22 in sections 211107(d), 215102(a), 215202, and 215302 of this title. 

23 § 203103. Emergency powers 

24 (a) CIVIL ACTION.—Notwithstanding any other provision of this division, 

25 the Administrator, on receipt of evidence that a pollution source or combina26 tion of sources (including moving sources) is presenting an imminent and 

27 substantial endangerment to public health or welfare, or the environment, 

28 may bring a civil action on behalf of the United States in the appropriate 

29 United States district court to immediately restrain any person causing or 

30 contributing to the alleged pollution to stop the emission of air pollutants 

31 causing or contributing to the pollution or to take such other action as may 

32 be necessary. 

33 (b) ISSUANCE OF ORDERS BY THE ADMINISTRATOR.—If it is not prac34 ticable to ensure prompt protection of public health or welfare or the envi35 ronment by commencement of a civil action under subsection (a), the Ad36 ministrator may issue such orders as may be necessary to protect public 

37 health or welfare or the environment. 

38 (c) CONSULTATION.—Prior to taking any action under this section, the 

39 Administrator shall consult with appropriate State and local authorities and 

40 attempt to confirm the accuracy of the information on which the action pro41 posed to be taken is based. 


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1 (d) EFFECTIVENESS.—Any order issued by the Administrator under this 

2 section shall be effective on issuance and shall remain in effect for a period 

3 of not more than 60 days, unless the Administrator brings a civil action 

4 pursuant to subsection (a) before the expiration of that period. Whenever 

5 the Administrator brings such a civil action within the 60-day period, the 

6 order shall remain in effect for an additional 14 days or for such longer 

7 period as may be authorized by the court in which the civil action is 

8 brought. 

9 § 203104. Citizen suits 

10 (a) DEFINITION OF EMISSION STANDARD OR LIMITATION UNDER THIS

11 DIVISION.—In this section, the term ‘‘emission standard or limitation under 

12 this division’’ means— 

13 (1) a schedule or timetable of compliance, emission limitation, stand14 ard of performance, or emission standard; 

15 (2) a control or prohibition respecting a motor vehicle fuel or fuel 

16 additive; 

17 (3)(A) any condition or requirement of a permit under chapter 213 

18 or 215; 

19 (B) any condition or requirement under an applicable implementa20 tion plan relating to transportation control measures, air quality main21 tenance plans, vehicle inspection and maintenance programs or vapor 

22 recovery requirements; 

23 (C) any regulation under subsection (e) or act described in sub24 section (f) of section 221111 of this title; 

25 (D) any regulation under subsection (b) or (c) of section 213201 of 

26 this title; 

27 (E) subdivision 7; or 

28 (F) any requirement under section 211111 or 211112 of this title 

29 (without regard to whether the requirement is expressed as an emission 

30 standard); or 

31 (4) any other standard, limitation, or schedule established under any 

32 permit issued pursuant to subdivision 6 or under any applicable State 

33 implementation plan approved by the Administrator, any permit term 

34 or condition, and any requirement to obtain a permit as a condition 

35 of operations; 

36 that is in effect under this division (including a requirement applicable by 

37 reason of section 211118 of this title) or under an applicable implementa38 tion plan. 

39 (b) IN GENERAL.— 

40 (1) VIOLATION OF EMISSION STANDARD OR LIMITATION OR OF

41 ORDER.— 


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1 (A) DEFINITION OF PERSON.—In this paragraph, the term 

2 ‘‘person’’ includes— 

3 (i) the United States; and 

4 (ii) any other governmental instrumentality or agency to 

5 the extent permitted by the Eleventh Amendment to the Con6 stitution. 

7 (B) CIVIL ACTION.—Except as provided in subsection (c), any 

8 person may commence a civil action on the person’s own behalf 

9 against any person that is alleged to have violated (if there is evi10 dence that the alleged violation has been repeated) or to be in vio11 lation of— 

12 (i) an emission standard or limitation under this division; 

13 or 

14 (ii) an order issued by the Administrator or a State with 

15 respect to an emission standard or limitation under this divi16 sion. 

17 (2) FAILURE OF ADMINISTRATOR TO PERFORM NONDISCRETIONARY

18 ACT OR DUTY.—Except as provided in subsection (c), any person may 

19 commence a civil action on the person’s own behalf against the Admin20 istrator where there is alleged a failure of the Administrator to perform 

21 any act or duty under this division that is not discretionary with the 

22 Administrator. 

23 (3) CONSTRUCTION WITHOUT PERMIT; VIOLATION OF PERMIT.—Ex24 cept as provided in subsection (c), any person may commence a civil 

25 action on the person’s own behalf against any person that— 

26 (A) proposes to construct or constructs any new or modified 

27 major emitting facility without a permit required under chapter 

28 213 or 215; or 

29 (B) is alleged to have violated (if there is evidence that the al30 leged violation has been repeated) or to be in violation of any con31 dition of such a permit. 

32 (4) JURISDICTION TO ENFORCE EMISSION STANDARD, EMISSION LIM33 ITATION, OR ORDER.— 

34 (A) IN GENERAL.—A United States district court shall have ju35 risdiction, without regard to the amount in controversy or the citi36 zenship of the parties, to— 

37 (i) enforce an emission standard or emission limitation or 

38 an order described in paragraph (1)(B)(ii), or to order the 

39 Administrator to perform an act or duty described in para40 graph (2), as the case may be; and 


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1 (ii) to apply any appropriate civil penalties (except in a civil 

2 action under paragraph (2)). 

3 (B) PENALTY ASSESSMENT CRITERIA.— 

4 (i) FACTORS.—In determining the amount of any civil pen5 alty to be assessed under this subsection, the court shall take 

6 into consideration (in addition to such other factors as justice 

7 may require)— 

8 (I) the size of the business; 

9 (II) the economic impact of the civil penalty on the 

10 business; 

11 (III) the violator’s full compliance history and good 

12 faith efforts to comply; 

13 (IV) the duration of the violation as established by any 

14 credible evidence (including evidence other than the ap15 plicable test method); 

16 (V) payment by the violator of penalties previously as17 sessed for the same violation; 

18 (VI) the economic benefit of noncompliance; and 

19 (VII) the seriousness of the violation. 

20 (ii) CIVIL PENALTY FOR EACH DAY OF VIOLATION.—A civil 

21 penalty may be assessed for each day of violation. For pur22 poses of determining the number of days of violation for 

23 which a civil penalty may be assessed under this subsection, 

24 where the Administrator or an air pollution control agency 

25 has notified the source of the violation, and the plaintiff 

26 makes a prima facie showing that the conduct or events giv27 ing rise to the violation are likely to have continued or re28 curred past the date of notice, the days of violation shall be 

29 presumed to include the date of the notice and each day 

30 thereafter until the violator establishes that continuous com31 pliance has been achieved, except to the extent that the viola32 tor can prove by a preponderance of the evidence that there 

33 were intervening days during which no violation occurred or 

34 that the violation was not continuing in nature. 

35 (5) COMPULSION OF AGENCY ACTION.—A United States district 

36 court shall have jurisdiction to compel (consistent with paragraph (2)) 

37 agency action unreasonably delayed, except that a civil action to compel 

38 agency action under section 203102(b) of this title that is unreasonably 

39 delayed may be filed only in a United States district court within the 

40 circuit in which the civil action would be reviewable under section 

41 203102(b) of this title. In any such civil action for unreasonable delay, 


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1 notice to the entities described in subsection (c)(1)(A)(i) shall be pro2 vided 180 days before commencing the civil action. 

3 (c) NOTICE.— 

4 (1) IN GENERAL.—Except as provided in paragraph (2), no civil ac5 tion may be commenced— 

6 (A) under subsection (b)(1)(B)— 

7 (i) prior to 60 days after the plaintiff has given notice of 

8 the violation to— 

9 (I) the Administrator; 

10 (II) the State in which the violation occurs; and 

11 (III) any alleged violator of the emission standard or 

12 limitation or order; or 

13 (ii) if the Administrator or State has commenced and is 

14 diligently prosecuting a civil action in a court of the United 

15 States or a State to require compliance with the emission 

16 standard or limitation or order (but in any such civil action 

17 in a court of the United States any person may intervene as 

18 a matter of right); or 

19 (B) under subsection (b)(2) prior to 60 days after the plaintiff 

20 has given notice of the civil action to the Administrator. 

21 (2) EXCEPTION.—A civil action under this section respecting a viola22 tion of subsection (f)(4) or (i)(3)(A) of section 211112 of this title or 

23 an order issued by the Administrator pursuant to section 211113(b) of 

24 this title may be brought immediately after notification to the Adminis25 trator. 

26 (3) MANNER OF NOTICE.—Notice under this subsection shall be 

27 given in such manner as the Administrator shall prescribe by regula28 tion. 

29 (d) PLACE FOR BRINGING CIVIL ACTION; INTERVENTION BY ADMINIS30 TRATOR; SERVICE OF COMPLAINT; CONSENT JUDGMENT.— 

31 (1) PLACE FOR BRINGING CIVIL ACTION.—Any civil action respecting 

32 a violation by a stationary source of an emission standard or limitation 

33 or an order respecting an emission standard or limitation may be 

34 brought only in the judicial district in which the stationary source is 

35 located. 

36 (2) INTERVENTION BY ADMINISTRATOR.—In any civil action under 

37 this section, the Administrator, if not a party, may intervene as a mat38 ter of right at any time in the proceeding. A judgment in a civil action 

39 under this section to which the United States is not a party shall not 

40 have any binding effect on the United States. 


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1 (3) SERVICE OF COMPLAINT.—Whenever any civil action is brought 

2 under this section, the plaintiff shall serve a copy of the complaint on 

3 the Attorney General of the United States and on the Administrator. 

4 (4) CONSENT JUDGMENT.—No consent judgment shall be entered in 

5 an action brought under this section in which the United States is not 

6 a party prior to 45 days following the receipt of a copy of the proposed 

7 consent judgment by the Attorney General and the Administrator, dur8 ing which 45-day period the Government may submit its comments on 

9 the proposed consent judgment to the court and parties or may inter10 vene as a matter of right. 

11 (e) AWARD OF COSTS; SECURITY.—In issuing any final order in any ac12 tion brought pursuant to subsection (b), a court may award costs of litiga13 tion (including reasonable attorney’s fees and expert witness’s fees) to any 

14 party, whenever the court determines that such an award is appropriate. 

15 The court may, if a temporary restraining order or preliminary injunction 

16 is sought, require the filing of a bond or equivalent security in accordance 

17 with the Federal Rules of Civil Procedure (28 U.S.C. App.). 

18 (f) NONRESTRICTION OF OTHER RIGHTS.— 

19 (1) PERSONS IN GENERAL.—Nothing in this section restricts any 

20 right that any person (or class of persons) may have under any statute 

21 or common law to seek enforcement of any emission standard or limita22 tion or to seek any other relief (including relief against the Adminis23 trator or a State agency). 

24 (2) STATE, LOCAL, AND INTERSTATE AUTHORITIES.—Nothing in this 

25 section or in any other law of the United States prohibits, excludes, 

26 or restricts any State, local, or interstate authority from— 

27 (A) bringing any enforcement action or obtaining any judicial 

28 remedy or sanction in any State or local court; or 

29 (B) bringing any administrative enforcement action or obtaining 

30 any administrative remedy or sanction in any State or local ad31 ministrative agency, department, or instrumentality; 

32 against the United States, any department, agency, or instrumentality 

33 thereof, or any officer, agent, or employee thereof under State or local 

34 law respecting control and abatement of air pollution. 

35 (3) OTHER PROVISIONS.—For provisions requiring compliance by the 

36 United States, departments, agencies, instrumentalities, officers, 

37 agents, and employees in the same manner as nongovernmental enti38 ties, see section 211118 of this title. 

39 (g) PENALTY FUND.— 

40 (1) IN GENERAL.— 


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1 (A) DEPOSIT.—Penalties received under subsection (b) shall be 

2 deposited in a special fund in the Treasury for licensing and other 

3 services. 

4 (B) USE.—Amounts in the fund are authorized to be appro5 priated and shall remain available until expended for use by the 

6 Administrator to finance air compliance and enforcement activi7 ties. 

8 (2) USE OF PENALTIES IN BENEFICIAL MITIGATION PROJECTS.— 

9 (A) IN GENERAL.—Notwithstanding paragraph (1), the court in 

10 any action under this section to apply civil penalties shall have dis11 cretion to order that the civil penalties, in lieu of being deposited 

12 in the fund described in paragraph (1), be used in beneficial miti13 gation projects that are consistent with this division and enhance 

14 public health or the environment. 

15 (B) VIEW OF THE ADMINISTRATOR.—The court shall obtain the 

16 view of the Administrator in exercising such discretion and select17 ing any such projects. 

18 (C) AMOUNT.—The amount of any such payment in any such 

19 action shall not exceed $100,000. 

20 § 203105. Representation in litigation 

21 (a) ATTORNEY GENERAL; ATTORNEYS APPOINTED BY ADMINIS22 TRATOR.—The Administrator shall request the Attorney General to appear 

23 and represent the Administrator in any civil action instituted under this di24 vision to which the Administrator is a party. Unless the Attorney General 

25 notifies the Administrator that the Attorney General will appear in the civil 

26 action within a reasonable time, attorneys appointed by the Administrator 

27 shall appear and represent the Administrator. 

28 (b) MEMORANDUM OF UNDERSTANDING REGARDING LEGAL REPRESEN29 TATION.—If the Attorney General agrees to appear and represent the Ad30 ministrator in any civil action, the representation shall be conducted in ac31 cordance with, and shall include participation by attorneys appointed by the 

32 Administrator to the extent authorized by, the memorandum of under33 standing between the Department of Justice and the EPA dated June 13, 

34 1977, respecting representation of EPA by the Department of Justice in 

35 civil litigation. 

36 Chapters 205 through 207—Reserved 

37 Chapter 209—Miscellaneous 

Sec. 

209101. Federal procurement. 

209102. Mandatory patent licensing. 

209103. Policy review. 

209104. Other authority and responsibilities. 

209105. Records and audit. 

209106. Labor standards. 


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209107. Sewage treatment grants. 

209108. Economic impact assessment. 

209109. Air quality monitoring. 

209110. Air quality modeling. 

209111. Employment effects. 

209112. Employee protection. 

209113. Cost of vapor recovery equipment. 

209114. Vapor recovery for independent small business marketers of gasoline. 

209115. Exemptions for certain territories. 

209116. Air pollution from Outer Continental Shelf activities. 

209117. Demonstration grant program for local governments. 

1 § 209101. Federal procurement 

2 (a) PROHIBITION OF CONTRACTS WITH VIOLATORS.— 

3 (1) IN GENERAL.—No Federal agency may enter into any contract 

4 with any person that is convicted of any offense under section 

5 211113(d) of this title for the procurement of goods, materials, and 

6 services to perform the contract at any facility at which the violation 

7 that gave rise to the conviction occurred if the facility is owned, leased, 

8 or supervised by that person. 

9 (2) TIME PERIOD.—The prohibition under paragraph (1) shall con10 tinue until the Administrator certifies that the condition giving rise to 

11 the conviction has been corrected. 

12 (3) INCLUSION OF SUBSTANTIVE VIOLATION.—In the case of a con13 viction arising under paragraph (2) of section 211113(d) of this title, 

14 the condition giving rise to the conviction also shall be considered to 

15 include any substantive violation of this division associated with the 

16 violation of that paragraph. 

17 (4) OTHER FACILITIES.—The Administrator may extend the prohibi18 tion under paragraph (1) to other facilities owned or operated by the 

19 convicted person. 

20 (b) NOTIFICATION PROCEDURES.—The Administrator shall establish pro21 cedures to provide all Federal agencies with the notification necessary for 

22 the purposes of subsection (a). 

23 (c) FEDERAL AGENCY CONTRACTS.—To implement the purposes and pol24 icy of this division to protect and enhance the quality of the Nation’s air, 

25 the President shall cause to be issued an order that— 

26 (1) requires each Federal agency authorized to enter into contracts 

27 and each Federal agency that is empowered to extend Federal assist28 ance by way of grant, loan, or contract to effectuate the purpose and 

29 policy of this division in such contracting or assistance activities; and 

30 (2) sets forth procedures, sanctions, penalties, and such other provi31 sions as the President determines to be necessary to carry out that re32 quirement. 

33 (d) EXEMPTIONS.—The President— 


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1 (1) may exempt any contract, loan, or grant from all or part of this 

2 section where the President determines that an exemption is necessary 

3 in the paramount interest of the United States; and 

4 (2) shall notify Congress of the exemption. 

5 § 209102. Mandatory patent licensing 

6 (a) IN GENERAL.—Whenever the Attorney General determines, on appli7 cation of the Administrator— 

8 (1) that— 

9 (A) in the implementation of requirement of section 211111, 

10 211112, or 221102 of this title, a right under any United States 

11 letters patent that is being used or intended for public or commer12 cial use and that is not otherwise reasonably available is necessary 

13 to enable any person required to comply with the requirement to 

14 comply with the requirement; and 

15 (B) there are no reasonable alternative methods to accomplish 

16 that purpose; and 

17 (2) that the unavailability of that right may result in a substantial 

18 lessening of competition or tendency to create a monopoly in any line 

19 of commerce in any section of the country; 

20 the Attorney General may so certify to a United States district court, which 

21 may issue an order requiring the person that owns the patent to license it 

22 on such reasonable terms and conditions as the court, after hearing, may 

23 determine. 

24 (b) WHERE CERTIFICATION MAY BE MADE.—Certification under sub25 section (a) may be made to the United States district court for the district 

26 in which the person owning the patent resides, does business, or is found. 

27 § 209103. Policy review 

28 (a) ENVIRONMENTAL IMPACT.—The Administrator shall review and com29 ment in writing on the environmental impact of any matter relating to du30 ties and responsibilities granted pursuant to this division or other provisions 

31 of the authority of the Administrator, contained in any— 

32 (1) legislation proposed by any Federal department or agency; 

33 (2) newly authorized Federal projects for construction and any major 

34 Federal agency action (other than a project for construction) to which 

35 section 105202(a)(2)(C) of this title applies; and 

36 (3) proposed regulations published by any department or agency of 

37 the Federal Government. 

38 (b) WRITTEN COMMENT.—Written comment under subsection (a) shall be 

39 made public at the conclusion of any review under subsection (a). 

40 (c) UNSATISFACTORY LEGISLATION, ACTION, OR REGULATION.—If the 

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1 scribed in subsection (a) is unsatisfactory from the standpoint of public 

2 health or welfare or environmental quality— 

3 (1) the Administrator shall publish the determination; and 

4 (2) the matter shall be referred to the Council on Environmental 

5 Quality. 

6 § 209104. Other authority and responsibilities 

7 (a) IN GENERAL.—Except as provided in subsection (b), this division 

8 shall not be construed as superseding or limiting the authorities and respon9 sibilities, under any other provision of law, of the Administrator or any 

10 other Federal officer, department, or agency. 

11 (b) NONDUPLICATION OF APPROPRIATIONS.—No appropriation shall be 

12 authorized or made under section 301, 311, or 314 of the Public Health 

13 Service Act (42 U.S.C. 241, 243, 246) for any purpose for which appropria14 tions may be made under this division. 

15 § 209105. Records and audit 

16 (a) RECIPIENTS OF ASSISTANCE TO KEEP PRESCRIBED RECORDS.—A 

17 recipient of assistance under this division shall keep such records as the Ad18 ministrator shall prescribe, including— 

19 (1) records that fully disclose— 

20 (A) the amount and disposition by the recipient of the proceeds 

21 of the assistance; 

22 (B) the total cost of the project or undertaking in connection 

23 with which the assistance is given or used; and 

24 (C) the amount of the portion of the cost of the project or un25 dertaking that is supplied by other sources; and 

26 (2) such other records as will facilitate an effective audit. 

27 (b) AUDITS.—The Administrator and the Comptroller General of the 

28 United States, or any of their duly authorized representatives, shall have 

29 access for the purpose of audit and examinations to any records of a recipi30 ent of assistance under this division that are pertinent to the assistance re31 ceived under this division. 

32 § 209106. Labor standards 

33 (a) IN GENERAL.—The Administrator shall take such action as may be 

34 necessary to ensure that all laborers and mechanics employed by contractors 

35 or subcontractors on projects assisted under this division are paid wages at 

36 rates not less than those prevailing for the same type of work on similar 

37 construction in the locality as determined by the Secretary of Labor, in ac38 cordance with sections 3141 to 3144, 3146, and 3147 of title 40. 

39 (b) AUTHORITY OF THE SECRETARY OF LABOR.—The Secretary of Labor 

40 shall have, with respect to the labor standards specified in this subsection 


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1 (a), the authority and functions set forth in Reorganization Plan No. 14 

2 of 1950 (5 U.S.C. App.) and section 3145 of title 40. 

3 § 209107. Sewage treatment grants 

4 (a) CONSTRUCTION.—No grant that the Administrator is authorized to 

5 make to any applicant for construction of sewage treatment works in any 

6 area in any State may be withheld, conditioned, or restricted by the Admin7 istrator on the basis of any requirement of this division except as provided 

8 in subsection (b). 

9 (b) WITHHOLDING, CONDITIONING, OR RESTRICTING OF GRANTS.— 

10 (1) IN GENERAL.—The Administrator may withhold, condition, or 

11 restrict the making of any grant described in subsection (a) only if the 

12 Administrator determines that— 

13 (A) the treatment works will not comply with applicable stand14 ards under section 211111 or 211112 of this title; 

15 (B) the State does not have in effect, or is not carrying out, 

16 a State implementation plan approved by the Administrator that 

17 expressly quantifies and provides for the increase in emissions of 

18 each air pollutant from stationary and mobile sources in any area 

19 to which chapter 213 or 215 applies for that pollutant, which in20 crease may reasonably be anticipated to result directly or indi21 rectly from the new sewage treatment capacity that would be cre22 ated by the construction; 

23 (C) the construction of the treatment works would create new 

24 sewage treatment capacity that— 

25 (i) may reasonably be anticipated to cause or contribute, 

26 directly or indirectly, to an increase in emissions of any air 

27 pollutant in excess of the increase provided for under the pro28 visions described in subparagraph (B) for any such area; or 

29 (ii) would otherwise not be in conformity with the applica30 ble implementation plan; or 

31 (D) the increase in emissions would interfere with, or be incon32 sistent with, the applicable implementation plan for any other 

33 State. 

34 (2) INCREASE IN EMISSIONS OF AIR POLLUTANT FROM STATIONARY

35 AND MOBILE SOURCES IN AN AREA TO WHICH CHAPTER 215 APPLIES.— 

36 In the case of construction of a treatment works that would result, di37 rectly or indirectly, in an increase in emissions of any air pollutant 

38 from stationary and mobile sources in an area to which chapter 215 

39 applies, the quantification of emissions described in paragraph (1)(B) 

40 shall include the emissions of any such pollutant resulting directly or 


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1 indirectly from areawide and nonmajor stationary source growth (mo2 bile and stationary) for each such area. 

3 (c) CHAPTER 105.—Nothing in this section shall be construed to— 

4 (1) amend or alter any provision of chapter 105; or 

5 (2) affect any determination as to whether or not the requirements 

6 of that chapter have been met in the case of the construction of any 

7 sewage treatment works. 

8 § 209108. Economic impact assessment 

9 (a) ACTIONS TO WHICH THIS SECTION APPLIES.— 

10 (1) IN GENERAL.—This section applies to action of the Adminis11 trator in promulgating or revising (subject to paragraph (2))— 

12 (A) any new source standard of performance under section 

13 211111 of this title; 

14 (B) any regulation under section 211111(d) of this title; 

15 (C) any regulation under subdivision 7; 

16 (D) any regulation under chapter 213; 

17 (E) any regulation establishing emission standards under sec18 tion 221102 of this title and any other regulation promulgated 

19 under that section; 

20 (F) any regulation controlling or prohibiting any fuel or fuel ad21 ditive under section 221111(d) of this title; and 

22 (G) any aircraft emission standard under section 223102 of this 

23 title. 

24 (2) LIMITATION.—Nothing in this section shall apply to any stand25 ard or regulation described in paragraph (1) unless the notice of pro26 posed rulemaking in connection with the standard or regulation is pub27 lished in the Federal Register. In the case of a revision of such a 

28 standard or regulation, this section shall apply only to a revision that 

29 the Administrator determines to be a substantial revision. 

30 (b) PREPARATION OF ASSESSMENT BY ADMINISTRATOR.— 

31 (1) IN GENERAL.—Before publication of notice of proposed rule32 making with respect to any standard or regulation to which this section 

33 applies, the Administrator shall prepare an economic impact assess34 ment respecting the standard or regulation. 

35 (2) INCLUSION IN DOCKET.—An economic impact assessment under 

36 paragraph (1) shall be included in the docket required under section 

37 203102(d)(3) of this title and shall be available to the public as pro38 vided in section 203102(d)(5) of this title. The notice of proposed rule39 making shall include notice of such availability and an explanation of 

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1 ered the analysis contained in the economic impact assessment in pro2 posing the action. 

3 (3) EXPLANATION.—The Administrator shall provide an explanation 

4 described in paragraph (2) in the Administrator’s notice of promulga5 tion of any regulation or standard described in subsection (a). Each 

6 such explanation shall be part of the statements of basis and purpose 

7 required under paragraphs (4) and (8) of section 203102(d) of this 

8 title. 

9 (c) ANALYSIS.— 

10 (1) IN GENERAL.—Subject to subsection (d), the economic impact 

11 assessment required under this section with respect to any standard or 

12 regulation shall contain an analysis of— 

13 (A) the costs of compliance, including the extent to which the 

14 costs of compliance will vary depending on— 

15 (i) the effective date; and 

16 (ii) the development of less expensive, more efficient means 

17 or methods of compliance; 

18 (B) the potential inflationary or recessionary effects; 

19 (C) the effects on competition with respect to small business; 

20 (D) the effects on consumer costs; and 

21 (E) the effects on energy use. 

22 (2) EFFECT OF SECTION.—Nothing in this section shall be construed 

23 to provide that the analysis of the factors specified in this subsection 

24 affects or alters the factors that the Administrator is required to con25 sider in taking any action described in subsection (a). 

26 (d) EXTENSIVENESS OF ASSESSMENT.—An economic impact assessment 

27 required under this section shall be as extensive as practicable, in the judg28 ment of the Administrator, taking into account the time and resources avail29 able to EPA and other duties and authorities that the Administrator is re30 quired to carry out under this division. 

31 (e) EFFECT OF SECTION.—Nothing in this section shall be construed— 

32 (1) to alter the basis on which a standard or regulation is promul33 gated under this division; 

34 (2) to preclude the Administrator from carrying out the Administra35 tor’s responsibility under this division to protect public health and wel36 fare; or 

37 (3) to authorize or require any judicial review of any such standard 

38 or regulation, or any stay or injunction of the proposal, promulgation, 

39 or effectiveness of the standard or regulation on the basis of failure to 

40 comply with this section. 

41 (f) CITIZEN SUITS.— 


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1 (1) NONDISCRETIONARY DUTIES.—The requirements imposed on the 

2 Administrator under this section shall be treated as nondiscretionary 

3 duties for purposes of section 203104(b)(2) of this title. 

4 (2) SOLE METHOD OF ENFORCEMENT.—The sole method for enforce5 ment of the Administrator’s duty under this section shall be by bring6 ing a civil action under section 203104(b)(2) of this title for a court 

7 order to compel the Administrator to perform the duty. Violation of 

8 any such order shall subject the Administrator to penalties for con9 tempt of court. 

10 (g) COSTS.—In the case of any provision of this division in which costs 

11 are expressly required to be taken into account, the adequacy or inadequacy 

12 of any assessment required under this section may be taken into consider13 ation, but shall not be treated for purposes of judicial review of any such 

14 provision as conclusive with respect to compliance or noncompliance with the 

15 requirement of the provision to take cost into account. 

16 § 209109. Air quality monitoring 

17 (a) IN GENERAL.— 

18 (1) REGULATIONS.—After notice and opportunity for public hearing, 

19 the Administrator shall promulgate regulations establishing an air 

20 quality monitoring system throughout the United States that— 

21 (A) utilizes uniform air quality monitoring criteria and method22 ology and measures the air quality according to a uniform air 

23 quality index; 

24 (B) provides for air quality monitoring stations in major urban 

25 areas and other appropriate areas throughout the United States 

26 to provide monitoring such as will supplement (but not duplicate) 

27 air quality monitoring carried out by the States required under 

28 any applicable implementation plan; 

29 (C) provides for daily analysis and reporting of air quality based 

30 on the uniform air quality index; and 

31 (D) provides for recordkeeping with respect to the monitoring 

32 data and for periodic analysis and reporting to the general public 

33 by the Administrator with respect to air quality based on the data. 

34 (2) OPERATION.—The operation of the air quality monitoring system 

35 may be carried out by the Administrator or by such other departments, 

36 agencies, or entities of the Federal Government (including the National 

37 Weather Service) as the President considers appropriate. Any air qual38 ity monitoring system required under any applicable implementation 

39 plan under section 211110 of this title shall, as soon as practicable fol40 lowing promulgation of regulations under this section, utilize the standVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 ard criteria and methodology, and measure air quality according to the 

2 standard index, established under the regulations. 

3 (b) AIR QUALITY MONITORING DATA INFLUENCED BY EXCEPTIONAL

4 EVENTS.— 

5 (1) DEFINITION OF EXCEPTIONAL EVENT.—In this section: 

6 (A) IN GENERAL.—The term ‘‘exceptional event’’ means an 

7 event that— 

8 (i) affects air quality; 

9 (ii) is not reasonably controllable or preventable; 

10 (iii) is caused by human activity that is unlikely to recur 

11 at a particular location or is a natural event; and 

12 (iv) is determined by the Administrator through the process 

13 established in the regulations promulgated under paragraph 

14 (2) to be an exceptional event. 

15 (B) EXCLUSIONS.—The term ‘‘exceptional event’’ does not in16 clude— 

17 (i) stagnation of air masses or meteorological inversions; 

18 (ii) a meteorological event involving high temperatures or 

19 lack of precipitation; or 

20 (iii) air pollution relating to source noncompliance. 

21 (2) REGULATIONS.— 

22 (A) PROPOSED REGULATIONS.—After consultation with Federal 

23 land managers and State air pollution control agencies, the Ad24 ministrator shall publish in the Federal Register proposed regula25 tions governing the review and handling of air quality monitoring 

26 data influenced by exceptional events. 

27 (B) FINAL REGULATIONS.—Not later than 1 year after the date 

28 on which the Administrator publishes proposed regulations under 

29 subparagraph (A), and after providing an opportunity for inter30 ested persons to make oral presentations of views, data, and argu31 ments regarding the proposed regulations, the Administrator shall 

32 promulgate final regulations governing the review and handling of 

33 air quality monitoring data influenced by an exceptional event that 

34 are consistent with paragraph (3). 

35 (3) PRINCIPLES AND REQUIREMENTS.— 

36 (A) PRINCIPLES.—In promulgating regulations under this sec37 tion, the Administrator shall follow the principles that— 

38 (i) protection of public health is the highest priority; 

39 (ii) timely information should be provided to the public in 

40 any case in which the air quality is unhealthy; 


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1 (iii) all ambient air quality data should be included in a 

2 timely manner, in an appropriate Federal air quality database 

3 that is accessible to the public; 

4 (iv) each State must take necessary measures to safeguard 

5 public health regardless of the source of the air pollution; and 

6 (v) air quality data should be carefully screened to ensure 

7 that events not likely to recur are represented accurately in 

8 all monitoring data and analyses. 

9 (B) REQUIREMENTS.—Regulations promulgated under this sec10 tion shall, at a minimum, provide that— 

11 (i) the occurrence of an exceptional event must be dem12 onstrated by reliable, accurate data that are promptly pro13 duced and provided by Federal, State, or local government 

14 agencies; 

15 (ii) a clear causal relationship must exist between the 

16 measured exceedances of a NAAQS and the exceptional event 

17 to demonstrate that the exceptional event caused a specific 

18 air pollution concentration at a particular air quality moni19 toring location; 

20 (iii) there is a public process for determining whether an 

21 event is an exceptional event; and 

22 (iv) there are criteria and procedures for the Governor of 

23 a State to petition the Administrator to exclude air quality 

24 monitoring data that are directly due to exceptional events 

25 from use in determinations by the Administrator with respect 

26 to exceedances or violations of the NAAQSes. 

27 § 209110. Air quality modeling 

28 (a) CONFERENCES.—At least every 3 years, the Administrator shall con29 duct a conference on air quality modeling. In conducting a conference, spe30 cial attention shall be given to appropriate modeling necessary for carrying 

31 out chapter 213. 

32 (b) CONFEREES.—A conference conducted under this section shall provide 

33 for participation by the National Academy of Sciences, representatives of 

34 State and local air pollution control agencies, and appropriate Federal agen35 cies, including the National Science Foundation, the National Oceanic and 

36 Atmospheric Administration, and the National Institute of Standards and 

37 Technology. 

38 (c) COMMENTS; TRANSCRIPTS.—Interested persons shall be permitted to 

39 submit written comments, and a verbatim transcript of the conference pro40 ceedings shall be maintained. The comments and transcript shall be in41 cluded in the docket required to be established for purposes of promulgating 


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1 or revising any regulation relating to air quality modeling under chapter 

2 213. 

3 § 209111. Employment effects 

4 (a) CONTINUOUS EVALUATION OF POTENTIAL LOSS OR SHIFTS OF EM5 PLOYMENT.—The Administrator shall conduct continuing evaluations of po6 tential loss or shifts of employment that may result from the administration 

7 or enforcement of the provision of this division and applicable implementa8 tion plans, including, where appropriate, investigating threatened plant clo9 sures or reductions in employment allegedly resulting from such administra10 tion or enforcement. 

11 (b) INVESTIGATION.— 

12 (1) REQUEST FOR INVESTIGATION.—Any employee, or any represent13 ative of an employee, who is discharged or laid off, threatened with dis14 charge or layoff, or whose employment is otherwise adversely affected 

15 or threatened to be adversely affected because of the alleged results of 

16 any requirement imposed or proposed to be imposed under this divi17 sion, including any requirement applicable to Federal facilities and any 

18 requirement imposed by a State or political subdivision of a State, may 

19 request the Administrator to investigate the matter. Any such request 

20 shall be in writing, shall set forth with reasonable particularity the 

21 grounds for the request, and shall be signed by the employee (or rep22 resentative of the employee) making the request. 

23 (2) INVESTIGATION.—On the making of a request under paragraph 

24 (1), the Administrator shall investigate the matter and, at the request 

25 of any party, shall hold public hearings on not less than 5 days’ notice. 

26 At the hearings, the Administrator shall require the parties, including 

27 the employer of the employee, to present information relating to the ac28 tual or potential effect of a requirement described in paragraph (1) on 

29 employment and the detailed reasons or justification for the require30 ments. If the Administrator determines that there are no reasonable 

31 grounds for conducting a public hearing, the Administrator shall notify 

32 (in writing) the party requesting a hearing of the determination and 

33 the reasons for the determination. If the Administrator convenes a 

34 hearing, the hearing shall be on the record. 

35 (3) FINDINGS AND RECOMMENDATIONS.— 

36 (A) IN GENERAL.—On receiving the report of an investigation 

37 under paragraph (2), the Administrator shall— 

38 (i) make findings of fact as to the effect of the require39 ments on employment and on the alleged actual or potential 

40 discharge, layoff, or other adverse effect on employment; and 


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1 (ii) make such recommendations as the Administrator con2 siders appropriate. 

3 (B) PUBLIC AVAILABILITY.—The report, findings, and rec4 ommendations shall be available to the public. 

5 (c) SUBPOENAS; OATHS.— 

6 (1) IN GENERAL.—In connection with any investigation or public 

7 hearing conducted under subsection (b), the Administrator may— 

8 (A) issue subpoenas for the attendance and testimony of wit9 nesses and the production of relevant records; and 

10 (B) administer oaths. 

11 (2) TRADE SECRETS; SECRET PROCESSES.—Except for emission 

12 data, on a showing satisfactory to the Administrator by an owner or 

13 operator that records or information or any particular part thereof, if 

14 made public, would divulge trade secrets or secret processes of the 

15 owner or operator, the Administrator shall consider the record, report, 

16 or information or particular part thereof confidential in accordance 

17 with section 1905 of title 18, except that the record or information may 

18 be disclosed— 

19 (A) to other officers, employees, or authorized representatives of 

20 the United States concerned with carrying out this division; or 

21 (B) when relevant in any proceeding under this division. 

22 (3) PAYMENT OF WITNESSES.—A witness summoned shall be paid 

23 the same fees and mileage that are paid witnesses in the courts of the 

24 United States. 

25 (4) CONTUMACY; REFUSAL TO OBEY SUBPOENA.—In a case of contu26 macy or refusal to obey a subpoena served on any person under para27 graph (1)— 

28 (A) the United States district court for any district in which the 

29 person is found or resides or transacts business, on application by 

30 the United States and after notice to the person, shall have juris31 diction to issue an order requiring the person to appear and give 

32 testimony before the Administrator and to appear and produce 

33 records before the Administrator; and 

34 (B) any failure to obey such a court order may be punished by 

35 the court as a contempt of court. 

36 (d) LIMITATIONS ON CONSTRUCTION OF SECTION.—Nothing in this sec37 tion shall be construed to require or authorize the Administrator, a State, 

38 or a political subdivision of a State to modify or withdraw any requirement 

39 imposed or proposed to be imposed under this division. 


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1 § 209112. Employee protection 

2 (a) NO DISCHARGE OR DISCRIMINATION.—No employer may discharge or 

3 otherwise discriminate against any employee with respect to the employee’s 

4 compensation, terms, conditions, or privileges of employment because the 

5 employee (or any person acting pursuant to a request of the employee)— 

6 (1) commenced, caused to be commenced, or is about to commence 

7 or cause to be commenced a proceeding under this division or a pro8 ceeding for the administration or enforcement of any requirement im9 posed under this division or under any applicable implementation plan; 

10 (2) testified or is about to testify in any such proceeding; or 

11 (3) assisted or participated or is about to assist or participate in any 

12 manner in such a proceeding or in any other action to carry out this 

13 division. 

14 (b) INVESTIGATION.— 

15 (1) COMPLAINT.—An employee who believes that the employee has 

16 been discharged or otherwise discriminated against by any person in 

17 violation of subsection (a) may, within 30 days after the violation oc18 curs, file (or have any person file on the employee’s behalf) a complaint 

19 with the Secretary of Labor (referred to in this subsection as the ‘‘Sec20 retary’’) alleging the discharge or discrimination. On receipt of the 

21 complaint, the Secretary shall notify the person named in the complaint 

22 of the filing of the complaint. 

23 (2) INVESTIGATION.—On receipt of a complaint under paragraph 

24 (1), the Secretary shall conduct an investigation of the violation alleged 

25 in the complaint. Within 30 days of the receipt of the complaint, the 

26 Secretary shall complete the investigation and shall notify in writing 

27 the complainant (and any person acting in the complainant’s behalf) 

28 and the person alleged to have committed the violation of the results 

29 of the investigation. 

30 (3) ORDER.— 

31 (A) IN GENERAL.—Within 90 days after receipt of a complaint 

32 under paragraph (1), the Secretary shall, unless the proceeding on 

33 the complaint is terminated by the Secretary on the basis of a set34 tlement entered into by the Secretary and the person alleged to 

35 have committed the violation, issue an order providing the relief 

36 prescribed by subparagraph (B) or denying the relief. An order of 

37 the Secretary shall be made on the record after notice and oppor38 tunity for public hearing. The Secretary may not enter into a set39 tlement terminating a proceeding on a complaint without the par40 ticipation and consent of the complainant. 


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1 (B) RELIEF.—If, in response to a complaint under paragraph 

2 (1), the Secretary determines that a violation of subsection (a) has 

3 occurred, the Secretary— 

4 (i) shall order the person that committed the violation to— 

5 (I) take affirmative action to abate the violation; and 

6 (II) reinstate the complainant to the complainant’s 

7 former position together with the compensation (includ8 ing back pay), terms, conditions, and privileges of the 

9 complainant’s employment; and 

10 (ii) may order the person to provide compensatory damages 

11 to the complainant. 

12 (4) COSTS AND EXPENSES.—If an order is issued under paragraph 

13 (3), the Secretary, at the request of the complainant, shall assess 

14 against the person against which the order is issued a sum equal to 

15 the aggregate amount of all costs and expenses (including attorney’s 

16 fees and expert witness’s fees) reasonably incurred, as determined by 

17 the Secretary, by the complainant for, or in connection with, the bring18 ing of the complaint on which the order is issued. 

19 (c) REVIEW.— 

20 (1) IN GENERAL.—Any person adversely affected or aggrieved by an 

21 order issued under subsection (b)(3) may obtain review of the order in 

22 the United States court of appeals for the circuit in which the violation, 

23 with respect to which the order was issued, allegedly occurred. The pe24 tition for review must be filed within 60 days from the issuance of the 

25 Secretary’s order. Review shall conform to chapter 7 of title 5. The 

26 commencement of proceedings under this subsection shall not, unless 

27 ordered by the court, operate as a stay of the Secretary’s order. 

28 (2) NO OTHER REVIEW.—An order of the Secretary with respect to 

29 which review could have been obtained under paragraph (1) shall not 

30 be subject to judicial review in any criminal or other civil proceeding. 

31 (d) ENFORCEMENT OF ORDER BY SECRETARY.—Whenever a person has 

32 failed to comply with an order issued under subsection (b)(3), the Secretary 

33 may file a civil action in the United States district court for the district 

34 in which the violation was found to occur to enforce the order. In a civil 

35 action brought under this subsection, the district court shall have jurisdic36 tion to grant all appropriate relief, including injunctive relief, compensatory 

37 damages, and exemplary damages. 

38 (e) ENFORCEMENT OF ORDER BY PERSON ON WHOSE BEHALF ORDER

39 WAS ISSUED.— 

40 (1) IN GENERAL.—Any person on whose behalf an order was issued 

41 under subsection (b)(3) may commence a civil action against the person 


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1 to which the order was issued to require compliance with the order. 

2 The appropriate United States district court shall have jurisdiction, 

3 without regard to the amount in controversy or the citizenship of the 

4 parties, to enforce the order. 

5 (2) COSTS.—In issuing any final order under this subsection, a court 

6 may award costs of litigation (including reasonable attorney’s fees and 

7 expert witness’s fees) to any party whenever the court determines that 

8 such an award is appropriate. 

9 (f) MANDAMUS.—Any nondiscretionary duty imposed by this section shall 

10 be enforceable in a mandamus proceeding brought under section 1361 of 

11 title 28. 

12 (g) DELIBERATE VIOLATION BY EMPLOYEE.—Subsection (a) shall not 

13 apply with respect to any employee who, acting without direction from the 

14 employee’s employer (or the employer’s agent), deliberately causes a viola15 tion of any requirement of this division. 

16 § 209113. Cost of vapor recovery equipment 

17 (a) COSTS TO BE BORNE BY OWNER OF RETAIL OUTLET.—The regula18 tions under this division applicable to vapor recovery with respect to mobile 

19 source fuels at retail outlets of such fuels shall provide that the cost of pro20 curement and installation of the vapor recovery shall be borne by the owner 

21 of the outlet (as determined under the regulations). Except as provided in 

22 subsection (b), the regulations shall provide that no lease of a retail outlet 

23 by the owner thereof may provide for a payment by the lessee of the cost 

24 of procurement and installation of vapor recovery equipment. The regula25 tions shall provide that the cost of procurement and installation of vapor 

26 recovery equipment may be recovered by the owner of the outlet by means 

27 of price increases in the cost of any product sold by the owner, notwith28 standing any provision of law. 

29 (b) PAYMENT BY LESSEE.—The regulations of the Administrator de30 scribed in subsection (a) shall permit a lease of a retail outlet to provide 

31 for payment by the lessee of the cost of procurement and installation of 

32 vapor recovery equipment over a reasonable period (as determined in accord33 ance with the regulations) if the owner of the outlet does not sell, trade in, 

34 or otherwise dispense any product at wholesale or retail at the outlet. 

35 § 209114. Vapor recovery for independent small business 

36 marketers of gasoline 

37 (a) DEFINITIONS.—In this section: 

38 (1) CONTROL.—The term ‘‘control’’, in reference to control of a cor39 poration, means ownership of more than 50 percent of the stock of the 

40 corporation. 


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1 (2) INDEPENDENT SMALL BUSINESS MARKETER OF GASOLINE.—The 

2 term ‘‘independent small business marketer of gasoline’’ means a per3 son engaged in the marketing of gasoline that would be required to pay 

4 for procurement and installation of vapor recovery equipment under 

5 section 209113 of this title or under regulations of the Administrator, 

6 unless the person— 

7 (A)(i) is a refiner; 

8 (ii) controls, is controlled by, or is under common control with, 

9 a refiner; or 

10 (iii) is otherwise directly or indirectly affiliated (as determined 

11 under the regulations of the Administrator) with a refiner or with 

12 a person that controls, is controlled by, or is under a common con13 trol with a refiner (unless the sole affiliation is by means of a sup14 ply contract or an agreement or contract to use a trademark, 

15 trade name, service mark, or other identifying symbol or name 

16 owned by the refiner or any such person); or 

17 (B) receives less than 50 percent of the person’s annual income 

18 from refining or marketing of gasoline. 

19 (3) REFINER.—The term ‘‘refiner’’ does not include a refiner the 

20 total refinery capacity of which (including the refinery capacity of any 

21 person that controls, is controlled by, or is under common control with, 

22 the refiner) does not exceed 65,000 barrels per day. 

23 (b) MARKETERS OF GASOLINE.—The regulations under this division ap24 plicable to vapor recovery from fueling of motor vehicles at retail outlets of 

25 gasoline shall not apply to any outlet owned by an independent small busi26 ness marketer of gasoline having monthly sales of less than 50,000 gallons. 

27 (c) STATE REQUIREMENTS.—Nothing in subsection (a) shall be construed 

28 to prohibit any State from adopting or enforcing, with respect to inde29 pendent small business marketers of gasoline having monthly sales of less 

30 than 50,000 gallons, any vapor recovery requirements for mobile source 

31 fuels at retail outlets. Any vapor recovery requirement that is adopted by 

32 a State and submitted to the Administrator as part of its implementation 

33 plan may be approved and enforced by the Administrator as part of the ap34 plicable implementation plan for that State. 

35 § 209115. Exemptions for certain territories 

36 (a) EXEMPTION ON PETITION.— 

37 (1) IN GENERAL.—On petition by the Governor of Guam, American 

38 Samoa, the Virgin Islands, or the Northern Mariana Islands, the Ad39 ministrator may exempt any person or source or class of persons or 

40 sources in that territory or commonwealth from any requirement under 

41 this division other than— 


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1 (A) section 211112 of this title; or 

2 (B) any requirement under section 211110 of this title or chap3 ter 215 necessary to attain or maintain a primary NAAQS. 

4 (2) BASIS FOR EXEMPTION.—An exemption may be granted under 

5 paragraph (1) if the Administrator finds that compliance with the re6 quirement is not feasible or is unreasonable due to unique geographical, 

7 meteorological, or economic factors of the territory or commonwealth 

8 or to such other local factors as the Administrator considers signifi9 cant. 

10 (3) CONSIDERATION.—A petition under paragraph (1) shall be con11 sidered in accordance with section 203102(d) of this title, and any ex12 emption under this subsection shall be considered to be final action by 

13 the Administrator for the purposes of section 203102(b) of this title. 

14 (4) NOTIFICATION.—The Administrator shall promptly notify the 

15 Committee on Energy and Commerce and Committee on Natural Re16 sources of the House of Representatives and the Committee on Envi17 ronment and Public Works and Committee on Energy and Natural Re18 sources of the Senate on receipt of a petition under this subsection and 

19 of the approval or rejection of the petition and the basis for the action. 

20 (b) EXEMPTION OF CERTAIN POWERPLANT.— 

21 (1) IN GENERAL.—Notwithstanding any other provision of this divi22 sion, any fossil fuel-fired steam electric powerplant operating within 

23 Guam as of December 8, 1983, is exempted from— 

24 (A) any requirement of the new source performance standards 

25 relating to sulfur dioxide promulgated under section 211111 of 

26 this title as of December 8, 1983; and 

27 (B) any regulation relating to sulfur dioxide standards or limita28 tions contained in a State implementation plan approved under 

29 section 211110 of this title as of December 8, 1983, except as pro30 vided in paragraph (2). 

31 (2) EXPIRATION.—The exemptions under paragraph (1) shall expire 

32 unless the Administrator determines that the powerplant described in 

33 paragraph (1) is making all emission reductions practicable to prevent 

34 exceedances of the NAAQSes for sulfur dioxide. 

35 § 209116. Air pollution from Outer Continental Shelf activi36 ties 

37 (a) DEFINITIONS.—In this section: 

38 (1) CORRESPONDING ONSHORE AREA.— 

39 (A) IN GENERAL.—The term ‘‘corresponding onshore area’’ 

40 means, with respect to any OCS source, the onshore attainment 

41 or nonattainment area that is closest to the source, unless the AdVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 ministrator determines that another area with more stringent re2 quirements with respect to the control and abatement of air pollu3 tion may reasonably be expected to be affected by such emissions. 

4 (B) DETERMINATION.—A determination under subparagraph 

5 (A) shall be based on the potential for air pollutants from the 

6 OCS source to reach the other onshore area and the potential of 

7 such air pollutants to affect the efforts of the other onshore area 

8 to attain or maintain any Federal or State ambient air quality 

9 standard or to comply with chapter 213. 

10 (2) EXISTING OCS SOURCE.—The term ‘‘existing OCS source’’ means 

11 any OCS source other than a new OCS source. 

12 (3) NEW OCS SOURCE.—The term ‘‘new OCS source’’ means an OCS 

13 source that is a new source within the meaning of section 211111(a) 

14 of this title. 

15 (4) OUTER CONTINENTAL SHELF.—The term ‘‘Outer Continental 

16 Shelf’’ has the meaning given the term in section 2 of the Outer Conti17 nental Shelf Lands Act (43 U.S.C. 1331). 

18 (5) OCS SOURCE.— 

19 (A) IN GENERAL.—The term ‘‘OCS source’’ means a source on, 

20 or in or on water above, the Outer Continental Shelf that is lo21 cated— 

22 (i) offshore of a State along the Pacific, Arctic, or Atlantic 

23 Coast; or 

24 (ii) offshore of the State of Florida along the United States 

25 Gulf Coast eastward of longitude 87 degrees, 30 minutes. 

26 (B) INCLUSIONS.— 

27 (i) IN GENERAL.—The term ‘‘OCS source’’ includes any 

28 equipment, activity, or facility that— 

29 (I) emits or has the potential to emit any air pollut30 ant; and 

31 (II) is regulated or authorized under the Outer Conti32 nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 

33 (ii) ACTIVITY.—In clause (i), the term ‘‘activity’’ includes 

34 platform and drill ship exploration, construction, development, 

35 production, processing, and transportation. 

36 (C) EXCLUSIONS.—The term ‘‘OCS source’’ does not include a 

37 source on, or in or on water above, the Outer Continental Shelf 

38 that is located offshore of the North Slope Borough of Alaska. 

39 (b) APPLICABLE REQUIREMENTS FOR CERTAIN AREAS.— 

40 (1) REQUIREMENTS TO CONTROL AIR POLLUTION.— 


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1 (A) IN GENERAL.—After consultation with the Secretary of the 

2 Interior and the Commandant of the United States Coast Guard, 

3 the Administrator, by regulation, shall establish requirements to 

4 control air pollution from OCS sources to attain and maintain 

5 Federal and State ambient air quality standards and to comply 

6 with chapter 213. 

7 (B) SOURCES LOCATED WITHIN 25 MILES OF THE SEAWARD

8 BOUNDARY OF A STATE.—For OCS sources that are located within 

9 25 miles of the seaward boundary of a State, the requirements 

10 under subparagraph (A)— 

11 (i) shall be the same as would be applicable if the source 

12 were located in the corresponding onshore area; and 

13 (ii) shall include State and local requirements for emission 

14 controls, emission limitations, offsets, permitting, monitoring, 

15 testing, and reporting. 

16 (C) UPDATING.—The Administrator shall update the require17 ments as necessary to maintain consistency with onshore regula18 tions and this division. 

19 (2) VESSELS.—For purposes of this subsection, emissions from any 

20 vessel servicing or associated with an OCS source, including emissions 

21 while at the OCS source or en route to or from the OCS source within 

22 25 miles of the OCS source, shall be considered emissions from the 

23 OCS source. 

24 (3) SUPERSEDURE OF OTHER LAW.—The authority of this sub25 section shall supersede section 5(a)(8) of the Outer Continental Shelf 

26 Lands Act (43 U.S.C. 1334(a)(8)) but shall not repeal or modify any 

27 other Federal, State, or local authority with respect to air quality. 

28 (4) TREATMENT AS STANDARD.—Each requirement established 

29 under this subsection shall be treated, for purposes of sections 203104, 

30 211113, 211114, 211116, and 211119 of this title, as a standard 

31 under section 211111 of this title, and a violation of any such require32 ment shall be considered a violation of section 211111(j) of this title. 

33 (5) EXEMPTIONS.— 

34 (A) IN GENERAL.—The Administrator may exempt an OCS 

35 source from a specific requirement in effect under regulations 

36 under this subsection if the Administrator finds that compliance 

37 with a pollution control technology requirement is technically in38 feasible or will cause an unreasonable threat to health and safety. 

39 (B) WRITTEN FINDINGS; OTHER REQUIREMENT.—The Adminis40 trator shall make written findings explaining the basis of any ex41 emption issued pursuant to this paragraph and shall impose anVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 other requirement equal to or as close in stringency to the original 

2 requirement as possible. 

3 (C) OFFSET.—The Administrator shall ensure that any increase 

4 in emissions due to the granting of an exemption is offset by re5 ductions in actual emissions, not otherwise required by this divi6 sion, from the same source or other sources in the area or in the 

7 corresponding onshore area. 

8 (D) PUBLIC NOTICE AND COMMENT.—The Administrator shall 

9 establish procedures to provide for public notice and comment on 

10 exemptions proposed pursuant to this paragraph. 

11 (6) STATE PROCEDURES.—A State adjacent to an OCS source in12 cluded under this subsection may promulgate and submit to the Admin13 istrator regulations for implementing and enforcing the requirements of 

14 this subsection. If the Administrator finds that the State regulations 

15 are adequate, the Administrator shall delegate to that State any au16 thority the Administrator has under this division to implement and en17 force the requirements. Nothing in this subsection shall prohibit the 

18 Administrator from enforcing any requirement of this section. 

19 (c) REQUIREMENTS FOR OTHER OFFSHORE AREAS.—For portions of the 

20 United States Outer Continental Shelf that are adjacent to the States of 

21 Alabama, Mississippi, Louisiana, and Texas or to the North Slope Borough 

22 of Alaska, the Secretary of the Interior shall consult with the Administrator 

23 to ensure coordination of air pollution control regulation for Outer Conti24 nental Shelf emissions and emissions in adjacent onshore areas. 

25 (d) COASTAL WATER.— 

26 (1) STUDY REPORT.—The study report under section 211112(m) of 

27 this title shall apply to the coastal water of the United States to the 

28 same extent and in the same manner as the requirements apply to the 

29 Great Lakes, the Chesapeake Bay, and their tributaries. 

30 (2) REGULATORY REQUIREMENTS.—The regulatory requirements of 

31 section 211112(m) of this title shall apply to the coastal water of the 

32 States that is subject to subsection (b) to the same extent and in the 

33 same manner as the requirements apply to the Great Lakes, the Chesa34 peake Bay, and their tributaries. 

35 § 209117. Demonstration grant program for local govern36 ments 

37 (a) DEFINITIONS.—In this section: 

38 (1) COST-EFFECTIVE TECHNOLOGIES AND PRACTICES.—The term 

39 ‘‘cost-effective technologies and practices’’ has the meaning given the 

40 term in section 401 of the Energy Independence and Security Act of 

41 2007 (42 U.S.C. 17061). 


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1 (2) OPERATING COST SAVINGS.—The term ‘‘operating cost savings’’ 

2 has the meaning given the term in section 401 of the Energy Independ3 ence and Security Act of 2007 (42 U.S.C. 17061). 

4 (b) GRANT PROGRAM.— 

5 (1) IN GENERAL.—The Administrator shall establish a demonstra6 tion program under which the Administrator shall provide competitive 

7 grants to assist local governments (such as municipalities and counties) 

8 with respect to local government buildings to— 

9 (A) deploy cost-effective technologies and practices; and 

10 (B) achieve operational cost savings through the application of 

11 cost-effective technologies and practices, as verified by the Admin12 istrator. 

13 (2) COST SHARING.— 

14 (A) IN GENERAL.—The Federal share of the cost of an activity 

15 carried out using a grant provided under this section shall be 40 

16 percent. 

17 (B) WAIVER OF NON-FEDERAL SHARE.—The Administrator 

18 may waive up to 100 percent of the local share of the cost of any 

19 grant under this section if the Administrator determines, under 

20 objective economic criteria established by the Administrator in 

21 published guidelines, that the community is economically dis22 tressed. 

23 (3) MAXIMUM AMOUNT.—The amount of a grant under this sub24 section shall not exceed $1,000,000. 

25 (c) GUIDELINES.— 

26 (1) IN GENERAL.—The Administrator shall issue guidelines to imple27 ment the grant program established under subsection (b). 

28 (2) REQUIREMENTS.—The guidelines under paragraph (1) shall es29 tablish— 

30 (A) standards for monitoring and verification of operational cost 

31 savings through the application of cost-effective technologies and 

32 practices reported by grantees under this section; 

33 (B) standards for grantees to implement training programs and 

34 provide technical assistance and education relating to the retrofit 

35 of buildings using cost-effective technologies and practices; and 

36 (C) a requirement that each local government that receives a 

37 grant under this section shall achieve facility-wide cost savings, 

38 through renovation of existing local government buildings using 

39 cost-effective technologies and practices, of at least 40 percent as 

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1 fore the renovation (as calculated assuming a 3-year, weather-nor2 malized average). 

3 (d) COMPLIANCE WITH STATE AND LOCAL LAW.—Nothing in this section 

4 or any program carried out using a grant provided under this section super5 sedes or otherwise affects any State or local law, to the extent that the 

6 State or local law contains a requirement that is more stringent than the 

7 relevant requirement of this section. 

8 (e) REPORTS.— 

9 (1) IN GENERAL.—The Administrator shall annually submit to Con10 gress a report that— 

11 (A) describes the cost savings achieved and actions taken and 

12 recommendations made under this section; and 

13 (B) includes any recommendations for further action that the 

14 Administrator may have. 

15 (2) FINAL REPORT.—The Administrator shall issue a final report at 

16 the conclusion of the program that includes findings, a summary of 

17 total cost savings achieved, and recommendations for further action. 

18 (f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap19 propriated to carry out this section $20,000,000 for each of fiscal years 

20 2007 to 2012. 

21 (g) TERMINATION.—The program under this section shall terminate on 

22 September 30, 2012. 

23 Subdivision 2—Air Pollution Prevention 

24 and Control 

25 Chapter 211—Air Quality And Emission 

26 Limitations 

Sec. 

211101. Findings; purposes; primary goal. 

211102. Cooperative activities. 

211103. Research, investigation, training, and other activities. 

211104. Research relating to fuels and vehicles. 

211105. Grants for support of air pollution planning and control programs. 

211106. Interstate air quality agencies. 

211107. Air quality control regions. 

211108. Air quality criteria and control techniques. 

211109. National primary and secondary ambient air quality standards. 

211110. State implementation plans. 

211111. Standards of performance for new stationary sources. 

211112. Hazardous air pollutants. 

211113. Federal enforcement. 

211114. Recordkeeping, inspections, monitoring, and entry. 

211115. International air pollution. 

211116. Retention of State authority. 

211117. Advisory committees. 

211118. Control of pollution from Federal facilities. 

211119. Noncompliance penalty. 

211120. Consultation. 

211121. Listing of certain unregulated pollutants. 

211122. Stack heights. 

211123. Assurance of adequacy of State plans. 


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211124. Measures to prevent economic disruption or unemployment. 

211125. Interstate pollution abatement. 

211126. Public notification. 

211127. State boards. 

211128. Solid waste combustion 

211129. Emission factors. 

211130. Land use authority. 

1 § 211101. Findings; purposes; primary goal 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the predominant part of the Nation’s population is located in its 

4 rapidly expanding metropolitan and other urban areas, which generally 

5 cross the boundary lines of local jurisdictions and often extend into 2 

6 or more States; 

7 (2) the growth in the amount and complexity of air pollution brought 

8 about by urbanization, industrial development, and the increasing use 

9 of motor vehicles has resulted in mounting dangers to the public health 

10 and welfare, including injury to agricultural crops and livestock, dam11 age to and the deterioration of property, and hazards to air and ground 

12 transportation; 

13 (3) air pollution prevention (that is, the reduction or elimination, 

14 through any measures, of the amount of pollutants produced or created 

15 at the source) and air pollution control at its source are the primary 

16 responsibility of States and local governments; and 

17 (4) Federal financial assistance and leadership are essential for the 

18 development of cooperative Federal, State, regional, and local programs 

19 to prevent and control air pollution. 

20 (b) PURPOSES.—The purposes of this subdivision are— 

21 (1) to protect and enhance the quality of the Nation’s air resources 

22 so as to promote the public health and welfare and the productive ca23 pacity of its population; 

24 (2) to initiate and accelerate a national research and development 

25 program to achieve the prevention and control of air pollution; 

26 (3) to provide technical and financial assistance to State and local 

27 governments in connection with the development and execution of their 

28 air pollution prevention and control programs; and 

29 (4) to encourage and assist the development and operation of re30 gional air pollution prevention and control programs. 

31 (c) PRIMARY GOAL.—A primary goal of this division is to encourage or 

32 otherwise promote reasonable Federal, State, and local governmental ac33 tions, consistent with this division, for pollution prevention. 

34 § 211102. Cooperative activities 

35 (a) INTERSTATE COOPERATION; UNIFORM STATE LAWS; STATE COM36 PACTS.—The Administrator shall encourage— 


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1 (1) cooperative activities by States and local governments for the 

2 prevention and control of air pollution; 

3 (2) enactment of improved and, so far as practicable in the light of 

4 varying conditions and needs, uniform State and local laws relating to 

5 the prevention and control of air pollution; and 

6 (3) the making of agreements and compacts between States for the 

7 prevention and control of air pollution. 

8 (b) FEDERAL COOPERATION.—The Administrator shall cooperate with 

9 and encourage cooperative activities by all Federal departments and agen10 cies having functions relating to the prevention and control of air pollution, 

11 so as to ensure the utilization in the Federal air pollution control program 

12 of all appropriate and available facilities and resources within the Federal 

13 Government. 

14 (c) CONSENT OF CONGRESS TO COMPACTS.— 

15 (1) IN GENERAL.—The consent of Congress is given to 2 or more 

16 States to negotiate and enter into agreements or compacts, not in con17 flict with any law or treaty of the United States, for— 

18 (A) cooperative effort and mutual assistance for the prevention 

19 and control of air pollution and the enforcement of their respective 

20 laws relating thereto; and 

21 (B) the establishment of such agencies, joint or otherwise, as 

22 the States consider desirable for making effective such agreements 

23 or compacts. 

24 (2) NO BINDING EFFECT WITHOUT APPROVAL BY CONGRESS.—No 

25 agreement or compact under paragraph (1) shall be binding or obliga26 tory on any State a party thereto unless and until the agreement or 

27 compact is approved by Congress. 

28 (3) INTENT OF CONGRESS.—It is the intent of Congress that no 

29 agreement or compact entered into between States after November 21, 

30 1967, that relates to the control and abatement of air pollution in an 

31 air quality control region shall provide for participation by a State that 

32 is not included (in whole or in part) in that air quality control region. 

33 § 211103. Research, investigation, training, and other activi34 ties 

35 (a) RESEARCH AND DEVELOPMENT PROGRAM FOR PREVENTION AND

36 CONTROL OF AIR POLLUTION.— 

37 (1) IN GENERAL.—The Administrator shall establish a national re38 search and development program for the prevention and control of air 

39 pollution. 

40 (2) ACTIVITIES.—As part of the program, the Administrator shall— 


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1 (A) conduct, and promote the coordination and acceleration of, 

2 research, investigations, experiments, demonstrations, surveys, and 

3 studies relating to the causes, effects (including health and welfare 

4 effects), extent, prevention, and control of air pollution; 

5 (B) encourage, cooperate with, and render technical services and 

6 provide financial assistance to air pollution control agencies and 

7 other appropriate public or private agencies, institutions, and or8 ganizations, and individuals in the conduct of such activities; 

9 (C) conduct investigations and research and make surveys con10 cerning any specific problem of air pollution in cooperation with 

11 any air pollution control agency with a view to recommending a 

12 solution of the problem, if— 

13 (i) the Administrator is requested to do so by the agency; 

14 or 

15 (ii) in the Administrator’s judgment, the problem may af16 fect any community or communities in a State other than 

17 that in which the source of the matter causing or contributing 

18 to the pollution is located; 

19 (D) establish technical advisory committees composed of recog20 nized experts in various aspects of air pollution to assist in the 

21 examination and evaluation of research progress and proposals 

22 and to avoid duplication of research; and 

23 (E) conduct and promote coordination and acceleration of train24 ing for individuals relating to the causes, effects, extent, preven25 tion, and control of air pollution. 

26 (b) ACTIVITIES.— 

27 (1) IN GENERAL.—In carrying out subsection (a), the Administrator 

28 may— 

29 (A) collect and make available, through publications and other 

30 appropriate means— 

31 (i) the results of research activities and other activities 

32 under subsection (a); and 

33 (ii) other information (including appropriate recommenda34 tions by the Administrator in connection therewith) per35 taining to those research activities and other activities; 

36 (B) cooperate with other Federal departments and agencies, 

37 with air pollution control agencies, with other public and private 

38 agencies, institutions, and organizations, and with any industries 

39 involved, in the preparation and conduct of those research activi40 ties and other activities; 


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1 (C) make grants to air pollution control agencies, to other pub2 lic or nonprofit private agencies, institutions, and organizations, 

3 and to individuals, for purposes stated in subsection (a)(2)(A); 

4 (D) contract with public or private agencies, institutions, and 

5 organizations, and with individuals, without regard to subsection 

6 (a) or (b) of section 3324 of title 31 or section 6101 of title 5; 

7 (E) establish and maintain research fellowships in EPA and at 

8 public or nonprofit private educational institutions or research or9 ganizations; 

10 (F) collect and disseminate, in cooperation with other Federal 

11 departments and agencies, and with other public or private agen12 cies, institutions, and organizations having related responsibilities, 

13 basic data on chemical, physical, and biological effects of varying 

14 air quality and other information pertaining to air pollution and 

15 the prevention and control of air pollution; 

16 (G) develop effective and practical processes, methods, and pro17 totype devices for the prevention or control of air pollution; and 

18 (H) construct facilities, provide equipment, and employ staff as 

19 necessary to carry out this division. 

20 (2) TRAINING.— 

21 (A) IN GENERAL.—In carrying out subsection (a), the Adminis22 trator shall— 

23 (i) provide training for, and make training grants to, per24 sonnel of air pollution control agencies and other persons with 

25 suitable qualifications; and 

26 (ii) make grants to air pollution control agencies, to other 

27 public or nonprofit private agencies, institutions, and organi28 zations for the purposes stated in subsection (a)(2)(E). 

29 (B) FEES.—Reasonable fees may be charged for training pro30 vided to persons other than personnel of air pollution control agen31 cies, but training shall be provided to personnel of air pollution 

32 control agencies without charge. 

33 (c) AIR POLLUTANT SAMPLING, MEASUREMENT, MONITORING, ANAL34 YSIS, AND MODELING.— 

35 (1) IN GENERAL.—In carrying out subsection (a), the Administrator 

36 shall conduct a program of research, testing, and development of meth37 ods for sampling, measurement, monitoring, analysis, and modeling of 

38 air pollutants. 

39 (2) ELEMENTS.—The program under paragraph (1) shall include the 

40 following elements: 


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1 (A) Consideration of individual air pollutants and complex mix2 tures of air pollutants and their chemical transformations in the 

3 atmosphere. 

4 (B) Establishment of a national network to— 

5 (i) monitor, collect, and compile data with quantification of 

6 certainty in the status and trends of air emissions, deposition, 

7 air quality, surface water quality, forest condition, and im8 pairment of visibility; and 

9 (ii) ensure the comparability of air quality data collected in 

10 different States and obtained from different nations. 

11 (C) Development of improved methods and technologies for 

12 sampling, measurement, monitoring, analysis, and modeling to in13 crease understanding of the sources of ozone precursors, ozone 

14 formation, ozone transport, regional influences on urban ozone, re15 gional ozone trends, and interactions of ozone with other pollut16 ants. 

17 (D) Submission of periodic reports to Congress, not less than 

18 once every 5 years, that evaluate and assess the effectiveness of 

19 air pollution control regulations and programs using monitoring 

20 and modeling data obtained pursuant to this subsection. 

21 (3) EMPHASIS.—In developing methodologies and technologies under 

22 paragraph (2)(C), the Administrator shall place emphasis on techniques 

23 that— 

24 (A) improve the ability to inventory emissions of volatile organic 

25 compounds and nitrogen oxides that contribute to urban air pollu26 tion, including anthropogenic and natural sources; 

27 (B) improve the understanding of the mechanism through which 

28 anthropogenic and biogenic volatile organic compounds react to 

29 form ozone and other oxidants; and 

30 (C) improve the ability to identify and evaluate region-specific 

31 prevention and control options for ozone pollution. 

32 (d) ENVIRONMENTAL HEALTH EFFECTS RESEARCH.— 

33 (1) IN GENERAL.—The Administrator, in consultation with the Sec34 retary of Health and Human Services, shall conduct a research pro35 gram on the short-term and long-term effects of air pollutants, includ36 ing wood smoke, on human health. In conducting the research pro37 gram, the Administrator— 

38 (A) shall conduct studies, including epidemiological, clinical, and 

39 laboratory and field studies, as necessary to identify and evaluate 

40 exposure to and effects of air pollutants on human health; 


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1 (B) may utilize, on a reimbursable basis, the facilities of exist2 ing Federal scientific laboratories and research centers; and 

3 (C) shall consult with other Federal agencies to ensure that 

4 similar research being conducted in other agencies is coordinated 

5 to avoid duplication. 

6 (2) METHODS AND TECHNIQUES TO IDENTIFY AND ASSESS RISKS.— 

7 In conducting the research program, the Administrator shall develop 

8 methods and techniques necessary to identify and assess the risks to 

9 human health from both routine and accidental exposures to individual 

10 air pollutants and combinations of air pollutants. 

11 (3) ELEMENTS.—The research program shall include the following 

12 elements: 

13 (A) An interagency task force to coordinate the research pro14 gram. 

15 (B) An evaluation of each of the hazardous air pollutants listed 

16 under section 211112(b) of this title, to decide, on the basis of 

17 available information, their relative priority for preparation of en18 vironmental health assessments pursuant to subparagraph (C). 

19 (C) Preparation of environmental health assessments for each of 

20 the hazardous air pollutants listed under section 211112(b) of this 

21 title. 

22 (4) TASK FORCE.—The task force established under paragraph 

23 (3)(A) shall include representatives of the National Institute of Envi24 ronmental Health Sciences, EPA, the Agency for Toxic Substances and 

25 Disease Registry, the National Toxicology Program, the National Insti26 tute of Standards and Technology, the National Science Foundation, 

27 the Surgeon General, and the Department of Energy. The task force 

28 shall be chaired by a representative of EPA. 

29 (5) EVALUATION.—The evaluation under paragraph (3)(B) shall be 

30 based on reasonably anticipated toxicity to humans and exposure fac31 tors such as frequency of occurrence as an air pollutant and volume 

32 of emissions in populated areas. The evaluation shall be reviewed by 

33 the task force established under paragraph (3)(A). 

34 (6) ENVIRONMENTAL HEALTH ASSESSMENTS.— 

35 (A) IN GENERAL.—The Administrator shall prepare an environ36 mental health assessment for each hazardous air pollutant de37 scribed in subparagraphs (B) and (C) of paragraph (3). Not fewer 

38 than 24 environmental health assessments shall be completed and 

39 published annually. 

40 (B) GUIDELINES.—An environmental health assessment shall be 

41 prepared in accordance with guidelines developed by the AdminisVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 trator in consultation with the task force established under para2 graph (3)(A) and EPA’s Science Advisory Board. 

3 (C) CONTENTS.—An environmental health assessment shall in4 clude— 

5 (i) an examination, summary, and evaluation of available 

6 toxicological and epidemiological information for an air pollut7 ant to ascertain the levels of human exposure that pose a sig8 nificant threat to human health and the associated acute, 

9 subacute, and chronic adverse health effects; 

10 (ii) a determination of gaps in available information related 

11 to human health effects and exposure levels; and 

12 (iii) where appropriate, an identification of additional ac13 tivities, including toxicological and inhalation testing, needed 

14 to identify the types or levels of exposure that may present 

15 significant risk of adverse health effects in humans. 

16 (e) ECOSYSTEM RESEARCH.— 

17 (1) IN GENERAL.—In carrying out subsection (a), the Administrator, 

18 in cooperation, where appropriate, with the Under Secretary of Com19 merce for Oceans and Atmosphere, the Director of the Fish and Wild20 life Service, and the Secretary of Agriculture, shall conduct a research 

21 program to improve understanding of the short-term and long-term 

22 causes, effects, and trends of ecosystems damage from air pollutants 

23 on ecosystems. 

24 (2) ELEMENTS.—The program shall include the following elements: 

25 (A) Identification of regionally representative and critical eco26 systems for research. 

27 (B) Evaluation of risks to ecosystems exposed to air pollutants, 

28 including characterization of the causes and effects of chronic and 

29 episodic exposures to air pollutants and determination of the re30 versibility of those effects. 

31 (C) Development of improved atmospheric dispersion models 

32 and monitoring systems and networks for evaluating and quanti33 fying exposure to and effects of multiple environmental stresses 

34 associated with air pollution. 

35 (D) Evaluation of the effects of air pollution on water quality, 

36 including assessments of the short-term and long-term ecological 

37 effects of acid deposition and other atmospherically derived pollut38 ants on surface water (including wetland and estuaries) and 

39 groundwater. 


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1 (E) Evaluation of the effects of air pollution on forests, mate2 rials, crops, biological diversity, soils, and other terrestrial and 

3 aquatic systems exposed to air pollutants. 

4 (F) Estimation of the associated economic costs of ecological 

5 damage that have occurred as a result of exposure to air pollut6 ants. 

7 (3) ESTUARINE RESEARCH RESERVES.—Consistent with the purpose 

8 of the program, the Administrator may use the estuarine research re9 serves established pursuant to section 315 of the Coastal Zone Manage10 ment Act of 1972 (16 U.S.C. 1461) to carry out the research. 

11 (f) LIQUEFIED GASEOUS FUELS SPILL TEST FACILITY.— 

12 (1) IN GENERAL.—The Administrator, in consultation with the Sec13 retary of Energy and the Federal Coordinating Council for Science, 

14 Engineering, and Technology, shall oversee an experimental and analyt15 ical research effort, with the experimental research to be carried out 

16 at the Liquefied Gaseous Fuels Spill Test Facility. 

17 (2) LIST OF CHEMICALS; SCHEDULE FOR FIELD TESTING.—In con18 sultation with the Secretary of Energy, the Administrator shall develop 

19 a list of chemicals and a schedule for field testing at the Liquefied Gas20 eous Fuels Spill Test Facility. 

21 (3) NUMBER OF CHEMICALS.—Analysis of a minimum of 10 chemi22 cals per year shall be carried out, with the selection of a minimum of 

23 2 chemicals for field testing each year. 

24 (4) PRIORITY.—Highest priority shall be given to chemicals that 

25 would present the greatest potential risk to human health as a result 

26 of an accidental release— 

27 (A) from a fixed site; or 

28 (B) related to the transport of the chemicals. 

29 (5) PURPOSE.—The purpose of the research shall be to— 

30 (A) develop improved predictive models for atmospheric disper31 sion that, at a minimum— 

32 (i) describe dense gas releases in complex terrain including 

33 man-made structures or obstacles with variable winds; 

34 (ii) improve understanding of the effects of turbulence on 

35 dispersion patterns; and 

36 (iii) consider realistic behavior of aerosols by including 

37 physicochemical reactions with water vapor, ground deposi38 tion, and removal by water spray; 

39 (B) evaluate existing and future atmospheric dispersion models 

40 by— 


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1 (i) the development of a rigorous, standardized method2 ology for dense gas models; and 

3 (ii) the application of the methodology to current dense gas 

4 dispersion models using data generated from field experi5 ments; and 

6 (C) evaluate the effectiveness of hazard mitigation and emer7 gency response technology for fixed site and transportation related 

8 accidental releases of toxic chemicals. 

9 (6) MODELS.—Models pertaining to accidental release shall be evalu10 ated and improved periodically for their utility in planning and imple11 menting evacuation procedures and other mitigative strategies designed 

12 to minimize human exposure to hazardous air pollutants released acci13 dentally. 

14 (7) USE OF FACILITY.—The Secretary of Energy shall make avail15 able to interested persons (including other Federal agencies and busi16 nesses) the use of the Liquefied Gaseous Fuels Spill Test Facility to 

17 conduct research and other activities in connection with the activities 

18 described in this subsection. 

19 (g) POLLUTION PREVENTION AND EMISSION CONTROL.— 

20 (1) IN GENERAL.—In carrying out subsection (a), the Administrator 

21 shall conduct a basic engineering research and technology program to 

22 develop, evaluate, and demonstrate nonregulatory strategies and tech23 nologies for air pollution prevention. 

24 (2) PRIORITY; PARTICIPATION.—The strategies and technologies 

25 shall be developed with priority on pollutants that pose a significant 

26 risk to human health and the environment, and with opportunities for 

27 participation by industry, public interest groups, scientists, and other 

28 interested persons in the development of the strategies and tech29 nologies. 

30 (3) ELEMENTS.— 

31 (A) IN GENERAL.—The program shall include the following ele32 ments: 

33 (i) Improvements in nonregulatory strategies and tech34 nologies for preventing or reducing multiple air pollutants, in35 cluding sulfur oxides, nitrogen oxides, heavy metals, PM–10 

36 (particulate matter), carbon monoxide, and carbon dioxide, 

37 from stationary sources, including fossil fuel powerplants. 

38 (ii) Improvements in nonregulatory strategies and tech39 nologies for reducing air emissions from area sources. 


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1 (iii) Improvements in nonregulatory strategies and tech2 nologies for preventing, detecting, and correcting accidental 

3 releases of hazardous air pollutants. 

4 (iv) Improvements in nonregulatory strategies and tech5 nologies that dispose of tires in ways that avoid adverse air 

6 quality impacts. 

7 (B) PREVENTION OR REDUCTION OF MULTIPLE AIR POLLUT8 ANTS.—The strategies and technologies described in subparagraph 

9 (A)(i) shall include improvements in the relative cost effectiveness 

10 and long-range implications of various air pollutant reduction and 

11 nonregulatory control strategies such as energy conservation, in12 cluding end-use efficiency, and fuel-switching to cleaner fuels. The 

13 strategies and technologies shall be considered for existing and 

14 new facilities. 

15 (4) EFFECT OF SUBSECTION.—Nothing in this subsection shall be 

16 construed to authorize the imposition on any person of air pollution 

17 control requirements. 

18 (5) CONSULTATION.—The Administrator shall consult with other ap19 propriate Federal agencies to ensure coordination and to avoid duplica20 tion of activities authorized under this subsection. 

21 (h) NIEHS STUDIES.— 

22 (1) BASIC RESEARCH PROGRAM.— 

23 (A) IN GENERAL.—The Director of the National Institute of 

24 Environmental Health Sciences may conduct a program of basic 

25 research to identify, characterize, and quantify risks to human 

26 health from air pollutants. 

27 (B) MEANS OF RESEARCH.—The research shall be conducted 

28 primarily through a combination of university and medical school29 based grants and through intramural studies and contracts. 

30 (2) PHYSICIAN EDUCATION AND TRAINING PROGRAM.—The Director 

31 of the National Institute of Environmental Health Sciences shall con32 duct a program for the education and training of physicians in environ33 mental health. 

34 (3) NO CONFLICT.—The Director shall ensure that the programs 

35 shall not conflict with research undertaken by the Administrator. 

36 (4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

37 be appropriated to the National Institute of Environmental Health 

38 Sciences such sums as are necessary to carry out this subsection. 

39 (i) COORDINATION OF RESEARCH.— 

40 (1) IN GENERAL.—The Administrator shall develop and implement 

41 a plan for identifying areas in which activities authorized under this 


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1 section can be carried out in conjunction with other Federal ecological 

2 and air pollution research efforts. 

3 (2) CONTENTS.—The plan shall include— 

4 (A) an assessment of ambient monitoring stations and networks 

5 to determine cost effective ways to expand monitoring capabilities 

6 in both urban and rural environments; 

7 (B) a consideration of the extent of the feasibility and scientific 

8 value of conducting the research program under subsection (e) to 

9 include consideration of the effects of atmospheric processes and 

10 air pollution effects; and 

11 (C) a methodology for evaluating and ranking pollution preven12 tion technologies, such as those developed under subsection (g), in 

13 terms of their ability to reduce cost-effectively the emissions of air 

14 pollutants and other airborne chemicals of concern. 

15 (3) REPORTS.—Every 4 years, the Administrator shall report to 

16 Congress on the progress made in implementing the plan developed 

17 under this subsection, and shall include in the report any revisions of 

18 the plan. 

19 (j) NATIONAL ACID PRECIPITATION ASSESSMENT PROGRAM.— 

20 (1) DEFINITIONS.—In this subsection: 

21 (A) ACID PRECIPITATION.—The term ‘‘acid precipitation’’ 

22 means the wet or dry deposition from the atmosphere of acid 

23 chemical compounds. 

24 (B) COMPREHENSIVE PLAN.—The term ‘‘comprehensive plan’’ 

25 means the comprehensive research plan prepared under paragraph 

26 (3). 

27 (C) TASK FORCE.—The term ‘‘Task Force’’ means the Acid 

28 Precipitation Task Force formed under paragraph (2). 

29 (2) TASK FORCE.—There shall be formed an Acid Precipitation Task 

30 Force consisting of the Administrator, the Secretary of Energy, the 

31 Secretary of the Interior, the Secretary of Agriculture, the Adminis32 trator of the National Oceanic and Atmospheric Administration, the 

33 Administrator of the National Aeronautics and Space Administration, 

34 and such additional members as the President may select. The Presi35 dent shall appoint a chairman for the Task Force from among its 

36 members. 

37 (3) CONVENING OF TASK FORCE.—The Task Force shall convene as 

38 necessary, but not less than twice during each fiscal year. 

39 (4) COMPREHENSIVE RESEARCH PLAN.— 

40 (A) IN GENERAL.—The Task Force shall prepare a comprehen41 sive research plan setting forth a coordinated program— 


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1 (i) to identify the causes and effects of acid precipitation; 

2 and 

3 (ii) to identify actions to limit or ameliorate the harmful 

4 effects of acid precipitation. 

5 (B) SCOPE.—The comprehensive plan shall include programs 

6 for— 

7 (i) identifying the sources of atmospheric emissions contrib8 uting to acid precipitation; 

9 (ii) establishing and operating a nationwide long-term mon10 itoring network to detect and measure levels of acid precipita11 tion; 

12 (iii) research in atmospheric physics and chemistry to fa13 cilitate understanding of the processes by which atmospheric 

14 emissions are transformed into acid precipitation; 

15 (iv) development and application of atmospheric transport 

16 models to enable prediction of long-range transport of sub17 stances causing acid precipitation; 

18 (v) defining geographic areas of impact through deposition 

19 monitoring, identification of sensitive areas, and identification 

20 of areas at risk; 

21 (vi) broadening of impact databases through collection of 

22 existing data on water and soil chemistry and through tem23 poral trend analysis; 

24 (vii) development of dose-response functions with respect to 

25 soils, soil organisms, aquatic and amphibious organisms, crop 

26 plants, and forest plants; 

27 (viii) establishing and carrying out system studies with re28 spect to plant physiology, aquatic ecosystems, soil chemistry 

29 systems, soil microbial systems, and forest ecosystems; 

30 (ix) economic assessments of— 

31 (I) the environmental impacts caused by acid precipi32 tation on crops, forests, fisheries, and recreational and 

33 aesthetic resources and structures; and 

34 (II) alternative technologies to remedy or otherwise 

35 ameliorate the harmful effects which may result from 

36 acid precipitation; 

37 (x) documenting all current Federal activities related to re38 search on acid precipitation and ensuring that those activities 

39 are coordinated in ways that prevent needless duplication and 

40 waste of financial and technical resources; 


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1 (xi) effecting cooperation in acid precipitation research and 

2 development programs, ongoing and planned, with the af3 fected and contributing States and with other sovereign na4 tions having a commonality of interest; 

5 (xii) subject to subparagraph (E)(i), management by the 

6 Task Force of financial resources committed to Federal acid 

7 precipitation research and development; 

8 (xiii) subject to subparagraph (E)(ii), management of the 

9 technical aspects of Federal acid precipitation research and 

10 development programs, including— 

11 (I) the planning and management of research and de12 velopment programs and projects; 

13 (II) the selection of contractors and grantees to carry 

14 out the programs and projects; and 

15 (III) the establishment of peer review procedures to 

16 ensure the quality of research and development programs 

17 and their products; and 

18 (xiv) analyzing the information available regarding acid 

19 precipitation in order to present periodic recommendations to 

20 Congress and the appropriate agencies about actions to be 

21 taken by Congress and the agencies to alleviate acid precipita22 tion and its effects. 

23 (C) BASIS FOR AUTHORIZATIONS AND APPROPRIATIONS.—The 

24 comprehensive plan shall constitute the basis on which requests for 

25 authorizations and appropriations are to be made. 

26 (D) IMPLEMENTATION.—The comprehensive plan— 

27 (i) shall be carried out in accordance with, and meet the 

28 program objectives specified in, clauses (i) through (xi) of 

29 subparagraph (B); 

30 (ii) shall be managed in accordance with clauses (xii) 

31 through (xiv) of subparagraph (B); and 

32 (iii) shall be funded by annual appropriations, subject to 

33 annual authorizations. 

34 (E) RULES OF CONSTRUCTION.— 

35 (i) MANAGEMENT OF FINANCIAL RESOURCES.—Subpara36 graph (B)(xii) shall not be construed as modifying, or as au37 thorizing the Task Force or the comprehensive plan to mod38 ify, any provision of an appropriation Act (or any other provi39 sion of law relating to the use of appropriated funds) that 

40 specifies— 


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1 (I) the department or agency to which funds are ap2 propriated; or 

3 (II) the obligations of a department or agency with re4 spect to the use of those funds. 

5 (ii) MANAGEMENT OF TECHNICAL ASPECTS OF PRO6 GRAMS.—Subparagraph (B)(xiii) shall not be construed as 

7 modifying, or as authorizing the Task Force or the com8 prehensive plan to modify, any provision of law relating to or 

9 involving a department or agency that specifies— 

10 (I) procurement practices for the selection, award, or 

11 management of contracts or grants by the department or 

12 agency; or 

13 (II) program activities, limitations, obligations, or re14 sponsibilities of the department or agency. 

15 (5) OTHER RESPONSIBILITIES OF THE TASK FORCE.— 

16 (A) IN GENERAL.—The responsibilities of the Task Force shall 

17 include the following: 

18 (i) Coordination with participating Federal agencies, aug19 menting the agencies’ research and monitoring efforts and 

20 sponsoring additional research in the scientific community as 

21 necessary to ensure the availability and quality of data and 

22 methodologies needed to evaluate the status and effectiveness 

23 of the acid deposition control program. 

24 (ii) Publication and maintenance of a national acid lakes 

25 registry that tracks the condition and change over time of a 

26 statistically representative sample of lakes in regions that are 

27 known to be sensitive to surface water acidification. 

28 (iii) Biennial submission of a unified budget recommenda29 tion to the President for activities of the Federal Government 

30 in connection with the research program described in this 

31 subsection. 

32 (iv) Biennial submission of a report to Congress describing 

33 the results of the Task Force’s investigations and analyses. 

34 (B) RESEARCH AND MONITORING EFFORTS.—Research and 

35 monitoring efforts under subparagraph (A)(i) shall include— 

36 (i) continuous monitoring of emissions of precursors of acid 

37 deposition; 

38 (ii) maintenance, upgrading, and application of models, 

39 such as the Regional Acid Deposition Model, that describe the 

40 interactions of emissions with the atmosphere, and models 


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1 that describe the response of ecosystems to acid deposition; 

2 and 

3 (iii) analysis of the costs, benefits, and effectiveness of the 

4 acid deposition control program. 

5 (C) REPORTS.— 

6 (i) TECHNICAL INFORMATION.—The reporting of technical 

7 information about acid deposition in a report under subpara8 graph (A)(iv) shall be provided in a format that facilitates 

9 communication with policymakers and the public. 

10 (ii) CONTENTS OF BIENNIAL REPORT.—A report under 

11 subparagraph (A)(iv) shall include— 

12 (I) actual and projected emissions and acid deposition 

13 trends; 

14 (II) average ambient concentrations of acid deposition 

15 precursors and their transformation products; 

16 (III) the status of ecosystems (including forests and 

17 surface water), materials, and visibility affected by acid 

18 deposition; 

19 (IV) the causes and effects of such deposition, includ20 ing changes in surface water quality and forest and soil 

21 conditions; 

22 (V) the occurrence and effects of episodic acidification, 

23 particularly with respect to high elevation watersheds; 

24 and 

25 (VI) the confidence level associated with each conclu26 sion to aid policymakers in use of the information. 

27 (iii) ADDITIONAL CONTENTS OF QUADRENNIAL REPORT.— 

28 Every 4 years, a report under subparagraph (A)(iv) shall in29 clude— 

30 (I) the reduction in deposition rates that must be 

31 achieved to prevent adverse ecological effects; and 

32 (II) the costs and benefits of the acid deposition con33 trol program created by subdivision 5. 

34 (6) EFFECT OF SUBSECTION.—Nothing in this subsection shall be 

35 deemed to— 

36 (A) grant any new regulatory authority; 

37 (B) limit, expand, or otherwise modify any regulatory authority 

38 under existing law; or 

39 (C) establish new criteria, standards, or requirements for regu40 lation under existing law. 

41 (k) AIR POLLUTION CONFERENCES.— 


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1 (1) IN GENERAL.—If, in the judgment of the Administrator, an air 

2 pollution problem of substantial significance may result from discharge 

3 or discharges into the atmosphere, the Administrator may call a con4 ference concerning the potential air pollution problem to be held in or 

5 near 1 or more of the places where the discharge or discharges are oc6 curring or will occur. 

7 (2) OPPORTUNITY TO BE HEARD.—All interested persons shall be 

8 given an opportunity to be heard at a conference under paragraph (1), 

9 orally or in writing, and shall be permitted to appear in person or by 

10 representative in accordance with procedures prescribed by the Admin11 istrator. 

12 (3) FINDINGS.— 

13 (A) IN GENERAL.—If the Administrator finds, on the basis of 

14 the evidence presented at a conference, that the discharge or dis15 charges if permitted to take place or continue are likely to cause 

16 or contribute to air pollution subject to abatement under this part, 

17 the Administrator shall send the findings, together with rec18 ommendations concerning the measures that the Administrator 

19 finds reasonable and suitable to prevent the pollution, to— 

20 (i) the person or persons whose actions will result in the 

21 discharge or discharges; 

22 (ii) air pollution agencies of the State or States and of the 

23 municipality or municipalities where the discharge or dis24 charges will originate; and 

25 (iii) the interstate air pollution control agency, if any, in 

26 the jurisdictional area of which any such municipality is lo27 cated. 

28 (B) EFFECT.—Findings and recommendations under subpara29 graph (A) shall be advisory only, but shall be admitted with the 

30 record of the conference as part of the proceedings under sub31 sections (b), (c), (d), (e), and (f) of section 211108 of this title. 

32 § 211104. Research relating to fuels and vehicles 

33 (a) IN GENERAL.— 

34 (1) SPECIAL EMPHASIS.—The Administrator shall give special em35 phasis to research and development into new and improved methods, 

36 having industry-wide application, for the prevention and control of air 

37 pollution resulting from the combustion of fuels. 

38 (2) ACTIVITIES.—In furtherance of research and development under 

39 paragraph (1), the Administrator shall— 

40 (A) conduct and accelerate research programs directed toward 

41 development of improved, cost-effective techniques for— 


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1 (i) control of combustion byproducts of fuels; 

2 (ii) removal of potential air pollutants from fuels prior to 

3 combustion; 

4 (iii) control of emissions from the evaporation of fuels; 

5 (iv) improving the efficiency of fuels combustion so as to 

6 decrease atmospheric emissions; and 

7 (v) producing synthetic or new fuels that, when used, result 

8 in decreased atmospheric emissions; 

9 (B) provide for Federal grants to public or nonprofit agencies, 

10 institutions, and organizations and to individuals, and contracts 

11 with public or private agencies, institutions, or persons, for pay12 ment of— 

13 (i) part of the cost of acquiring, constructing, or otherwise 

14 securing for research and development purposes, new or im15 proved devices or methods having industrywide application of 

16 preventing or controlling discharges into the air of various 

17 types of pollutants; 

18 (ii) part of the cost of programs to develop low emission 

19 alternatives to the present internal combustion engine; 

20 (iii) the cost to purchase vehicles and vehicle engines, or 

21 portions thereof, for research, development, and testing pur22 poses; and 

23 (iv) carrying out the other provisions of this section, with24 out regard to subsection (a) or (b) of section 3324 of title 31 

25 or section 6101 of title 5; 

26 (C) determine, by laboratory and pilot plant testing, the results 

27 of air pollution research and studies in order to develop new or 

28 improved processes and plant designs to the point where the proc29 esses and plant designs can be demonstrated on a large and prac30 tical scale; 

31 (D) construct, operate, and maintain, or assist in meeting the 

32 cost of the construction, operation, and maintenance of, new or 

33 improved demonstration plants or processes that have promise of 

34 accomplishing the purposes of this division; and 

35 (E) study new or improved methods for the recovery and mar36 keting of commercially valuable byproducts resulting from the re37 moval of pollutants. 

38 (3) RESEARCH OR DEMONSTRATION CONTRACTS.—A research or 

39 demonstration contract awarded pursuant to this subsection (including 

40 a contract for construction) may be made in accordance with, and sub41 ject to the limitations provided with respect to research contracts of the 


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1 military departments in, section 2353 of title 10, except that the deter2 mination, approval, and certification required by that subsection shall 

3 be made by the Administrator. 

4 (4) LIMITATION ON GRANT AMOUNT.—No grant may be made under 

5 paragraph (2)(B) in excess of $1,500,000. 

6 (b) POWERS OF ADMINISTRATOR.—In carrying out this section, the Ad7 ministrator may— 

8 (1) conduct and accelerate research and development of cost-effective 

9 instrumentation techniques to facilitate determination of the quantity 

10 and quality of air pollutant emissions, including automotive emissions; 

11 (2) utilize, on a reimbursable basis, the facilities of existing Federal 

12 scientific laboratories; 

13 (3) establish and operate necessary facilities and test sites at which 

14 to carry on the research, testing, development, and programming nec15 essary to effectuate this section; 

16 (4) acquire secret processes, technical data, inventions, patent appli17 cations, patents, licenses, and interests in land, plants, and facilities, 

18 and other property or rights by purchase, license, lease, or donation; 

19 and 

20 (5) cause on-site inspections to be made of promising domestic and 

21 foreign projects, and cooperate and participate in their development in 

22 instances in which the purposes of this division will be served thereby. 

23 (c) CLEAN ALTERNATIVE FUELS.—The Administrator shall conduct a re24 search program to identify, characterize, and predict air emissions related 

25 to the production, distribution, storage, and use of clean alternative fuels 

26 to determine the risks and benefits to human health and the environment 

27 relative to those from using conventional gasoline and diesel fuels. The Ad28 ministrator shall consult with other Federal agencies to ensure coordination 

29 and to avoid duplication of activities authorized under this subsection. 

30 § 211105. Grants for support of air pollution planning and 

31 control programs 

32 (a) DEFINITION OF IMPLEMENT.—In this section, the term ‘‘implement’’, 

33 in the context of implementation of a program or of a primary or secondary 

34 NAAQS, means to engage in any activity related to the planning, devel35 oping, establishing, carrying out, improving, or maintaining of the program 

36 or primary or secondary NAAQS. 

37 (b) IN GENERAL.— 

38 (1) GRANTS.— 

39 (A) IN GENERAL.—The Administrator may make a grant to an 

40 air pollution control agency described in subparagraph (A), (B), 

41 (C), (D), or (E) of section 201101 of this title in an amount up 


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to 3 1 ⁄5 of the cost of implementing programs for the prevention and 

2 control of air pollution or implementation of primary and sec3 ondary NAAQSes. 

4 (B) FAILURE TO CONTRIBUTE MINIMUM REQUIRED AMOUNT.— 

5 Subject to subsections (c) and (d), an air pollution control agency 

6 that receives a grant under subparagraph (A) shall contribute the 

required 2 7 ⁄5 minimum. If an air pollution control agency fails to 

8 meet and maintain the required level, the Administrator shall re9 duce the amount of the Federal contribution accordingly. 

10 (C) AIR QUALITY CONTROL REGIONS OR PORTIONS THEREOF

11 FOR WHICH THERE IS AN APPLICABLE IMPLEMENTATION PLAN.— 

12 With respect to any air quality control region or portion thereof 

13 for which there is an applicable implementation plan under section 

14 211110 of this title, a grant under subparagraph (A) may be 

15 made only to an air pollution control agency that has substantial 

16 responsibilities for carrying out the applicable implementation 

17 plan. 

18 (2) AIR POLLUTION CONTROL AGENCIES ESTABLISHED BY 2 OR

19 MORE STATES OR MUNICIPALITIES.—Before approving any grant under 

20 this subsection to any air pollution control agency described in sub21 paragraph (B) or (D) of section 201101(2) of this title, the Adminis22 trator shall receive assurances that the air pollution control agency— 

23 (A) provides for adequate representation of appropriate State, 

24 interstate, local, and (when appropriate) international interests in 

25 the air quality control region; and 

26 (B) has the capability of developing a comprehensive air quality 

27 plan for the air quality control region, which plan shall include— 

28 (i) (when appropriate) a recommended system of alerts to 

29 avert and reduce the risk of situations in which there may be 

30 imminent and serious danger to the public health or welfare 

31 from air pollutants; and 

32 (ii) the various aspects relevant to the establishment of air 

33 quality standards for that air quality control region, including 

34 the concentration of industries, other commercial establish35 ments, population, and naturally occurring factors that affect 

36 those air quality standards. 

37 (c) TERMS AND CONDITIONS; LIMITATION ON GRANT AMOUNTS.— 

38 (1) TERMS AND CONDITIONS.—From the sums available for the pur39 poses of subsection (b) for any fiscal year, the Administrator shall from 

40 time to time make grants to air pollution control agencies on such 

41 terms and conditions as the Administrator may find necessary to carry 


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1 out this section. In establishing regulations for the granting of such 

2 funds the Administrator shall, so far as practicable, give due consider3 ation to— 

4 (A) the population; 

5 (B) the extent of the actual or potential air pollution problem; 

6 and 

7 (C) the financial need of the respective air pollution control 

8 agencies. 

9 (2) LIMITATION ON GRANT AMOUNTS.—Not more than 10 percent of 

10 the total of funds appropriated or allocated for the purposes of sub11 section (b) shall be granted for programs in any 1 State. In the case 

12 of a grant for a program in an area crossing State boundaries, the Ad13 ministrator shall determine the portion of the grant that is chargeable 

14 to the percentage limitation under this subsection for each State into 

15 which the area extends. 

16 (3) MINIMUM AMOUNT.—Subject to paragraph (1), no State shall 

17 have made available to it for application less than 0.5 percent of the 

18 annual appropriation for grants under this section for grants to air pol19 lution control agencies within the State. 

20 (d) MAINTENANCE OF EFFORT.— 

21 (1) EXPENDITURES.— 

22 (A) IN GENERAL.—Except as provided in paragraph (2), no air 

23 pollution control agency shall receive any grant under this section 

24 during any fiscal year when its expenditures of non-Federal funds 

25 for recurrent expenditures for air pollution control programs will 

26 be less than its expenditures were for such programs during the 

27 preceding fiscal year. In order for the Administrator to award 

28 grants under this section in a timely manner each fiscal year, the 

29 Administrator shall compare an air pollution control agency’s pro30 spective expenditure level to that of its 2d preceding fiscal year. 

31 (B) CONSIDERATION OF EXEMPTIONS.—In prescribing regula32 tions that define applicable nonrecurrent and recurrent expendi33 tures, the Administrator shall give due consideration to exempting 

34 an air pollution control agency from the limitations of this para35 graph and subsection (b) due to increases experienced by that air 

36 pollution control agency from time to time in its annual expendi37 tures for purposes acceptable to the Administrator for that fiscal 

38 year. 

39 (2) NONSELECTIVE REDUCTION IN EXPENDITURES.—The Adminis40 trator may award a grant to an air pollution control agency that does 

41 not meet the requirements of paragraph (1) if the Administrator, after 


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1 notice and opportunity for public hearing, determines that a reduction 

2 in expenditures is attributable to a nonselective reduction in the ex3 penditures in the programs of all executive branch agencies of the ap4 plicable unit of government. 

5 (3) USE TO SUPPLEMENT OR INCREASE NON-FEDERAL FUNDS.—No 

6 air pollution control agency shall receive any grant under this section 

7 with respect to the maintenance of a program for the prevention and 

8 control of air pollution unless the Administrator is satisfied that such 

9 a grant will be used to supplement and, to the extent practicable, in10 crease the level of State, local, or other non-Federal funds. 

11 (4) CONSULTATION.—No grant shall be made under this section 

12 until the Administrator has consulted with the appropriate official as 

13 designated by the Governor or Governors of the State or States af14 fected. 

15 (e) REDUCTION OF PAYMENTS.—The Administrator, with the concur16 rence of any recipient of a grant under this section, may reduce the pay17 ments to the recipient by the amount of the pay, allowances, traveling ex18 penses, and any other costs in connection with the detail of any officer or 

19 employee to the recipient under section 203101 of this title, when the detail 

20 is for the convenience of, and at the request of, the recipient and for the 

21 purpose of carrying out this division. The amount by which such payments 

22 have been reduced shall be available for payment of such costs by the Ad23 ministrator, but shall, for the purpose of determining the amount of any 

24 grant to a recipient under subsection (b), be deemed to have been paid to 

25 the recipient. 

26 (f) NOTICE AND OPPORTUNITY FOR HEARING.—No application by a 

27 State for a grant under this section may be disapproved by the Adminis28 trator without prior notice and opportunity for a public hearing in the af29 fected State, and no commitment or obligation of any funds under any such 

30 grant may be revoked or reduced without prior notice and opportunity for 

31 a public hearing in the affected State (or in 1 of the affected States if more 

32 than 1 State is affected). 

33 § 211106. Interstate air quality agencies 

34 (a) IN GENERAL.—For the purpose of developing implementation plans 

35 for any interstate air quality control region designated pursuant to section 

36 211107 of this title or of implementing section 215108 or 215205 of this 

37 title, the Administrator may pay, for 2 years, up to 100 percent of the air 

38 quality planning program costs of— 

39 (1) any commission established under either of those sections; or 

40 (2) any agency designated by the Governors of the affected States, 

41 which agency— 


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1 (A) shall be capable of recommending to the Governors plans 

2 for implementation of primary and secondary NAAQSes; and 

3 (B) shall include representation from the States and appropriate 

4 political subdivisions within the air quality control region. 

5 (b) SUBSEQUENT YEARS.—After the initial 2-year period, the Adminis6 trator may make grants to a commission or agency described in subsection 

(a) in an amount up to 3 7 ⁄5 of the air quality implementation program costs 

8 of the commission or agency. 

9 § 211107. Air quality control regions 

10 (a) STATE RESPONSIBILITY.—Each State shall have the primary respon11 sibility for ensuring air quality within the entire geographic area comprising 

12 the State by submitting an implementation plan for the State that specifies 

13 the manner in which primary and secondary NAAQSes will be achieved and 

14 maintained within each air quality control region in the State. 

15 (b) DESIGNATED AIR QUALITY CONTROL REGIONS.—For purposes of de16 veloping and carrying out State implementation plans under section 211110 

17 of this title— 

18 (1) an air quality control region designated under this section before 

19 December 31, 1970, or a region designated after that date under sub20 section (c), shall be an air quality control region; and 

21 (2) the portion of a State that is not part of any such designated 

22 region shall be an air quality control region, but that portion may be 

23 subdivided by the State into 2 or more air quality control regions with 

24 the approval of the Administrator. 

25 (c) DESIGNATION BY THE ADMINISTRATOR.—After consultation with ap26 propriate State and local authorities, the Administrator shall designate as 

27 an air quality control region any interstate area or major intrastate area 

28 that the Administrator considers necessary or appropriate for the attain29 ment and maintenance of ambient air quality standards. The Administrator 

30 shall immediately notify the Governors of the affected States of any designa31 tion made under this subsection. 

32 (d) DESIGNATIONS.— 

33 (1) DESIGNATIONS GENERALLY.— 

34 (A) SUBMISSION BY GOVERNORS OF INITIAL DESIGNATIONS

35 FOLLOWING PROMULGATION OF NEW OR REVISED STANDARDS.— 

36 (i) IN GENERAL.—By such date as the Administrator may 

37 reasonably require, but not later than 1 year after promulga38 tion of a new or revised NAAQS for any pollutant under sec39 tion 211109 of this title, the Governor of each State shall 

40 (and at any other time the Governor of a State considers ap41 propriate the Governor may) submit to the Administrator a 


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1 list of all areas (or portions thereof) in the State, designating 

2 as— 

3 (I) nonattainment, any area that does not meet (or 

4 that contributes to ambient air quality in a nearby area 

5 that does not meet) the primary or secondary NAAQS 

6 for the pollutant; 

7 (II) attainment, any area (other than an area identi8 fied in subclause (I)) that meets the primary or sec9 ondary NAAQS for the pollutant; or 

10 (III) unclassifiable, any area that cannot be classified 

11 on the basis of available information as meeting or not 

12 meeting the primary or secondary NAAQS for the pollut13 ant. 

14 (ii) TIMING.—The Administrator may not require a Gov15 ernor to submit a list required under clause (i) sooner than 

16 120 days after promulgating a new or revised NAAQS. 

17 (B) PROMULGATION OF DESIGNATIONS BY THE ADMINIS18 TRATOR.— 

19 (i) IN GENERAL.—On promulgation or revision of a 

20 NAAQS, the Administrator shall promulgate the designations 

21 of all areas (or portions thereof) submitted under subpara22 graph (A) as expeditiously as practicable, but in no case later 

23 than 2 years after the date of promulgation of the new or re24 vised NAAQS. The 2-year period may be extended for up to 

25 1 year if the Administrator has insufficient information to 

26 promulgate the designations. 

27 (ii) MODIFICATIONS.—In making the promulgations re28 quired under clause (i), the Administrator may make such 

29 modifications as the Administrator considers necessary to the 

30 designations of the areas (or portions thereof) submitted 

31 under subparagraph (A)(i) (including to the boundaries of the 

32 areas or portions thereof). Whenever the Administrator in33 tends to make a modification, the Administrator shall notify 

34 the State and provide the State with an opportunity to dem35 onstrate why any proposed modification is inappropriate. The 

36 Administrator shall give the notification not later than 120 

37 days before the date the Administrator promulgates the des38 ignation, including any modification to the designation. If the 

39 Governor fails to submit the list in whole or in part, as re40 quired under subparagraph (A), the Administrator shall pro41 mulgate the designation that the Administrator considers apVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 propriate for any area (or portion thereof) not designated by 

2 the State. 

3 (iii) SUBMISSION OF LIST ON GOVERNOR’S OWN MOTION.— 

4 If the Governor of any State, on the Governor’s own motion, 

5 submits a list of areas (or portions thereof) in the State des6 ignated as nonattainment, attainment, or unclassifiable, the 

7 Administrator shall act on the designations in accordance 

8 with the procedures under paragraph (3). 

9 (iv) EFFECTIVE PERIOD.—A designation for an area (or 

10 portion thereof) made pursuant to this subsection shall re11 main in effect until the area (or portion thereof) is redesig12 nated pursuant to paragraph (3) or (4). 

13 (C) DESIGNATIONS BY OPERATION OF LAW.— 

14 (i) NONATTAINMENT.—Any area designated with respect to 

15 any air pollutant under subparagraph (A), (B), or (C) of sec16 tion 107(d)(1) of the Clean Air Act (42 U.S.C. 7407(d)(1)) 

17 (as in effect on November 14, 1990) is designated, by oper18 ation of law, as a nonattainment area for that air pollutant 

19 within the meaning of subparagraph (A)(i)(I). 

20 (ii) ATTAINMENT.—Any area designated with respect to 

21 any air pollutant under subparagraph (E) of section 

22 107(d)(1) of the Clean Air Act (42 U.S.C. 7407(d)(1)) (as 

23 in effect on November 14, 1990) is designated by operation 

24 of law, as an attainment area for that air pollutant within the 

25 meaning of subparagraph (A)(i)(II). 

26 (iii) UNCLASSIFIABLE.—Any area designated with respect 

27 to any air pollutant under subparagraph (D) of section 

28 107(d)(1) of the Clean Air Act (42 U.S.C. 7407(d)(1)) (as 

29 in effect on November 14, 1990) is designated, by operation 

30 of law, as an unclassifiable area for that air pollutant within 

31 the meaning of subparagraph (A)(i)(III). 

32 (2) PUBLICATION OF DESIGNATIONS AND REDESIGNATIONS.— 

33 (A) NOTICE.—The Administrator shall publish a notice in the 

34 Federal Register promulgating any designation under paragraph 

35 (1) or (5), announcing any designation under paragraph (4), or 

36 promulgating any redesignation under paragraph (3). 

37 (B) NONAPPLICABILITY OF OTHER LAW.—Promulgation or an38 nouncement of a designation under paragraph (1), (4) or (5) shall 

39 not be subject to sections 553 to 557 of title 5, except that noth40 ing in this subparagraph shall be construed as precluding such 

41 public notice and comment whenever possible. 


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1 (3) REDESIGNATION.— 

2 (A) NOTIFICATION.—Subject to subparagraph (E), on the basis 

3 of air quality data, planning and control considerations, or any 

4 other air quality-related considerations that the Administrator con5 siders appropriate, the Administrator may at any time publicly no6 tify the Governor of any State that available information indicates 

7 that the designation of any area or portion of an area within the 

8 State or interstate area should be revised. In issuing such a notifi9 cation to the Governor, the Administrator shall provide such infor10 mation as the Administrator may have available explaining the 

11 basis for the notification. 

12 (B) SUBMISSION OF REDESIGNATION.—Not later than 120 days 

13 after receiving a notification under subparagraph (A), the Gov14 ernor shall submit to the Administrator such redesignation, if any, 

15 of the appropriate area (or areas) or portion thereof within the 

16 State or interstate area, as the Governor considers appropriate. 

17 (C) PROMULGATION OF REDESIGNATION.—Not later than 120 

18 days after the date described in subparagraph (B) (or paragraph 

19 (1)(B)(iii)), the Administrator shall promulgate the redesignation, 

20 if any, of the area or portion thereof, submitted by the Governor 

21 in accordance with subparagraph (B), making such modifications 

22 as the Administrator considers necessary, in the same manner and 

23 under the same procedure as is applicable under clause (ii) of 

24 paragraph (1)(B), except that ‘‘60 days’’ shall be substituted for 

25 ‘‘120 days’’ in that clause. If the Governor does not submit, in ac26 cordance with subparagraph (B), a redesignation for an area (or 

27 portion thereof) identified by the Administrator under subpara28 graph (A), the Administrator shall promulgate such redesignation, 

29 if any, as the Administrator considers appropriate. 

30 (D) REDESIGNATION ON GOVERNOR’S OWN MOTION.—The Gov31 ernor of any State may, on the Governor’s own motion, submit to 

32 the Administrator a revised designation of any area or portion 

33 thereof within the State. Within 18 months after receipt of a com34 plete State redesignation submittal, the Administrator shall ap35 prove or deny the redesignation. The submission of a redesignation 

36 by a Governor shall not affect the effectiveness or enforceability 

37 of the applicable State implementation plan. 

38 (E) REDESIGNATION OF NONATTAINMENT TO ATTAINMENT.— 

39 The Administrator may not promulgate a redesignation of a non40 attainment area (or portion thereof) to attainment unless— 


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1 (i) the Administrator determines that the area has attained 

2 the NAAQS; 

3 (ii) the Administrator has fully approved the applicable 

4 State implementation plan for the area under section 

5 211110(i) of this title; 

6 (iii) the Administrator determines that the improvement in 

7 air quality is due to permanent and enforceable reductions in 

8 emissions resulting from implementation of the applicable 

9 State implementation plan and applicable Federal air pollut10 ant control regulations and other permanent and enforceable 

11 reductions; 

12 (iv) the Administrator has fully approved a maintenance 

13 plan for the area as meeting the requirements of section 

14 215106 of this title; and 

15 (v) the State containing the area has met all requirements 

16 applicable to the area under section 211110 of this title and 

17 chapter 215. 

18 (F) NO REDESIGNATION FROM NONATTAINMENT TO

19 UNCLASSIFIABLE.—The Administrator shall not promulgate any 

20 redesignation of any area (or portion thereof) from nonattainment 

21 to unclassifiable. 

22 (4) NONATTAINMENT DESIGNATIONS FOR OZONE, CARBON MON23 OXIDE, AND PARTICULATE MATTER (PM–10).— 

24 (A) OZONE AND CARBON MONOXIDE.— 

25 (i) SUBMISSIONS BY GOVERNORS.—The Governor of each 

26 State shall submit to the Administrator a list that designates, 

27 affirms or reaffirms the designation of, or redesignates all 

28 areas (or portions thereof) of the Governor’s State as attain29 ment, nonattainment, or unclassifiable with respect to the 

30 NAAQSes for ozone and carbon monoxide. 

31 (ii) PROMULGATION.—The Administrator shall promulgate 

32 the designations required under clause (i), making such modi33 fications as the Administrator considers necessary, in the 

34 same manner and under the same procedure as is applicable 

35 under clause (ii) of paragraph (1)(B), except that ‘‘60 days’’ 

36 shall be substituted for ‘‘120 days’’ in that clause. If the Gov37 ernor does not submit, in accordance with clause (i) of this 

38 subparagraph, a designation for an area (or portion thereof), 

39 the Administrator shall promulgate the designation that the 

40 Administrator considers appropriate. 


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1 (iii) NO REDESIGNATION AS ATTAINMENT.—No nonattain2 ment area may be redesignated as an attainment area under 

3 this subparagraph. 

4 (iv) AREAS CLASSIFIED AS A SERIOUS AREA, SEVERE AREA, 

5 OR EXTREME AREA.—Notwithstanding paragraph (1)(C)(ii), 

6 if an ozone or carbon monoxide nonattainment area located 

7 within a metropolitan statistical area or consolidated metro8 politan statistical area (as established by the Bureau of the 

9 Census) is classified under chapter 215 as a serious area, se10 vere area, or extreme area, the boundaries of the area are re11 vised (on the date that is 45 days after such classification) 

12 by operation of law to include the entire metropolitan statis13 tical area or consolidated metropolitan statistical area, as the 

14 case may be, unless within that 45-day period the Governor 

15 (in consultation with State and local air pollution control 

16 agencies) notifies the Administrator that additional time is 

17 necessary to evaluate the application of clause (v). When a 

18 Governor has submitted such a notice to the Administrator, 

19 the boundary revision shall occur on the date that is 8 

20 months after the date of the classification unless the Gov21 ernor makes the finding described in clause (v), and the Ad22 ministrator concurs in the finding, within that period. Except 

23 as otherwise provided in this paragraph, a boundary revision 

24 under this clause or clause (v) shall apply for purposes of any 

25 State implementation plan revision. 

26 (v) EXCLUSION OF PORTION OF AREA.—Whenever the Gov27 ernor of a State has submitted a notice under clause (iv), the 

28 Governor, in consultation with State and local air pollution 

29 control agencies, shall undertake a study to evaluate whether 

30 the entire metropolitan statistical area or consolidated metro31 politan statistical area should be included within the non32 attainment area. Whenever a Governor finds and dem33 onstrates to the satisfaction of the Administrator, and the 

34 Administrator concurs in the finding, that with respect to a 

35 portion of a metropolitan statistical area or consolidated met36 ropolitan statistical area, sources in the portion do not con37 tribute significantly to violation of the NAAQS, the Adminis38 trator shall approve the Governor’s request to exclude that 

39 portion from the nonattainment area. In making the finding, 

40 the Governor and the Administrator shall consider factors 

41 such as population density, traffic congestion, commercial deVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 velopment, industrial development, meteorological conditions, 

2 and pollution transport. 

3 (B) PM–10 DESIGNATIONS.— 

4 (i) IN GENERAL.—By operation of law, until redesignation 

5 by the Administrator pursuant to paragraph (3)— 

6 (I) each area identified in 52 Fed. Reg. 29383 (Au7 gust 7, 1987) as a Group I area (except to the extent 

8 that such identification was modified by the Adminis9 trator before November 15, 1990) is designated non10 attainment for PM–10; 

11 (II) any area containing a site for which air quality 

12 monitoring data show a violation of the NAAQS for PM– 

13 10 before January 1, 1989 (as determined under part 

14 50, appendix K of title 40, Code of Federal Regulations), 

15 is designated nonattainment for PM–10; and 

16 (III) each area not described in subclause (I) or (II) 

17 is designated unclassifiable for PM–10. 

18 (ii) CONTINUANCE IN EFFECT OF CERTAIN DESIGNA19 TIONS.—Any designation for particulate matter (measured in 

20 terms of total suspended particulates) that the Administrator 

21 promulgated pursuant to section 107(d) of the Clean Air Act 

22 (42 U.S.C. 7407(d)) (as in effect on November 14, 1990) 

23 shall remain in effect for purposes of implementing the max24 imum allowable increases in concentrations of particulate 

25 matter (measured in terms of total suspended particulates) 

26 pursuant to section 213105(b) of this title, until the Adminis27 trator determines that such designation is no longer necessary 

28 for that purpose. 

29 (5) DESIGNATIONS FOR LEAD.—The Administrator may, at any time 

30 that the Administrator considers appropriate, require a State to des31 ignate areas (or portions thereof) with respect to the NAAQS for lead 

32 in effect as of November 15, 1990, in accordance with the procedures 

33 under subparagraphs (A) and (B) of paragraph (1), except that in ap34 plying subparagraph (B)(i) of paragraph (1), the phrase ‘‘2 years after 

35 the date of promulgation of the new or revised NAAQS’’ shall be re36 placed by the phrase ‘‘1 year after the date on which the Administrator 

37 notifies the State of the requirement to designate areas with respect 

38 to the NAAQS for lead’’. 

39 (6) DESIGNATIONS FOR JULY 1997 PM2.5 NAAQS.— 

40 (A) SUBMISSION.—Notwithstanding any other provision of law, 

41 the Governor of each State shall submit designations described in 


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1 paragraph (1) for the July 1997 PM2.5 NAAQSes for each area 

2 within the State, based on air quality monitoring data collected in 

3 accordance with any applicable Federal reference methods for the 

4 relevant areas. 

5 (B) PROMULGATION.—Notwithstanding any other provision of 

6 law, the Administrator shall, consistent with paragraph (1), pro7 mulgate the designations described in subparagraph (A) for each 

8 area of each State for the July 1997 PM2.5 NAAQSes. 

9 (7) IMPLEMENTATION PLAN FOR REGIONAL HAZE.— 

10 (A) IN GENERAL.—Notwithstanding any other provision of law, 

11 not later than 3 years after the date on which the Administrator 

12 promulgates the designations described in paragraph (6)(B) for a 

13 State, the State shall submit, for the entire State, the State imple14 mentation plan revisions to meet the requirements promulgated by 

15 the Administrator under section 213202(e)(1) of this title (re16 ferred to in this paragraph as ‘‘regional haze requirements’’). 

17 (B) NO PRECLUSION OF OTHER PROVISIONS.—Nothing in this 

18 paragraph precludes the implementation of the agreements and 

19 recommendations stemming from the Grand Canyon Visibility 

20 Transport Commission Report dated June 1996, including the 

21 submission of State implementation plan revisions by the States 

22 of Arizona, California, Colorado, Idaho, Nevada, New Mexico, Or23 egon, Utah, or Wyoming for implementation of regional haze re24 quirements applicable to those States. 

25 (e) REDESIGNATION OF AIR QUALITY CONTROL REGIONS.— 

26 (1) IN GENERAL.—Except as otherwise provided in paragraph (2), 

27 the Governor of each State may, with the approval of the Adminis28 trator, redesignate from time to time the air quality control regions 

29 within the State for purposes of efficient and effective air quality man30 agement. On such redesignation, the list under subsection (d) shall be 

31 modified accordingly. 

32 (2) SIGNIFICANT EFFECT ON AIR POLLUTION CONCENTRATIONS IN

33 ANOTHER STATE.—In the case of an air quality control region in a 

34 State, or part of an air quality control region, that the Administrator 

35 finds may significantly affect air pollution concentrations in another 

36 State, the Governor of the State in which that region or part of a re37 gion is located may redesignate from time to time the boundaries of 

38 so much of the air quality control region as is located within that State 

39 only with the approval of the Administrator and with the consent of 

40 all Governors of all States that the Administrator determines may be 

41 significantly affected. 


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1 § 211108. Air quality criteria and control techniques 

2 (a) AIR POLLUTANT LIST; AIR QUALITY CRITERIA.— 

3 (1) AIR POLLUTANT LIST.—For the purpose of establishing primary 

4 and secondary NAAQSes, the Administrator shall publish and shall 

5 from time to time revise a list that includes each air pollutant— 

6 (A) emissions of which, in the Administrator’s judgment, cause 

7 or contribute to air pollution that may reasonably be anticipated 

8 to endanger public health or welfare; 

9 (B) the presence of which in the ambient air results from nu10 merous or diverse mobile or stationary sources; and 

11 (C) for which air quality criteria had not been issued before De12 cember 31, 1970, but for which the Administrator plans to issue 

13 air quality criteria under this section. 

14 (2) AIR QUALITY CRITERIA.— 

15 (A) IN GENERAL.—The Administrator shall issue air quality cri16 teria for an air pollutant within 12 months after the Adminis17 trator includes the air pollutant in a list under paragraph (1). Air 

18 quality criteria for an air pollutant shall accurately reflect the lat19 est scientific knowledge useful in indicating the kind and extent 

20 of all identifiable effects on public health or welfare that may be 

21 expected from the presence of the pollutant in the ambient air, in 

22 varying quantities. 

23 (B) INFORMATION TO BE INCLUDED.—The criteria for an air 

24 pollutant, to the extent practicable, shall include information on— 

25 (i) the variable factors (including atmospheric conditions) 

26 that of themselves or in combination with other factors may 

27 alter the effects on public health or welfare of the air pollut28 ant; 

29 (ii) the types of air pollutants that, when present in the at30 mosphere, may interact with the air pollutant to produce an 

31 adverse effect on public health or welfare; and 

32 (iii) any known or anticipated adverse effects on welfare. 

33 (b) AIR POLLUTION CONTROL TECHNIQUES.— 

34 (1) ISSUANCE OF INFORMATION.— 

35 (A) IN GENERAL.—Simultaneously with the issuance of criteria 

36 under subsection (a), the Administrator shall, after consultation 

37 with appropriate advisory committees and Federal departments 

38 and agencies, issue to the States and appropriate air pollution con39 trol agencies information on air pollution control techniques. 

40 (B) INFORMATION TO BE INCLUDED.—The information issued 

41 under subparagraph (A) shall include— 


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1 (i) data relating to the cost of installation and operation, 

2 energy requirements, emission reduction benefits, and envi3 ronmental impact of the emission control technology; 

4 (ii) such data as are available on available technology and 

5 alternative methods of prevention and control of air pollution; 

6 and 

7 (iii) data on alternative fuels, processes, and operating 

8 methods that will result in elimination or significant reduction 

9 of emissions. 

10 (2) CONSULTING COMMITTEES.—To assist in the development of in11 formation on pollution control techniques, the Administrator may es12 tablish a standing consulting committee for each air pollutant included 

13 in a list published pursuant to subsection (a)(1), which shall be com14 prised of technically qualified individuals representative of State and 

15 local governments, industry, and the academic community. Each such 

16 committee shall submit, as appropriate, to the Administrator informa17 tion related to that required by paragraph (1). 

18 (c) REVIEW, MODIFICATION, AND REISSUANCE OF CRITERIA OR INFOR19 MATION.—The Administrator shall from time to time review, and, as appro20 priate, modify and reissue any criteria or information on control techniques 

21 issued pursuant to this section. The criteria shall include a discussion of ni22 tric and nitrous acids, nitrites, nitrates, nitrosamines, and other carcino23 genic and potentially carcinogenic derivatives of nitrogen oxides. 

24 (d) ANNOUNCEMENT IN FEDERAL REGISTER; PUBLIC AVAILABILITY.— 

25 The issuance of air quality criteria and information on air pollution control 

26 techniques shall be announced in the Federal Register, and copies shall be 

27 made available to the general public. 

28 (e) TRANSPORTATION PLANNING AND GUIDELINES.— 

29 (1) IN GENERAL.—The Administrator shall, after consultation with 

30 the Secretary of Transportation, and after providing public notice and 

31 opportunity for comment, and with State and local officials, periodically 

32 as necessary to maintain a continuous transportation-air quality plan33 ning process, update the June 1978 Transportation-Air Quality Plan34 ning Guidelines and publish guidance on the development and imple35 mentation of transportation and other measures necessary to dem36 onstrate and maintain attainment of NAAQSes. 

37 (2) INFORMATION TO BE INCLUDED.—The guidelines shall include 

38 information on— 

39 (A) methods to identify and evaluate alternative planning and 

40 control activities; 


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1 (B) methods of reviewing plans on a regular basis as conditions 

2 change or new information is presented; 

3 (C) identification of funds and other resources necessary to im4 plement the plan, including interagency agreements on providing 

5 such funds and resources; 

6 (D) methods to ensure participation by the public in all phases 

7 of the planning process; and 

8 (E) such other methods as the Administrator determines to be 

9 necessary to carry out a continuous planning process. 

10 (f) INFORMATION REGARDING TRANSPORTATION CONTROL MEASURES.— 

11 (1) IN GENERAL.—The Administrator shall publish and make avail12 able to appropriate Federal, State, and local environmental and trans13 portation agencies from time to time— 

14 (A) information prepared, as appropriate, in consultation with 

15 the Secretary of Transportation, and after providing public notice 

16 and opportunity for comment, regarding the formulation and emis17 sion reduction potential of transportation control measures related 

18 to criteria pollutants and their precursors, including— 

19 (i) programs for improved public transit; 

20 (ii) restriction of certain roads or lanes to, or construction 

21 of roads or lanes for use by, passenger buses or high occu22 pancy vehicles; 

23 (iii) employer-based transportation management plans, in24 cluding incentives; 

25 (iv) trip-reduction ordinances; 

26 (v) traffic flow improvement programs that achieve emis27 sion reductions; 

28 (vi) fringe and transportation corridor parking facilities 

29 serving multiple occupancy vehicle programs or transit serv30 ice; 

31 (vii) programs to limit or restrict vehicle use in downtown 

32 areas or other areas of emission concentration particularly 

33 during periods of peak use; 

34 (viii) programs for the provision of all forms of high-occu35 pancy, shared-ride services; 

36 (ix) programs to limit portions of road surfaces or certain 

37 sections of a metropolitan area to the use of non-motorized 

38 vehicles or pedestrian use, as to both time and place; 

39 (x) programs for secure bicycle storage facilities and other 

40 facilities, including bicycle lanes, for the convenience and pro41 tection of bicyclists, in both public and private areas; 


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1 (xi) programs to control extended idling of vehicles; 

2 (xii) programs to reduce motor vehicle emissions, consistent 

3 with subdivision 3, that are caused by extreme cold start con4 ditions; 

5 (xiii) employer-sponsored programs to permit flexible work 

6 schedules; 

7 (xiv) programs and ordinances to facilitate non-automobile 

8 travel and the provision and utilization of mass transit and 

9 to generally reduce the need for single-occupant vehicle travel, 

10 as part of transportation planning and development efforts of 

11 a locality, including programs and ordinances applicable to 

12 new shopping centers, special events, and other centers of ve13 hicle activity; 

14 (xv) programs for new construction and major reconstruc15 tions of paths, tracks, or areas solely for the use by pedes16 trian or other non-motorized means of transportation when 

17 economically feasible and in the public interest; and 

18 (xvi) programs to encourage the voluntary removal from 

19 use and the marketplace of pre-1980 model year light-duty 

20 vehicles and pre-1980 model year light-duty trucks; 

21 (B) information on additional methods or strategies that will 

22 contribute to the reduction of mobile source related pollutants dur23 ing periods in which any primary ambient air quality standard will 

24 be exceeded and during episodes for which an air pollution alert, 

25 warning, or emergency has been declared; 

26 (C) information on other measures that may be employed to re27 duce the impact on public health or protect the health of sensitive 

28 or susceptible individuals or groups; and 

29 (D) information on the extent to which any process, procedure, 

30 or method to reduce or control an air pollutant may cause an in31 crease in the emissions or formation of any other pollutant. 

32 (2) ASSESSMENT.—In publishing information under paragraph (1) 

33 the Administrator shall include an assessment of— 

34 (A) the relative effectiveness of the processes, procedures, and 

35 methods described in paragraph (1); 

36 (B) the potential effect of those processes, procedures, and 

37 methods on transportation systems and the provision of transpor38 tation services; and 

39 (C) the environmental, energy, and economic impact of those 

40 processes, procedures, and methods. 


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1 (3) CONSULTATION.—For purposes of paragraph (1)(A)(xv), the Ad2 ministrator shall consult with the Secretary of the Interior as well as 

3 with the Secretary of Transportation. 

4 (g) ASSESSMENT OF RISKS TO ECOSYSTEMS.—The Administrator may 

5 assess the risks to ecosystems from exposure to criteria air pollutants (as 

6 identified by the Administrator in the Administrator’s sole discretion). 

7 (h) RACT/BACT/LAER CLEARINGHOUSE.—The Administrator shall 

8 make information regarding emission control technology available to the 

9 States and to the general public through a central database. Such informa10 tion shall include all control technology information received pursuant to 

11 State plan provisions requiring permits for sources, including operating per12 mits for existing sources. 

13 § 211109. National primary and secondary ambient air qual14 ity standards 

15 (a) PROMULGATION.— 

16 (1) AIR POLLUTANTS FOR WHICH AIR QUALITY CRITERIA WERE

17 ISSUED BEFORE DECEMBER 31, 1970.—The Administrator shall promul18 gate regulations prescribing a primary NAAQS and a secondary 

19 NAAQS for each air pollutant for which air quality criteria were issued 

20 before December 31, 1970. 

21 (2) AIR POLLUTANTS FOR WHICH AIR QUALITY CRITERIA ARE

22 ISSUED AFTER DECEMBER 31, 1970.— 

23 (A) PROPOSED STANDARDS.—With respect to any air pollutant 

24 for which air quality criteria are issued after December 31, 1970, 

25 the Administrator shall publish, simultaneously with the issuance 

26 of such criteria and information, proposed primary and secondary 

27 NAAQSes for any such air pollutant. 

28 (B) PROMULGATION.—After a reasonable time for interested 

29 persons to submit written comments on the proposed standards 

30 (but not later than 90 days after the initial publication of the pro31 posed standards), the Administrator shall by regulation promul32 gate the proposed primary and secondary NAAQSes with such 

33 modifications as the Administrator considers appropriate. 

34 (b) PROTECTION OF PUBLIC HEALTH AND WELFARE.— 

35 (1) PRIMARY NAAQSES.—Primary NAAQSes promulgated under sub36 section (a) shall be ambient air quality standards the attainment and 

37 maintenance of which, in the judgment of the Administrator, based on 

38 such criteria and allowing an adequate margin of safety, are requisite 

39 to protect the public health. The primary NAAQSes may be revised in 

40 the same manner as promulgated. 


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1 (2) SECONDARY NAAQSES.—Any secondary NAAQS promulgated 

2 under subsection (a) shall specify a level of air quality the attainment 

3 and maintenance of which, in the judgment of the Administrator, based 

4 on such criteria, is requisite to protect the public welfare from any 

5 known or anticipated adverse effects associated with the presence of an 

6 air pollutant in the ambient air. The secondary NAAQSes may be re7 vised in the same manner as promulgated. 

8 (c) PRIMARY NAAQS FOR NITROGEN DIOXIDE.—The Administrator shall 

9 promulgate a primary NAAQS for nitrogen dioxide concentrations over a 

10 period of not more than 3 hours unless, based on the criteria issued under 

11 section 211108(c) of this title, the Administrator finds that there is no sig12 nificant evidence that such a standard for such a period is requisite to pro13 tect public health. 

14 (d) REVIEW OF CRITERIA AND STANDARDS.— 

15 (1) IN GENERAL.— 

16 (A) 5-YEAR INTERVALS.—At 5-year intervals, the Administrator 

17 shall— 

18 (i) complete a thorough review of the criteria published 

19 under section 211108 of this title and the NAAQSes promul20 gated under this section; and 

21 (ii) make such revisions in the criteria and standards and 

22 promulgate such new standards as may be appropriate in ac23 cordance with section 211108 of this title and subsection (b). 

24 (B) MORE FREQUENT INTERVALS.—The Administrator may re25 view and revise criteria or promulgate new standards more fre26 quently than required under this paragraph. 

27 (2) SCIENTIFIC REVIEW COMMITTEE.— 

28 (A) APPOINTMENT.—The Administrator shall appoint an inde29 pendent scientific review committee composed of 7 members, in30 cluding at least 1 member of the National Academy of Sciences, 

31 1 physician, and 1 person representing State air pollution control 

32 agencies. 

33 (B) REVIEW.—At 5-year intervals, the scientific review com34 mittee shall— 

35 (i) complete a review of the criteria published under section 

36 211108 of this title and the primary and secondary NAAQSes 

37 promulgated under this section; and 

38 (ii) recommend to the Administrator any new NAAQSes 

39 and revisions of existing criteria and standards as may be ap40 propriate under section 211108 of this title and subsection 

41 (b). 


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1 (C) OTHER DUTIES.—The scientific review committee shall— 

2 (i) advise the Administrator of areas in which additional 

3 knowledge is required to appraise the adequacy and basis of 

4 existing, new, or revised NAAQSes; 

5 (ii) describe the research efforts necessary to provide the 

6 required information; 

7 (iii) advise the Administrator on the relative contribution to 

8 air pollution concentrations of natural activity and anthropo9 genic activity; and 

10 (iv) advise the Administrator of any adverse public health, 

11 welfare, social, economic, or energy effects that may result 

12 from various strategies for attainment and maintenance of 

13 NAAQSes. 

14 § 211110. State implementation plans 

15 (a) ADOPTION OF PLAN OR PLANS.— 

16 (1) PRIMARY NAAQSES.—Each State shall, after reasonable notice 

17 and public hearings, adopt and submit to the Administrator, within 3 

18 years (or such shorter period as the Administrator may prescribe) after 

19 the promulgation of a primary NAAQS (or any revision thereof) under 

20 section 211109 of this title for any air pollutant, a plan that provides 

21 for implementation, maintenance, and enforcement of the primary 

22 standard in each air quality control region (or portion thereof) within 

23 the State. 

24 (2) SECONDARY NAAQSES.— 

25 (A) IN GENERAL.—Each State shall, after reasonable notice and 

26 public hearings, adopt and submit to the Administrator (either as 

27 a part of a plan submitted under paragraph (1) or separately) 

28 within 3 years (or such shorter period as the Administrator may 

29 prescribe) after the promulgation of a secondary NAAQS (or revi30 sion thereof), a plan that provides for implementation, mainte31 nance, and enforcement of the secondary standard in each air 

32 quality control region (or portion thereof) within the State. 

33 (B) PUBLIC HEARING.—Unless a separate public hearing is pro34 vided, each State shall consider its plan implementing a secondary 

35 standard at the hearing required by paragraph (1). 

36 (3) CONTENTS.—Each State implementation plan shall— 

37 (A) include enforceable emission limitations and other control 

38 measures, means, or techniques (including economic incentives 

39 such as fees, marketable permits, and auctions of emissions 

40 rights), and schedules and timetables for compliance, as may be 


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1 necessary or appropriate to meet the applicable requirements of 

2 this division; 

3 (B) provide for establishment and operation of appropriate de4 vices, methods, systems, and procedures necessary to— 

5 (i) monitor, compile, and analyze data on ambient air qual6 ity; and 

7 (ii) on request, make the data available to the Adminis8 trator; 

9 (C) include a program to provide for— 

10 (i) enforcement of the measures described in subparagraph 

11 (A); and 

12 (ii) regulation of the modification and construction of any 

13 stationary source within the areas covered by the plan as nec14 essary to ensure that NAAQSes are achieved, including a per15 mit program as required in chapters 213 and 215; 

16 (D) contain adequate provisions— 

17 (i) prohibiting, consistent with this subdivision, any source 

18 or other type of emission activity within the State from emit19 ting any air pollutant in amounts that will— 

20 (I) contribute significantly to nonattainment in, or 

21 interfere with maintenance by, any other State with re22 spect to any such primary or secondary NAAQS; or 

23 (II) interfere with measures required to be included in 

24 the applicable implementation plan for any other State 

25 under chapter 213 to prevent significant deterioration of 

26 air quality or to protect visibility; 

27 (ii) ensuring compliance with the applicable requirements 

28 of sections 211115 and 211125 of this title; 

29 (E) provide— 

30 (i) necessary assurances that the State (or, except where 

31 the Administrator considers inappropriate, the general pur32 pose local government or governments, or a regional agency 

33 designated by the State or general purpose local governments 

34 for the purpose)— 

35 (I) will have adequate personnel, funding, and author36 ity under State (and, as appropriate, local) law to carry 

37 out the implementation plan; and 

38 (II) is not prohibited by any Federal or State law 

39 from carrying out the implementation plan or portion 

40 thereof); 


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1 (ii) requirements that the State comply with the require2 ments respecting State boards under section 211127 of this 

3 title; and 

4 (iii) necessary assurances that, where the State has relied 

5 on a local or regional government, agency, or instrumentality 

6 for the implementation of any plan provision, the State has 

7 responsibility for ensuring adequate implementation of the 

8 plan provision; 

9 (F) require, as may be prescribed by the Administrator— 

10 (i) the installation, maintenance, and replacement of equip11 ment, and the implementation of other necessary steps, by 

12 owners or operators of stationary sources to monitor emis13 sions from stationary sources; 

14 (ii) periodic reports on the nature and amounts of emis15 sions and emissions-related data from such sources; and 

16 (iii) correlation of such reports by the State agency with 

17 any emission limitations or standards established pursuant to 

18 this division, which reports shall be available at reasonable 

19 times for public inspection; 

20 (G) provide for authority comparable to that in section 203103 

21 of this title and adequate contingency plans to implement that au22 thority; 

23 (H) provide for revision of the plan— 

24 (i) from time to time as may be necessary to take account 

25 of revisions of the primary or secondary NAAQS or the avail26 ability of improved or more expeditious methods of attaining 

27 the NAAQS; and 

28 (ii) except as provided in paragraph (4)(B), whenever the 

29 Administrator finds on the basis of information available to 

30 the Administrator that the plan is substantially inadequate to 

31 attain the NAAQS that it implements or to otherwise comply 

32 with any additional requirements established under this divi33 sion; 

34 (I) in the case of a plan or plan revision for an area designated 

35 as a nonattainment area, meet the applicable requirements of 

36 chapter 215; 

37 (J) meet the applicable requirements of sections 211120 and 

38 211126 of this title and chapter 213; 

39 (K) provide for— 

40 (i) the performance of such air quality modeling as the Ad41 ministrator may prescribe for the purpose of predicting the 


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1 effect on ambient air quality of any emissions of any air pol2 lutant for which the Administrator has established a NAAQS; 

3 and 

4 (ii) the submission, on request, of data related to such air 

5 quality modeling to the Administrator; 

6 (L) require the owner or operator of each major stationary 

7 source to pay to the permitting authority, as a condition of any 

8 permit required under this division, a fee under an approved fee 

9 program under subdivision 6; and 

10 (M) provide for consultation and participation by local political 

11 subdivisions affected by the plan. 

12 (4) PLAN REVISION.— 

13 (A) REVIEW.—As soon as practicable, the Administrator shall, 

14 consistent with the purposes of this division and the Energy Sup15 ply and Environmental Coordination Act of 1974 (15 U.S.C. 791 

16 et seq.), review each State’s applicable implementation plans and 

17 report to the State on whether the plans can be revised in relation 

18 to fuel burning stationary sources (or persons supplying fuel to 

19 such sources) without interfering with the attainment and mainte20 nance of any NAAQS within the period permitted in this section. 

21 If the Administrator determines that any such plan can be revised, 

22 the Administrator shall notify the State that a plan revision may 

23 be submitted by the State. Any plan revision that is submitted by 

24 the State shall, after public notice and opportunity for public hear25 ing, be approved by the Administrator if the revision relates only 

26 to fuel burning stationary sources (or persons supplying fuel to 

27 such sources), and the plan as revised complies with paragraph 

28 (3). The Administrator shall approve or disapprove any revision 

29 not later than 3 months after its submission. 

30 (B) LIMITATION.—Neither the State, in the case of a plan (or 

31 portion thereof) approved under this subsection, nor the Adminis32 trator, in the case of a plan (or portion thereof) promulgated 

33 under subsection (c), shall be required to revise an applicable im34 plementation plan because 1 or more suspensions under subsection 

35 (d) or (e) or exemptions under section 211118 of this title have 

36 been granted, if the plan would have met the requirements of this 

37 section if no such suspension or exemption had been granted. 

38 (5) INDIRECT SOURCE REVIEW PROGRAMS.— 

39 (A) DEFINITIONS.—In this paragraph: 

40 (i) INDIRECT SOURCE.— 


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1 (I) IN GENERAL.—The term ‘‘indirect source’’ means 

2 a facility, building, structure, installation, real property, 

3 road, or highway that attracts, or may attract, mobile 

4 sources of pollution. 

5 (II) INCLUSIONS.—The term ‘‘indirect source’’ in6 cludes a parking lot, parking garage, or other facility 

7 subject to any measure for management of parking sup8 ply (within the meaning of subsection (c)(2)(A)(i)), in9 cluding regulation of existing off-street parking. 

10 (III) EXCLUSIONS.—The term ‘‘indirect source’’ does 

11 not include— 

12 (aa) new or existing on-street parking; or 

13 (bb) a direct emission source or facility at, within, 

14 or associated with a source described in subclause 

15 (I) or (II). 

16 (ii) INDIRECT SOURCE REVIEW PROGRAM.—The term ‘‘indi17 rect source review program’’ means the facility-by-facility re18 view of indirect sources of air pollution, including such meas19 ures as are necessary to ensure, or assist in ensuring, that 

20 a new or modified indirect source will not attract mobile 

21 sources of air pollution, the emissions from which would cause 

22 or contribute to air pollution concentrations— 

23 (I) exceeding any primary NAAQS for a mobile 

24 source-related air pollutant after the primary standard 

25 attainment date; or 

26 (II) preventing maintenance of any such standard 

27 after that date. 

28 (B) INCLUSION IN STATE IMPLEMENTATION PLAN.— 

29 (i) IN GENERAL.—Any State may include in a State imple30 mentation plan, but the Administrator may not require as a 

31 condition of approval of such a plan under this section, any 

32 indirect source review program. 

33 (ii) APPROVAL AND ENFORCEMENT BY THE ADMINIS34 TRATOR.—The Administrator may approve and enforce, as 

35 part of an applicable implementation plan, an indirect source 

36 review program that the State chooses to adopt and submit 

37 as part of its plan. 

38 (iii) REVISION.—Any State may revise an applicable imple39 mentation plan approved under this subsection to suspend or 

40 revoke an indirect source review program included in the 


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1 plan, provided that the plan meets the requirements of this 

2 section. 

3 (C) PLANS PROMULGATED BY THE ADMINISTRATOR.— 

4 (i) IN GENERAL.—Except as provided in clause (ii), no plan 

5 promulgated by the Administrator shall include any indirect 

6 source review program for any air quality control region, or 

7 portion thereof. 

8 (ii) FEDERALLY ASSISTED OR FEDERALLY OWNED OR OP9 ERATED SOURCES.—The Administrator may promulgate, im10 plement, and enforce regulations under subsection (c) respect11 ing indirect source review programs that apply only to feder12 ally assisted highways, airports, and other major federally as13 sisted indirect sources and federally owned or operated indi14 rect sources. 

15 (b) EXTENSION OF PERIOD FOR SUBMISSION OF PLANS.—The Adminis16 trator may, wherever the Administrator determines it to be necessary, ex17 tend the period for submission of any plan or portion thereof that imple18 ments a secondary NAAQS for a period not to exceed 18 months after the 

19 date otherwise required for submission of the plan. 

20 (c) FEDERAL IMPLEMENTATION PLANS.— 

21 (1) PROMULGATION.—The Administrator shall promulgate a Federal 

22 implementation plan at any time within 2 years after the Adminis23 trator— 

24 (A) finds that a State has failed to make a required submission 

25 or finds that the plan or plan revision submitted by the State does 

26 not satisfy the minimum criteria established under subsection 

27 (i)(1)(A); or 

28 (B) disapproves a State implementation plan submission in 

29 whole or in part; 

30 unless the State corrects the deficiency, and the Administrator ap31 proves the plan or plan revision, before the Administrator promulgates 

32 the Federal implementation plan. 

33 (2) PARKING SURCHARGE REGULATION.— 

34 (A) DEFINITIONS.—In this paragraph: 

35 (i) MANAGEMENT OF PARKING SUPPLY.—The term ‘‘man36 agement of parking supply’’ includes any requirement pro37 viding that any new facility containing a given number of 

38 parking spaces shall receive a permit or other prior approval, 

39 issuance of which is to be conditioned on air quality consider40 ations. 


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1 (ii) PARKING SURCHARGE REGULATION.—The term ‘‘park2 ing surcharge regulation’’ means a regulation imposing or re3 quiring the imposition of any tax, surcharge, fee, or other 

4 charge on parking spaces, or any other area used for the tem5 porary storage of motor vehicles. 

6 (iii) PREFERENTIAL BUS/CARPOOL LANE.—The term ‘‘pref7 erential bus/carpool lane’’ includes any requirement for the 

8 setting aside of 1 or more lanes of a street or highway on a 

9 permanent or temporary basis for the exclusive use of buses 

10 or carpools, or both. 

11 (B) NO REQUIREMENT BY THE ADMINISTRATOR.— 

12 (i) FEDERAL IMPLEMENTATION PLAN.—No parking sur13 charge regulation may be required by the Administrator 

14 under paragraph (1) as a part of an applicable implementa15 tion plan. All parking surcharge regulations previously re16 quired by the Administrator are void. 

17 (ii) STATE IMPLEMENTATION PLAN.—The Administrator 

18 may not condition approval of any implementation plan sub19 mitted by a State on the plan’s including a parking surcharge 

20 regulation. 

21 (iii) REQUIREMENT BY A STATE.—This subparagraph shall 

22 not preclude the Administrator from approving a parking sur23 charge regulation if it is adopted and submitted by a State 

24 as part of an applicable implementation plan. 

25 (C) MANAGEMENT OF PARKING SUPPLY; PREFERENTIAL BUS/ 

26 CARPOOL LANES.—No standard, plan, or requirement, relating to 

27 management of parking supply or preferential bus/carpool lanes 

28 shall be promulgated after June 22, 1974, by the Administrator 

29 pursuant to this section unless the promulgation has been sub30 jected to a public hearing held in the affected area for which rea31 sonable notice has been given in that area. If substantial changes 

32 are made after public hearing, 1 or more additional hearings shall 

33 be held in the area after such notice. 

34 (3) DELEGATION OF AUTHORITY.—On application of the chief execu35 tive officer of any general purpose unit of local government, if the Ad36 ministrator determines that the unit has adequate authority under 

37 State or local law, the Administrator may delegate to the unit the au38 thority to implement and enforce within the jurisdiction of the unit any 

39 part of a plan promulgated under this subsection. Nothing in this para40 graph precludes the Administrator from implementing or enforcing any 

41 applicable provision of a plan promulgated under this subsection. 


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1 (4) BRIDGE USE CHARGES.— 

2 (A) ELIMINATION.—Any measure in an applicable implementa3 tion plan that requires a toll or other charge for the use of a 

4 bridge located entirely within 1 city shall be eliminated from the 

5 plan by the Administrator on application by the Governor of the 

6 State, which application shall include a certification by the Gov7 ernor that the Governor will revise the plan in accordance with 

8 subparagraph (B). 

9 (B) PLAN REVISION.—In the case of any applicable implementa10 tion plan with respect to which a measure has been eliminated 

11 under subparagraph (A)— 

12 (i) the plan shall be revised to include comprehensive meas13 ures to— 

14 (I) establish, expand, or improve public transportation 

15 measures to meet basic transportation needs, as expedi16 tiously as is practicable; and 

17 (II) implement transportation control measures nec18 essary to attain and maintain NAAQSes; and 

19 (ii) the revised plan shall, for the purpose of implementing 

20 those comprehensive public transportation measures, include 

21 requirements to use (insofar as is necessary) Federal grants, 

22 State or local funds, or any combination of such grants and 

23 funds as may be consistent with the terms of the legislation 

24 providing the grants and funds. 

25 (C) EMISSION REDUCTIONS EQUIVALENT.—The measures under 

26 subparagraph (B)(i) shall, as a substitute for the tolls or charges 

27 eliminated under subparagraph (A), provide for emission reduc28 tions equivalent to the reductions that may reasonably be expected 

29 to be achieved through the use of the tolls or charges eliminated. 

30 (D) COORDINATION.—Any revision of an implementation plan 

31 for purposes of meeting the requirements of subparagraphs (B) 

32 and (C) shall be submitted in coordination with any plan revision 

33 required under chapter 215. 

34 (d) TEMPORARY EMERGENCY SUSPENSIONS ON DETERMINATION BY THE

35 PRESIDENT OF A NATIONAL OR REGIONAL ENERGY EMERGENCY.— 

36 (1) DETERMINATION BY THE PRESIDENT.—On application by the 

37 owner or operator of a fuel burning stationary source, and after notice 

38 and opportunity for public hearing, the Governor of the State in which 

39 the source is located may petition the President to determine that a 

40 national or regional energy emergency exists of such severity that— 


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1 (A) a temporary suspension of any part of the applicable imple2 mentation plan or of any requirement under section 233110 of 

3 this title may be necessary; and 

4 (B) other means of responding to the energy emergency may be 

5 inadequate. 

6 (2) NONDELEGABILITY.—A determination under paragraph (1) shall 

7 not be delegable by the President to any other person. 

8 (3) TEMPORARY EMERGENCY SUSPENSIONS.— 

9 (A) IN GENERAL.—If the President determines that a national 

10 or regional energy emergency of the severity described in para11 graph (1) exists, a temporary emergency suspension of any part 

12 of an applicable implementation plan or of any requirement under 

13 section 233110 of this title adopted by the State may be issued 

14 by the Governor of any State covered by the President’s deter15 mination under the condition specified in subparagraph (B) and 

16 may take effect immediately. 

17 (B) CONDITION.—A temporary emergency suspension under 

18 subparagraph (A) shall be issued to a source only if the Governor 

19 of the State finds that— 

20 (i) there exists in the vicinity of the source a temporary en21 ergy emergency involving high levels of unemployment or loss 

22 of necessary energy supplies for residential dwellings; and 

23 (ii) such unemployment or loss can be totally or partially 

24 alleviated by the emergency suspension. 

25 (C) LIMITATION.—Not more than 1 temporary emergency sus26 pension may be issued for any source on the basis of the same 

27 set of circumstances or on the basis of the same emergency. 

28 (D) EFFECTIVE PERIOD.—A temporary emergency suspension 

29 shall remain in effect for a maximum of— 

30 (i) 4 months; or 

31 (ii) such lesser period as may be specified in a disapproval 

32 order of the Administrator, if any. 

33 (E) DISAPPROVAL BY THE ADMINISTRATOR.—The Adminis34 trator may disapprove a temporary emergency suspension if the 

35 Administrator determines that it does not meet the requirements 

36 of subparagraphs (B) and (C). 

37 (4) APPLICABILITY.—This subsection shall not apply in the case of 

38 a plan provision or requirement promulgated by the Administrator 

39 under subsection (c), but in any such case the President may grant a 

40 temporary emergency suspension for a 4-month period of any such pro41 vision or requirement if the President makes the determinations and 


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1 findings specified in paragraph (1) and subparagraphs (B) and (C) of 

2 paragraph (3). 

3 (e) TEMPORARY EMERGENCY SUSPENSIONS BY A GOVERNOR TO PRE4 VENT CLOSING OF A SOURCE.— 

5 (1) IN GENERAL.—In the case of any State that has adopted and 

6 submitted to the Administrator a proposed plan revision that— 

7 (A) the State determines— 

8 (i) meets the requirements of this section; and 

9 (ii) is necessary— 

10 (I) to prevent the closing for 1 year or more of any 

11 source of air pollution; and 

12 (II) to prevent substantial increases in unemployment 

13 that would result from such a closing; and 

14 (B) the Administrator has not approved or disapproved under 

15 this section within 12 months of submission of the proposed plan 

16 revision; 

17 the Governor may issue a temporary emergency suspension of the part 

18 of the applicable implementation plan for the State that is proposed to 

19 be revised with respect to that source. 

20 (2) DETERMINATION UNDER PARAGRAPH (1)(A)(ii).—A determination 

21 under paragraph (1)(A)(ii) may not be made with respect to a source 

22 that would close without regard to whether or not the proposed plan 

23 revision is approved. 

24 (3) EFFECTIVE PERIOD.—A temporary emergency suspension issued 

25 by a Governor under this subsection shall remain in effect for a max26 imum of— 

27 (A) 4 months; or 

28 (B) such lesser period as may be specified in a disapproval 

29 order of the Administrator. 

30 (4) DISAPPROVAL BY THE ADMINISTRATOR.—The Administrator 

31 may disapprove a temporary emergency suspension if the Administrator 

32 determines that it does not meet the requirements of this subsection. 

33 (f) COMPREHENSIVE DOCUMENTS SETTING FORTH REQUIREMENTS OF

34 APPLICABLE IMPLEMENTATION PLANS.— 

35 (1) IN GENERAL.—Every 3 years, the Administrator shall assemble 

36 and publish a comprehensive document for each State setting forth all 

37 requirements of the applicable implementation plan for the State and 

38 shall publish notice in the Federal Register of the availability of such 

39 documents. 

40 (2) REGULATIONS.—The Administrator may promulgate such regu41 lations as may be reasonably necessary to carry out this subsection. 


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1 (g) NO MODIFICATION OF IMPLEMENTATION PLAN REQUIREMENTS.— 

2 Except for a suspension under subsection (d) or (e), an exemption under 

3 section 211118 of this title, a plan promulgation under subsection (c), or 

4 a plan revision under subsection (a)(4), no order, suspension, plan revision, 

5 or other action modifying any requirement of an applicable implementation 

6 plan may be taken with respect to any stationary source by a State or by 

7 the Administrator. 

8 (h) TECHNOLOGICAL SYSTEMS OF CONTINUOUS EMISSION REDUCTION

9 ON NEW OR MODIFIED STATIONARY SOURCES; COMPLIANCE WITH RE10 QUIREMENTS.—As a condition for issuance of any permit required under 

11 this subdivision, the owner or operator of each new or modified stationary 

12 source that is required to obtain such a permit shall show to the satisfaction 

13 of the permitting authority that— 

14 (1) the technological system of continuous emission reduction that is 

15 to be used at the source will enable the source to comply with the 

16 standards of performance that are to apply to the source; and 

17 (2) the construction or modification and operation of the source will 

18 be in compliance with all other requirements of this division. 

19 (i) EPA ACTION ON PLAN SUBMISSIONS.— 

20 (1) COMPLETENESS OF PLAN SUBMISSIONS.— 

21 (A) COMPLETENESS CRITERIA.—The Administrator shall pro22 mulgate minimum criteria that any plan submission shall meet be23 fore the Administrator is required to act on the submission under 

24 this subsection. The criteria shall be limited to the information 

25 necessary to enable the Administrator to determine whether the 

26 plan submission complies with this division. 

27 (B) COMPLETENESS FINDING.—Within 60 days after the Ad28 ministrator’s receipt of a plan or plan revision, but not later than 

29 6 months after the date, if any, by which a State is required to 

30 submit the plan or revision, the Administrator shall determine 

31 whether the minimum criteria established pursuant to subpara32 graph (A) have been met. Any plan or plan revision that a State 

33 submits to the Administrator, and that has not been determined 

34 by the Administrator (by the date that is 6 months after receipt 

35 of the submission) to have failed to meet the minimum criteria es36 tablished pursuant to subparagraph (A) shall on that date be 

37 deemed by operation of law to meet the minimum criteria. 

38 (C) EFFECT OF FINDING OF INCOMPLETENESS.—Where the 

39 Administrator determines that a plan submission (or part thereof) 

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1 paragraph (A), the State shall be treated as not having made the 

2 submission (or, in the Administrator’s discretion, part thereof). 

3 (2) DEADLINE FOR ACTION.—Within 12 months after a determina4 tion by the Administrator (or a determination deemed by operation of 

5 law) under paragraph (1) that a State has submitted a plan or plan 

6 revision (or, in the Administrator’s discretion, part thereof) that meets 

7 the minimum criteria established pursuant to paragraph (1), if applica8 ble (or, if those criteria are not applicable, within 12 months after sub9 mission of the plan or revision), the Administrator shall act on the sub10 mission in accordance with paragraph (3). 

11 (3) FULL AND PARTIAL APPROVAL AND DISAPPROVAL.—In the case 

12 of any submittal on which the Administrator is required to act under 

13 paragraph (2), the Administrator shall approve the submittal as a 

14 whole if it meets all of the applicable requirements of this division. If 

15 a portion of the plan revision meets all the applicable requirements of 

16 this division, the Administrator may approve the plan revision in part 

17 and disapprove the plan revision in part. The plan revision shall not 

18 be treated as meeting the requirements of this division until the Ad19 ministrator approves the entire plan revision as complying with the ap20 plicable requirements of this division. 

21 (4) CONDITIONAL APPROVAL.—The Administrator may approve a 

22 plan revision based on a commitment of the State to adopt specific en23 forceable measures by a date certain, but not later than 1 year after 

24 the date of approval of the plan revision. Any such conditional approval 

25 shall be treated as a disapproval if the State fails to comply with the 

26 commitment. 

27 (5) CALLS FOR PLAN REVISIONS.— 

28 (A) IN GENERAL.—Whenever the Administrator finds that the 

29 applicable implementation plan for any area is substantially inad30 equate to attain or maintain the relevant NAAQS, to mitigate ade31 quately the interstate pollutant transport described in section 

32 215108 of this title or section 215205 of this title, or to otherwise 

33 comply with any requirement of this division, the Administrator 

34 shall require the State to revise the plan as necessary to correct 

35 such inadequacies. 

36 (B) NOTICE; DEADLINES.—The Administrator— 

37 (i) shall notify the State of the inadequacies; and 

38 (ii) may establish reasonable deadlines (not to exceed 18 

39 months after the date of the notice) for the submission of the 

40 plan revisions. 


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1 (C) PUBLIC AVAILABILITY.—The findings under subparagraph 

2 (A) and notice under subparagraph (B) shall be public. 

3 (D) EFFECT OF FINDING.—Any finding under this paragraph 

4 shall, to the extent that the Administrator considers appropriate, 

5 subject the State to the requirements of this division to which the 

6 State was subject when it developed and submitted the plan for 

7 which the finding was made, except that the Administrator may 

8 adjust any dates applicable under those requirements as appro9 priate (except that the Administrator may not adjust any attain10 ment date prescribed under chapter 215 unless that date has 

11 elapsed). 

12 (6) CORRECTIONS.—Whenever the Administrator determines that 

13 the Administrator’s action approving, disapproving, or promulgating 

14 any plan or plan revision (or part thereof), area designation, redesigna15 tion, classification, or reclassification was in error, the Administrator 

16 may in the same manner as the approval, disapproval, or promulgation 

17 revise the action as appropriate without requiring any further submis18 sion from the State. Such a determination and the basis thereof shall 

19 be provided to the State and public. 

20 (j) PLAN REVISIONS.—Each revision to an implementation plan sub21 mitted by a State under this division shall be adopted by the State after 

22 reasonable notice and public hearing. The Administrator shall not approve 

23 a revision of a plan if the revision would interfere with any applicable re24 quirement concerning attainment and reasonable further progress (as de25 fined in section 215101 of this title) or any other applicable requirement 

26 of this division. 

27 (k) SANCTIONS.— 

28 (1) IN GENERAL.—The Administrator may apply any of the sanc29 tions listed in section 215111(b) of this title at any time (or at any 

30 time after) the Administrator makes a finding, disapproval, or deter31 mination under subparagraphs (A) through (D), respectively, of section 

32 215111(a)(1) of this title in relation to any plan or plan item (as that 

33 term is defined by the Administrator) required under this division, with 

34 respect to any portion of the State that the Administrator determines 

35 to be reasonable and appropriate, for the purpose of ensuring that the 

36 requirements of this division relating to the plan or plan item are met. 

37 (2) CRITERIA.—The Administrator shall, by regulation, establish cri38 teria for exercising the Administrator’s authority under paragraph (1) 

39 with respect to any deficiency described in section 215111(a)(1) of this 

40 title to ensure that, during the 24-month period following the finding, 

41 disapproval, or determination described in section 215111(a)(1) of this 


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1 title, the sanctions are not applied on a statewide basis where 1 or 

2 more political subdivisions covered by the applicable implementation 

3 plan are principally responsible for the deficiency. 

4 (l) SAVINGS PROVISIONS.— 

5 (1) EXISTING PLAN PROVISIONS.—Any provision of any applicable 

6 implementation plan that was approved or promulgated by the Admin7 istrator pursuant to section 110 of the Clean Air Act (42 U.S.C. 7410) 

8 (as in effect before November 15, 1990) shall remain in effect as part 

9 of the applicable implementation plan, except to the extent that a revi10 sion to the provision is approved or promulgated by the Administrator 

11 pursuant to this division. 

12 (2) ATTAINMENT DATES.—For any area not designated nonattain13 ment, any plan or plan revision submitted or required to be submitted 

14 by a State— 

15 (A) in response to the promulgation or revision of a primary 

16 NAAQS in effect on November 15, 1990; or 

17 (B) in response to a finding of substantial inadequacy under 

18 section 110(a)(2) of the Clean Air Act (42 U.S.C. 7410(a)(2)) (as 

19 in effect before November 15, 1990); 

20 shall provide for attainment of the primary NAAQSes within 5 years 

21 after issuance of the finding of substantial inadequacy. 

22 (3) RETENTION OF CONSTRUCTION MORATORIUM IN CERTAIN

23 AREAS.—In the case of an area to which, as of November 14, 1990, 

24 the prohibition on construction or modification of major stationary 

25 sources prescribed in section 110(a)(2)(I) of the Clean Air Act (42 

26 U.S.C. 7410(a)(2)(I)) (as in effect before November 15, 1990) applied 

27 by virtue of a finding of the Administrator that the State containing 

28 that area had not submitted an implementation plan meeting the re29 quirements of section 172(b)(6) of the Clean Air Act (42 U.S.C. 

30 7502(b)(6)) (as in effect before November 15, 1990) or section 

31 172(a)(1) of the Clean Air Act (42 U.S.C. 7502(a)(1)) (to the extent 

32 that those requirements relate to provision for attainment of the pri33 mary NAAQS for sulfur oxides by December 31, 1982) (as in effect 

34 before November 15, 1990), no major stationary source of the relevant 

35 air pollutant or pollutants shall be constructed or modified in the area 

36 until the Administrator finds that the plan for the area meets the ap37 plicable requirements of section 215102(c)(5) of this title or subchapter 

38 V of chapter 215, respectively. 

39 (m) INDIAN TRIBES.— 

40 (1) REVIEW OF IMPLEMENTATION PLAN.—If an Indian tribe submits 

41 an implementation plan to the Administrator pursuant to section 


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1 203101(d) of this title, the plan shall be reviewed in accordance with 

2 the provisions for review set forth in this section for State plans, except 

3 as otherwise provided by regulation promulgated pursuant to section 

4 203101(d)(2) of this title. 

5 (2) APPLICABILITY OF IMPLEMENTATION PLAN.—When an imple6 mentation plan described in paragraph (1) becomes effective in accord7 ance with the regulations promulgated under section 203101(d) of this 

8 title, the plan shall become applicable to all areas (except as expressly 

9 provided otherwise in the plan) located within the exterior boundaries 

10 of the reservation, notwithstanding the issuance of any patent and in11 cluding rights-of-way running through the reservation. 

12 (n) REPORTS.—Any State shall submit, according to such schedule as the 

13 Administrator may prescribe, such reports as the Administrator may require 

14 relating to— 

15 (1) emission reductions; 

16 (2) vehicle miles traveled; 

17 (3) congestion levels; and 

18 (4) any other information that the Administrator considers necessary 

19 to assess the development, effectiveness, need for revision, or implemen20 tation of any plan or plan revision required under this division. 

21 § 211111. Standards of performance for new stationary 

22 sources 

23 (a) DEFINITIONS.—In this section: 

24 (1) EXISTING SOURCE.—The term ‘‘existing source’’ means any sta25 tionary source other than a new source. 

26 (2) MODIFY.— 

27 (A) IN GENERAL.—The term ‘‘modify’’, with respect to a sta28 tionary source, means to make or undergo any physical change in, 

29 or change in the method of operation of, the stationary source 

30 that— 

31 (i) increases the amount of any air pollutant emitted by the 

32 stationary source; or 

33 (ii) results in the emission of any air pollutant not pre34 viously emitted. 

35 (B) EXCLUSION.—The term ‘‘modify’’ does not include con36 verting to coal by reason of an order under section 2(a) of the En37 ergy Supply and Environmental Coordination Act of 1974 (15 

38 U.S.C. 792(a)) or any enactment that supersedes that Act. 

39 (3) NEW SOURCE.—The term ‘‘new source’’ means any stationary 

40 source, the construction or modification of which is commenced after 

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1 scribing a standard of performance under this section that will be ap2 plicable to the source. 

3 (4) OWNER OR OPERATOR.—The term ‘‘owner or operator’’ means 

4 any person that owns, leases, operates, controls, or supervises a sta5 tionary source. 

6 (5) STANDARD OF PERFORMANCE.—The term ‘‘standard of perform7 ance’’ means a standard for emissions of air pollutants that reflects the 

8 degree of emission limitation achievable through the application of the 

9 best system of emission reduction that (taking into account the cost of 

10 achieving the reduction and any non-air-quality health and environ11 mental impact and energy requirements) the Administrator determines 

12 has been adequately demonstrated. 

13 (6) STATIONARY SOURCE.—The term ‘‘stationary source’’ means any 

14 building, structure, facility, or installation that emits or may emit any 

15 air pollutant. 

16 (7) TECHNOLOGICAL SYSTEM OF CONTINUOUS EMISSION REDUC17 TION.—The term ‘‘technological system of continuous emission reduc18 tion’’ means— 

19 (A) a technological process for production or operation by any 

20 source that is inherently low-polluting or nonpolluting; or 

21 (B) a technological system for continuous reduction of the pollu22 tion generated by a source before the pollution is emitted into the 

23 ambient air, including precombustion cleaning or treatment of 

24 fuel. 

25 (b) STANDARDS OF PERFORMANCE.— 

26 (1) LIST OF CATEGORIES.—The Administrator shall publish (and 

27 from time to time revise) a list of categories of stationary sources. The 

28 Administrator shall include a category of sources in the list if in the 

29 Administrator’s judgment it causes, or contributes significantly to, air 

30 pollution that may reasonably be anticipated to endanger public health 

31 or welfare. 

32 (2) REGULATIONS.—Within 1 year after the inclusion of a category 

33 of stationary sources in a list under paragraph (1), the Administrator 

34 shall publish proposed regulations establishing Federal standards of 

35 performance for new sources within the category. The Administrator 

36 shall afford interested persons an opportunity for written comment on 

37 the proposed regulations. After considering the comments, the Adminis38 trator shall promulgate, within 1 year after publication of the proposed 

39 regulations, the standard of performance with such modifications as the 

40 Administrator considers appropriate. 

41 (3) PERIODIC REVIEW.— 


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1 (A) IN GENERAL.—The Administrator shall, at least every 8 

2 years, review and, if appropriate, revise the standard of perform3 ance following the procedure required by this subsection for pro4 mulgation of standards of performance. 

5 (B) READILY AVAILABLE INFORMATION.—Notwithstanding sub6 paragraph (A), the Administrator need not review any standard of 

7 performance if the Administrator determines that review is not ap8 propriate in light of readily available information on the efficacy 

9 of the standard of performance. 

10 (4) EFFECTIVE DATE.—A standard of performance or revision there11 of shall become effective on promulgation. 

12 (5) CONSIDERATION OF EMISSION LIMITATIONS AND PERCENT RE13 DUCTIONS ACHIEVED IN PRACTICE.—When implementation and en14 forcement of any requirement of this division indicate that emission 

15 limitations and percent reductions beyond those required by the stand16 ard of performance promulgated under this section are achieved in 

17 practice, the Administrator shall, when revising the standard of per18 formance promulgated under this section, consider the emission limita19 tions and percent reductions achieved in practice. 

20 (6) CLASSES, TYPES, AND SIZES.—The Administrator may distin21 guish among classes, types, and sizes within categories of new sources 

22 for the purpose of establishing standards of performance. 

23 (7) POLLUTION CONTROL TECHNIQUES.—The Administrator shall 

24 from time to time issue information on pollution control techniques for 

25 categories of new sources and air pollutants subject to this section. 

26 (8) NEW SOURCES OWNED OR OPERATED BY THE UNITED STATES.— 

27 This section shall apply to any new source owned or operated by the 

28 United States. 

29 (9) EFFECT OF SECTION.—Except as otherwise authorized under 

30 subsection (f), nothing in this section shall be construed to require, or 

31 to authorize the Administrator to require, any new or modified source 

32 to install and operate any particular technological system of continuous 

33 emission reduction to comply with any new source standard of perform34 ance. 

35 (10) CERTAIN NEW OR MODIFIED FOSSIL FUEL-FIRED STATIONARY

36 SOURCES.—Any new or modified fossil fuel-fired stationary source that 

37 commences construction prior to the date of publication of proposed re38 vised standards shall not be required to comply with those revised 

39 standards. 

40 (c) STATE IMPLEMENTATION AND ENFORCEMENT OF STANDARDS OF

41 PERFORMANCE.— 


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1 (1) DELEGATION OF AUTHORITY.—Each State may develop and sub2 mit to the Administrator a procedure for implementing and enforcing 

3 standards of performance for new sources located in the State. If the 

4 Administrator finds that the State procedure is adequate, the Adminis5 trator shall delegate to the State any authority that the Administrator 

6 has under this division to implement and enforce the standards of per7 formance. 

8 (2) EFFECT OF SUBSECTION.—Nothing in this subsection prohibits 

9 the Administrator from enforcing any applicable standard of perform10 ance under this section. 

11 (d) STANDARDS OF PERFORMANCE ESTABLISHED BY STATES FOR EX12 ISTING SOURCES.— 

13 (1) REGULATIONS.— 

14 (A) IN GENERAL.—The Administrator shall prescribe regula15 tions that establish a procedure similar to that provided by section 

16 211110 of this title under which each State shall submit to the 

17 Administrator a plan that— 

18 (i) establishes standards of performance for any existing 

19 source for any air pollutant— 

20 (I)(aa) for which air quality criteria have not been 

21 issued; or 

22 (bb) that is not included on a list published under sec23 tion 211108(a) of this title or emitted from a source cat24 egory that is regulated under section 211112 of this 

25 title; but 

26 (II) to which a standard of performance under this 

27 section would apply if the existing source were a new 

28 source; and 

29 (ii) provides for the implementation and enforcement of the 

30 standards of performance. 

31 (B) CONSIDERATIONS.—The regulations under this paragraph 

32 shall permit a State in applying a standard of performance to any 

33 particular source under a plan submitted under this paragraph to 

34 take into consideration, among other factors, the remaining useful 

35 life of the existing source to which the standard of performance 

36 applies. 

37 (2) AUTHORITY OF THE ADMINISTRATOR.— 

38 (A) IN GENERAL.—The Administrator shall have the authority 

39 described in paragraph (1)— 

40 (i) to prescribe a plan for a State in a case where the State 

41 fails to submit a satisfactory plan as the Administrator would 


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1 have under section 211110(c) of this title in the case of fail2 ure to submit an implementation plan; and 

3 (ii) to enforce the plan in a case where the State fails to 

4 enforce the plan as the Administrator would have under sec5 tions 211113 and 211114 of this title with respect to an im6 plementation plan. 

7 (B) CONSIDERATIONS.—In promulgating a standard of perform8 ance under a plan prescribed under this paragraph, the Adminis9 trator shall take into consideration, among other factors, the re10 maining useful lives of the sources in the category of sources to 

11 which the standard applies. 

12 (e) NEW SOURCE STANDARDS OF PERFORMANCE.— 

13 (1) IN GENERAL.—For categories of major stationary sources that 

14 the Administrator listed under section 111(b)(1)(A) of the Clean Air 

15 Act (42 U.S.C. 7411(b)(1)(A)) before November 15, 1990, and for 

16 which the Administrator had not proposed regulations by November 15, 

17 1990, the Administrator shall promulgate regulations establishing 

18 standards of performance. 

19 (2) PRIORITIES.—In determining priorities for promulgating stand20 ards for categories of major stationary sources for the purpose of para21 graph (1), the Administrator shall consider— 

22 (A) the quantity of air pollutant emissions that each category 

23 will emit or be designed to emit; 

24 (B) the extent to which each air pollutant may reasonably be 

25 anticipated to endanger public health or welfare; and 

26 (C) the mobility and competitive nature of each category of 

27 sources and the consequent need for nationally applicable new 

28 source standards of performance. 

29 (3) CONSULTATION.—Before promulgating any regulations under 

30 this subsection or listing any category of major stationary sources as 

31 required under this subsection, the Administrator shall consult with ap32 propriate representatives of the Governors and of State air pollution 

33 control agencies. 

34 (4) REVISION OF REGULATIONS.— 

35 (A) SPECIFICATION OF CATEGORY LISTED.—On application by 

36 the Governor of a State showing that the Administrator has failed 

37 to specify in regulations under paragraph (1) any category of 

38 major stationary sources required to be specified under the regula39 tions, the Administrator shall revise the regulations to specify any 

40 such category. 


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1 (B) SPECIFICATION OF CATEGORY NOT LISTED.—On application 

2 of the Governor of a State showing that any category of stationary 

3 sources not included in the list under section 111(b)(1)(A) of the 

4 Clean Air Act (42 U.S.C. 7411(b)(1)(A)) before November 15, 

5 1990, contributes significantly to air pollution that may reasonably 

6 be anticipated to endanger public health or welfare (notwith7 standing that that category is not a category of major stationary 

8 sources), the Administrator shall revise the regulations to specify 

9 that category of stationary sources. 

10 (C) PROPER APPLICATION OF CRITERIA.—On application of the 

11 Governor of a State showing that the Administrator has failed to 

12 apply properly the criteria required to be considered under para13 graph (2), the Administrator shall revise the list under subsection 

14 (b)(1) to apply properly the criteria. 

15 (D) NEW, INNOVATIVE, OR IMPROVED TECHNOLOGY OR PROC16 ESS.—On application of the Governor of a State showing that— 

17 (i) a new, innovative, or improved technology or process 

18 that achieves greater continuous emission reduction has been 

19 adequately demonstrated for any category of stationary 

20 sources; and 

21 (ii) as a result of that technology or process, the new 

22 source standard of performance in effect under this section 

23 for that category no longer reflects the greatest degree of 

24 emission limitation achievable through application of the best 

25 technological system of continuous emission reduction that 

26 (taking into consideration the cost of achieving such an emis27 sion reduction, and any non-air-quality health and environ28 mental impact and energy requirements) has been adequately 

29 demonstrated, 

30 the Administrator shall revise the standard of performance for 

31 that category accordingly. 

32 (E) DEADLINE.—Unless later deadlines for action of the Ad33 ministrator are otherwise prescribed under this section, the Ad34 ministrator shall, not later than 3 months after the date of receipt 

35 of any application by a Governor of a State— 

36 (i) find that the application does not contain the requisite 

37 showing and deny the application; or 

38 (ii) grant the application and take the action required 

39 under this subsection. 


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1 (5) NOTICE AND OPPORTUNITY FOR PUBLIC HEARING.—Before tak2 ing any action required by this subsection, the Administrator shall pro3 vide notice and opportunity for public hearing. 

4 (f) DESIGN, EQUIPMENT, WORK PRACTICE, OR OPERATIONAL STANDARD

5 IF STANDARD OF PERFORMANCE IS NOT FEASIBLE.— 

6 (1) IN GENERAL.—If, in the judgment of the Administrator, it is not 

7 feasible to prescribe or enforce a standard of performance, the Admin8 istrator may instead promulgate a design, equipment, work practice, or 

9 operational standard (or combination thereof) that reflects the best 

10 technological system of continuous emission reduction that (taking into 

11 consideration the cost of achieving the emission reduction, and any 

12 non-air-quality health and environmental impact and energy require13 ments) the Administrator determines has been adequately dem14 onstrated. 

15 (2) OPERATION AND MAINTENANCE.—The Administrator shall in16 clude as part of any design or equipment standard promulgated under 

17 this subsection such requirements as will ensure the proper operation 

18 and maintenance of any such element of design or equipment. 

19 (3) STANDARD OF PERFORMANCE NOT FEASIBLE.—For the purpose 

20 of this subsection, the Administrator may determine that it is not fea21 sible to prescribe or enforce a standard of performance in any situation 

22 in which the Administrator determines that— 

23 (A) a pollutant or pollutants cannot be emitted through a con24 veyance designed and constructed to emit or capture pollutant, or 

25 any requirement for, or use of, such a conveyance would be incon26 sistent with Federal, State, or local law; or 

27 (B) the application of measurement methodology to a particular 

28 class of sources is not practicable due to technological or economic 

29 limitations. 

30 (4) ALTERNATIVE MEANS OF EMISSION LIMITATION.—If, after notice 

31 and opportunity for public hearing, any person establishes to the satis32 faction of the Administrator that an alternative means of emission limi33 tation will achieve a reduction in emissions of any air pollutant at least 

34 equivalent to the reduction in emissions of that air pollutant achieved 

35 under a design, equipment, work practice, or operational standard pro36 mulgated under paragraph (1), the Administrator shall permit the use 

37 of the alternative by the source for purposes of compliance with this 

38 section with respect to that pollutant. 

39 (5) PROMULGATION OF STANDARD OF PERFORMANCE WHEN FEA40 SIBLE.—Any design, equipment, work practice, or operational standard 

41 promulgated under paragraph (1) shall be promulgated in terms of a 


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1 standard of performance whenever it becomes feasible to promulgate 

2 and enforce the design, equipment, work practice, or operational stand3 ard in terms of a standard of performance. 

4 (6) TREATMENT.—Any design, equipment, work practice, or oper5 ational standard, or any combination thereof, described in this sub6 section shall be treated as a standard of performance for purposes of 

7 this division (except subsection (a) and this subsection). 

8 (g) COUNTRY ELEVATORS.—Any regulations promulgated by the Admin9 istrator under this section applicable to grain elevators shall not apply to 

10 country elevators (as defined by the Administrator) that have a storage ca11 pacity of less than 2,500,000 bushels. 

12 (h) WAIVERS TO ENCOURAGE THE USE OF INNOVATIVE TECHNOLOGICAL

13 SYSTEMS OF CONTINUOUS EMISSION REDUCTION.— 

14 (1) REQUEST FOR WAIVER.—Any person proposing to own or oper15 ate a new source may request the Administrator for 1 or more waivers 

16 from the requirements of this section for the source or any portion 

17 thereof with respect to any air pollutant to encourage the use of 1 or 

18 more innovative technological systems of continuous emission reduction. 

19 (2) GRANT OF WAIVER.—The Administrator may, with the consent 

20 of the Governor of the State in which the source is to be located, grant 

21 a waiver under paragraph (1) if the Administrator determines, after 

22 notice and opportunity for public hearing, that— 

23 (A) the proposed system or systems have not been adequately 

24 demonstrated; 

25 (B)(i) the proposed system or systems will operate effectively; 

26 and 

27 (ii) there is a substantial likelihood that the system or systems 

28 will achieve— 

29 (I) greater continuous emission reduction than that re30 quired to be achieved under the standards of performance 

31 that would otherwise apply; or 

32 (II) at least an equivalent reduction at lower cost in terms 

33 of energy, economic, or non-air-quality environmental impact; 

34 (C) the owner or operator of the proposed source has dem35 onstrated to the satisfaction of the Administrator that the pro36 posed system will not cause or contribute to an unreasonable risk 

37 to public health, welfare, or safety in its operation, function, or 

38 malfunction; and 

39 (D) the granting of the waiver is consistent with paragraph (6). 

40 (3) LIKELIHOOD OF GREATER CONTINUOUS EMISSION REDUCTION.— 

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1 trator shall take into account any previous failure of the system or sys2 tems to operate effectively or to meet any requirement of the new 

3 source performance standards. 

4 (4) RISK TO PUBLIC HEALTH, WELFARE, OR SAFETY.— 

5 (A) CONSIDERATIONS.—In determining whether an unreason6 able risk exists under paragraph (2)(C), the Administrator shall 

7 consider, among other factors— 

8 (i) whether and to what extent the use of the proposed 

9 technological system will cause, increase, reduce, or eliminate 

10 emissions of any unregulated pollutants; 

11 (ii) available methods for reducing or eliminating any risk 

12 to public health, welfare, or safety that may be associated 

13 with the use of the system; and 

14 (iii) the availability of other technological systems that may 

15 be used to conform to standards under this section without 

16 causing or contributing to an unreasonable risk. 

17 (B) TESTS; INFORMATION.—The Administrator may conduct 

18 such tests and require the owner or operator of the proposed 

19 source to conduct such tests and provide such information as is 

20 necessary to carry out paragraph (2)(C). Such requirements shall 

21 include a requirement for prompt reporting of the emission of any 

22 unregulated pollutant from a system if the pollutant was not emit23 ted, or was emitted in significantly lesser amounts, without use of 

24 the system. 

25 (5) TERMS AND CONDITIONS.— 

26 (A) IN GENERAL.—A waiver under paragraph (5) shall be 

27 granted on such terms and conditions as the Administrator deter28 mines to be necessary to— 

29 (i) ensure that emissions from the source will not prevent 

30 attainment and maintenance of any NAAQSes; and 

31 (ii) ensure the proper functioning of the technological sys32 tem or systems authorized. 

33 (B) TREATMENT AS STANDARD OF PERFORMANCE.—Any such 

34 term or condition shall be treated as a standard of performance 

35 for the purposes of subsection (j) and section 211113 of this title. 

36 (6) NUMBER OF WAIVERS.—The number of waivers granted under 

37 this subsection with respect to a proposed technological system of con38 tinuous emission reduction shall not exceed such number as the Admin39 istrator finds necessary to ascertain whether or not the system will 

40 achieve the conditions specified in subparagraphs (B) and (C) of para41 graph (2). 


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1 (7) EFFECTIVE PERIOD.— 

2 (A) IN GENERAL.—A waiver under paragraph (1) shall extend 

3 to the earlier of— 

4 (i) a date determined by the Administrator, after consulta5 tion with the owner or operator of the source, taking into 

6 consideration the design, installation, and capital cost of the 

7 technological system or systems being used; or 

8 (ii) the date on which the Administrator determines that— 

9 (I) the system has failed to— 

10 (aa) achieve at least an equivalent continuous 

11 emission reduction to that required to be achieved 

12 under the standards of performance that would oth13 erwise apply; or 

14 (bb) comply with the condition specified in para15 graph (2)(C); and 

16 (II) the failure cannot be corrected. 

17 (B) DATE DETERMINED BY THE ADMINISTRATOR.—In carrying 

18 out subparagraph (A)(i), the Administrator shall not permit any 

19 waiver for a source or portion thereof to extend beyond the earlier 

20 of— 

21 (i) years after the date on which any waiver is granted to 

22 the source or portion thereof; or 

23 (ii) the date that is 4 years after the date on which the 

24 source or portion thereof commences operation. 

25 (8) PORTION OF SOURCE TO WHICH WAIVER APPLIES.—No waiver 

26 under paragraph (1) shall apply to any portion of a source other than 

27 the portion on which the innovative technological system or systems of 

28 continuous emission reduction are used. 

29 (9) EXTENSION.— 

30 (A) IN GENERAL.—If a waiver for a source is terminated under 

31 paragraph (7)(A)(ii), the Administrator shall grant an extension 

32 of the requirements of this section for the source for such min33 imum period as may be necessary to comply with the applicable 

34 standard of performance under this section. That period shall not 

35 extend beyond the date that is 3 years after the date on which 

36 the waiver is terminated. 

37 (B) EMISSION LIMITS AND COMPLIANCE SCHEDULE.— 

38 (i) IN GENERAL.—An extension granted under this para39 graph shall— 

40 (I) set forth emission limits and a compliance schedule 

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1 ance with the applicable standards of performance as ex2 peditiously as practicable; and 

3 (II) include such measures as are necessary and prac4 ticable in the interim to minimize emissions. 

5 (ii) TREATMENT.—A schedule under clause (i)(I) shall be 

6 treated as a standard of performance for purposes of sub7 section (j) and section 211113 of this title. 

8 (i) INCINERATION UNITS.—An incineration unit shall not be considered 

9 to be combusting municipal waste for purposes of this section if the inciner10 ation unit combusts a fuel feed stream 30 percent or less of the weight of 

11 which is comprised, in aggregate, of municipal waste. 

12 (j) PROHIBITION.—It shall be unlawful for any owner or operator of any 

13 new source to operate the source in violation of any standard of perform14 ance applicable to the source. 

15 § 211112. Hazardous air pollutants 

16 (a) DEFINITIONS.—In this section: 

17 (1) ADVERSE ENVIRONMENTAL EFFECT.— 

18 (A) IN GENERAL.—The term ‘‘adverse environmental effect’’ 

19 means any significant and widespread adverse effect that may rea20 sonably be anticipated, to wildlife, aquatic life, or other natural re21 sources. 

22 (B) INCLUSIONS.—The term ‘‘adverse environmental effect’’ in23 cludes adverse impacts on— 

24 (i) populations of endangered or threatened species; or 

25 (ii) significant degradation of environmental quality over 

26 broad areas. 

27 (2) AREA SOURCE.— 

28 (A) IN GENERAL.—The term ‘‘area source’’ means any sta29 tionary source of hazardous air pollutants that is not a major 

30 source. 

31 (B) EXCLUSIONS.—The term ‘‘area source’’ does not include 

32 motor vehicles or nonroad vehicles subject to regulation under sub33 division 3. 

34 (3) CARCINOGENIC.— 

35 (A) IN GENERAL.—Unless revised, the term ‘‘carcinogenic’’ has 

36 the meaning provided by the Administrator for purposes of the 

37 term ‘‘carcinogenic effect’’ under the Guidelines for Carcinogenic 

38 Risk Assessment as of November 15, 1990. 

39 (B) REVISION.—Any revision in the Guidelines for Carcinogenic 

40 Risk Assessment shall be subject to notice and opportunity for 

41 comment. 


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1 (4) ELECTRIC UTILITY STEAM GENERATING UNIT.— 

2 (A) IN GENERAL.—The term ‘‘electric utility steam generating 

3 unit’’ means any fossil fuel-fired combustion unit of more than 25 

4 megawatts that serves a generator that produces electricity for 

5 sale. 

6 (B) COGENERATION UNITS.—A unit that cogenerates steam and 

electricity and supplies more than 1 7 ⁄3 of its potential electric out8 put capacity and more than 25 megawatts electrical output to any 

9 utility power distribution system for sale shall be considered to be 

10 an electric utility steam generating unit. 

11 (5) EXISTING SOURCE.—The term ‘‘existing source’’ means any sta12 tionary source other than a new source. 

13 (6) HAZARDOUS AIR POLLUTANT.—The term ‘‘hazardous air pollut14 ant’’ means any air pollutant listed pursuant to subsection (b). 

15 (7) MAJOR SOURCE.— 

16 (A) IN GENERAL.—The term ‘‘major source’’ means any sta17 tionary source or group of stationary sources located within a con18 tiguous area and under common control that emits or has the po19 tential to emit, considering controls, in the aggregate— 

20 (i) 10 tons per year or more of any hazardous air pollut21 ant; or 

22 (ii) 25 tons per year or more of any combination of haz23 ardous air pollutants. 

24 (B) LESSER QUANTITY; DIFFERENT CRITERIA.—The Adminis25 trator may establish a lesser quantity, or in the case of radio26 nuclides different criteria, for a major source than that specified 

27 in subparagraph (A), on the basis of— 

28 (i) the potency of the air pollutant; 

29 (ii) the persistence of the air pollutant; 

30 (iii) the potential for bioaccumulation of the air pollutant; 

31 (iv) other characteristics of the air pollutant; or 

32 (v) other relevant factors. 

33 (8) MODIFICATION.—The term ‘‘modification’’ means any physical 

34 change in, or change in the method of operation of, a major source 

35 that— 

36 (A) increases the actual emissions of any hazardous air pollut37 ant emitted by the source by more than a de minimis amount; or 

38 (B) results in the emission of any hazardous air pollutant not 

39 previously emitted by more than a de minimis amount. 

40 (9) NEW SOURCE.—The term ‘‘new source’’ means a stationary 

41 source the construction or reconstruction of which is commenced after 


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1 the Administrator first proposes regulations under this section estab2 lishing an emission standard applicable to the source. 

3 (10) OWNER OR OPERATOR.—Except in subsection (q), the term 

4 ‘‘owner or operator’’ means any person that owns, leases, operates, con5 trols, or supervises a stationary source. 

6 (11) STATIONARY SOURCE.—The term ‘‘stationary source’’ has the 

7 meaning given the term in section 211111(a) of this title. 

8 (b) LIST OF POLLUTANTS.— 

9 (1) LIST.—Congress establishes for purposes of this section a list of 

10 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 


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CAS 

number Chemical name 

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) 

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 tertiary 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) 


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CAS 

number Chemical name 

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 that 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 that, 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 that have more than 1 benzene ring and have a boiling point greater than or 

equal to 100 degrees C. 5A type of atom that spontaneously undergoes radioactive decay. 

1 (2) REVISION OF LIST.— 

2 (A) IN GENERAL.—The Administrator shall periodically review 

3 the list established by paragraph (1) and publish the results of the 

4 review and, where appropriate, revise the list by regulation, adding 

5 pollutants that present, or may present, through inhalation or 

6 other routes of exposure, a threat of— 

7 (i) adverse human health effects, including substances 

8 that— 


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1 (I) are known to be, or may reasonably be anticipated 

2 to be, carcinogenic, mutagenic, teratogenic, neurotoxic; 

3 (II) cause reproductive dysfunction; or 

4 (III) are acutely or chronically toxic; or 

5 (ii) adverse environmental effects, whether through— 

6 (I) ambient concentrations; 

7 (II) bioaccumulation; 

8 (III) deposition; or 

9 (IV) otherwise (not including releases subject to regu10 lation under subsection (q) as a result of emissions to 

11 the air). 

12 (B) POLLUTANTS LISTED UNDER SECTION 211108(a).— 

13 (i) IN GENERAL.—No air pollutant that is listed under sec14 tion 211108(a) of this title may be added to the list under 

15 this section. 

16 (ii) APPLICABILITY.—This subparagraph does not apply to 

17 any pollutant that— 

18 (I) independently meets the listing criteria of subpara19 graph (A) and is a precursor to a pollutant that is listed 

20 under section 211108(a) of this title; or 

21 (II) is in a class of pollutants listed under that sec22 tion. 

23 (C) SUBSTANCES, PRACTICES, PROCESSES, AND ACTIVITIES

24 REGULATED UNDER SUBDIVISION 7.—No substance, practice, 

25 process, or activity regulated under subdivision 7 shall be subject 

26 to regulation under this section solely due to its adverse effects on 

27 the environment. 

28 (3) PETITIONS TO MODIFY THE LIST.— 

29 (A) PETITION.—Any person may petition the Administrator to 

30 modify the list of hazardous air pollutants under this subsection 

31 by adding or deleting a substance or, in case of listed pollutants 

32 without CAS numbers (other than coke oven emissions, mineral fi33 bers, or polycyclic organic matter), removing certain unique sub34 stances. Any such petition shall include a showing by the peti35 tioner that there are adequate data on the health or environmental 

36 effects of the pollutant or other evidence adequate to support the 

37 petition. 

38 (B) ACTION BY THE ADMINISTRATOR.—Within 18 months after 

39 receipt of a petition, the Administrator shall grant or deny the pe40 tition by publishing a written explanation of the reasons for the 


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1 Administrator’s decision. The Administrator may not deny a peti2 tion solely on the basis of inadequate resources or time for review. 

3 (C) ADDITION OF SUBSTANCE.—The Administrator shall add a 

4 substance to the list on a showing by the petitioner or on the Ad5 ministrator’s own determination that— 

6 (i) the substance is an air pollutant; and 

7 (ii) emissions, ambient concentrations, bioaccumulation, or 

8 deposition of the substance are known to cause or may rea9 sonably be anticipated to cause adverse effects on human 

10 health or adverse environmental effects. 

11 (D) DELETION FROM LIST.— 

12 (i) IN GENERAL.—The Administrator shall delete a sub13 stance from the list on a showing by the petitioner or on the 

14 Administrator’s own determination that there are adequate 

15 data on the health and environmental effects of the substance 

16 to determine that emissions, ambient concentrations, bio17 accumulation, or deposition of the substance may not reason18 ably be anticipated to cause any adverse effects on human 

19 health or adverse environmental effects. 

20 (ii) CERTAIN UNIQUE CHEMICAL SUBSTANCES THAT CON21 TAIN A LISTED HAZARDOUS AIR POLLUTANT NOT HAVING A

22 CAS NUMBER.—The Administrator shall delete from the list 

23 1 or more unique chemical substances that contain a listed 

24 hazardous air pollutant not having a CAS number (other 

25 than coke oven emissions, mineral fibers, or polycyclic organic 

26 matter) on a showing by the petitioner or on the Administra27 tor’s own determination that the unique chemical substances 

28 that contain the named chemical of the listed hazardous air 

29 pollutant meet the deletion requirements of clause (i). 

30 (4) FURTHER INFORMATION.—If the Administrator determines that 

31 information on the health or environmental effects of a substance is not 

32 sufficient to make a determination required by this subsection, the Ad33 ministrator may use any authority available to the Administrator to ac34 quire such information. 

35 (5) TEST METHODS.—The Administrator may establish, by regula36 tion, test measures and other analytic procedures for monitoring and 

37 measuring emissions, ambient concentrations, deposition, and bio38 accumulation of hazardous air pollutants. 

39 (6) PREVENTION OF SIGNIFICANT DETERIORATION.—Chapter 213 

40 shall not apply to a pollutant listed under this section. 


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1 (7) LEAD.—The Administrator may not list elemental lead as a haz2 ardous air pollutant under this subsection. 

3 (c) LIST OF SOURCE CATEGORIES.— 

4 (1) PUBLICATION AND REVISION.— 

5 (A) IN GENERAL.—The Administrator shall publish, and shall 

6 from time to time, but not less often than every 8 years, revise, 

7 if appropriate, in response to public comment or new information, 

8 a list of all categories and subcategories of major sources and area 

9 sources (listed under paragraph (3)) of the air pollutants listed 

10 pursuant to subsection (b). 

11 (B) CONSISTENCY.— 

12 (i) IN GENERAL.—To the extent practicable, the categories 

13 and subcategories listed under this subsection shall be con14 sistent with the list of source categories established pursuant 

15 to section 211111 of this title and chapter 213. 

16 (ii) EFFECT.—Nothing in clause (i) limits the Administra17 tor’s authority to establish subcategories under this section, 

18 as appropriate. 

19 (2) REQUIREMENT FOR EMISSION STANDARDS.—For the categories 

20 and subcategories that the Administrator lists, the Administrator shall 

21 establish emission standards under subsection (d), according to the 

22 schedule in this subsection and subsection (e). 

23 (3) AREA SOURCES.—The Administrator shall list under this sub24 section each category or subcategory of area sources that the Adminis25 trator finds presents a threat of adverse effects on human health or 

26 the environment (by such sources individually or in the aggregate) war27 ranting regulation under this section. The Administrator shall, pursu28 ant to subsection (j)(3)(B), list, based on actual or estimated aggregate 

29 emissions of a listed pollutant or pollutants, sufficient categories or 

30 subcategories of area sources to ensure that area sources representing 

31 90 percent of the area source emissions of the 30 hazardous air pollut32 ants that present the greatest threat to public health in the largest 

33 number of urban areas are subject to regulation under this section. 

34 (4) PREVIOUSLY REGULATED SOURCES.—The Administrator may list 

35 any category or subcategory of sources regulated under section 112 of 

36 the Clean Air Act (42 U.S.C. 7412) (as in effect before November 15, 

37 1990). 

38 (5) ADDITIONAL CATEGORIES.—In addition to the categories and 

39 subcategories of sources listed for regulation pursuant to paragraphs 

40 (1) and (3), the Administrator may at any time list additional cat41 egories and subcategories of sources of hazardous air pollutants accordVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 ing to the criteria for listing applicable under those paragraphs. In the 

2 case of source categories and subcategories listed after publication of 

3 the initial list required under paragraph (1) or (3), emission standards 

4 under subsection (d) for the category or subcategory shall be promul5 gated within 2 years after the date on which the category or sub6 category is listed. 

7 (6) SPECIFIC POLLUTANTS.— 

8 (A) IN GENERAL.—With respect to alkylated lead compounds, 

9 polycyclic organic matter, hexachlorobenzene, mercury, poly10 chlorinated biphenyls, 2,3,7,8-tetrachlorodibenzofurans, and 

11 2,3,7,8-tetrachlorodibenzo-p-dioxin, the Administrator shall list 

12 categories and subcategories of sources ensuring that sources ac13 counting for not less than 90 percent of the aggregate emissions 

14 of each such pollutant are subject to standards under paragraph 

15 (2) or (4) of subsection (d). 

16 (B) EFFECT OF PARAGRAPH.—This paragraph shall not be con17 strued to require the Administrator to promulgate standards for 

18 pollutants described in subparagraph (A) emitted by electric utility 

19 steam generating units. 

20 (7) RESEARCH OR LABORATORY FACILITIES.— 

21 (A) DEFINITION OF RESEARCH OR LABORATORY FACILITY.—In 

22 this paragraph, the term ‘‘research or laboratory facility’’ means 

23 a stationary source the primary purpose of which is to conduct re24 search and development into a new process or products, where if 

25 the source— 

26 (i) is operated under the close supervision of technically 

27 trained personnel; and 

28 (ii) is not engaged in the manufacture of a product for 

29 commercial sale in commerce, except in a de minimis manner. 

30 (B) SEPARATE CATEGORY.—The Administrator shall establish a 

31 separate category covering research or laboratory facilities as nec32 essary to ensure the equitable treatment of such facilities. 

33 (8) BOAT MANUFACTURING.—When establishing emission standards 

34 for styrene, the Administrator shall list boat manufacturing as a sepa35 rate subcategory unless the Administrator finds that such a listing 

36 would be inconsistent with the goals and requirements of this division. 

37 (9) DELETION FROM LIST.— 

38 (A) UNIQUE CHEMICAL SUBSTANCES.—Where the sole reason 

39 for the inclusion of a source category on the list required under 

40 this subsection is the emission of a unique chemical substance, the 


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1 Administrator shall delete the source category from the list if it 

2 is appropriate because of action taken under subsection (b)(3)(D). 

3 (B) ANY SOURCE CATEGORY.— 

4 (i) IN GENERAL.—The Administrator may delete any 

5 source category from the list under this subsection, on peti6 tion of any person or on the Administrator’s own motion, 

7 whenever the Administrator makes the following determina8 tion or determinations, as applicable: 

9 (I) In the case of hazardous air pollutants emitted by 

10 sources in the category that may result in cancer in hu11 mans, a determination that no source in the category (or 

12 group of sources in the case of area sources) emits such 

13 hazardous air pollutants in quantities that may cause a 

14 lifetime risk of cancer greater than 1 in 1,000,000 to the 

15 individual in the population who is most exposed to emis16 sions of the pollutants from the source (or group of 

17 sources in the case of an area source). 

18 (II) In the case of hazardous air pollutants that may 

19 result in adverse health effects in humans (other than 

20 cancer) or adverse environmental effects, a determination 

21 that emissions from no source in the category or sub22 category (or group of sources in the case of area sources) 

23 exceed a level that is adequate to protect public health 

24 with an ample margin of safety, and no adverse environ25 mental effect will result from emissions from any source 

26 (or from a group of sources in the case of an area 

27 source). 

28 (ii) GRANT OR DENIAL.—The Administrator shall grant or 

29 deny a petition under this subparagraph within 1 year after 

30 the petition is filed. 

31 (d) EMISSION STANDARDS.— 

32 (1) REGULATIONS.— 

33 (A) IN GENERAL.—The Administrator shall promulgate regula34 tions establishing emission standards for each category or sub35 category of major sources and area sources of hazardous air pol36 lutants listed for regulation pursuant to subsection (c). 

37 (B) CLASSES, TYPES, AND SIZES.—The Administrator may dis38 tinguish among classes, types, and sizes of sources within a cat39 egory or subcategory in establishing the emission standards, ex40 cept that there shall be no delay in the compliance date for any 


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1 standard applicable to any source under subsection (i) as the re2 sult of the authority provided by this subparagraph. 

3 (2) STANDARDS AND METHODS.— 

4 (A) IN GENERAL.—Emission standards promulgated under this 

5 subsection and applicable to new sources or existing sources of 

6 hazardous air pollutants shall require the maximum degree of re7 duction in emissions of hazardous air pollutants subject to this 

8 section (including a prohibition on such emissions, where achiev9 able) that the Administrator, taking into consideration the cost of 

10 achieving such emission reduction, and any non-air-quality health 

11 and environmental impacts and energy requirements, determines is 

12 achievable for new sources or existing sources in the category or 

13 subcategory to which the emission standard applies, through appli14 cation of measures, processes, methods, systems or techniques, in15 cluding measures that— 

16 (i) reduce the volume of, or eliminate emissions of, such 

17 pollutants through process changes, substitution of materials, 

18 or other modifications; 

19 (ii) enclose systems or processes to eliminate emissions; 

20 (iii) collect, capture, or treat such pollutants when released 

21 from a process, stack, storage, or fugitive emissions point; 

22 (iv) are design, equipment, work practice, or operational 

23 standards (including requirements for operator training or 

24 certification) as provided in subsection (h); or 

25 (v) are a combination of the measures described in clauses 

26 (i) through (iv). 

27 (B) NO COMPROMISE OF INTELLECTUAL PROPERTY RIGHTS.— 

28 None of the measures described in clauses (i) through (iv) of sub29 paragraph (A) shall, consistent with section 211114(c) of this 

30 title, in any way compromise any United States patent or United 

31 States trademark right, or confidential business information, trade 

32 secret, or other intellectual property right. 

33 (3) NEW SOURCES AND EXISTING SOURCES.— 

34 (A) NEW SOURCES.—The maximum degree of reduction in 

35 emissions that is considered achievable for new sources in a cat36 egory or subcategory shall not be less stringent than the emission 

37 control that is achieved in practice by the best controlled similar 

38 source, as determined by the Administrator. 

39 (B) EXISTING SOURCES.—An emission standard promulgated 

40 under this subsection for existing sources in a category or sub41 category— 


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1 (i) may be less stringent than standards for new sources 

2 in the same category or subcategory; but 

3 (ii) shall not be less stringent, and may be more stringent, 

4 than— 

5 (I) the average emission limitation achieved by the 

6 best performing 12 percent of the existing sources (for 

7 which the Administrator has emissions information), ex8 cluding sources that have, within 18 months before the 

9 emission standard is proposed or within 30 months be10 fore the emission standard is promulgated, whichever is 

11 later, first achieved a level of emission rate or emission 

12 reduction that complies, or would comply if the source is 

13 not subject to the standard, with the lowest achievable 

14 emission rate (as defined in section 215101 of this title) 

15 applicable to the source category and prevailing at the 

16 time, in the category or subcategory for categories and 

17 subcategories with 30 or more sources; or 

18 (II) the average emission limitation achieved by the 

19 best performing 5 sources (for which the Administrator 

20 has or could reasonably obtain emissions information) in 

21 the category or subcategory for categories or subcat22 egories with fewer than 30 sources. 

23 (4) HEALTH THRESHOLD.—With respect to pollutants for which a 

24 health threshold has been established, the Administrator may consider 

25 that threshold level, with an ample margin of safety, when establishing 

26 emission standards under this subsection. 

27 (5) ALTERNATIVE STANDARD FOR AREA SOURCES.—With respect 

28 only to categories and subcategories of area sources listed pursuant to 

29 subsection (c), the Administrator may, in lieu of the authorities pro30 vided in paragraph (2) and subsection (f), elect to promulgate stand31 ards or requirements applicable to sources in categories or subcat32 egories that provide for the use of generally available control tech33 nologies or management practices by those sources to reduce emissions 

34 of hazardous air pollutants. 

35 (6) REVIEW AND REVISION.—The Administrator shall review, and re36 vise as necessary (taking into account developments in practices, proc37 esses, and control technologies), emission standards promulgated under 

38 this section not less often than every 8 years. 

39 (7) OTHER REQUIREMENTS.—No emission standard or other require40 ment promulgated under this section shall be interpreted, construed, or 

41 applied to diminish or replace the requirements of— 


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1 (A) a more stringent emission limitation or other applicable re2 quirement established pursuant to section 211111 of this title, 

3 chapter 213 or 215, or other authority of this division; or 

4 (B) a standard issued under State authority. 

5 (8) COKE OVENS.— 

6 (A) REGULATIONS ESTABLISHING EMISSION STANDARDS.— 

7 (i) IN GENERAL.—The Administrator shall promulgate reg8 ulations establishing emission standards under paragraphs 

9 (2) and (3) for coke oven batteries. 

10 (ii) EVALUATIONS.—In establishing such standards, the 

11 Administrator shall evaluate— 

12 (I) the use of sodium silicate (or equivalent) luting 

13 compounds to prevent door leaks, and other operating 

14 practices and technologies for their effectiveness in re15 ducing coke oven emissions, and their suitability for use 

16 on new and existing coke oven batteries, taking into ac17 count costs and reasonable commercial door warranties; 

18 and 

19 (II) as a basis for emission standards under this sub20 section for new coke oven batteries that begin construc21 tion after the date of proposal of the standards, the 

22 Jewell design Thompson non-recovery coke oven batteries 

23 and other non-recovery coke oven technologies, and other 

24 appropriate emission control and coke production tech25 nologies, as to their effectiveness in reducing coke oven 

26 emissions and their capability for production of steel 

27 quality coke. 

28 (iii) MINIMUM REQUIREMENTS.—The regulations shall re29 quire at a minimum that coke oven batteries will not exceed 

30 8 percent leaking doors, 1 percent leaking lids, 5 percent 

31 leaking offtakes, and 16 seconds visible emissions per charge, 

32 with no exclusion for emissions during the period after the 

33 closing of self-sealing oven doors. 

34 (B) WORK PRACTICE REGULATIONS.—The Administrator shall 

35 promulgate work practice regulations under this subsection for 

36 coke oven batteries requiring, as appropriate— 

37 (i) the use of sodium silicate (or equivalent) luting com38 pounds, if the Administrator determines that use of sodium 

39 silicate is an effective means of emission control and is 

40 achievable, taking into account costs and reasonable commer41 cial warranties for doors and related equipment; and 


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1 (ii) door and jam cleaning practices. 

2 (C) COKE OVEN BATTERIES ELECTING TO QUALIFY FOR COM3 PLIANCE DATE EXTENSION.—For coke oven batteries electing to 

4 qualify for an extension of the compliance date for standards pro5 mulgated under subsection (f) in accordance with subsection 

6 (i)(8), the emission standards under this subsection for coke oven 

7 batteries shall require that coke oven batteries not exceed— 

8 (i) 8 percent leaking doors; 

9 (ii) 1 percent leaking lids; 

10 (iii) 5 percent leaking offtakes; and 

11 (iv) 16 seconds visible emissions per charge; 

12 with no exclusion for emissions during the period after the closing 

13 of self-sealing doors. 

14 (9) SOURCES LICENSED BY THE NUCLEAR REGULATORY COMMIS15 SION.—No standard for radionuclide emissions from any category or 

16 subcategory of facilities licensed by the Nuclear Regulatory Commission 

17 (or an Agreement State) is required to be promulgated under this sec18 tion if the Administrator determines, by regulation, and after consulta19 tion with the Nuclear Regulatory Commission, that the regulatory pro20 gram established by the Nuclear Regulatory Commission pursuant to 

21 the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) for the cat22 egory or subcategory provides an ample margin of safety to protect the 

23 public health. Nothing in this subsection precludes or denies the right 

24 of any State or political subdivision thereof to adopt or enforce any 

25 standard or limitation respecting emissions of radionuclides that is 

26 more stringent than the standard or limitation in effect under section 

27 211111 of this title or this section. 

28 (10) EFFECTIVE DATE.—Emission standards or other regulations 

29 promulgated under this subsection shall be effective on promulgation. 

30 (e) PRIORITIES; JUDICIAL REVIEW.— 

31 (1) PRIORITIES.—In determining priorities for promulgating stand32 ards under subsection (d), the Administrator shall consider— 

33 (A) the known or anticipated adverse effects of pollutants on 

34 public health and the environment; 

35 (B) the quantity and location of emissions or reasonably antici36 pated emissions of hazardous air pollutants that each category or 

37 subcategory will emit; and 

38 (C) the efficiency of grouping categories or subcategories ac39 cording to the pollutants emitted, or the processes or technologies 

40 used. 


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1 (2) JUDICIAL REVIEW.—Notwithstanding section 203102 of this 

2 title, no action of the Administrator adding a pollutant to the list under 

3 subsection (b) or listing a source category or subcategory under sub4 section (c) shall be a final agency action subject to judicial review, ex5 cept that any such action may be reviewed under section 211113 of 

6 this title when the Administrator issues emission standards for such a 

7 pollutant or category. 

8 (f) EMISSION STANDARDS TO PROTECT HEALTH AND ENVIRONMENT.— 

9 (1) REPORT.—The Administrator shall investigate and report, after 

10 consultation with the Surgeon General and after opportunity for public 

11 comment, to Congress on— 

12 (A) methods of calculating the risk to public health remaining, 

13 or likely to remain, from sources subject to regulation under this 

14 section after the application of standards under subsection (d); 

15 (B) the public health significance of such estimated remaining 

16 risk and the technologically and commercially available methods 

17 and costs of reducing such risks; 

18 (C) the actual health effects with respect to persons living in the 

19 vicinity of sources, any available epidemiological or other health 

20 studies, risks presented by background concentrations of haz21 ardous air pollutants, any uncertainties in risk assessment meth22 odology or other health assessment technique, and any negative 

23 health or environmental consequences to the community of efforts 

24 to reduce such risks; and 

25 (D) recommendations as to legislation regarding the remaining 

26 risk. 

27 (2) EMISSION STANDARDS.— 

28 (A) IN GENERAL.—If Congress does not act on any rec29 ommendation submitted under paragraph (1), the Administrator 

30 shall, within 8 years after promulgation of emission standards for 

31 each category or subcategory of sources pursuant to subsection 

32 (d), promulgate emission standards for the category or sub33 category if promulgation of emission standards is required to pro34 vide an ample margin of safety to protect public health in accord35 ance with section 112 of the Clean Air Act (42 U.S.C. 7412) (as 

36 in effect before November 15, 1990) or to prevent, taking into 

37 consideration costs, energy, safety, and other relevant factors, an 

38 adverse environmental effect. Emission standards promulgated 

39 under this subsection shall provide an ample margin of safety to 

40 protect public health in accordance with section 112 of the Clean 

41 Air Act (42 U.S.C. 7412) (as in effect before November 15, 


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1 1990), unless the Administrator determines that a more stringent 

2 emission standard is necessary to prevent, taking into consider3 ation costs, energy, safety, and other relevant factors, an adverse 

4 environmental effect. If emission standards promulgated pursuant 

5 to subsection (d) and applicable to a category or subcategory of 

6 sources emitting a pollutant (or pollutants) classified as a known, 

7 probable, or possible human carcinogen do not reduce lifetime ex8 cess cancer risks to the individual most exposed to emissions from 

9 a source in the category or subcategory to less than 1 in 

10 1,000,000, the Administrator shall promulgate emission standards 

11 under this subsection for that source category. 

12 (B) EFFECT OF SECTION.—Nothing in subparagraph (A) or in 

13 any other provision of this section shall be construed as affecting, 

14 or applying to the Administrator’s interpretation of section 112 of 

15 the Clean Air Act (42 U.S.C. 7412) (as in effect before November 

16 15, 1990), and set forth in the Federal Register of September 14, 

17 1989 (54 Fed. Reg. 38044). 

18 (C) DEADLINES.— 

19 (i) IN GENERAL.—The Administrator shall determine 

20 whether or not to promulgate emission standards under sub21 paragraph (A) and, if the Administrator decides to promul22 gate emission standards, shall promulgate the emission stand23 ards 8 years after promulgation of the emission standards 

24 under subsection (d) for each source category or subcategory 

25 concerned. 

26 (ii) CATEGORIES OR SUBCATEGORIES FOR WHICH STAND27 ARDS UNDER SUBSECTION (d) WERE REQUIRED TO BE PRO28 MULGATED WITHIN 2 YEARS AFTER NOVEMBER 15, 1990.—In 

29 the case of categories or subcategories for which standards 

30 under subsection (d) were required to be promulgated within 

31 2 years after November 15, 1990, the Administrator shall 

32 have 9 years after promulgation of the emission standards 

33 under subsection (d) to make the determination under clause 

34 (i) and, if required, to promulgate the emission standards 

35 under this paragraph. 

36 (3) EFFECTIVE DATE.—Any emission standard established pursuant 

37 to this subsection shall become effective on promulgation. 

38 (4) PROHIBITION.— 

39 (A) IN GENERAL.—Except as provided in subparagraph (B), no 

40 air pollutant to which an emission standard under this subsection 


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1 applies may be emitted from any stationary source in violation of 

2 the emission standard. 

3 (B) EXISTING SOURCES.—In the case of an existing source— 

4 (i) the emission standard shall not apply until 90 days 

5 after its effective date; and 

6 (ii) the Administrator may grant a waiver permitting an 

7 existing source a period of up to 2 years after the effective 

8 date of an emission standard to comply with the emission 

9 standard if the Administrator finds that such a period is nec10 essary for the installation of controls and that steps will be 

11 taken during the period of the waiver to ensure that the 

12 health of persons will be protected from imminent 

13 endangerment. 

14 (5) AREA SOURCES.—The Administrator is not required to conduct 

15 any review under this subsection or promulgate emission limitations 

16 under this subsection for any category or subcategory of area sources 

17 that is listed pursuant to subsection (c)(3) and for which an emission 

18 standard is promulgated pursuant to subsection (d)(5). 

19 (6) UNIQUE CHEMICAL SUBSTANCES.—In establishing emission 

20 standards for the control of unique chemical substances of listed pollut21 ants without CAS numbers under this subsection, the Administrator 

22 shall establish the emission standards with respect to the health and 

23 environmental effects of the substances actually emitted by sources and 

24 direct transformation byproducts of such emissions in the categories 

25 and subcategories. 

26 (g) MODIFICATIONS.— 

27 (1) OFFSETS.— 

28 (A) CHANGE NOT A MODIFICATION.— 

29 (i) IN GENERAL.—A physical change in, or change in the 

30 method of operation of, a major source that results in a 

31 greater than de minimis increase in actual emissions of a haz32 ardous air pollutant shall not be considered a modification, if 

33 the increase in the quantity of actual emissions of any haz34 ardous air pollutant from the source will be offset by an equal 

35 or greater decrease in the quantity of emissions of another 

36 hazardous air pollutant (or pollutants) from the source that 

37 is considered more hazardous, pursuant to guidance issued by 

38 the Administrator under subparagraph (B). 

39 (ii) SHOWING.—The owner or operator of the source shall 

40 submit a showing to the Administrator (or the State) that an 


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1 increase described in clause (i) has been offset as described 

2 in that clause. 

3 (B) GUIDANCE.—The Administrator shall, after notice and op4 portunity for comment, publish guidance with respect to imple5 mentation of this subsection. The guidance shall include an identi6 fication, to the extent practicable, of the relative hazard to human 

7 health resulting from emissions to the ambient air of each of the 

8 pollutants listed under subsection (b) sufficient to facilitate the 

9 offset showing authorized by subparagraph (A). The guidance 

10 shall not authorize offsets between pollutants where the increased 

11 pollutant (or more than 1 pollutant in a stream of pollutants) 

12 causes adverse effects on human health for which no safety thresh13 old for exposure can be determined unless there are corresponding 

14 decreases in those types of pollutants. 

15 (2) MODIFICATION; CONSTRUCTION OR RECONSTRUCTION.— 

16 (A) MODIFICATION.—No person may modify a major source of 

17 hazardous air pollutants in a State unless the Administrator or 

18 the State determines that the maximum achievable control tech19 nology emission limitation under this section for existing sources 

20 will be met. Such a determination shall be made on a case-by-case 

21 basis where no applicable emission limitations have been estab22 lished by the Administrator. 

23 (B) CONSTRUCTION OR RECONSTRUCTION.—No person may 

24 construct or reconstruct any major source of hazardous air pollut25 ants in a State unless the Administrator or the State determines 

26 that the maximum achievable control technology emission limita27 tion under this section for new sources will be met. Such a deter28 mination shall be made on a case-by-case basis where no applica29 ble emission limitations have been established by the Adminis30 trator. 

31 (3) PROCEDURES FOR MODIFICATION.—The Administrator (or the 

32 State) shall establish reasonable procedures for ensuring that the re33 quirements applying to modifications under this section are reflected in 

34 the permit. 

35 (h) WORK PRACTICE STANDARDS AND OTHER REQUIREMENTS.— 

36 (1) IN GENERAL.—For purposes of this section, if it is not feasible 

37 in the judgment of the Administrator to prescribe or enforce an emis38 sion standard for control of a hazardous air pollutant or pollutants, the 

39 Administrator may, in lieu of prescribing or enforcing an emission 

40 standard, promulgate a design, equipment, work practice, or oper41 ational standard, or combination thereof, that in the Administrator’s 


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1 judgment is consistent with subsection (d) or (f). If the Administrator 

2 promulgates a design or equipment standard under this subsection, the 

3 Administrator shall include as part of the design or equipment stand4 ard such requirements as will ensure the proper operation and mainte5 nance of any such element of design or equipment. 

6 (2) EMISSION STANDARD NOT FEASIBLE.—For the purpose of this 

7 subsection, the Administrator may determine that it is not feasible to 

8 prescribe or enforce an emission standard in any situation in which the 

9 Administrator determines that— 

10 (A)(i) a hazardous air pollutant or pollutants cannot be emitted 

11 through a conveyance designed and constructed to emit or capture 

12 the pollutant; or 

13 (ii) any requirement for, or use of, such a conveyance would be 

14 inconsistent with any Federal, State, or local law; or 

15 (B) the application of measurement methodology to a particular 

16 class of sources is not practicable due to technological and eco17 nomic limitations. 

18 (3) ALTERNATIVE STANDARD.—If after notice and opportunity for 

19 comment, the owner or operator of any source establishes to the satis20 faction of the Administrator that an alternative means of emission limi21 tation will achieve a reduction in emissions of any air pollutant at least 

22 equivalent to the reduction in emissions of the pollutant achieved under 

23 the requirements of paragraph (1), the Administrator shall permit the 

24 use of the alternative by the source for purposes of compliance with 

25 this section with respect to that pollutant. 

26 (4) NUMERICAL STANDARD.—Any standard promulgated under para27 graph (1) shall be promulgated in terms of an emission standard when28 ever it is feasible to promulgate and enforce a standard in such terms. 

29 (i) SCHEDULE FOR COMPLIANCE.— 

30 (1) PRECONSTRUCTION AND OPERATING REQUIREMENTS.—After the 

31 effective date of any emission standard, limitation, or regulation under 

32 subsection (d), (f), or (h), no person may construct any new major 

33 source or reconstruct any existing major source subject to the emission 

34 standard, regulation, or limitation unless the Administrator (or a State 

35 with a permit program approved under subdivision 6) determines that 

36 the source, if properly constructed, reconstructed, and operated, will 

37 comply with the standard, regulation, or limitation. 

38 (2) SPECIAL RULE.—Notwithstanding paragraph (1), a new source 

39 that commences construction or reconstruction after a standard, limita40 tion, or regulation applicable to the source is proposed and before the 

41 standard, limitation, or regulation is promulgated shall not be required 


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1 to comply with the promulgated standard until the date that is 3 years 

2 after the date of promulgation if— 

3 (A) the promulgated standard, limitation, or regulation is more 

4 stringent than the standard, limitation, or regulation proposed; 

5 and 

6 (B) the source complies with the standard, limitation, or regula7 tion as proposed during the 3-year period immediately after pro8 mulgation. 

9 (3) COMPLIANCE SCHEDULE FOR EXISTING SOURCES.— 

10 (A) PROHIBITION.—After the effective date of any emission 

11 standard, limitation, or regulation promulgated under this section 

12 and applicable to a source, no person may operate the source in 

13 violation of the standard, limitation, or regulation except that, in 

14 the case of an existing source, the Administrator shall establish a 

15 compliance date or dates for each category or subcategory of exist16 ing sources, which shall provide for compliance as expeditiously as 

17 practicable, but in no event later than 3 years after the effective 

18 date of the standard, limitation, or regulation, except as provided 

19 in subparagraph (B) and paragraphs (4) through (8). 

20 (B) EXTENSION PERMIT.—The Administrator (or a State with 

21 a program approved under subdivision 6) may issue a permit that 

22 grants an extension permitting an existing source up to 1 addi23 tional year to comply with standards under subsection (d) if such 

24 an additional period is necessary for the installation of controls. 

25 An additional extension of up to 3 years may be added for mining 

26 waste operations, if the 4-year compliance time is insufficient to 

27 dry and cover mining waste in order to reduce emissions of any 

28 pollutant listed under subsection (b). 

29 (4) PRESIDENTIAL EXEMPTION.—The President may exempt any 

30 stationary source from compliance with any standard or limitation 

31 under this section for a period of not more than 2 years if the Presi32 dent determines that the technology to implement the standard is not 

33 available and that it is in the national security interests of the United 

34 States to do so. An exemption under this paragraph may be extended 

35 for 1 or more additional periods, each period not to exceed 2 years. 

36 The President shall report to Congress with respect to each exemption 

37 (or extension thereof) made under this paragraph. 

38 (5) EARLY REDUCTION.— 

39 (A) IN GENERAL.— 

40 (i) PERMIT.—The Administrator (or a State acting pursu41 ant to a permit program approved under subdivision 6) shall 


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1 issue a permit allowing an existing source, for which the 

2 owner or operator demonstrates that the source has achieved 

3 a reduction of 90 percent or more in emissions of hazardous 

4 air pollutants (95 percent in the case of hazardous air pollut5 ants that are particulates) from the source, to meet an alter6 native emission limitation reflecting the reduction in lieu of 

7 an emission limitation promulgated under subsection (d) for 

8 a period of 6 years after the compliance date for the other9 wise applicable standard, if reduction is achieved before the 

10 otherwise applicable standard under subsection (d) is first 

11 proposed. 

12 (ii) EFFECT OF PARAGRAPH.—Nothing in this paragraph 

13 precludes a State from requiring reductions in excess of those 

14 specified in this subparagraph as a condition of granting the 

15 extension authorized by clause (i). 

16 (B) REDUCTION DETERMINATION.—The reduction shall be de17 termined with respect to verifiable and actual emissions in a base 

18 year not earlier than calendar year 1987, so long as there is no 

19 evidence that emissions in the base year are artificially or substan20 tially greater than emissions in other years prior to implementa21 tion of emissions reduction measures. The Administrator may 

22 allow a source to use a baseline year of 1985 or 1986 if the source 

23 can demonstrate to the satisfaction of the Administrator that 

24 emissions data for the source reflect verifiable data based on infor25 mation for the source, received by the Administrator prior to No26 vember 15, 1990, pursuant to an information request issued under 

27 section 211114 of this title. 

28 (C) ENFORCEABLE EMISSION LIMITATION.—For each source 

29 granted an alternative emission limitation under this paragraph 

30 there shall be established by a permit issued pursuant to subdivi31 sion 6 an enforceable emission limitation for hazardous air pollut32 ants reflecting the reduction that qualifies the source for an alter33 native emission limitation under this paragraph. An alternative 

34 emission limitation under this paragraph shall not be available 

35 with respect to standards or requirements promulgated pursuant 

36 to subsection (f), and the Administrator shall, for the purpose of 

37 determining whether a standard under subsection (f) is necessary, 

38 review emissions from sources granted an alternative emission lim39 itation under this paragraph at the same time that other sources 

40 in the category or subcategory are reviewed. 


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1 (D) LIMITATION.—With respect to pollutants for which high 

2 risks of adverse public health effects may be associated with expo3 sure to small quantities, including chlorinated dioxins and furans, 

4 the Administrator shall by regulation limit the use of offsetting re5 ductions in emissions of other hazardous air pollutants from the 

6 source as counting toward the 90 percent reduction in such high7 risk pollutants qualifying for an alternative emission limitation 

8 under this paragraph. 

9 (6) OTHER REDUCTIONS.—Notwithstanding the requirements of this 

10 section, no existing source that has installed— 

11 (A) best available control technology (as defined in section 

12 213102 of this title); or 

13 (B) technology required to meet a lowest achievable emission 

14 rate (as defined in section 215101 of this title); 

15 prior to the promulgation of a standard under this section applicable 

16 to the source and the same pollutant (or stream of pollutants) con17 trolled pursuant to an action described in subparagraph (A) or (B) 

18 shall be required to comply with the standard under this section until 

19 the date that is 5 years after the date on which the installation or re20 duction has been achieved, as determined by the Administrator. The 

21 Administrator may issue such regulations and guidance as are nec22 essary to implement this paragraph. 

23 (7) EXTENSION FOR NEW SOURCES.—A source for which construc24 tion or reconstruction is commenced after the date an emission stand25 ard applicable to the source is proposed pursuant to subsection (d) but 

26 before the date on which an emission standard applicable to the source 

27 is proposed pursuant to subsection (f) shall not be required to comply 

28 with the emission standard under subsection (f) until the date that is 

29 10 years after the date on which construction or reconstruction is com30 menced. 

31 (8) COKE OVENS.— 

32 (A) DATE FOR ACHIEVEMENT OF EMISSION LIMITATIONS.—Any 

33 coke oven battery that complies with the emission limitations es34 tablished under subsection (d)(8)(C) and subparagraph (B) shall 

35 not be required to achieve emission limitations promulgated under 

36 subsection (f) until January 1, 2020. 

37 (B) INTERIM EMISSION LIMITATIONS.— 

38 (i) IN GENERAL.—The Administrator shall promulgate 

39 emission limitations for coke oven emissions from coke oven 

40 batteries. The emission limitations shall reflect the lowest 

41 achievable emission rate (as defined in section 215101 of this 


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1 title) for a coke oven battery that is rebuilt or a replacement 

2 at a coke oven plant for an existing battery. 

3 (ii) STRINGENCY.—The emission limitations under clause 

4 (i) shall be no less stringent than— 

5 (I) 3 percent leaking doors (5 percent leaking doors 

6 for 6-meter batteries); 

7 (II) 1 percent leaking lids; 

8 (III) 4 percent leaking offtakes; and 

9 (IV) 16 seconds visible emissions per charge; 

10 with an exclusion for emissions during the period after the 

11 closing of self-sealing oven doors (or the total mass emissions 

12 equivalent). 

13 (iii) MEASUREMENT METHODOLOGY; TERMS.—The rule14 making in which the emission limitations are promulgated 

15 shall establish an appropriate measurement methodology for 

16 determining compliance with the emission limitations, and 

17 shall establish such emission limitations in terms of an equiv18 alent level of mass emissions reduction from a coke oven bat19 tery, unless the Administrator finds that such a mass emis20 sion standard would not be practicable or enforceable. The 

21 measurement methodology, to the extent it measures leaking 

22 doors, shall take into consideration alternative test methods 

23 that reflect the best technology and practices actually applied 

24 in the affected industries, and shall ensure that the final test 

25 methods are consistent with the performance of such best 

26 technology and practices. 

27 (iv) REVIEW AND REVISION.—The Administrator shall re28 view the emission limitations promulgated under clause (i) 

29 and revise, as necessary, the emission limitations to reflect 

30 the lowest achievable emission rate (as defined in section 

31 215101 of this title) at the time for a coke oven battery that 

32 is rebuilt or a replacement at a coke oven plant for an exist33 ing battery. Such emission limitations shall be no less strin34 gent than the emission limitation promulgated under clause 

35 (i). Notwithstanding paragraph (2), the compliance date for 

36 such emission limitations for existing coke oven batteries shall 

37 be January 1, 2010. 

38 (C) ELECTION TO COMPLY.—Prior to January 1, 1998, the 

39 owner or operator of any coke oven battery may elect to comply 

40 with emission limitations promulgated under subsection (f) by the 

41 date on which those emission limitations would otherwise apply to 


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1 the coke oven battery, in lieu of the emission limitations and the 

2 compliance dates provided under subparagraph (B). Any such 

3 owner or operator shall be legally bound to comply with the emis4 sion limitations promulgated under subsection (f) with respect to 

5 that coke oven battery. If no such emission limitations have been 

6 promulgated for the coke oven battery, the Administrator shall 

7 promulgate such emission limitations in accordance with sub8 section (f) for that coke oven battery. 

9 (D) EFFECT OF RECONSTRUCTION.— 

10 (i) DEFINITION OF RECONSTRUCTION.—In this subpara11 graph, the term ‘‘reconstruction’’ includes the replacement of 

12 existing coke oven battery capacity with new coke oven bat13 teries of comparable or lower capacity and lower potential 

14 emissions. 

15 (ii) EFFECT.—Notwithstanding this section, reconstruction 

16 of any source of coke oven emissions qualifying for an exten17 sion under this paragraph shall not subject the source to 

18 emission limitations under subsection (f) that are more strin19 gent than those established under subparagraph (B) until 

20 January 1, 2020. 

21 (j) AREA SOURCE PROGRAM.— 

22 (1) FINDINGS AND PURPOSE.—Congress finds that emissions of haz23 ardous air pollutants from area sources may individually, or in the ag24 gregate, present significant risks to public health in urban areas. Con25 sidering the large number of persons exposed and the risks of carcino26 genic and other adverse health effects from hazardous air pollutants, 

27 ambient concentrations characteristic of large urban areas should be 

28 reduced to levels substantially below those currently experienced. It is 

29 the purpose of this subsection to achieve a substantial reduction in 

30 emissions of hazardous air pollutants from area sources and an equiva31 lent reduction in the public health risks associated with area sources, 

32 including a reduction of not less than 75 percent in the incidence of 

33 cancer attributable to emissions from area sources. 

34 (2) RESEARCH PROGRAM.— 

35 (A) IN GENERAL.—The Administrator shall, after consultation 

36 with State and local air pollution control officials, conduct a pro37 gram of research with respect to sources of hazardous air pollut38 ants in urban areas that includes within the program— 

39 (i) ambient monitoring for a broad range of hazardous air 

40 pollutants (including volatile organic compounds, metals, pesVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 ticides, and products of incomplete combustion) in a rep2 resentative number of urban locations; 

3 (ii) analysis to characterize the sources of such pollution 

4 with a focus on area sources and the contribution that area 

5 sources make to public health risks from hazardous air pollut6 ants; and 

7 (iii) consideration of atmospheric transformation and other 

8 factors that can elevate public health risks from such pollut9 ants. 

10 (B) HEALTH EFFECTS TO BE CONSIDERED.—The health effects 

11 considered under the program include carcinogenicity, mutage12 nicity, teratogenicity, neurotoxicity, reproductive dysfunction, and 

13 other acute and chronic effects, including the role of such pollut14 ants as precursors of ozone or acid aerosol formation. 

15 (3) NATIONAL STRATEGY.— 

16 (A) IN GENERAL.—Considering information collected pursuant 

17 to the monitoring program authorized by paragraph (2), the Ad18 ministrator shall, after notice and opportunity for public comment, 

19 submit to Congress a comprehensive strategy to control emissions 

20 of hazardous air pollutants from area sources in urban areas. 

21 (B) CONTENTS.— 

22 (i) IN GENERAL.—The strategy shall— 

23 (I) identify not less than 30 hazardous air pollutants 

24 that, as the result of emissions from area sources, 

25 present the greatest threat to public health in the largest 

26 number of urban areas and that are or will be listed pur27 suant to subsection (b); and 

28 (II) identify the source categories or subcategories 

29 emitting such pollutants that are or will be listed pursu30 ant to subsection (c). 

31 (ii) PERCENTAGE OF SOURCES SUBJECT TO STANDARDS.— 

32 When identifying categories and subcategories of sources 

33 under this subparagraph, the Administrator shall ensure that 

34 sources accounting for 90 percent or more of the aggregate 

35 emissions of each of the 30 identified hazardous air pollutants 

36 are subject to standards pursuant to subsection (d). 

37 (C) REQUIREMENTS.—The strategy shall— 

38 (i) include a schedule of specific actions to substantially re39 duce the public health risks posed by the release of hazardous 

40 air pollutants from area sources that will be implemented by 

41 the Administrator under the authority of this division or 


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1 other laws (including the Toxic Substances Control Act (15 

2 U.S.C. 2601 et seq.), the Federal Insecticide, Fungicide, and 

3 Rodenticide Act (7 U.S.C. 136 et seq.), and the Solid Waste 

4 Disposal Act (42 U.S.C. 6901 et seq.)) or by the States; and 

5 (ii) achieve a reduction in the incidence of cancer attrib6 utable to exposure to hazardous air pollutants emitted by sta7 tionary sources of not less than 75 percent, considering con8 trol of emissions of hazardous air pollutants from all sta9 tionary sources and resulting from measures implemented by 

10 the Administrator or by the States under this division or 

11 other laws. 

12 (D) RESEARCH NEEDS.—The strategy may identify research 

13 needs in monitoring, analytical methodology, modeling, or pollution 

14 control techniques and make recommendations for changes in law 

15 that would further the goals and objectives of this subsection. 

16 (E) EFFECT OF SUBSECTION.—Nothing in this subsection shall 

17 be interpreted to preclude or delay implementation of actions with 

18 respect to area sources of hazardous air pollutants under consider19 ation pursuant to this or any other law and that may be promul20 gated before the strategy is prepared. 

21 (F) IMPLEMENTATION.—The Administrator shall implement the 

22 strategy as expeditiously as practicable, ensuring that all sources 

23 are in compliance with all requirements. 

24 (G) AMBIENT MONITORING AND EMISSIONS MODELING.—As 

25 part of the strategy, the Administrator shall provide for ambient 

26 monitoring and emissions modeling in urban areas as appropriate 

27 to demonstrate that the goals and objectives of the strategy are 

28 being met. 

29 (4) AREAWIDE ACTIVITIES.—The Administrator shall encourage and 

30 support areawide strategies developed by State or local air pollution 

31 control agencies that are intended to reduce risks from emissions by 

32 area sources within a particular urban area. From the funds available 

33 for grants under this section, the Administrator shall set aside not less 

34 than 10 percent to support areawide strategies addressing hazardous 

35 air pollutants emitted by area sources and shall award such funds on 

36 a demonstration basis to States with innovative and effective strategies. 

37 At the request of State or local air pollution control officials, the Ad38 ministrator shall prepare guidelines for control technologies or manage39 ment practices that may be applicable to various categories or subcat40 egories of area sources. 

41 (k) STATE PROGRAMS.— 


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1 (1) IN GENERAL.—Each State may develop and submit to the Ad2 ministrator for approval a program for the implementation and enforce3 ment (including a review of enforcement delegations previously grant4 ed) of emission standards and other requirements for air pollutants 

5 subject to this section or requirements for the prevention and mitiga6 tion of accidental releases pursuant to subsection (q). A program sub7 mitted by a State under this subsection may provide for partial or com8 plete delegation of the Administrator’s authorities and responsibilities 

9 to implement and enforce emission standards and prevention require10 ments but shall not include authority to set standards less stringent 

11 than those promulgated by the Administrator under this division. 

12 (2) GUIDANCE.—The Administrator shall publish guidance that 

13 would be useful to States in developing programs for submittal under 

14 this subsection. The guidance shall provide for the registration of all 

15 facilities producing, processing, handling, or storing any substance list16 ed pursuant to subsection (q) in amounts greater than the threshold 

17 quantity. The Administrator shall include as an element in such guid18 ance an optional program begun in 1986 for the review of high-risk 

19 point sources of air pollutants including hazardous air pollutants listed 

20 pursuant to subsection (b). 

21 (3) TECHNICAL ASSISTANCE.—The Administrator shall establish and 

22 maintain an air toxics clearinghouse and center to provide technical in23 formation and assistance to State and local agencies and, on a cost re24 covery basis, to others on control technology, health and ecological risk 

25 assessment, risk analysis, ambient monitoring and modeling, and emis26 sions measurement and monitoring. The Administrator shall use the 

27 authority of section 211103 of this title to examine methods for pre28 venting, measuring, and controlling emissions and evaluating associated 

29 health and ecological risks. Where appropriate, such activity shall be 

30 conducted with not-for-profit organizations. The Administrator may 

31 conduct research on methods for preventing, measuring, and controlling 

32 emissions and evaluating associated health and environment risks. All 

33 information collected under this paragraph shall be available to the 

34 public. 

35 (4) GRANTS.—On application of a State, the Administrator may 

36 make grants, subject to such terms and conditions as the Adminis37 trator considers appropriate, to the State for the purpose of assisting 

38 the State in developing and implementing a program for submittal and 

39 approval under this subsection. Programs assisted under this para40 graph may include program elements addressing air pollutants or ex41 tremely hazardous substances other than those specifically subject to 


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1 this section. Grants under this paragraph may include support for 

2 high-risk point source review as provided in paragraph (2) and support 

3 for the development and implementation of areawide area source pro4 grams pursuant to subsection (j). 

5 (5) APPROVAL OR DISAPPROVAL.— 

6 (A) IN GENERAL.—Not later than 180 days after receiving a 

7 program submitted by a State, and after notice and opportunity 

8 for public comment, the Administrator shall approve or disapprove 

9 the program. 

10 (B) DISAPPROVAL.—The Administrator shall disapprove any 

11 program submitted by a State, if the Administrator determines 

12 that— 

13 (i) the authorities contained in the program are not ade14 quate to ensure compliance by all sources within the State 

15 with each applicable standard, regulation, or requirement es16 tablished by the Administrator under this section; 

17 (ii) adequate authority does not exist, or adequate re18 sources are not available, to implement the program; 

19 (iii) the schedule for implementing the program and ensur20 ing compliance by affected sources is not sufficiently expedi21 tious; or 

22 (iv) the program is otherwise not in compliance with the 

23 guidance issued by the Administrator under paragraph (2) or 

24 is not likely to satisfy, in whole or in part, the objectives of 

25 this division. 

26 (C) NOTIFICATION OF DISAPPROVAL.—If the Administrator dis27 approves a State program, the Administrator shall notify the State 

28 of any revisions or modifications necessary to obtain approval. The 

29 State may revise and resubmit the proposed program for review 

30 and approval pursuant to this subsection. 

31 (6) WITHDRAWAL.—Whenever the Administrator determines, after 

32 public hearing, that a State is not administering and enforcing a pro33 gram approved pursuant to this subsection in accordance with the guid34 ance published pursuant to paragraph (2) or the requirements of para35 graph (5), the Administrator shall so notify the State and, if action 

36 that will ensure prompt compliance is not taken within 90 days, the 

37 Administrator shall withdraw approval of the program. The Adminis38 trator shall not withdraw approval of any program unless, prior to 

39 withdrawal, the State is notified and the reasons for withdrawal are 

40 stated in writing and made public. 


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1 (7) AUTHORITY TO ENFORCE.—Nothing in this subsection precludes 

2 the Administrator from enforcing any applicable emission standard or 

3 requirement under this section. 

4 (8) LOCAL PROGRAM.—The Administrator may, after notice and op5 portunity for public comment, approve a program developed and sub6 mitted by a local air pollution control agency (after consultation with 

7 the State) pursuant to this subsection, and any such agency imple8 menting an approved program may take any action authorized to be 

9 taken by a State under this section. 

10 (9) PERMIT AUTHORITY.—Nothing in this subsection affects the au11 thorities and obligations of the Administrator or the State under sub12 division 6. 

13 (l) ATMOSPHERIC DEPOSITION TO GREAT LAKES AND COASTAL

14 WATER.— 

15 (1) DEFINITION OF COASTAL WATER.—In this subsection, the term 

16 ‘‘coastal water’’ means— 

17 (A) an estuary selected pursuant to subparagraph (A) or listed 

18 pursuant to subparagraph (B) of section 320(a)(2) of the Federal 

19 Water Pollution Control Act (33 U.S.C. 1330(a)(2)); or 

20 (B) an estuarine research reserve designated pursuant to section 

21 315 of the Coastal Zone Management Act of 1972 (16 U.S.C. 

22 1461). 

23 (2) DEPOSITION ASSESSMENT.—The Administrator, in cooperation 

24 with the Under Secretary of Commerce for Oceans and Atmosphere, 

25 shall conduct a program to identify and assess the extent of atmos26 pheric deposition of hazardous air pollutants (and in the discretion of 

27 the Administrator, other air pollutants) to the Great Lakes, the Chesa28 peake Bay, Lake Champlain, and coastal water. As part of the pro29 gram, the Administrator shall— 

30 (A) monitor the Great Lakes, the Chesapeake Bay, Lake Cham31 plain, and coastal water, including monitoring of the Great Lakes 

32 through the monitoring network established pursuant to para33 graph (3) and designing and deploying an atmospheric monitoring 

34 network for coastal waters pursuant to paragraph (5); 

35 (B) investigate the sources and deposition rates of atmospheric 

36 deposition of air pollutants (and their atmospheric transformation 

37 precursors); 

38 (C) conduct research to develop and improve monitoring meth39 ods and to determine the relative contribution of atmospheric pol40 lutants to total pollution loadings to the Great Lakes, the Chesa41 peake Bay, Lake Champlain, and coastal water; 


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1 (D) evaluate any adverse effects on public health or the environ2 ment caused by such deposition (including effects resulting from 

3 indirect exposure pathways) and assess the contribution of the 

4 deposition to violations of water quality standards established pur5 suant to the Federal Water Pollution Control Act (33 U.S.C. 1251 

6 et seq.) and drinking water standards established pursuant to the 

7 Safe Drinking Water Act (42 U.S.C. 300f et seq.); and 

8 (E) sample for such pollutants in biota of the Great Lakes, the 

9 Chesapeake Bay, Lake Champlain, and coastal water and charac10 terize the sources of the pollutants. 

11 (3) GREAT LAKES MONITORING NETWORK.— 

12 (A) IN GENERAL.—The Administrator shall oversee, in accord13 ance with annex 15 of the Great Lakes Water Quality Agreement 

14 of 1978 (T.I.A.S. 11551; KAV 255), the establishment and oper15 ation of a Great Lakes atmospheric deposition network to monitor 

16 atmospheric deposition of hazardous air pollutants (and in the Ad17 ministrator’s discretion, other air pollutants) to the Great Lakes. 

18 (B) MONITORING FACILITIES.—As part of the network provided 

19 for in this paragraph, the Administrator shall establish in each of 

20 the 5 Great Lakes at least 1 facility capable of monitoring the at21 mospheric deposition of hazardous air pollutants in both dry and 

22 wet conditions. 

23 (C) USE OF DATA.—The Administrator shall use the data pro24 vided by the network to— 

25 (i) identify and track the movement of hazardous air pol26 lutants through the Great Lakes; 

27 (ii) determine the portion of water pollution loadings attrib28 utable to atmospheric deposition of such pollutants; and 

29 (iii) support development of remedial action plans and 

30 other management plans as required by the Great Lakes 

31 Water Quality Agreement of 1978 (T.I.A.S. 11551; KAV 

32 255). 

33 (D) FORMAT.—The Administrator shall ensure that the data 

34 collected by the Great Lakes atmospheric deposition monitoring 

35 network are in a format compatible with databases sponsored by 

36 the International Joint Commission, Canada, and the States of the 

37 Great Lakes region. 

38 (4) MONITORING FOR THE CHESAPEAKE BAY AND LAKE CHAM39 PLAIN.— 

40 (A) ATMOSPHERIC DEPOSITION STATIONS.—The Administrator 

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1 pheric deposition stations to monitor deposition of hazardous air 

2 pollutants (and in the Administrator’s discretion, other air pollut3 ants) within the Chesapeake Bay and Lake Champlain watersheds. 

4 (B) ACTIVITIES.—The Administrator shall— 

5 (i) determine the role of air deposition in the pollutant 

6 loadings of the Chesapeake Bay and Lake Champlain; 

7 (ii) investigate the sources of air pollutants deposited in the 

8 watersheds; 

9 (iii) evaluate the health and environmental effects of such 

10 pollutant loadings; and 

11 (iv) sample such pollutants in biota within the watersheds, 

12 as necessary to characterize such effects. 

13 (5) MONITORING FOR COASTAL WATER.—The Administrator shall 

14 design and deploy atmospheric deposition monitoring networks for 

15 coastal water and watersheds of coastal water and shall make any in16 formation collected through such networks available to the public. As 

17 part of that effort, the Administrator shall conduct research to develop 

18 and improve deposition monitoring methods, and to determine the rel19 ative contribution of atmospheric pollutants to pollutant loadings. 

20 (m) MISCELLANEOUS PROVISIONS.— 

21 (1) ELECTRIC UTILITY STEAM GENERATING UNITS.—The Adminis22 trator shall perform a study of the hazards to public health reasonably 

23 anticipated to occur as a result of emissions by electric utility steam 

24 generating units of pollutants listed under subsection (b) after imposi25 tion of the requirements of this division. The Administrator shall report 

26 the results of the study to Congress. The Administrator shall develop 

27 and describe in the report alternative control strategies for emissions 

28 that may warrant regulation under this section. The Administrator 

29 shall regulate electric utility steam generating units under this section 

30 if the Administrator finds that regulation is appropriate and necessary 

31 after considering the results of the study. 

32 (2) PUBLICLY OWNED TREATMENT WORKS.—The Administrator may 

33 conduct, in cooperation with the owners and operators of publicly 

34 owned treatment works, studies to characterize emissions of hazardous 

35 air pollutants emitted by such facilities, to identify industrial, commer36 cial, and residential discharges that contribute to such emissions, and 

37 to demonstrate control measures for such emissions. When promul38 gating any standard under this section applicable to publicly owned 

39 treatment works, the Administrator may provide for control measures 

40 that include pretreatment of discharges causing emissions of hazardous 

41 air pollutants and process or product substitutions or limitations that 


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1 may be effective in reducing such emissions. The Administrator may 

2 prescribe uniform sampling, modeling, and risk assessment methods for 

3 use in implementing this subsection. 

4 (3) OIL AND GAS WELLS; PIPELINE FACILITIES.— 

5 (A) NO AGGREGATION OF UNITS.—Notwithstanding subsection 

6 (a)— 

7 (i) emissions from any oil or gas exploration or production 

8 well (with its associated equipment) and emissions from any 

9 pipeline compressor or pump station shall not be aggregated 

10 with emissions from other similar units, whether or not the 

11 units are in a contiguous area or under common control, to 

12 determine whether the units or stations are major sources; 

13 and 

14 (ii) in the case of any oil or gas exploration or production 

15 well (with its associated equipment), the emissions from those 

16 units shall not be aggregated for any purpose under this sec17 tion. 

18 (B) NO LISTING AS AREA SOURCE CATEGORY.— 

19 (i) IN GENERAL.—Except as provided in clause (ii), the Ad20 ministrator shall not list oil and gas production wells (with 

21 their associated equipment) as an area source category under 

22 subsection (c). 

23 (ii) EXCEPTION.—The Administrator may establish an area 

24 source category for oil and gas production wells located in 

25 any metropolitan statistical area or consolidated metropolitan 

26 statistical area with a population in excess of 1,000,000 if the 

27 Administrator determines that emissions of hazardous air pol28 lutants from the wells present more than a negligible risk of 

29 adverse effects on public health. 

30 (4) RCRA FACILITIES.—In the case of any category or subcategory 

31 of sources the air emissions of which are regulated under subtitle C 

32 of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.), the Adminis33 trator shall— 

34 (A) take into account any regulations of such emissions that are 

35 promulgated under that subtitle; and 

36 (B) to the maximum extent practicable and consistent with this 

37 section, ensure that the requirements of that subtitle and this sec38 tion are consistent. 

39 (n) GUIDELINES FOR CARCINOGENIC RISK ASSESSMENT.— 

40 (1) REQUEST OF THE ACADEMY.—The Administrator shall enter into 

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1 ferred to in this subsection as the ‘‘Academy’’) to conduct a review 

2 of— 

3 (A) risk assessment methodology used by EPA to determine the 

4 carcinogenic risk associated with exposure to hazardous air pollut5 ants from source categories and subcategories subject to the re6 quirements of this section; and 

7 (B) improvements in the methodology. 

8 (2) ELEMENTS TO BE STUDIED.—In conducting the review, the 

9 Academy should consider— 

10 (A) the techniques used for estimating and describing the car11 cinogenic potency to humans of hazardous air pollutants; and 

12 (B) the techniques used for estimating exposure to hazardous 

13 air pollutants (for hypothetical and actual maximally exposed indi14 viduals and other exposed individuals). 

15 (3) OTHER HEALTH EFFECTS OF CONCERN.—To the extent prac16 ticable, the Academy shall evaluate and report on the methodology for 

17 assessing the risk of adverse human health effects other than cancer 

18 for which safe thresholds of exposure may not exist, including inherit19 able genetic mutations, birth defects, and reproductive dysfunctions. 

20 (4) REPORT.—A report on the results of the review shall be sub21 mitted to the Committee on Environment and Public Works of the Sen22 ate, the Committee on Energy and Commerce of the House of Rep23 resentatives, and the Administrator. 

24 (5) ASSISTANCE.—The Administrator shall assist the Academy in 

25 gathering any information that the Academy considers necessary to 

26 carry out this subsection. The Administrator may use any authority 

27 under this division to obtain information from any person, and to re28 quire any person to conduct tests, keep and produce records, and make 

29 reports respecting research or other activities conducted by the person 

30 as necessary to carry out this subsection. 

31 (6) AUTHORIZATION.—Of the funds authorized to be appropriated to 

32 the Administrator by this division, such amounts as are required shall 

33 be available to carry out this subsection. 

34 (7) GUIDELINES FOR CARCINOGENIC RISK ASSESSMENT.—The Ad35 ministrator shall consider, but need not adopt, the recommendations 

36 contained in the report of the Academy and the views of the Science 

37 Advisory Board, with respect to the report. Prior to the promulgation 

38 of any standard under subsection (f), and after notice and opportunity 

39 for comment, the Administrator shall publish revised Guidelines for 

40 Carcinogenic Risk Assessment or a detailed explanation of the reasons 

41 that any recommendations contained in the report of the Academy will 


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1 not be implemented. The publication of the revised Guidelines shall be 

2 a final agency action for purposes of section 211113 of this title. 

3 (o) MICKEY LELAND NATIONAL URBAN AIR TOXICS RESEARCH CEN4 TER.— 

5 (1) ESTABLISHMENT.—The Administrator shall oversee the estab6 lishment of a national urban air toxics research center to be known as 

7 the Mickey Leland National Urban Air Toxics Research Center (re8 ferred to in this subsection as the ‘‘Center’’) and to be located at a 

9 university, hospital, or other facility capable of undertaking and main10 taining similar research capabilities in the areas of epidemiology, oncol11 ogy, toxicology, pulmonary medicine, pathology, and biostatistics. The 

12 geographic site of the Center should be directed to Harris County, 

13 Texas, to take full advantage of the well-developed scientific community 

14 presence onsite at the Texas Medical Center and the extensive data 

15 compiled for the comprehensive monitoring system. 

16 (2) BOARD OF DIRECTORS.—The Center shall be governed by a 

17 Board of Directors (referred to in this subsection as the ‘‘Board’’) to 

18 be comprised of 9 members, the appointment of whom shall be allo19 cated pro rata among the Speaker of the House, the Majority Leader 

20 of the Senate, and the President. The members of the Board shall be 

21 selected based on their respective academic and professional back22 grounds and expertise in matters relating to public health, environ23 mental pollution, and industrial hygiene. The duties of the Board shall 

24 be to determine policy and research guidelines, submit views from Cen25 ter sponsors and the public, and issue periodic reports of findings and 

26 activities of the Center. 

27 (3) SCIENTIFIC ADVISORY PANEL.—The Board shall be advised by 

28 a Scientific Advisory Panel (referred to in this subsection as the 

29 ‘‘Panel’’), the 13 members of which shall be appointed by the Board 

30 and include eminent members of the scientific and medical commu31 nities. The Panel membership may include scientists with relevant ex32 perience from the National Institute of Environmental Health Sciences, 

33 the Centers for Disease Control, EPA, the National Cancer Institute, 

34 and others. The Panel shall conduct peer review and evaluate research 

35 results. The Panel shall assist the Board in developing the research 

36 agenda and reviewing proposals and applications, and shall advise on 

37 the awarding of research grants. 

38 (4) FUNDING.—The Center shall be established and funded with 

39 Federal funds and private funds. 

40 (p) SAVINGS PROVISIONS.— 


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1 (1) STANDARDS PREVIOUSLY PROMULGATED.—Any standard under 

2 section 112 of the Clean Air Act (42 U.S.C. 7412) in effect before No3 vember 15, 1990, shall remain in effect after that date unless modified 

4 as provided in that section before that date or under Public Law 101– 

5 549 (104 Stat. 2399) (commonly known as the Clean Air Act Amend6 ments of 1990). Except as provided in paragraph (3), any standard 

7 under that section that had been promulgated, but had not taken ef8 fect, before November 15, 1990, shall not be affected by Public Law 

9 101–549 unless modified as provided in that section before November 

10 15, 1990, or under Public Law 101–549. If a timely petition for review 

11 of any such standard under section 307 of the Clean Air Act (42 

12 U.S.C. 7607) was pending on November 15, 1990, the standard shall 

13 be upheld if it complies with section 112 of the Clean Air Act (42 

14 U.S.C. 7412) as in effect before that date. If any such standard is re15 manded to the Administrator, the Administrator may apply the require16 ments of this section or the requirements of section 112 of the Clean 

17 Air Act (42 U.S.C. 7412) as in effect before November 15, 1990. 

18 (2) SPECIAL RULES FOR RADIONUCLIDE EMISSIONS.— 

19 (A) NO STANDARD FOR CERTAIN CATEGORIES.— 

20 (i) IN GENERAL.—Notwithstanding paragraph (1), no 

21 standard shall be established under this section for radio22 nuclide emissions from— 

23 (I) elemental phosphorous plants; 

24 (II) grate calcination elemental phosphorous plants; 

25 (III) phosphogypsum stacks; or 

26 (IV) any subcategory of the foregoing. 

27 (ii) CONTINUED EFFECTIVENESS OF PRIOR LAW.—Section 

28 112 of the Clean Air Act (42 U.S.C. 7412) (as in effect prior 

29 to November 15, 1990) shall remain in effect for radionuclide 

30 emissions from plants and stacks described in clause (i). 

31 (B) OTHER CATEGORIES.—Notwithstanding paragraph (1), sec32 tion 112 of the Clean Air Act (42 U.S.C. 7412) (as in effect prior 

33 to November 15, 1990) shall remain in effect for radionuclide 

34 emissions from— 

35 (i) non-Department of Energy Federal facilities that are 

36 not licensed by the Nuclear Regulatory Commission; 

37 (ii) coal-fired utility and industrial boilers; 

38 (iii) underground uranium mines; 

39 (iv) surface uranium mines; and 

40 (v) disposal of uranium mill tailings piles; 


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1 unless the Administrator, in the Administrator’s discretion, applies 

2 the requirements of this section to the sources of radionuclides de3 scribed in any of clauses (i) through (v). 

4 (3) MEDICAL RESEARCH OR TREATMENT FACILITIES.—If the Admin5 istrator determines that the regulatory program established by the Nu6 clear Regulatory Commission for medical research or treatment facili7 ties does not provide an ample margin of safety to protect public 

8 health, the requirements of this section shall fully apply to medical re9 search or treatment facilities. If the Administrator determines that the 

10 regulatory program does provide an ample margin of safety to protect 

11 the public health, the Administrator is not required to promulgate a 

12 standard under this section for medical research or treatment facilities, 

13 as provided in subsection (d)(9). 

14 (q) PREVENTION OF ACCIDENTAL RELEASES.— 

15 (1) DEFINITIONS.—In this subsection: 

16 (A) ACCIDENTAL RELEASE.—The term ‘‘accidental release’’ 

17 means an unanticipated emission of a regulated substance or other 

18 extremely hazardous substance into the ambient air from a sta19 tionary source. 

20 (B) REGULATED SUBSTANCE.—The term ‘‘regulated substance’’ 

21 means a substance listed under paragraph (3). 

22 (C) RETAIL FACILITY.—The term ‘‘retail facility’’ means a stationary source at which more than 1 23 ⁄2 of the income is obtained 

from direct sales to end users or at which more than 1 24 ⁄2 of the 

25 fuel sold, by volume, is sold through a cylinder exchange program. 

26 (D) STATIONARY SOURCE.—The term ‘‘stationary source’’ 

27 means 1 or more buildings, structures, pieces of equipment, instal28 lations, or substance-emitting stationary activities— 

29 (i) that belong to the same industrial group; 

30 (ii) that are located on a property or 2 or more contiguous 

31 properties; 

32 (iii) that are under the control of the same person (or per33 sons under common control); and 

34 (iv) from which an accidental release may occur. 

35 (2) PURPOSE AND GENERAL DUTY.— 

36 (A) OBJECTIVE.—It shall be the objective of the regulations and 

37 programs authorized under this subsection to prevent, and mini38 mize the consequences of, accidental releases. 

39 (B) GENERAL DUTY.—The owners and operators of stationary 

40 sources producing, processing, handling, or storing regulated sub41 stances have a general duty in the same manner and to the same 


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1 extent as under section 5 of the Occupational Safety and Health 

2 Act of 1970 (29 U.S.C. 654) to— 

3 (i) identify hazards that may result from accidental re4 leases using appropriate hazard assessment techniques; 

5 (ii) design and maintain a safe facility taking such steps 

6 as are necessary to prevent accidental releases; and 

7 (iii) minimize the consequences of accidental releases that 

8 do occur. 

9 (C) NO CITIZEN SUITS.—For purposes of this paragraph, sec10 tion 203104 of this title shall not be available to any person or 

11 otherwise be construed to be applicable to this paragraph. 

12 (D) EFFECT OF PARAGRAPH.—Nothing in this section shall be 

13 interpreted, construed, or applied to create, or held to imply the 

14 creation of, any liability or basis for suit for compensation for bod15 ily injury or any other injury or property damages to any person 

16 that may result from an accidental release. 

17 (3) LIST OF SUBSTANCES.— 

18 (A) IN GENERAL.—The Administrator shall promulgate an ini19 tial list of 100 substances that, in the case of an accidental re20 lease, are known to cause or may reasonably be anticipated to 

21 cause death or injury to humans or serious adverse effects on 

22 human health or the environment. 

23 (B) USE OF LIST UNDER THE EMERGENCY PLANNING AND COM24 MUNITY RIGHT-TO-KNOW ACT OF 1986.—For purposes of promul25 gating the list under subparagraph (A), the Administrator shall 

26 use, but is not limited to, the list of extremely hazardous sub27 stances published under the Emergency Planning and Community 

28 Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.), with such 

29 modifications as the Administrator considers appropriate. 

30 (C) SUBSTANCES TO BE INCLUDED.—The initial list shall in31 clude ammonia, anhydrous ammonia, anhydrous hydrogen chlo32 ride, anhydrous sulfur dioxide, bromine, chlorine, ethylene oxide, 

33 hydrogen cyanide, hydrogen fluoride, hydrogen sulfide, methyl 

34 chloride, methyl isocyanate, phosgene, sulfur trioxide, toluene 

35 diisocyanate, and vinyl chloride. 

36 (D) NUMBER OF SUBSTANCES.—The initial list shall include at 

37 least 100 substances that pose the greatest risk of causing death 

38 or injury to humans or serious adverse effects on human health 

39 or the environment from accidental releases. 

40 (E) EXPLANATION.—Regulations establishing the list shall in41 clude an explanation of the basis for establishing the list. 


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1 (F) REVISION; REVIEW.—The list— 

2 (i) may be revised from time to time by the Administrator 

3 on the Administrator’s own motion or by petition; and 

4 (ii) shall be reviewed at least every 5 years. 

5 (G) LIMITATIONS.—No air pollutant for which a primary 

6 NAAQS has been established shall be included on the list. No sub7 stance, practice, process, or activity regulated under subdivision 7 

8 shall be subject to regulations under this subsection. 

9 (H) ADDITION AND DELETION.—The Administrator shall estab10 lish procedures for the addition and deletion of substances from 

11 the list established under this paragraph consistent with those ap12 plicable to the list under subsection (b). 

13 (4) FACTORS TO BE CONSIDERED.—In listing substances under 

14 paragraph (3), the Administrator— 

15 (A) shall consider— 

16 (i) the severity of any acute adverse health effects associ17 ated with accidental releases of the substance; 

18 (ii) the likelihood of accidental releases of the substance; 

19 and 

20 (iii) the potential magnitude of human exposure to acci21 dental releases of the substance; and 

22 (B) shall not list a flammable substance when used as a fuel 

23 or held for sale as a fuel at a retail facility under this subsection 

24 solely because of the explosive or flammable properties of the sub25 stance, unless a fire or explosion caused by the substance will re26 sult in acute adverse health effects from human exposure to the 

27 substance, including the unburned fuel or its combustion byprod28 ucts, other than those caused by the heat of the fire or impact of 

29 the explosion. 

30 (5) THRESHOLD QUANTITY.—At the time at which any substance is 

31 listed pursuant to paragraph (3), the Administrator shall establish by 

32 regulation a threshold quantity for the substance, taking into account 

33 the toxicity, reactivity, volatility, dispersibility, combustibility, or flam34 mability of the substance and the amount of the substance that, as a 

35 result of an accidental release, is known to cause or may reasonably 

36 be anticipated to cause death or injury to humans or serious adverse 

37 effects on human health for which the substance was listed. The Ad38 ministrator may establish a greater threshold quantity for, or to ex39 empt entirely, any substance that is a nutrient used in agriculture 

40 when held by a farmer. 

41 (6) CHEMICAL SAFETY BOARD.— 


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1 (A) ESTABLISHMENT.—There is established an independent 

2 safety board to be known as the Chemical Safety and Hazard In3 vestigation Board (referred to in this paragraph as the ‘‘Board’’). 

4 (B) MEMBERSHIP.—The Board shall consist of 5 members, in5 cluding a Chairperson, who shall be appointed by the President, 

6 by and with the advice and consent of the Senate. Members of the 

7 Board shall be appointed on the basis of technical qualification, 

8 professional standing, and demonstrated knowledge in the fields of 

9 accident reconstruction, safety engineering, human factors, toxi10 cology, or air pollution regulation. The terms of office of members 

11 of the Board shall be 5 years. Any member of the Board, including 

12 the Chairperson, may be removed for inefficiency, neglect of duty, 

13 or malfeasance in office. The Chairperson shall be the Chief Exec14 utive Officer of the Board and shall exercise the executive and ad15 ministrative functions of the Board. 

16 (C) DUTIES.— 

17 (i) IN GENERAL.—The Board shall— 

18 (I) investigate (or cause to be investigated), determine, 

19 and report to the public in writing the facts, conditions, 

20 circumstances and cause or probable cause of any acci21 dental release resulting in a fatality, serious injury, or 

22 substantial property damages; 

23 (II) issue periodic reports to Federal, State, and local 

24 agencies concerned with the safety of chemical produc25 tion, processing, handling, and storage, and other inter26 ested persons (including EPA and the Occupational 

27 Safety and Health Administration) that— 

28 (aa) recommend measures to reduce the likelihood 

29 or the consequences of accidental releases and pro30 pose corrective steps to make chemical production, 

31 processing, handling, and storage as safe and free 

32 from risk of injury as is possible; and 

33 (bb) may include proposed regulations or orders 

34 that should be issued by the Administrator under 

35 this section or by the Secretary of Labor under the 

36 Occupational Safety and Health Act of 1970 (29 

37 U.S.C. 651 et seq.) to prevent or minimize the con38 sequences of any release of substances that may 

39 cause death or injury to humans or other serious 

40 adverse effects on human health or substantial 


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1 property damage as the result of an accidental re2 lease; and 

3 (III) establish by regulation requirements binding on 

4 persons for reporting accidental releases into the ambient 

5 air subject to the Board’s investigatory jurisdiction. 

6 (ii) REPORTING.—Reporting releases to the National Re7 sponse Center, in lieu of the Board directly, shall satisfy the 

8 regulations under clause (i)(III). The National Response Cen9 ter shall promptly notify the Board of any releases that are 

10 within the Board’s jurisdiction. 

11 (D) EXPERTISE AND EXPERIENCE OF OTHER AGENCIES.—The 

12 Board may utilize the expertise and experience of other agencies. 

13 (E) COORDINATION WITH OTHER AGENCIES.—The Board shall 

14 coordinate its activities with investigations and studies conducted 

15 by other agencies of the United States having a responsibility to 

16 protect public health and safety. The Board shall enter into a 

17 memorandum of understanding with the National Transportation 

18 Safety Board to ensure coordination of functions and to limit du19 plication of activities, which shall designate the National Trans20 portation Safety Board as the lead agency for the investigation of 

21 releases that are transportation-related. The Board shall not be 

22 authorized to investigate marine oil spills, which the National 

23 Transportation Safety Board is authorized to investigate. The 

24 Board shall enter into a memorandum of understanding with the 

25 Occupational Safety and Health Administration to limit duplica26 tion of activities. In no event shall the Board forgo an investiga27 tion where an accidental release causes a fatality or serious injury 

28 among the general public, or had the potential to cause substantial 

29 property damage or a number of deaths or injuries among the 

30 general public. 

31 (F) RESEARCH; STUDIES.—The Board may conduct research 

32 and studies with respect to the potential for accidental releases, 

33 whether or not an accidental release has occurred, where there is 

34 evidence that indicates the presence of a potential hazard or haz35 ards. To the extent practicable, the Board shall conduct such stud36 ies in cooperation with other Federal agencies having emergency 

37 response authorities, State and local governmental agencies, and 

38 associations and organizations from the industrial, commercial, 

39 and nonprofit sectors. 

40 (G) NO ADMISSION INTO EVIDENCE.—No part of the conclu41 sions, findings, or recommendations of the Board relating to any 


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1 accidental release or the investigation thereof shall be admitted as 

2 evidence or used in any action or suit for damages arising out of 

3 any matter mentioned in the report. 

4 (H) RECOMMENDATIONS TO THE ADMINISTRATOR ON THE USE

5 OF HAZARD ASSESSMENTS.— 

6 (i) RECOMMENDATIONS.—The Board shall publish a report 

7 accompanied by recommendations to the Administrator on the 

8 use of hazard assessments in preventing the occurrence and 

9 minimizing the consequences of accidental releases of ex10 tremely hazardous substances. The recommendations shall in11 clude a list of extremely hazardous substances that are not 

12 regulated substances (including threshold quantities for such 

13 substances) and categories of stationary sources for which 

14 hazard assessments would be an appropriate measure to aid 

15 in the prevention of accidental releases and to minimize the 

16 consequences of releases that do occur and a description of 

17 the information and analysis that would be appropriate to in18 clude in any hazard assessment. The Board shall make rec19 ommendations with respect to the role of risk management 

20 plans as required by paragraph (7)(B)(ii) in preventing acci21 dental releases. The Board may from time to time review and 

22 revise its recommendations under this subparagraph. 

23 (ii) RESPONSE BY THE ADMINISTRATOR.— 

24 (I) IN GENERAL.—Whenever the Board submits a rec25 ommendation with respect to accidental releases to the 

26 Administrator, the Administrator shall respond to the 

27 recommendation formally and in writing not later than 

28 180 days after receipt of the recommendation. The re29 sponse to the Board’s recommendation by the Adminis30 trator shall indicate whether the Administrator will— 

31 (aa) initiate a rulemaking or issue such orders as 

32 are necessary to implement the recommendation in 

33 full or in part, pursuant to any timetable contained 

34 in the recommendation; or 

35 (bb) decline to initiate a rulemaking or issue or36 ders as recommended. 

37 (II) REASONS.—Any determination by the Adminis38 trator not to implement a recommendation of the Board 

39 or to implement a recommendation only in part, includ40 ing any variation from the schedule contained in the rec41 ommendation, shall be accompanied by a statement from 


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1 the Administrator setting forth the reasons for the deter2 mination. 

3 (I) RECOMMENDATIONS TO THE SECRETARY OF LABOR WITH

4 RESPECT TO ACCIDENTAL RELEASES.— 

5 (i) RECOMMENDATIONS.—The Board may make rec6 ommendations with respect to accidental releases to the Sec7 retary of Labor. 

8 (ii) RESPONSE BY THE SECRETARY OF LABOR.— 

9 (I) IN GENERAL.—Whenever the Board submits a rec10 ommendation with respect to accidental releases to the 

11 Secretary of Labor, the Secretary shall respond to the 

12 recommendation formally and in writing not later than 

13 180 days after receipt of the recommendation. The re14 sponse to the Board’s recommendation by the Secretary 

15 shall indicate whether the Secretary will— 

16 (aa) initiate a rulemaking or issue such orders as 

17 are necessary to implement the recommendation in 

18 full or in part, pursuant to any timetable contained 

19 in the recommendation; or 

20 (bb) decline to initiate a rulemaking or issue or21 ders as recommended. 

22 (II) REASONS.—Any determination by the Secretary 

23 not to implement a recommendation or to implement a 

24 recommendation only in part, including any variation 

25 from the schedule contained in the recommendation, 

26 shall be accompanied by a statement from the Secretary 

27 setting forth the reasons for the determination. 

28 (J) RECOMMENDATIONS TO THE ADMINISTRATOR AND THE AD29 MINISTRATOR OF THE OCCUPATIONAL SAFETY AND HEALTH AD30 MINISTRATION RELATING TO RISK MANAGEMENT PLANS, GENERAL

31 REQUIREMENTS FOR THE PREVENTION OF ACCIDENTAL RE32 LEASES, AND MITIGATION OF POTENTIAL ADVERSE EFFECTS.— 

33 The Board shall issue a report to the Administrator and to the 

34 Administrator of the Occupational Safety and Health Administra35 tion recommending the adoption of regulations for the preparation 

36 of risk management plans and general requirements for the pre37 vention of accidental releases of regulated substances into the am38 bient air (including recommendations for listing substances under 

39 paragraph (3)) and for the mitigation of the potential adverse ef40 fect on human health or the environment as a result of accidental 

41 releases that should be applicable to any stationary source hanVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 dling any regulated substance in more than threshold amounts. 

2 The Board may include proposed regulations or orders that should 

3 be issued by the Administrator under this subsection or by the 

4 Secretary of Labor under the Occupational Safety and Health Act 

5 of 1970 (29 U.S.C. 651 et seq.). Any such recommendations shall 

6 be specific and shall identify the regulated substance or class of 

7 regulated substances (or other substances) to which the rec8 ommendations apply. The Administrator shall consider the rec9 ommendations before promulgating regulations required by para10 graph (7)(B). 

11 (K) POWERS.— 

12 (i) IN GENERAL.—The Board, or on authority of the 

13 Board, any member thereof, any administrative law judge em14 ployed by or assigned to the Board, or any officer or em15 ployee duly designated by the Board, may for the purpose of 

16 carrying out duties authorized by subparagraph (C)— 

17 (I) hold such hearings, sit and act at such times and 

18 places, administer such oaths, and require by subpoena 

19 or otherwise attendance and testimony of such witnesses 

20 and the production of evidence; 

21 (II) require by order that any person engaged in the 

22 production, processing, handling, or storage of extremely 

23 hazardous substances submit written reports and re24 sponses to requests and questions within such time and 

25 in such form as the Board may require; 

26 (III) on presenting appropriate credentials and a writ27 ten notice of inspection authority— 

28 (aa) enter any property where an accidental re29 lease causing a fatality, serious injury, or substan30 tial property damage has occurred and do all things 

31 therein necessary for a proper investigation pursu32 ant to subparagraph (C); and 

33 (bb) inspect at reasonable times records, proc34 esses, controls, and facilities and take such samples 

35 as are relevant to the investigation; and 

36 (IV) use any information-gathering authority of the 

37 Administrator under this division, including the sub38 poena power provided in section 203102(a)(1) of this 

39 title. 

40 (ii) RIGHTS TO PARTICIPATE.—Whenever the Adminis41 trator or the Board conducts an inspection of a facility pursuVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 ant to this subsection, employees and their representatives 

2 shall have the same rights to participate in the inspection as 

3 are provided under the Occupational Safety and Health Act 

4 of 1970 (29 U.S.C. 651 et seq.). 

5 (L) RULES; TRANSACTIONS.—The Board may establish such 

6 procedural and administrative rules as are necessary to the exer7 cise of its functions and duties. The Board may, without regard 

8 to section 6101 of title 5, enter into contracts, leases, cooperative 

9 agreements, or other transactions as may be necessary in the con10 duct of the duties and functions of the Board with any other agen11 cy, institution, or person. 

12 (M) ENFORCEMENT.—After the effective date of any reporting 

13 requirement promulgated pursuant to subparagraph (C)(i)(III) it 

14 shall be unlawful for any person to fail to report any release of 

15 any extremely hazardous substance as required by that subpara16 graph. The Administrator may enforce any regulation or require17 ments established by the Board pursuant to subparagraph 

18 (C)(i)(III) using the authorities of sections 211113 and 211114 of 

19 this title. Any request for information from the owner or operator 

20 of a stationary source made by the Board or by the Administrator 

21 under this section shall be treated, for purposes of sections 

22 203102, 203103, 203104, 211113, 211114, 211116, and 211119 

23 of this title and any other enforcement provision of this division, 

24 as a request made by the Administrator under section 211114 of 

25 this title and may be enforced by the Chairperson of the Board 

26 or by the Administrator as provided in that section. 

27 (N) SUPPORT AND FACILITIES.—The Administrator shall pro28 vide to the Board such support and facilities as may be necessary 

29 for operation of the Board. 

30 (O) AVAILABILITY OF RECORDS, REPORTS, AND INFORMA31 TION.— 

32 (i) IN GENERAL.—Consistent with subparagraph (G) and 

33 section 211114(c) of this title and except as provided in 

34 clause (ii), any records, reports, or information obtained by 

35 the Board shall be available to the Administrator, the Sec36 retary of Labor, Congress, and the public. 

37 (ii) SUBSTANTIAL HARM TO COMPETITIVE POSITION.—On a 

38 showing satisfactory to the Board by any person that records, 

39 reports, or information or any particular part thereof (other 

40 than release data or emission data) to which the Board has 

41 access, if made public, is likely to cause substantial harm to 


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1 the person’s competitive position, the Board shall consider the 

2 record, report, or information or particular portion thereof 

3 confidential in accordance with section 1905 of title 18, ex4 cept that such a record, report, or information may be dis5 closed to other officers, employees, and authorized representa6 tives of the United States concerned with carrying out this 

7 division or when relevant under any proceeding under this di8 vision. This subparagraph does not constitute authority to 

9 withhold records, reports, or information from Congress. 

10 (P) SUBMISSIONS AND TRANSMITTALS BY THE BOARD; RE11 PORTS; PERFORMANCE OF FUNCTIONS.— 

12 (i) COPY TO CONGRESS.—Whenever the Board submits or 

13 transmits any budget estimate, budget request, supplemental 

14 budget request, or other budget information, legislative rec15 ommendation, prepared testimony for congressional hearings, 

16 recommendation, or study to the President, the Secretary of 

17 Labor, the Administrator, or the Director of the Office of 

18 Management and Budget, the Board shall concurrently trans19 mit a copy thereof to Congress. 

20 (ii) REPORTS NOT SUBJECT TO REVIEW.—No report of the 

21 Board shall be subject to review by the Administrator or any 

22 Federal agency or to judicial review in any court. 

23 (iii) NO AUTHORITY TO REQUIRE PRIOR APPROVAL OR RE24 VIEW OF SUBMISSIONS.—No officer or agency of the United 

25 States shall have authority to require the Board to submit its 

26 budget requests or estimates, legislative recommendations, 

27 prepared testimony, comments, recommendations, or reports 

28 to any officer or agency of the United States for approval or 

29 review prior to the submission of the recommendations, testi30 mony, comments, or reports to Congress. 

31 (iv) PERFORMANCE OF FUNCTIONS.—In the performance of 

32 their functions established by this division, in carrying out 

33 any duties under this subsection, the members, officers, and 

34 employees of the Board shall not be responsible to or subject 

35 to supervision or direction of any officer or employee or agent 

36 of EPA, the Department of Labor, or any other agency of the 

37 United States, except that the President may remove any 

38 member, officer, or employee of the Board for inefficiency, ne39 glect of duty, or malfeasance in office. 

40 (v) TITLE 5.—Nothing in this section shall affect the appli41 cation of title 5 to officers or employees of the Board. 


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1 (Q) ANNUAL REPORT.—The Board shall annually submit to the 

2 President and Congress a report that includes— 

3 (i) information on accidental releases that have been inves4 tigated by or reported to the Board during the previous year; 

5 (ii) recommendations for legislative or administrative action 

6 that the Board has made; 

7 (iii) the actions that have been taken by the Administrator 

8 or the Secretary of Labor or the heads of other agencies to 

9 implement those recommendations; 

10 (iv) an identification of priorities for study and investiga11 tion in the succeeding year; 

12 (v) a description of progress in the development of risk-re13 duction technologies; and 

14 (vi) a description of the response to and implementation of 

15 significant research findings on chemical safety in the public 

16 and private sector. 

17 (7) PREVENTION OF ACCIDENTAL RELEASES OF REGULATED SUB18 STANCES.— 

19 (A) REQUIREMENTS TO PREVENT ACCIDENTAL RELEASES.—To 

20 prevent accidental releases of regulated substances, the Adminis21 trator may promulgate release prevention, detection, and correc22 tion requirements that may include monitoring, recordkeeping, re23 porting, training, vapor recovery, secondary containment, and 

24 other design, equipment, work practice, and operational require25 ments. Regulations promulgated under this subparagraph shall 

26 have an effective date, as determined by the Administrator, ensur27 ing compliance as expeditiously as practicable. 

28 (B) REASONABLE REGULATIONS AND APPROPRIATE GUIDANCE

29 FOR THE PREVENTION AND DETECTION OF ACCIDENTAL RE30 LEASES OF REGULATED SUBSTANCES.— 

31 (i) IN GENERAL.— 

32 (I) PROMULGATION.—The Administrator shall promul33 gate reasonable regulations and appropriate guidance to 

34 provide, to the greatest extent practicable, for the pre35 vention and detection of accidental releases of regulated 

36 substances and for response to such releases by the own37 ers or operators of the sources of such releases. The Ad38 ministrator shall utilize the expertise of the Secretary of 

39 Transportation and Secretary of Labor in promulgating 

40 the regulations. 

41 (II) CONTENTS.—The regulations shall— 


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1 (aa) as appropriate, cover the use, operation, re2 pair, replacement, and maintenance of equipment to 

3 monitor, detect, inspect, and control such accidental 

4 releases, including training of persons in the use 

5 and maintenance of such equipment and in the con6 duct of periodic inspections; 

7 (bb) include procedures and measures for emer8 gency response after an accidental release of a regu9 lated substance to protect human health and the en10 vironment; 

11 (cc) cover storage and operations; 

12 (dd) as appropriate, recognize differences in size, 

13 operations, processes, class, and categories of 

14 sources and the voluntary actions of sources to pre15 vent such accidental releases and respond to such 

16 accidental releases; and 

17 (ee) be applicable to a stationary source 3 years 

18 after the date of promulgation, or 3 years after the 

19 date on which a regulated substance present at a 

20 source in more than threshold amounts is first listed 

21 under paragraph (3), whichever is later. 

22 (ii) RISK MANAGEMENT PLANS.— 

23 (I) IN GENERAL.—The regulations under this sub24 paragraph shall require the owner or operator of a sta25 tionary source at which a regulated substance is present 

26 in more than a threshold quantity to prepare and imple27 ment a risk management plan to detect and prevent or 

28 minimize accidental releases of regulated substances 

29 from the stationary source, and to provide a prompt 

30 emergency response to any such releases in order to pro31 tect human health and the environment. 

32 (II) CONTENTS.—A risk management plan shall pro33 vide for compliance with the requirements of this sub34 section and include— 

35 (aa) a hazard assessment to assess the potential 

36 effects of an accidental release of any regulated sub37 stance; 

38 (bb) a program for preventing accidental releases 

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1 ployee training measures to be used at the source; 

2 and 

3 (cc) a response program providing for specific ac4 tions to be taken in response to an accidental re5 lease of a regulated substance so as to protect 

6 human health and the environment, including proce7 dures for informing the public and local agencies re8 sponsible for responding to accidental releases, 

9 emergency health care, and employee training meas10 ures. 

11 (III) HAZARD ASSESSMENTS.—A hazard assessment 

12 under subclause (II)(aa) shall include an estimate of po13 tential release quantities, a determination of downwind 

14 effects (including potential exposures to affected popu15 lations), a previous release history of the past 5 years 

16 (including the size, concentration, and duration of re17 leases), and an evaluation of worst case accidental re18 leases. 

19 (IV) GUIDELINES.—At the time at which regulations 

20 are promulgated under this subparagraph, the Adminis21 trator shall promulgate guidelines to assist stationary 

22 sources in the preparation of risk management plans. 

23 The guidelines shall, to the extent practicable, include 

24 model risk management plans. 

25 (iii) AVAILABILITY OF RISK MANAGEMENT PLANS.—The 

26 owner or operator of a stationary source covered by clause (ii) 

27 shall— 

28 (I) register a risk management plan prepared under 

29 this subparagraph with the Administrator before the ef30 fective date of regulations under clause (i) in such form 

31 and manner as the Administrator shall, by regulation, 

32 require; and 

33 (II) submit the risk management plan to— 

34 (aa) the Chemical Safety and Hazard Investiga35 tion Board; 

36 (bb) the State in which the stationary source is 

37 located; and 

38 (cc) any local agency or entity having responsi39 bility for planning for or responding to accidental 

40 releases that may occur at the source. 


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1 (iv) PUBLIC AVAILABILITY.—A risk management plan shall 

2 be available to the public under section 211114(c) of this 

3 title. 

4 (v) AUDITING.—The Administrator shall establish, by regu5 lation, an auditing system to regularly review and, if nec6 essary, require revision in risk management plans to ensure 

7 that the risk management plans comply with this subpara8 graph. Each risk management plan shall be updated periodi9 cally as required by the Administrator, by regulation. 

10 (C) CONSULTATION; COORDINATION.—In carrying out this 

11 paragraph, the Administrator shall— 

12 (i) consult with the Secretary of Labor and the Secretary 

13 of Transportation; and 

14 (ii) coordinate any requirements under this paragraph with 

15 any requirements established for comparable purposes by the 

16 Occupational Safety and Health Administration or the De17 partment of Transportation. 

18 (D) PUBLIC ACCESS TO OFF-SITE CONSEQUENCE ANALYSIS IN19 FORMATION.— 

20 (i) DEFINITIONS.—In this subparagraph: 

21 (I) COVERED PERSON.—The term ‘‘covered person’’ 

22 means— 

23 (aa) an officer or employee of the United States; 

24 (bb) an officer or employee of an agent or con25 tractor of the Federal Government; 

26 (cc) an officer or employee of a State or local gov27 ernment; 

28 (dd) an officer or employee of an agent or con29 tractor of a State or local government; 

30 (ee) an individual affiliated with an entity that 

31 has been given, by a State or local government, re32 sponsibility for preventing, planning for, or respond33 ing to accidental releases; 

34 (ff) an officer or employee or an agent or con35 tractor of an entity described in item (ee); and 

36 (gg) a qualified researcher under clause (vi). 

37 (II) OFFICIAL USE.—The term ‘‘official use’’ means 

38 an action of a Federal, State, or local government agency 

39 or an entity described in subclause (I)(ee) intended to 

40 carry out a function relevant to preventing, planning for, 

41 or responding to accidental releases. 


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1 (III) OFF-SITE CONSEQUENCE ANALYSIS INFORMA2 TION.—The term ‘‘off-site consequence analysis informa3 tion’’ means the portions of a risk management plan, ex4 cluding the executive summary of the plan, consisting of 

5 an evaluation of 1 or more worst-case release scenarios 

6 or alternative release scenarios, and any electronic data7 base created by the Administrator from those portions. 

8 (IV) RISK MANAGEMENT PLAN.—The term ‘‘risk man9 agement plan’’ means a risk management plan submitted 

10 to the Administrator by an owner or operator of a sta11 tionary source under subparagraph (B)(iii). 

12 (ii) REGULATIONS.—The President shall— 

13 (I) assess— 

14 (aa) the increased risk of terrorist and other 

15 criminal activity associated with the posting of off16 site consequence analysis information on the Inter17 net; and 

18 (bb) the incentives created by public disclosure of 

19 off-site consequence analysis information for reduc20 tion in the risk of accidental releases; and 

21 (II) based on the assessment under subclause (I), pro22 mulgate regulations governing the distribution of off-site 

23 consequence analysis information in a manner that, in 

24 the opinion of the President, minimizes the likelihood of 

25 accidental releases and the risk described in subclause 

26 (I)(aa) and the likelihood of harm to public health and 

27 welfare, and— 

28 (aa) allows access by any member of the public 

29 to paper copies of off-site consequence analysis in30 formation for a limited number of stationary 

31 sources located anywhere in the United States, with32 out any geographical restriction; 

33 (bb) allows other public access to off-site con34 sequence analysis information as appropriate; 

35 (cc) allows access for official use by a covered 

36 person described in any of items (cc) through (ff) 

37 of clause (i)(I) (referred to in this subclause as a 

38 ‘‘State or local covered person’’) to off-site con39 sequence analysis information relating to stationary 

40 sources located in the person’s State; 


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1 (dd) allows a State or local covered person to pro2 vide, for official use, off-site consequence analysis 

3 information relating to stationary sources located in 

4 the person’s State to a State or local covered person 

5 in a contiguous State; and 

6 (ee) allows a State or local covered person to ob7 tain for official use, by request to the Adminis8 trator, off-site consequence analysis information 

9 that is not available to the person under item (cc). 

10 (iii) AVAILABILITY UNDER FREEDOM OF INFORMATION

11 ACT.— 

12 (I) IN GENERAL.—Off-site consequence analysis infor13 mation covered by the regulations, and any ranking of 

14 stationary sources derived from the information, shall 

15 not be made available under section 552 of title 5. 

16 (II) APPLICABILITY.—Subclause (I) applies to off-site 

17 consequence analysis information submitted to the Ad18 ministrator at any time. 

19 (iv) PROHIBITION OF UNAUTHORIZED DISCLOSURE OF IN20 FORMATION BY COVERED PERSON.— 

21 (I) IN GENERAL.—A covered person shall not disclose 

22 to the public off-site consequence analysis information in 

23 any form, or any statewide or national ranking of identi24 fied stationary sources derived from such information, 

25 except as authorized by this subparagraph (including the 

26 regulations promulgated under clause (ii)). 

27 (II) CRIMINAL PENALTIES.—Criminal penalties for a 

28 violation of a restriction or prohibition established by 

29 this subparagraph (including the regulations promul30 gated under clause (ii)) are provided under section 732 

31 of title 18. 

32 (III) APPLICABILITY.—If the owner or operator of a 

33 stationary source makes off-site consequence analysis in34 formation relating to that stationary source available to 

35 the public without restriction— 

36 (aa) subclause (I) and section 732 of title 18 

37 shall not apply with respect to the information; and 

38 (bb) the owner or operator shall notify the Ad39 ministrator of the public availability of the informa40 tion. 


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1 (IV) LIST.—The Administrator shall maintain and 

2 make publicly available a list of all stationary sources 

3 that have provided notification under subclause (III)(bb). 

4 (v) NOTICE.—The Administrator shall provide notice of the 

5 definition of official use as provided in clause (i) and exam6 ples of actions that would and would not meet that definition, 

7 and notice of the restrictions on further dissemination and 

8 the penalties established by this division to each covered per9 son who receives off-site consequence analysis information for 

10 an official use under the regulations promulgated under 

11 clause (ii). 

12 (vi) QUALIFIED RESEARCHERS.— 

13 (I) IN GENERAL.—The Administrator, in consultation 

14 with the Attorney General, shall develop and implement 

15 a system for providing off-site consequence analysis in16 formation, including facility identification, to any quali17 fied researcher, including a qualified researcher from in18 dustry or any public interest group. 

19 (II) LIMITATION ON DISSEMINATION.—The system 

20 shall not allow a qualified researcher to disseminate, or 

21 make available on the internet, the off-site consequence 

22 analysis information, or any portion of the off-site con23 sequence analysis information, received under this clause. 

24 (vii) READ-ONLY INFORMATION TECHNOLOGY SYSTEM.—In 

25 consultation with the Attorney General and the heads of other 

26 appropriate Federal agencies, the Administrator shall estab27 lish an information technology system that provides for the 

28 availability to the public of off-site consequence analysis infor29 mation by means of a central database under the control of 

30 the Federal Government that contains information that users 

31 may read, but that provides no means by which an electronic 

32 or mechanical copy of the information may be made. 

33 (viii) VOLUNTARY INDUSTRY ACCIDENT PREVENTION

34 STANDARDS.—EPA, the Department of Justice, and other 

35 appropriate agencies may provide technical assistance to own36 ers and operators of stationary sources and participate in the 

37 development of voluntary industry standards that will help 

38 achieve the objectives set forth in paragraph (2). 

39 (ix) EFFECT ON STATE OR LOCAL LAW.— 

40 (I) IN GENERAL.—Subject to subclause (II), this sub41 paragraph (including the regulations promulgated under 


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1 this subparagraph) shall supersede any provision of 

2 State or local law that is inconsistent with this subpara3 graph (including the regulations). 

4 (II) AVAILABILITY OF INFORMATION UNDER STATE

5 LAW.—Nothing in this subparagraph precludes a State 

6 from making available data on the off-site consequences 

7 of chemical releases collected in accordance with State 

8 law. 

9 (x) REPORT ON RESULT OF REGULATIONS.— 

10 (I) IN GENERAL.—The Attorney General, in consulta11 tion with appropriate Federal, State, and local govern12 ment agencies, affected industry, and the public, shall 

13 submit to Congress a report that describes the extent to 

14 which regulations promulgated under this paragraph 

15 have resulted in actions, including the design and main16 tenance of safe facilities, that are effective in detecting, 

17 preventing, and minimizing the consequences of releases 

18 of regulated substances that may be caused by criminal 

19 activity. As part of the report, the Attorney General, 

20 using available data to the extent possible, and a sam21 pling of covered stationary sources selected at the discre22 tion of the Attorney General, and in consultation with 

23 appropriate Federal, State, and local government agen24 cies, affected industry, and the public, shall review the 

25 vulnerability of covered stationary sources to criminal 

26 and terrorist activity, current industry practices regard27 ing site security, and security of transportation of regu28 lated substances. The Attorney General shall submit the 

29 report, containing the results of the review, together with 

30 recommendations, if any, for reducing vulnerability of 

31 covered stationary sources to criminal and terrorist activ32 ity, to the Committee on Energy and Commerce of the 

33 House of Representatives and the Committee on Envi34 ronment and Public Works of the Senate and other rel35 evant committees of Congress. 

36 (II) NONAVAILABILITY OF INFORMATION DEVELOPED

37 OR RECEIVED FOR REPORT.—Information developed by 

38 the Attorney General or requested by the Attorney Gen39 eral and received from a covered stationary source for 

40 the purpose of conducting the review under subclause (I) 

41 shall be exempt from disclosure under section 552 of 


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1 title 5 if disclosure of the information would pose a 

2 threat to national security. 

3 (xi) SCOPE.—This subparagraph— 

4 (I) applies only to covered persons; and 

5 (II) does not restrict the dissemination of off-site con6 sequence analysis information by any covered person in 

7 any manner or form except in the form of a risk man8 agement plan or an electronic data base created by the 

9 Administrator from off-site consequence analysis infor10 mation. 

11 (xii) AUTHORIZATION OF APPROPRIATIONS.—There are au12 thorized to be appropriated to the Administrator and the At13 torney General such sums as are necessary to carry out this 

14 subparagraph (including the regulations promulgated under 

15 clause (ii)), to remain available until expended. 

16 (E) DISTINCTIONS.—Regulations promulgated under this para17 graph may make distinctions between various types, classes, and 

18 kinds of facilities, devices, and systems, taking into consideration 

19 factors that include the size, location, process, process controls, 

20 quantity of substances handled, potency of substances, and re21 sponse capabilities present at any stationary source. 

22 (8) RESEARCH ON HAZARD ASSESSMENTS.—The Administrator may 

23 collect and publish information on accident scenarios and consequences 

24 covering a range of possible events for substances listed under para25 graph (3). The Administrator shall establish a program of long-term 

26 research to develop and disseminate information on methods and tech27 niques for hazard assessment that may be useful in improving and vali28 dating the procedures employed in the preparation of hazard assess29 ments under this subsection. 

30 (9) ORDER AUTHORITY.— 

31 (A) IN GENERAL.—In addition to any other action taken, when 

32 the Administrator determines that there may be an imminent and 

33 substantial endangerment to the human health or welfare or the 

34 environment because of an actual or threatened accidental release 

35 of a regulated substance, the Administrator may secure such relief 

36 as may be necessary to abate the danger or threat, and the district 

37 court of the United States for the district in which the threat oc38 curs shall have jurisdiction to grant such relief as the public inter39 est and the equities of the case may require. The Administrator 

40 may also, after notice to the State in which the stationary source 

41 is located, take other action under this paragraph including 


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1 issuing such orders as may be necessary to protect human health. 

2 The Administrator shall take action under section 203103 of this 

3 title rather than this paragraph whenever the authority of that 

4 section is adequate to protect human health and the environment. 

5 (B) ENFORCEMENT.—An order issued pursuant to this para6 graph may be enforced in an action brought in the appropriate 

7 United States district court as if the order were issued under sec8 tion 203103 of this title. 

9 (C) GUIDANCE.—The Administrator shall publish guidance for 

10 using the order authorities established by this paragraph. The 

11 guidance shall provide for the coordinated use of the authorities 

12 of this paragraph with other emergency powers authorized by sec13 tion 106 of the Comprehensive Environmental Response, Com14 pensation, and Liability Act of 1980 (42 U.S.C. 9606), sections 

15 308, 309, 311(c), and 504(a) of the Federal Water Pollution Con16 trol Act (33 U.S.C. 1318, 1319, 1321(c), 1364(a)), sections 3007, 

17 3008, 3013, and 7003 of the Solid Waste Disposal Act (42 U.S.C. 

18 6927, 6928, 6934, 6973), sections 1431 and 1445 of the Safe 

19 Drinking Water Act (42 U.S.C. 300i, 300j–4), sections 5 and 7 

20 of the Toxic Substances Control Act (15 U.S.C. 2604, 2606), and 

21 sections 203103, 211113, and 211114 of this title. 

22 (10) STATE AUTHORITY.—Nothing in this subsection shall preclude, 

23 deny, or limit any right of a State or political subdivision thereof to 

24 adopt or enforce any regulation, requirement, limitation, or standard 

25 (including any procedural requirement) that is more stringent than a 

26 regulation, requirement, limitation, or standard in effect under this 

27 subsection or that applies to a substance not subject to this subsection. 

28 (11) CONSISTENCY WITH ASME, ASNI, AND ASTM STANDARDS AND

29 RECOMMENDATIONS.—Any regulations promulgated pursuant to this 

30 subsection shall, to the maximum extent practicable, consistent with 

31 this subsection, be consistent with the recommendations and standards 

32 established by the American Society of Mechanical Engineers, the 

33 American National Standards Institute, or ASTM International. 

34 (12) CONCERNS OF SMALL BUSINESS.—The Administrator shall take 

35 into consideration the concerns of small business in promulgating regu36 lations under this subsection. 

37 (13) RADIONUCLIDES.—Nothing in this subsection shall be inter38 preted, construed, or applied to impose requirements affecting, or to 

39 grant the Administrator, the Chemical Safety and Hazard Investigation 

40 Board, or any other agency any authority to regulate (including re41 quirements for hazard assessment), the accidental release of radioVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 nuclides arising from the construction and operation of facilities li2 censed by the Nuclear Regulatory Commission. 

3 (14) PROHIBITION.—It shall be unlawful for any person to operate 

4 any stationary source subject to a regulation or requirement imposed 

5 under this subsection in violation of the regulation or requirement. 

6 Each regulation or requirement under this subsection shall, for pur7 poses of sections 203102, 203104, 211113, 211114, 211116, and 

8 211119 of this title and other enforcement provisions of this division, 

9 be treated as a standard in effect under subsection (d). 

10 (15) PERMITS.—Notwithstanding subdivision 6 or this section, no 

11 stationary source shall be required to apply for, or operate pursuant 

12 to, a permit issued under that subdivision solely because the source is 

13 subject to regulations or requirements under this subsection. 

14 (16) OCCUPATIONAL SAFETY AND HEALTH.—In exercising any au15 thority under this subsection, the Administrator shall not, for purposes 

16 of section 4(b)(1) of the Occupational Safety and Health Act of 1970 

17 (29 U.S.C. 653(b)(1)), be considered to be exercising statutory author18 ity to prescribe or enforce standards or regulations affecting occupa19 tional safety and health. 

20 § 211113. Federal enforcement 

21 (a) DEFINITIONS.—In this section: 

22 (1) OPERATOR.— 

23 (A) IN GENERAL.—The term ‘‘operator’’ includes any person 

24 who is a part of senior management personnel or is a corporate 

25 officer. 

26 (B) EXCLUSIONS.—Except in the case of a knowing and willful 

27 violation, the term ‘‘operator’’ does not include any person who is 

28 a stationary engineer or technician responsible for the operation, 

29 maintenance, repair, or monitoring of equipment and facilities and 

30 who often has supervisory and training duties but who is not a 

31 part of senior management personnel and not a corporate officer. 

32 (2) PERIOD OF FEDERALLY ASSUMED ENFORCEMENT.—The term 

33 ‘‘period of federally assumed enforcement’’ means a period described in 

34 subsection (b)(2)(C). 

35 (b) IN GENERAL.— 

36 (1) ORDER TO COMPLY WITH SIP.—Whenever, on the basis of any 

37 information available to the Administrator, the Administrator finds 

38 that any person has violated or is in violation of any requirement or 

39 prohibition of an applicable implementation plan or permit, the Admin40 istrator shall notify the person and the State in which the plan applies 

41 of the finding. At any time after the expiration of 30 days following 


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1 the date on which the notice of violation is issued, the Administrator 

2 may, without regard to the period of violation (subject to section 2462 

3 of title 28)— 

4 (A) issue an order requiring the person to comply with the re5 quirements or prohibitions of the plan or permit; 

6 (B) issue an administrative penalty order in accordance with 

7 subsection (e); or 

8 (C) bring a civil action in accordance with subsection (c). 

9 (2) STATE FAILURE TO ENFORCE SIP OR PERMIT PROGRAM.— 

10 (A) NOTICE TO STATE.—Whenever, on the basis of information 

11 available to the Administrator, the Administrator finds that viola12 tions of an applicable implementation plan or an approved permit 

13 program under subdivision 6 are so widespread that the violations 

14 appear to result from a failure of the State in which the plan or 

15 permit program applies to enforce the plan or permit program ef16 fectively, the Administrator shall so notify the State. In the case 

17 of a permit program, the notice shall be made in accordance with 

18 subdivision 6. 

19 (B) PUBLIC NOTICE.—If the Administrator finds that the fail20 ure extends beyond the 30th day after the notice (90 days in the 

21 case of such a permit program), the Administrator shall give pub22 lic notice of that finding. 

23 (C) PERIOD OF FEDERALLY ASSUMED ENFORCEMENT.—During 

24 the period beginning with the public notice under subparagraph 

25 (B) and ending when the State satisfies the Administrator that 

26 the State will enforce the plan or permit program, the Adminis27 trator may enforce any requirement or prohibition of the plan or 

28 permit program with respect to any person by— 

29 (i) issuing an order requiring the person to comply with the 

30 requirement or prohibition; 

31 (ii) issuing an administrative penalty order in accordance 

32 with subsection (e); or 

33 (iii) bringing a civil action in accordance with subsection 

34 (c). 

35 (3) EPA ENFORCEMENT OF OTHER REQUIREMENTS.—Except for a 

36 requirement or prohibition enforceable under paragraph (1) or (2), 

37 when, on the basis of any information available to the Administrator, 

38 the Administrator finds that any person has violated, or is in violation 

39 of, any other requirement or prohibition of this subdivision, section 

40 203103 of this title, subdivision 5, 6, or 7 (including a requirement or 

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1 gated, issued, or approved under those provisions, or for the payment 

2 of any fee owed to the United States under this division, other than 

3 subdivision 3), the Administrator may— 

4 (A) issue an administrative penalty order in accordance with 

5 subsection (b); 

6 (B) issue an order requiring the person to comply with the re7 quirement or prohibition; 

8 (C) bring a civil action in accordance with subsection (c) or sec9 tion 203105 of this title; or 

10 (D) request the Attorney General to commence a criminal action 

11 in accordance with subsection (d). 

12 (4) REQUIREMENTS FOR ORDERS.— 

13 (A) OPPORTUNITY TO CONFER.—An order issued under this 

14 subsection (other than an order relating to a violation of section 

15 211112 of this title) shall not take effect until the person to which 

16 it is issued has had an opportunity to confer with the Adminis17 trator concerning the alleged violation. 

18 (B) COPY TO STATE AIR POLLUTION CONTROL AGENCY.—A 

19 copy of any order issued under this subsection shall be sent to the 

20 State air pollution control agency of any State in which the viola21 tion occurs. 

22 (C) CORPORATIONS.—In any case in which an order under this 

23 subsection (or notice to a violator under paragraph (1)) is issued 

24 to a corporation, a copy of the order (or notice) shall be issued 

25 to appropriate corporate officers. 

26 (D) CONTENTS.—Any order issued under this subsection 

27 shall— 

28 (i) state with reasonable specificity the nature of the viola29 tion; 

30 (ii) specify a time for compliance that the Administrator 

31 determines is reasonable, taking into account the seriousness 

32 of the violation and any good faith efforts to comply with ap33 plicable requirements; and 

34 (iii) require the person to which it is issued to comply with 

35 the requirement as expeditiously as practicable, but in no 

36 event longer than 1 year after the date the order is issued. 

37 (E) NONRENEWABILITY.—An order issued under this subsection 

38 shall be nonrenewable. 

39 (F) EFFECT.—No order issued under this subsection shall— 

40 (i) preclude the State or the Administrator from assessing 

41 any penalties or otherwise affect or limit the authority of the 


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1 State or the United States to enforce under other provisions 

2 of this division; or 

3 (ii) affect any person’s obligations to comply with any sec4 tion of this division or with a term or condition of any permit 

5 or applicable implementation plan promulgated or approved 

6 under this division. 

7 (5) FAILURE TO COMPLY WITH NEW SOURCE REQUIREMENTS.— 

8 (A) IN GENERAL.—Whenever, on the basis of any available in9 formation, the Administrator finds that a State is not acting in 

10 compliance with any requirement or prohibition of this division re11 lating to the construction of new sources or the modification of ex12 isting sources, the Administrator may— 

13 (i) issue an order prohibiting the construction or modifica14 tion of any major stationary source in any area to which the 

15 requirement or prohibition applies; 

16 (ii) issue an administrative penalty order in accordance 

17 with subsection (e); or 

18 (iii) bring a civil action under subsection (c). 

19 (B) CRIMINAL ACTION.—Nothing in this subsection shall pre20 clude the United States from commencing a criminal action under 

21 subsection (d) at any time for any violation described in subpara22 graph (A). 

23 (c) CIVIL JUDICIAL ENFORCEMENT.— 

24 (1) IN GENERAL.—The Administrator shall, as appropriate, in the 

25 case of any person that is the owner or operator of an affected source, 

26 a major emitting facility, or a major stationary source, and may, in the 

27 case of any other person, commence a civil action for a permanent or 

28 temporary injunction, or to assess and recover a civil penalty of not 

29 more than $25,000 per day for each violation, or both— 

30 (A) whenever the person has violated, or is in violation of, any 

31 requirement or prohibition of an applicable implementation plan or 

32 permit; 

33 (B) whenever the person has violated, or is in violation of, any 

34 other requirement or prohibition of this subdivision, section 

35 203103 of this title, or subdivision 5, 6, or 7 (including a require36 ment or prohibition of any regulation, order, waiver or permit pro37 mulgated, issued, or approved under this division, or for the pay38 ment of any fee owed the United States under this division (other 

39 than subdivision 3); or 


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1 (C) whenever the person attempts to construct or modify a 

2 major stationary source in any area with respect to which a find3 ing under subsection (b)(5)(A) has been made. 

4 (2) TIME FOR ACTION.—An action under paragraph (1)(A) shall be 

5 commenced— 

6 (A) during any period of federally assumed enforcement; or 

7 (B) more than 30 days following the date of the Administrator’s 

8 notification under subsection (b)(1) that the person has violated, 

9 or is in violation of, the requirement or prohibition. 

10 (3) PLACE FOR ACTION.—Any action under this subsection may be 

11 brought in the United States district court for the district in which the 

12 violation is alleged to have occurred, or is occurring, or in which the 

13 defendant resides, or where the defendant’s principal place of business 

14 is located, and the court shall have jurisdiction to restrain the violation, 

15 to require compliance, to assess a civil penalty, to collect any fees owed 

16 the United States under this division (other than subdivision 3) and 

17 any noncompliance assessment and nonpayment penalty owed under 

18 section 211119 of this title, and to award any other appropriate relief. 

19 (4) NOTICE TO STATE AIR POLLUTION CONTROL AGENCY.—Notice of 

20 the commencement of an action under this subsection shall be given to 

21 the appropriate State air pollution control agency. 

22 (5) COSTS.—In the case of any action brought by the Administrator 

23 under this subsection, the court may award costs of litigation (includ24 ing reasonable attorney’s fees and expert witness’s fees) to the party 

25 or parties against which the action was brought if the court finds that 

26 the action was unreasonable. 

27 (d) CRIMINAL PENALTIES.— 

28 (1) IN GENERAL.—Criminal penalties for a violation described in 

29 paragraph (2) are provided under section 732 of title 18. 

30 (2) VIOLATIONS.—The violations referred to in paragraph (1) are as 

31 follows: 

32 (A) A knowing violation by a person of— 

33 (i) a requirement or prohibition of an applicable implemen34 tation plan— 

35 (I) during any period of federally assumed enforce36 ment; or 

37 (II) more than 30 days after having been notified by 

38 the Administrator under subsection (b)(1) that the per39 son is violating the requirement or prohibition); 

40 (ii)(I) subsection (b)(1); 


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1 (II) section 203103, 211111(j), 211112, 211113(b)(1), 

2 211114, 211128, 213107(a), 213109, 235102(a), or 

3 235103(c) of this title; or 

4 (III) subdivision 5 or 7 of division A of subtitle II of title 

5 55; 

6 (iii) a requirement of a regulation, order, waiver, or permit 

7 promulgated or approved under a section or subdivision speci8 fied in clause (ii); or 

9 (iv) a requirement for the payment of a fee owed the 

10 United States under this division (other than subdivision 3); 

11 (B)(i) A knowing making of any false material statement, rep12 resentation, or certification in, or omission of material information 

13 from, or knowing alteration, concealment, or failure to file or 

14 maintain any notice, application, record, report, plan, or other doc15 ument required pursuant to this division to be filed or maintained 

16 (whether with respect to the requirements imposed by the Admin17 istrator or with respect to the requirements imposed by a State). 

18 (ii) A knowing failure to notify or report as required under this 

19 division. 

20 (iii) A knowing falsification, tampering with, rendering inac21 curate, or failure to install any monitoring device or method re22 quired to be maintained or followed under this division. 

23 (C) A knowing failure to pay any fee owed the United States 

24 under subdivision 1, 2, 5, 6, or 7. 

25 (D) A negligent release by a person into the ambient air of any 

26 hazardous air pollutant listed pursuant to section 211112 of this 

27 title or of any extremely hazardous substance listed pursuant to 

28 section 302(a)(2) of the Emergency Planning and Community 

29 Right-To-Know Act of 1986 (42 U.S.C. 11002(a)(2)) that is not 

30 listed in section 211112 of this title, if, at the time, the person 

31 negligently places another person in imminent danger of death or 

32 serious bodily injury. 

33 (E) A knowing release by a person into the ambient air of any 

34 hazardous air pollutant listed pursuant to section 211112 of this 

35 title or any extremely hazardous substance listed pursuant to sec36 tion 302(a)(2) of the Emergency Planning and Community Right37 To-Know Act of 1986 (42 U.S.C. 11002(a)(2)) that is not listed 

38 in section 211112 of this title, if, at the time, the person knows 

39 that the person thereby places another person in imminent danger 

40 of death or serious bodily injury. 

41 (e) ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES.— 


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1 (1) IN GENERAL.— 

2 (A) ISSUANCE OF ADMINISTRATIVE ORDER.—The Administrator 

3 may issue an administrative order against any person assessing a 

4 civil administrative penalty of up to $25,000 per day of violation 

5 whenever, on the basis of any available information, the Adminis6 trator finds that the person— 

7 (i) has violated or is violating any requirement or prohibi8 tion of an applicable implementation plan; or 

9 (ii) has violated or is violating any other requirement or 

10 prohibition of this subdivision or subdivision 1, 5, 6, or 7, in11 cluding a requirement or prohibition of any regulation, order, 

12 waiver, permit, or plan promulgated, issued, or approved 

13 under this division; 

14 (iii) has failed to pay any fee owed the United States under 

15 this division (other than subdivision 3); or 

16 (iv) attempts to construct or modify a major stationary 

17 source in any area with respect to which a finding under sub18 section (b)(5) has been made. 

19 (B) TIME FOR ISSUANCE.—An administrative order under sub20 paragraph (A)(i) shall be issued— 

21 (i) during any period of federally assumed enforcement; or 

22 (ii) more than 30 days following the date of the Adminis23 trator’s notification under subsection (b)(1) of a finding that 

24 the person has violated or is violating the requirement or pro25 hibition. 

26 (C) LIMITATION.—The Administrator’s authority under this 

27 paragraph shall be limited to matters where the total penalty 

28 sought does not exceed $200,000 and the 1st alleged date of viola29 tion occurred not more than 12 months prior to the initiation of 

30 the administrative action, except where the Administrator and the 

31 Attorney General jointly determine that a matter involving a larg32 er penalty amount or longer period of violation is appropriate for 

33 administrative penalty action. Any such determination by the Ad34 ministrator and the Attorney General shall not be subject to judi35 cial review. 

36 (2) PROCEDURE.— 

37 (A) OPPORTUNITY FOR A HEARING.—An administrative order 

38 under paragraph (1) shall be issued after opportunity for a hear39 ing on the record in accordance with sections 554 and 556 of title 

40 5. The Administrator shall issue reasonable rules for discovery and 

41 other procedures for hearings under this paragraph. Before 


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1 issuing such an order, the Administrator shall give to the person 

2 to be assessed an administrative penalty written notice of the Ad3 ministrator’s proposal to issue the order and provide the person 

4 an opportunity to request a hearing on the order, within 30 days 

5 after the date on which the notice is received by the person. 

6 (B) COMPROMISE, MODIFICATION, OR REMISSION OF ADMINIS7 TRATIVE PENALTY.—The Administrator may compromise, modify, 

8 or remit, with or without conditions, any administrative penalty 

9 that may be imposed under this subsection. 

10 (3) FIELD CITATION PROGRAM.— 

11 (A) IN GENERAL.—The Administrator may implement, after 

12 consultation with the Attorney General and the States, a field cita13 tion program through regulations establishing appropriate minor 

14 violations for which field citations assessing civil penalties not to 

15 exceed $5,000 per day of violation may be issued by officers or 

16 employees designated by the Administrator. 

17 (B) ELECTION TO PAY OR REQUEST HEARING.—Any person to 

18 whom a field citation is assessed may, within a reasonable time 

19 as prescribed by the Administrator by regulation, elect to pay the 

20 penalty assessment or to request a hearing on the field citation. 

21 If a request for a hearing is not made within the time specified 

22 in the regulation, the penalty assessment in the field citation shall 

23 be final. Such a hearing shall not be subject to section 554 or 556 

24 of title 5, but shall provide a reasonable opportunity to be heard 

25 and to present evidence. 

26 (C) NO DEFENSE TO FURTHER ENFORCEMENT.—Payment of a 

27 civil penalty required by a field citation shall not be a defense to 

28 further enforcement by the United States or a State to correct a 

29 violation, or to assess the statutory maximum penalty pursuant to 

30 other authorities in this division, if the violation continues. 

31 (4) JUDICIAL REVIEW.— 

32 (A) IN GENERAL.—Any person against which a civil penalty is 

33 assessed under paragraph (3) or to which an administrative pen34 alty order is issued under paragraph (1) may seek review of the 

35 assessment in the United States District Court for the District of 

36 Columbia or for the district in which the violation is alleged to 

37 have occurred, in which the person resides, or where the person’s 

38 principal place of business is located, by filing in the court within 

39 30 days after the date on which the administrative penalty order 

40 becomes final under paragraph (2), the assessment becomes final 

41 under paragraph (3), or a final decision following a hearing under 


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1 paragraph (3) is rendered, and by simultaneously sending a copy 

2 of the filing by certified mail to the Administrator and the Attor3 ney General. 

4 (B) RECORD.—Within 30 days after the date of a filing under 

5 subparagraph (A), the Administrator shall file in the court a cer6 tified copy, or certified index, as appropriate, of the record on 

7 which the administrative penalty order or assessment was issued. 

8 (C) SCOPE OF REVIEW.—The court shall not set aside or re9 mand the order or assessment unless there is not substantial evi10 dence in the record, taken as a whole, to support the finding of 

11 a violation or unless the order or penalty assessment constitutes 

12 an abuse of discretion. 

13 (D) NO OTHER JUDICIAL REVIEW.—An order or penalty assess14 ment described in subparagraph (A) shall not be subject to review 

15 by any court except as provided in this paragraph. 

16 (E) RECOVERY OF CIVIL PENALTIES.—In any proceeding under 

17 this paragraph, the United States may seek to recover civil pen18 alties ordered or assessed under this section. 

19 (5) FAILURE TO PAY ASSESSMENT OR COMPLY WITH ADMINISTRA20 TIVE ORDER.— 

21 (A) IN GENERAL.—If any person fails to pay an assessment of 

22 a civil penalty or fails to comply with an administrative penalty 

23 order— 

24 (i) after the order or assessment has become final; or 

25 (ii) after a court in an action brought under paragraph (4) 

26 has entered a final judgment in favor of the Administrator; 

27 the Administrator shall request the Attorney General to bring a 

28 civil action in an appropriate United States district court to en29 force the order or to recover the amount ordered or assessed (plus 

30 interest at rates established pursuant to section 6621(a)(2) of the 

31 Internal Revenue Code of 1986 (26 U.S.C. 6621(a)(2)) from the 

32 date of the final order or decision or the date of the final judg33 ment, as the case may be). 

34 (B) VALIDITY, AMOUNT, AND APPROPRIATENESS NOT SUBJECT

35 TO REVIEW.—In a civil action under subparagraph (A), the valid36 ity, amount, and appropriateness of the order or assessment shall 

37 not be subject to review. 

38 (C) ENFORCEMENT EXPENSES.—Any person that fails to pay 

39 on a timely basis a civil penalty ordered or assessed under this 

40 section shall be required to pay, in addition to the civil penalty 

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1 cluding attorney’s fees and costs incurred by the United States for 

2 collection proceedings and a quarterly nonpayment penalty for 

3 each quarter during which the failure to pay persists. The non4 payment penalty shall be 10 percent of the aggregate amount of 

5 the person’s outstanding penalties and nonpayment penalties ac6 crued as of the beginning of each such quarter. 

7 (f) PENALTY ASSESSMENT CRITERIA.— 

8 (1) FACTORS.—In determining the amount of any civil penalty to be 

9 assessed under this section, the Administrator or the court, as appro10 priate, shall take into consideration (in addition to such other factors 

11 as justice may require)— 

12 (A) the size of the business; 

13 (B) the economic impact of the civil penalty on the business; 

14 (C) the violator’s full compliance history and good faith efforts 

15 to comply; 

16 (D) the duration of the violation as established by any credible 

17 evidence (including evidence other than the applicable test meth18 od); 

19 (E) payment by the violator of penalties previously assessed for 

20 the same violation; 

21 (F) the economic benefit of noncompliance; and 

22 (G) the seriousness of the violation. 

23 (2) LIMITATION.—The court shall not assess a penalty for non24 compliance with an administrative subpoena under section 203102(a) 

25 of this title, or an action under section 211114 of this title, where the 

26 violator had sufficient cause to violate or fail or refuse to comply with 

27 the subpoena or action. 

28 (3) CIVIL PENALTY FOR EACH DAY OF VIOLATION.—A civil penalty 

29 may be assessed for each day of violation. For purposes of determining 

30 the number of days of violation for which a civil penalty may be as31 sessed under subsection (c) or (e)(1) or section 203104(b) of this title, 

32 where the Administrator or an air pollution control agency has notified 

33 the source of the violation, and the plaintiff makes a prima facie show34 ing that the conduct or events giving rise to the violation are likely to 

35 have continued or recurred past the date of notice, the days of violation 

36 shall be presumed to include the date of the notice and each day there37 after until the violator establishes that continuous compliance has been 

38 achieved, except to the extent that the violator can prove by a prepon39 derance of the evidence that there were intervening days during which 

40 no violation occurred or that the violation was not continuing in nature. 

41 (g) AWARDS.— 


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1 (1) IN GENERAL.—The Administrator may pay an award, not to ex2 ceed $10,000, to any person that furnishes information or services that 

3 lead to a criminal conviction or a judicial or administrative civil penalty 

4 for any violation of this subdivision or subdivision 1, 5, 6, or 7 enforced 

5 under this section. 

6 (2) AVAILABILITY OF APPROPRIATIONS.—A payment under para7 graph (1) is subject to available appropriations for such payments as 

8 provided in annual appropriation Acts. 

9 (3) INELIGIBILITY OF GOVERNMENT OFFICERS AND EMPLOYEES.— 

10 Any officer or employee of the United States or any State or local gov11 ernment who furnishes information or renders service in the perform12 ance of an official duty is ineligible for payment under this subsection. 

13 (4) ADDITIONAL CRITERIA.—The Administrator may, by regulation, 

14 prescribe additional criteria for eligibility for an award under this sub15 section. 

16 (h) SETTLEMENTS; PUBLIC PARTICIPATION.— 

17 (1) OPPORTUNITY TO COMMENT.—At least 30 days before a consent 

18 order or settlement agreement of any kind under this division to which 

19 the United States is a party (other than an enforcement action under 

20 this section, section 211119 of this title, or subdivision 3, whether or 

21 not involving civil or criminal penalties, or judgments subject to De22 partment of Justice policy on public participation) is final or filed with 

23 a court, the Administrator shall provide a reasonable opportunity by 

24 notice in the Federal Register to persons that are not named as parties 

25 or intervenors to the action or matter to comment in writing. 

26 (2) CONSIDERATION OF COMMENTS; WITHHOLDING OR WITHDRAWAL

27 OF CONSENT.—The Administrator or the Attorney General, as appro28 priate— 

29 (A) shall promptly consider any such written comments; and 

30 (B) may withdraw or withhold consent to the proposed order or 

31 agreement if the comments disclose facts or considerations that in32 dicate that consent is inappropriate, improper, inadequate, or in33 consistent with the requirements of this division. 

34 (3) EFFECT OF SUBSECTION.—Nothing in this subsection shall apply 

35 to civil or criminal penalties under this division. 

36 § 211114. Recordkeeping, inspections, monitoring, and entry 

37 (a) AUTHORITY OF ADMINISTRATOR OR AUTHORIZED REPRESENTA38 TIVE.— 

39 (1) PURPOSES.—The Administrator may take the actions described 

40 in paragraph (2) for the purpose of— 

41 (A) developing or assisting in the development of— 


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1 (i) any implementation plan under section 211110 or 

2 211111(d) of this title; 

3 (ii) any standard of performance under section 211111 of 

4 this title; 

5 (iii) any emission standard under section 211112 of this 

6 title; or 

7 (iv) any regulation of solid waste combustion under section 

8 211128 of this title; 

9 (B) determining whether any person is in violation of any such 

10 standard or any requirement of such a plan; or 

11 (C) carrying out any provision of this division (except a provi12 sion of subdivision 3 with respect to a manufacturer of new motor 

13 vehicles or new motor vehicle engines). 

14 (2) ACTIONS.—For any of the purposes stated in paragraph (1)— 

15 (A) the Administrator may require any person that owns or op16 erates any emission source, that manufactures emission control 

17 equipment or process equipment, that the Administrator believes 

18 may have information necessary for the purposes set forth in this 

19 subsection, or that is subject to any requirement of this division 

20 (other than a manufacturer subject to the provisions of section 

21 221106(c) or 221108 of this title with respect to a provision of 

22 subdivision 3) on a one-time, periodic, or continuous basis to— 

23 (i) establish and maintain such records as the Adminis24 trator may reasonably require; 

25 (ii) make such reports as the Administrator may reason26 ably require; 

27 (iii) install, use, and maintain such monitoring equipment, 

28 and use such audit procedures, or methods, as the Adminis29 trator may reasonably require; 

30 (iv) sample such emissions (in accordance with such proce31 dures or methods, at such locations, at such intervals, during 

32 such periods and in such manner as the Administrator shall 

33 prescribe); 

34 (v) keep records on control equipment parameters, produc35 tion variables or other indirect data when direct monitoring 

36 of emissions is impractical; 

37 (vi) submit compliance certifications in accordance with 

38 paragraph (3); and 

39 (vii) provide such other information as the Administrator 

40 may reasonably require; and 


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1 (B) the Administrator or an authorized representative of the 

2 Administrator, on presentation of his or her credentials— 

3 (i) shall have a right of entry to, on, or through any prem4 ises of a person described in subparagraph (A) or in which 

5 any records required to be maintained under subparagraph 

6 (A) are located; and 

7 (ii) may at reasonable times have access to and copy any 

8 records, inspect any monitoring equipment or method re9 quired under subparagraph (A), and sample any emissions 

10 that a person is required to sample under subparagraph (A). 

11 (3) ENHANCED MONITORING; SUBMISSION OF COMPLIANCE CERTIFI12 CATIONS.— 

13 (A) IN GENERAL.—The Administrator shall, in the case of any 

14 person that is the owner or operator of a major stationary source, 

15 and may, in the case of any other person, require enhanced moni16 toring and submission of compliance certifications. 

17 (B) COMPLIANCE CERTIFICATIONS.—A compliance certification 

18 shall include— 

19 (i) identification of the applicable requirement that is the 

20 basis of the certification; 

21 (ii) the method used for determining the compliance status 

22 of the source; 

23 (iii) the compliance status; 

24 (iv) whether compliance is continuous or intermittent; and 

25 (v) such other facts as the Administrator may require. 

26 (C) EFFECT OF SUBMISSION OF COMPLIANCE CERTIFICATE.— 

27 Submission of a compliance certification shall in no way limit the 

28 Administrator’s authorities to investigate or otherwise implement 

29 this division. 

30 (D) REGULATIONS.—The Administrator shall promulgate regu31 lations to provide guidance and to implement this paragraph. 

32 (b) STATE ENFORCEMENT.— 

33 (1) IN GENERAL.—A State may develop and submit to the Adminis34 trator a procedure for carrying out this section in the State. If the Ad35 ministrator finds that the State procedure is adequate, the Adminis36 trator may delegate to the State any authority that the Administrator 

37 has to carry out this section. 

38 (2) EFFECT OF SUBSECTION.—Nothing in this subsection precludes 

39 the Administrator from carrying out this section in a State. 

40 (c) PUBLIC AVAILABILITY OF RECORDS, REPORTS, AND INFORMATION.— 


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1 (1) IN GENERAL.—Except as provided in paragraph (2), any records, 

2 reports or information obtained under subsection (a) shall be available 

3 to the public. 

4 (2) TRADE SECRETS.—On a showing satisfactory to the Adminis5 trator by any person that records, reports, or information, or any par6 ticular part thereof (other than emission data), to which the Adminis7 trator has access under this section, if made public, would divulge 

8 methods or processes entitled to protection as trade secrets of the per9 son, the Administrator shall consider the record, report, or information 

10 or particular part thereof confidential in accordance with section 1905 

11 of title 18, except that the record, report, or information may be dis12 closed to other officers, employees, or authorized representatives of the 

13 United States concerned with carrying out this division or when rel14 evant in any proceeding under this division. 

15 (d) NOTICE OF PROPOSED ENTRY, INSPECTION, OR MONITORING.— 

16 (1) IN GENERAL.—In the case of any emission standard or limitation 

17 or other requirement that is adopted by a State as part of an applica18 ble implementation plan, before carrying out an entry, inspection, or 

19 monitoring under subsection (a)(2)(B) with respect to the emission 

20 standard, limitation, or other requirement, the Administrator (or the 

21 Administrator’s representative) shall provide the State air pollution 

22 control agency with reasonable prior notice of that action, indicating 

23 the purpose of the action. 

24 (2) PROHIBITION OF USE OF INFORMATION TO INFORM AFFECTED

25 PERSON.—No State air pollution control agency that receives notice 

26 under paragraph (1) of an action proposed to be taken may use the 

27 information contained in the notice to inform the person whose prop28 erty is proposed to be affected of the proposed action. If the Adminis29 trator has a reasonable basis for believing that a State air pollution 

30 control agency is so using or will so use such information, notice to 

31 the State air pollution control agency under paragraph (1) is not re32 quired until such time as the Administrator determines that the State 

33 air pollution control agency will no longer so use information contained 

34 in a notice under paragraph (1). 

35 (3) EFFECT OF SECTION.—Nothing in this section shall be construed 

36 to require notification to any State air pollution control agency of any 

37 action taken by the Administrator with respect to any standard, limita38 tion, or other requirement that is not part of an applicable implementa39 tion plan or that was promulgated by the Administrator under section 

40 211110(c) of this title. 


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1 (4) EFFECT OF SUBSECTION.—Nothing in this subsection shall be 

2 construed to provide that any failure of the Administrator to comply 

3 with the requirements of this subsection shall be a defense in any en4 forcement action brought by the Administrator or shall make inadmis5 sible as evidence in any such action any information or material ob6 tained notwithstanding the failure to comply with those requirements. 

7 § 211115. International air pollution 

8 (a) ENDANGERMENT OF PUBLIC HEALTH OR WELFARE IN FOREIGN

9 COUNTRIES FROM POLLUTION EMITTED IN UNITED STATES.—Whenever 

10 the Administrator, on receipt of reports, surveys, or studies from any duly 

11 constituted international agency, has reason to believe that any air pollutant 

12 or pollutants emitted in the United States cause or contribute to air pollu13 tion that may reasonably be anticipated to endanger public health or welfare 

14 in a foreign country or whenever the Secretary of State requests the Admin15 istrator to do so with respect to such pollution that the Secretary of State 

16 alleges is of such a nature, the Administrator shall give formal notification 

17 thereof to the Governor of the State in which the emissions originate. 

18 (b) PREVENTION OR ELIMINATION OF ENDANGERMENT.—The notice of 

19 the Administrator shall be deemed to be a finding under section 

20 211110(a)(3)(H)(ii) of this title that requires a plan revision with respect 

21 to so much of the applicable implementation plan as is inadequate to pre22 vent or eliminate the endangerment described in subsection (a). Any foreign 

23 country so affected by the emission of the pollutant or pollutants shall be 

24 invited to appear at any public hearing associated with any revision of the 

25 appropriate portion of the applicable implementation plan. 

26 (c) RECIPROCITY.—This section shall apply only to a foreign country that 

27 the Administrator determines has given the United States essentially the 

28 same rights with respect to the prevention or control of air pollution occur29 ring in that country as is given that country by this section. 

30 (d) RECOMMENDATIONS.—Recommendations issued following any abate31 ment conference conducted prior to August 7, 1977, shall remain in effect 

32 with respect to any pollutant for which no NAAQS has been established 

33 under section 211109 of this title unless the Administrator, after consulta34 tion with all agencies that were party to the conference, rescinds any such 

35 recommendation on grounds of obsolescence. 

36 § 211116. Retention of State authority 

37 (a) IN GENERAL.—Except as otherwise provided in subsections (c), (e), 

38 and (f) of section 119 of the Clean Air Act (42 U.S.C. 1857c–10) (as in 

39 effect before August 7, 1977) and in sections 221109, 221111(d)(4), and 

40 223104 of this title, and subject to subsection (b), nothing in this division 


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1 shall preclude or deny the right of any State or political subdivision thereof 

2 to adopt or enforce— 

3 (1) any standard or limitation respecting emissions of air pollutants; 

4 or 

5 (2) any requirement respecting control or abatement of air pollution. 

6 (b) STRINGENCY.—If an emission standard or limitation is in effect under 

7 an applicable implementation plan or under section 211111 or 211112 of 

8 this title, a State or political subdivision may not adopt or enforce any emis9 sion standard or limitation that is less stringent than the standard or limi10 tation under the plan or section. 

11 § 211117. Advisory committees 

12 (a) ESTABLISHMENT.—The Administrator shall from time to time estab13 lish advisory committees— 

14 (1) to obtain assistance in the development and implementation of 

15 this division, including air quality criteria, recommended control tech16 niques, standards, research and development; and 

17 (2) to encourage continued efforts on the part of industry to improve 

18 air quality and to develop economically feasible methods for the control 

19 and abatement of air pollution. 

20 (b) MEMBERSHIP.—Committee members shall include persons who are 

21 knowledgeable concerning air quality from the standpoint of health, welfare, 

22 economics, or technology. 

23 (c) COMPENSATION.—The members of any advisory committee appointed 

24 pursuant to this division who are not officers or employees of the United 

25 States while attending conferences or meetings or while otherwise serving 

26 at the request of the Administrator shall be entitled to receive compensation 

27 at a rate to be fixed by the Administrator, but not exceeding $100 per diem, 

28 including traveltime, and while away from their homes or regular places of 

29 business they may be allowed travel expenses, including per diem in lieu of 

30 subsistence, as authorized by section 5703 of title 5 for persons in the Gov31 ernment service employed intermittently. 

32 (d) CONSULTATION.—The Administrator shall, to the maximum extent 

33 practicable within the time provided, consult with appropriate advisory com34 mittees, independence experts, and Federal departments and agencies be35 fore— 

36 (1) issuing criteria for an air pollutant under section 211108(a)(2) 

37 of this title; 

38 (2) publishing any list under section 211111(b)(1) or 211112(b)(1) 

39 of this title; 

40 (3) publishing any standard under section 211111 or 211112 of this 

41 title; or 


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1 (4) publishing any regulation under section 221102(a) of this title. 

2 § 211118. Control of pollution from Federal facilities 

3 (a) GENERAL COMPLIANCE.— 

4 (1) IN GENERAL.—Each department, agency, and instrumentality of 

5 the executive, legislative, and judicial branches of the Federal Govern6 ment— 

7 (A) having jurisdiction over any property or facility; or 

8 (B) engaged in any activity resulting, or which may result, in 

9 the discharge of air pollutants; 

10 and each officer, agent, or employee thereof, shall be subject to, and 

11 comply with, all Federal, State, interstate, and local requirements, ad12 ministrative authority, and process and sanctions respecting the control 

13 and abatement of air pollution in the same manner and to the same 

14 extent as any nongovernmental entity. 

15 (2) APPLICABILITY.—Paragraph (1) shall apply— 

16 (A) to any requirement whether substantive or procedural (in17 cluding any recordkeeping or reporting requirement, any require18 ment respecting permits, and any other requirement); 

19 (B) to any requirement to pay a fee or charge imposed by any 

20 State or local agency to defray the costs of its air pollution regu21 latory program; 

22 (C) to the exercise of any Federal, State, or local administrative 

23 authority; and 

24 (D) to any process and sanction, whether enforced in Federal, 

25 State, or local courts or in any other manner. 

26 (3) IMMUNITY.—This subsection shall apply notwithstanding any im27 munity of agencies, officers, agents, or employees described in para28 graph (1) under any law or rule of law. 

29 (4) PERSONAL LIABILITY.—No officer, agent, or employee of the 

30 United States shall be personally liable for any civil penalty for which 

31 he or she is not otherwise liable. 

32 (b) EXEMPTIONS.— 

33 (1) EXEMPTION OF PARTICULAR EMISSION SOURCES.— 

34 (A) IN GENERAL.—The President may exempt any emission 

35 source of any department, agency, or instrumentality in the execu36 tive branch from compliance with a requirement described in sub37 section (a) if the President determines it to be in the paramount 

38 interest of the United States to do so, except that— 

39 (i) no exemption may be granted from section 211111 of 

40 this title; and 


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1 (ii) an exemption from section 211112 of this title may be 

2 granted only in accordance with subsection (i)(4) of that sec3 tion. 

4 (B) LACK OF APPROPRIATION.—No exemption under subpara5 graph (A) shall be granted due to lack of appropriation unless the 

6 President specifically requests such an appropriation as a part of 

7 the budgetary process and Congress fails to make available the re8 quested appropriation. 

9 (C) EXEMPTION PERIOD.—Any exemption under subparagraph 

10 (A) shall be for a period of not more than 1 year, but additional 

11 exemptions may be granted for periods of not more than 1 year 

12 on the President’s making a new determination. 

13 (2) EXEMPTION OF WEAPONRY, EQUIPMENT, AIRCRAFT, VEHICLES, 

14 OR OTHER CLASSES OR CATEGORIES OF PROPERTY.— 

15 (A) IN GENERAL.—The President may, if the President deter16 mines it to be in the paramount interest of the United States to 

17 do so, issue regulations exempting from compliance with the re18 quirements of this section any weaponry, equipment, aircraft, vehi19 cles, or other classes or categories of property that are owned or 

20 operated by the Armed Forces of the United States (including the 

21 Coast Guard) or by the National Guard of any State and that are 

22 uniquely military in nature. 

23 (B) RECONSIDERATION.—The President shall reconsider the 

24 need for such regulations at 3-year intervals. 

25 (3) REPORTS.—The President shall report each January to Congress 

26 all exemptions from the requirements of this section granted during the 

27 preceding calendar year, together with the President’s reason for grant28 ing each such exemption. 

29 (c) GOVERNMENT VEHICLES.—Each department, agency, and instrumen30 tality of the executive, legislative, and judicial branches of the Federal Gov31 ernment shall comply with all applicable provisions of a valid inspection and 

32 maintenance program established under subchapter II or III of chapter 215 

33 except for such vehicles as are considered military tactical vehicles. 

34 (d) VEHICLES OPERATED ON FEDERAL INSTALLATIONS.— 

35 (1) IN GENERAL.—Each department, agency, and instrumentality of 

36 the executive, legislative, and judicial branches of the Federal Govern37 ment having jurisdiction over any property or facility shall require all 

38 employees that operate a motor vehicle on the property or facility to 

39 furnish proof of compliance with the applicable requirements of any ve40 hicle inspection and maintenance program established under subchapter 

41 II or III of chapter 215 for the State in which the property or facility 


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1 is located (without regard to whether the vehicle is registered in the 

2 State). 

3 (2) PROOF OF COMPLIANCE.—A department, agency, and instrumen4 tality shall use 1 of the following methods to establish proof of compli5 ance with paragraph (1): 

6 (A) Presentation by the vehicle owner of a valid certificate of 

7 compliance from the vehicle inspection and maintenance program. 

8 (B) Presentation by the vehicle owner of proof of vehicle reg9 istration within the geographic area covered by the vehicle inspec10 tion and maintenance program (except for any program whose en11 forcement mechanism is not through the denial of vehicle registra12 tion). 

13 (C) Another method approved by the vehicle inspection and 

14 maintenance program administrator. 

15 § 211119. Noncompliance penalty 

16 (a) DEFINITION OF OPERATOR.—In this section: 

17 (1) IN GENERAL.—The term ‘‘operator’’ includes any person who is 

18 a part of senior management personnel or is a corporate officer. 

19 (2) EXCLUSIONS.—Except in the case of a knowing and willful viola20 tion, the term ‘‘operator’’ does not include any person who is a sta21 tionary engineer or technician responsible for the operation, mainte22 nance, repair, or monitoring of equipment and facilities and who often 

23 has supervisory and training duties but who is not a part of senior 

24 management personnel and not a corporate officer. 

25 (b) ASSESSMENT AND COLLECTION.— 

26 (1) IN GENERAL.— 

27 (A) REGULATIONS.—After notice and opportunity for a public 

28 hearing, the Administrator shall promulgate regulations requiring 

29 the assessment and collection of a noncompliance penalty against 

30 a person described in paragraph (2)(A). 

31 (B) DELEGATION OF AUTHORITY TO A STATE.— 

32 (i) IN GENERAL.—A State may develop and submit to the 

33 Administrator a plan for carrying out this section in the 

34 State. If the Administrator finds that the State plan meets 

35 the requirements of this section, the Administrator may dele36 gate to the State any authority that the Administrator has 

37 to carry out this section. 

38 (ii) AUTHORITY OF THE ADMINISTRATOR.—Notwith39 standing a delegation to a State under clause (i), the Admin40 istrator may carry out this section in the State under the cir41 cumstances described in subsection (c)(2)(B). 


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1 (2) AUTHORITY.— 

2 (A) ASSESSMENT AND COLLECTION.— 

3 (i) IN GENERAL.—Except as provided in subparagraph (B) 

4 or (C), a State to which authority has been delegated under 

5 paragraph (1) or the Administrator shall assess and collect a 

6 noncompliance penalty against every person that owns or op7 erates— 

8 (I) a major stationary source (other than a primary 

9 nonferrous smelter that received a primary nonferrous 

10 smelter order under section 119 of the Clean Air Act (42 

11 U.S.C. 7419) (as in effect before the repeal of that sec12 tion)) that is not in compliance with any emission limita13 tion, emission standard, or compliance schedule under 

14 any applicable implementation plan (whether or not the 

15 source is subject to a Federal or State consent decree); 

16 (II) a stationary source that is not in compliance with 

17 an emission limitation, emission standard, standard of 

18 performance, or other requirement established under sec19 tion 203103, 211111, 211112, or 213109 of this title; 

20 (III) a stationary source that is not in compliance with 

21 any requirement of subdivision 5, 6, or 7; or 

22 (IV) any source described in subclause (I), (II), or 

23 (III) (for which an extension, order, or suspension de24 scribed in subparagraph (B) or a Federal or State con25 sent decree is in effect) or a primary nonferrous smelter 

26 that received a primary nonferrous smelter order under 

27 section 119 of the Clean Air Act (42 U.S.C. 7419) (as 

28 in effect before the repeal of that section) that is not in 

29 compliance with any interim emission control require30 ment or schedule of compliance under the extension, 

31 order, suspension, or consent decree. 

32 (ii) COSTS.—For purposes of subsection (g)(1), in the case 

33 of a penalty assessed with respect to a source described in 

34 clause (i)(III), the costs described in subsection (g)(1) shall 

35 be the economic value of noncompliance with the interim 

36 emission control requirement or the remaining steps in the 

37 schedule of compliance described in clause (i)(III). 

38 (B) EXEMPTIONS IF FAILURE TO COMPLY IS DUE TO CERTAIN

39 EXTENSIONS, ORDERS, OR SUSPENSIONS.— 

40 (i) IN GENERAL.—Notwithstanding the requirements of 

41 subclauses (I) and (II) of subparagraph (A)(i), the owner or 


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1 operator of any source shall be exempted from the duty to 

2 pay a noncompliance penalty under those requirements with 

3 respect to that source if, in accordance with the procedures 

4 in subsection (c)(5), the owner or operator demonstrates that 

5 the failure of the source to comply with any such requirement 

6 is due solely to— 

7 (I) a conversion by the source from the burning of pe8 troleum products or natural gas, or both, as the perma9 nent primary energy source to the burning of coal pursu10 ant to an order under section 113(d)(5) of the Clean Air 

11 Act (42 U.S.C. 7413(d)(5)) (as in effect before Novem12 ber 15, 1990) or section 119 of the Clean Air Act (42 

13 U.S.C. 7419) (as in effect before August 7, 1977); 

14 (II) in the case of a coal-burning source granted an 

15 extension under the 2d sentence of section 119(c)(1) of 

16 the Clean Air Act (42 U.S.C. 1857c–10(c)(1)) (as in ef17 fect before August 7, 1977), a prohibition from using pe18 troleum products or natural gas or both, by reason of an 

19 order under subsections (a) and (b) of section 2 of the 

20 Energy Supply and Environmental Coordination Act of 

21 1974 (15 U.S.C. 792) or under any legislation that su22 persedes those subsections; 

23 (III) the use of innovative technology sanctioned by an 

24 enforcement order under section 113(d)(4) of the Clean 

25 Air Act (42 U.S.C. 7413(d)(4)) (as in effect before No26 vember 15, 1990); 

27 (IV) an inability to comply with any such requirement, 

28 for which inability the source received an order under 

29 section 113(d) of the Clean Air Act (42 U.S.C. 7413(d)) 

30 (as in effect before November 15, 1990) or an order 

31 under section 113 of the Clean Air Act (42 U.S.C. 7413) 

32 (as in effect before August 7, 1977) that has the effect 

33 of permitting a delay or violation of any requirement of 

34 this division (including a requirement of an applicable 

35 implementation plan), which inability results from rea36 sons entirely beyond the control of the owner or operator 

37 of the source or of any entity controlling, controlled by, 

38 or under common control with the owner or operator of 

39 the source; or 


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1 (V) the conditions by reason of which a temporary 

2 emergency suspension is authorized under subsection (d) 

3 or (e) of section 211110 of this title. 

4 (ii) CESSATION OF EFFECTIVENESS.—An exemption under 

5 this subparagraph shall cease to be effective if the source fails 

6 to comply with the interim emission control requirements or 

7 schedules of compliance (including increments of progress) 

8 under any such extension, order, or suspension. 

9 (C) EXEMPTION IF FAILURE TO COMPLY IS DE MINIMIS IN NA10 TURE AND IN DURATION.—The Administrator may, after notice 

11 and opportunity for public hearing, exempt any source from the 

12 requirements of this section with respect to a particular instance 

13 of noncompliance if the Administrator finds that the instance of 

14 noncompliance is de minimis in nature and in duration. 

15 (c) CONTENTS OF REGULATIONS.—Regulations under subsection (b) 

16 shall— 

17 (1) permit the assessment and collection of a penalty by a State if 

18 the State has a delegation of authority in effect under subsection 

19 (b)(1)(B)(i); 

20 (2) provide for the assessment and collection of a penalty by the Ad21 ministrator, if— 

22 (A) a State does not have a delegation of authority in effect 

23 under subsection (b)(1)(B)(i); or 

24 (B) a State has such a delegation in effect but fails with respect 

25 to any particular person or source to assess or collect the penalty 

26 in accordance with the requirements of this section; 

27 (3) require a State, or if a State fails to do so, the Administrator, 

28 to give a brief but reasonably specific notice of noncompliance under 

29 this section to each person described in subsection (b)(2)(A)(i) with re30 spect to each source owned or operated by the person that is not in 

31 compliance as provided in subsection (b) not later than 30 days after 

32 the discovery of the noncompliance; 

33 (4) require each person to which notice is given under paragraph (3) 

34 to— 

35 (A) calculate the amount of the penalty owed (determined in ac36 cordance with subsection (g)(1)) and the schedule of payments 

37 (determined in accordance with subsection (g)(2)) for each such 

38 source and, within 45 days after the issuance of the notice or after 

39 the denial of a petition under subparagraph (B), to submit that 

40 calculation and proposed schedule, together with the information 


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1 necessary for an independent verification of the calculation, to the 

2 State and to the Administrator; or 

3 (B) submit a petition, within 45 days after the issuance of the 

4 notice, challenging the notice or alleging entitlement to an exemp5 tion under subsection (b)(2)(B) with respect to a particular 

6 source; 

7 (5) require the Administrator to provide a hearing on the record 

8 (within the meaning of subchapter II of chapter 5 of title 5) and to 

9 make a decision on the petition (including findings of fact and conclu10 sions of law) not later than 90 days after the receipt of any petition 

11 under paragraph (4)(B), unless the State agrees to provide a hearing 

12 that is substantially similar to such a hearing on the record and to 

13 make a decision on the petition (including findings and conclusions) 

14 within the 90-day period; 

15 (6)(A) authorize the Administrator on the Administrator’s initiative 

16 to review the decision of the State under paragraph (5) and disapprove 

17 the decision if it is not in accordance with the requirements of this sec18 tion; and 

19 (B) on petition for such a review, require the Administrator to do 

20 so not later than 60 days after receipt of the petition, notice, and pub21 lic hearing and a showing by the petitioner that the State decision 

22 under paragraph (5) is not in accordance with the requirements of this 

23 section; 

24 (7) require payment, in accordance with subsections (f) and (g), of 

25 the penalty by each person to which notice of noncompliance is given 

26 under paragraph (3) with respect to each noncomplying source for 

27 which the notice is given unless there has been a final determination 

28 granting a petition under paragraph (4)(B) with respect to the source; 

29 (8) authorize a State or the Administrator to adjust (and from time 

30 to time to readjust) the amount of the penalty assessment calculated 

31 or the payment schedule proposed by an owner or operator under para32 graph (4) if the Administrator finds, after notice and opportunity for 

33 a hearing on the record, that the penalty or schedule does not meet 

34 the requirements of this section; and 

35 (9) require a final adjustment of the penalty within 180 days after 

36 a source comes into compliance in accordance with subsection (g)(3). 

37 (d) NONCOMPLIANCE PENALTY ESTABLISHED BY A STATE.— 

38 (1) NOTICE.—In any case in which a State establishes a noncompli39 ance penalty under this section, the State shall provide notice of the 

40 noncompliance penalty to the Administrator. 


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1 (2) APPLICABILITY.—A noncompliance penalty established by a 

2 State under this section shall apply unless the Administrator, within 

3 90 days after the date of receipt of notice of the State penalty assess4 ment under this section, objects in writing to the amount of the penalty 

5 as less than would be required to comply with guidelines established 

6 by the Administrator. 

7 (3) OBJECTION.—If the Administrator objects, the Administrator 

8 shall immediately establish a substitute noncompliance penalty applica9 ble to the source. 

10 (e) CONTRACT TO ASSIST IN DETERMINING AMOUNT OF PENALTY AS11 SESSMENT OR PAYMENT SCHEDULE.— 

12 (1) IN GENERAL.—If the owner or operator of any stationary source 

13 to which a notice is issued under subsection (c)(3)— 

14 (A)(i) does not submit a timely petition under subsection 

15 (c)(4)(B); or 

16 (ii) submits a petition under subsection (c)(4)(B) that is denied; 

17 and 

18 (B) fails to submit a calculation of the penalty assessment, a 

19 schedule for payment, and the information necessary for inde20 pendent verification of the calculation; 

21 the State (or the Administrator, as the case may be) may enter into 

22 a contract with any person that has no financial interest in the owner 

23 or operator of the source (or in any person controlling, controlled by, 

24 or under common control with the source) to assist in determining the 

25 amount of the penalty assessment or payment schedule with respect to 

26 the source. 

27 (2) COST.—The cost of carrying out a contract under paragraph (1) 

28 may be added to the penalty to be assessed against the owner or oper29 ator of the source. 

30 (f) PAYMENT.—All penalties assessed by the Administrator under this 

31 section shall be paid to the Treasury. All penalties assessed by a State 

32 under this section shall be paid to the State. 

33 (g) AMOUNT OF PENALTY.— 

34 (1) AMOUNT.— 

35 (A) IN GENERAL.—The amount of the penalty that shall be as36 sessed and collected with respect to any source under this section 

37 shall be equal to— 

38 (i) the amount determined in accordance with regulations 

39 promulgated by the Administrator under subsection (b), 

40 which is not less than the economic value that a delay in com41 pliance may have for the owner of the source, including— 


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1 (I) the quarterly equivalent of the capital costs of com2 pliance and debt service over a normal amortization pe3 riod, not to exceed 10 years; 

4 (II) operation and maintenance costs forgone as a re5 sult of noncompliance; and 

6 (III) any additional economic value that such a delay 

7 may have for the owner or operator of the source; minus 

8 (ii) the amount of any expenditure made by the owner or 

9 operator of the source during any such quarter for the pur10 pose of bringing the source into, and maintaining compliance 

11 with, the requirement, to the extent that the expenditure is 

12 not taken into account in the calculation of the penalty under 

13 clause (i). 

14 (B) SUBTRACTION OF EXPENDITURE.—To the extent that any 

15 expenditure under subparagraph (A)(ii) made during any quarter 

16 is not subtracted for that quarter from the costs under subpara17 graph (A)(i), the expenditure may be subtracted for any subse18 quent quarter from those costs. 

19 (C) MINIMUM AMOUNT.—In no event shall the amount paid be 

20 less than the quarterly payment minus the amount attributed to 

21 actual cost of construction. 

22 (2) PAYMENT IN INSTALLMENTS.— 

23 (A) DEFINITION OF PERIOD OF COVERED NONCOMPLIANCE.— 

24 In this paragraph, the term ‘‘period of covered noncompliance’’ 

25 means the period that begins on the date of issuance of a notice 

26 of noncompliance under subsection (c)(3) and ending on the date 

27 on which the source comes into (or for the purpose of establishing 

28 the schedule of payments, is estimated to come into) compliance 

29 with the requirement. 

30 (B) IN GENERAL.—The assessed penalty required under this 

31 section shall be paid in quarterly installments for the period of 

32 covered noncompliance. All quarterly payments (determined with33 out regard to any adjustment or any subtraction under paragraph 

34 (1)(A)(ii)) after the 1st payment shall be equal. 

35 (C) 1ST PAYMENT.—The 1st payment shall be due on the date 

36 that is 6 months after the date of issuance of the notice of non37 compliance under subsection (b)(3) with respect to any source. 

38 The 1st payment shall be in the amount of the quarterly install39 ment for the upcoming quarter, plus the amount owed for any pre40 ceding period within the period of covered noncompliance for the 

41 source. 


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1 (3) REVIEW OF ACTUAL EXPENDITURES.—On making a determina2 tion that a source with respect to which a penalty has been paid under 

3 this section is in compliance and is maintaining compliance with the 

4 applicable requirement, a State (or the Administrator as the case may 

5 be) shall— 

6 (A) review the actual expenditures made by the owner or oper7 ator of the source for the purpose of attaining and maintaining 

8 compliance; and 

9 (B) within 180 days after the source comes into compliance— 

10 (i) provide reimbursement with interest (to be paid by the 

11 State or Secretary of the Treasury, as the case may be) at 

12 appropriate prevailing rates (as determined by the Secretary 

13 of the Treasury) for any overpayment by the owner or oper14 ator; or 

15 (ii) assess and collect an additional payment with interest 

16 at appropriate prevailing rates (as determined by the Sec17 retary of the Treasury) for any underpayment by the owner 

18 or operator. 

19 (4) QUARTERLY NONPAYMENT PENALTY.—An owner or operator 

20 that fails to pay the amount of any penalty with respect to any source 

21 under this section on a timely basis shall be required to pay in addition 

22 a quarterly nonpayment penalty for each quarter during which the fail23 ure to pay persists. The nonpayment penalty shall be in an amount 

24 equal to 20 percent of the aggregate amount of the owner or operator’s 

25 penalties and nonpayment penalties with respect to the source that are 

26 unpaid as of the beginning of the quarter. 

27 (h) JUDICIAL REVIEW.—Any action pursuant to this section, including 

28 any objection of the Administrator under subsection (d)(3), shall be consid29 ered a final action for purposes of judicial review of any penalty under sec30 tion 211113 of this title. 

31 (i) OTHER ORDERS, PAYMENTS, SANCTIONS, OR REQUIREMENTS.—Any 

32 orders, payments, sanctions, or other requirements under this section shall 

33 be in addition to any other permits, orders, payments, sanctions, or other 

34 requirements established under this division and shall in no way affect any 

35 civil or criminal enforcement proceedings brought under any provision of 

36 this division or State or local law. 

37 (j) MORE STRINGENT EMISSION LIMITATIONS OR OTHER REQUIRE38 MENTS.—In the case of any emission limitation or other requirement ap39 proved or promulgated by the Administrator under this division after Au40 gust 7, 1977, that is more stringent than the emission limitation or require41 ment for the source in effect prior to such approval or promulgation, if any, 


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1 or where there was no emission limitation or requirement approved or pro2 mulgated before August 7, 1977, the date for imposition of the noncompli3 ance penalty under this section shall be the date on which the source is re4 quired to be in full compliance with the emission limitation or requirement, 

5 but in no event later than 3 years after the approval or promulgation of 

6 the emission limitation or requirement. 

7 (k) DETERMINATION OF NUMBER OF DAYS.—For purposes of deter8 mining the number of days of violation for which an assessment may be 

9 made under this section, where the Administrator or an air pollution control 

10 agency has notified the source of the violation, and the plaintiff makes a 

11 prima facie showing that the conduct or events giving rise to the violation 

12 are likely to have continued or recurred past the date of notice, the days 

13 of violation shall be presumed to include the date of the notice and each 

14 day thereafter until the violator establishes that continuous compliance has 

15 been achieved, except to the extent that the violator can prove by a prepon16 derance of the evidence that there were intervening days during which no 

17 violation occurred or that the violation was not continuing in nature. 

18 § 211120. Consultation 

19 (a) PROCESS.—In carrying out the requirements of this division requiring 

20 applicable implementation plans to contain— 

21 (1) any transportation controls, air quality maintenance plan re22 quirements, or preconstruction review of direct sources of air pollution; 

23 or 

24 (2) any measure described in chapter 213 or 215; 

25 a State shall provide a satisfactory process of consultation with general pur26 pose local governments, designated organizations of elected officials of local 

27 governments, and any Federal land manager having authority over Federal 

28 land to which the State plan applies, as part of the plan. 

29 (b) REGULATIONS.—The process provided under subsection (a) shall be 

30 in accordance with regulations promulgated by the Administrator to ensure 

31 adequate consultation. 

32 (c) JUDICIAL REVIEW.—Only a general purpose unit of local government, 

33 regional agency, or council of governments adversely affected by action of 

34 the Administrator approving any portion of a plan described in subsection 

35 (a) may petition for judicial review of an action described in subsection (a) 

36 on the basis of a violation of the requirements of this section. 

37 § 211121. Listing of certain unregulated pollutants 

38 (a) RADIOACTIVE POLLUTANTS, CADMIUM, ARSENIC, AND POLYCYCLIC

39 ORGANIC MATTER.— 

40 (1) REVIEW AND DETERMINATION.—After notice and opportunity for 

41 public hearing, the Administrator shall review all available relevant inVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 formation and determine whether emissions of radioactive pollutants 

2 (including source material, special nuclear material, and byproduct ma3 terial), cadmium, arsenic, and polycyclic organic matter into the ambi4 ent air will cause, or contribute to, air pollution that may reasonably 

5 be anticipated to endanger public health. 

6 (2) AFFIRMATIVE DETERMINATION.—If the Administrator makes an 

7 affirmative determination with respect to a substance described in 

8 paragraph (1), the Administrator, simultaneously with the determina9 tion, shall— 

10 (A) include the substance in the list published under section 

11 211108(a)(1) or 211112(b)(1) of this title (in the case of a sub12 stance that, in the judgment of the Administrator, causes, or con13 tributes to, air pollution that may reasonably be anticipated to re14 sult in an increase in mortality or an increase in serious irrevers15 ible, or incapacitating reversible, illness); 

16 (B) include each category of stationary sources emitting the 

17 substance in significant amounts in the list published under sec18 tion 211111(b)(1) of this title, or take any combination of such 

19 actions; or 

20 (C) take both such actions. 

21 (b) REVISION AUTHORITY.—Nothing in subsection (a) shall be construed 

22 to affect the authority of the Administrator to revise any list described in 

23 subsection (a) with respect to any substance (whether or not enumerated 

24 in subsection (a)). 

25 (c) SOURCE MATERIAL, SPECIAL NUCLEAR MATERIAL, AND BYPRODUCT

26 MATERIAL.— 

27 (1) CONSULTATION.—Before listing any source material, special nu28 clear material, or byproduct material (or component or derivative there29 of) as provided in subsection (a), the Administrator shall consult with 

30 the Nuclear Regulatory Commission. 

31 (2) INTERAGENCY AGREEMENT.—Not later than 6 months after list32 ing any source material, special nuclear material, or byproduct material 

33 (or component or derivative thereof), the Administrator and the Nu34 clear Regulatory Commission shall enter into an interagency agreement 

35 with respect to sources and facilities that are under the jurisdiction of 

36 the Nuclear Regulatory Commission. The agreement shall, to the max37 imum extent practicable consistent with this division, minimize duplica38 tion of effort and conserve administrative resources in the establish39 ment, implementation, and enforcement of emission limitations, stand40 ards of performance, and other requirements and authorities (sub41 stantive and procedural) under this division respecting the emission of 


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1 source material, special nuclear material, or byproduct material (and 

2 components and derivatives thereof) from those sources or facilities. 

3 (3) PUBLIC HEALTH AND SAFETY.—In case of any standard or emis4 sion limitation promulgated by the Administrator, under this division 

5 or by any State (or the Administrator) under any applicable implemen6 tation plan under this division, if the Nuclear Regulatory Commission 

7 determines, after notice and opportunity for public hearing that the ap8 plication of the standard or limitation to a source or facility under the 

9 jurisdiction of the Nuclear Regulatory Commission would endanger 

10 public health or safety, the standard or limitation shall not apply to 

11 those facilities or sources unless the President determines otherwise 

12 within 90 days after the date of the determination. 

13 § 211122. Stack heights 

14 (a) DEFINITIONS.—In this section: 

15 (1) DISPERSION TECHNIQUE.—The term ‘‘dispersion technique’’ in16 cludes any intermittent or supplemental control of an air pollutant 

17 varying with atmospheric conditions. 

18 (2) GOOD ENGINEERING PRACTICE.— 

19 (A) IN GENERAL.—The term ‘‘good engineering practice’’, with 

20 respect to the height of a stack at a source, means the height nec21 essary to ensure that emissions from the stack do not result in ex22 cessive concentrations of any air pollutant in the immediate vicin23 ity of the source as a result of atmospheric downwash, eddies, and 

24 wakes that may be created by the source itself, nearby structures, 

25 or nearby terrain obstacles (as determined by the Administrator). 

26 (B) LIMITATION.—For purposes of subparagraph (A), stack 

27 height consistent with good engineering practice shall not exceed 

21 28 ⁄2 times the height of a source unless the owner or operator of 

29 the source demonstrates, after notice and opportunity for public 

30 hearing, to the satisfaction of the Administrator, that a greater 

31 height is necessary as provided under subparagraph (A). 

32 (b) HEIGHTS IN EXCESS OF GOOD ENGINEERING PRACTICE; OTHER DIS33 PERSION TECHNIQUES.— 

34 (1) IN GENERAL.—The degree of emission limitation required for 

35 control of any air pollutant under an applicable implementation plan 

36 under this subdivision shall not be affected in any manner by— 

37 (A) so much of the stack height of any source as exceeds good 

38 engineering practice (as determined under regulations promulgated 

39 by the Administrator); or 

40 (B) any other dispersion technique. 


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1 (2) APPLICABILITY.—Paragraph (1) shall not apply with respect to 

2 stack heights in existence before December 31, 1970, or dispersion 

3 techniques implemented before that date. 

4 (3) EMISSION LIMITATION FOR CERTAIN COAL-FIRED STEAM ELEC5 TRIC GENERATING UNITS.—In establishing an emission limitation for 

6 coal-fired steam electric generating units are subject to section 211118 

7 of this title and that commenced operation before July 1, 1957, the ef8 fect of the entire stack height of stacks for which a construction con9 tract was awarded before February 8, 1974, may be taken into ac10 count. 

11 (c) LIMITATION.—In no event may the Administrator prohibit any in12 crease in any stack height or restrict in any manner the stack height of any 

13 source. 

14 (d) REGULATIONS.—After notice and opportunity for public hearing, the 

15 Administrator shall promulgate regulations to carry out this section. 

16 § 211123. Assurance of adequacy of State plans 

17 (a) STATE REVIEW OF IMPLEMENTATION PLANS THAT RELATE TO

18 MAJOR FUEL BURNING SOURCES.—Each State shall review the provisions 

19 of its implementation plan that relate to major fuel burning sources and 

20 shall determine— 

21 (1) the extent to which compliance with requirements of the imple22 mentation plan is dependent on the use by major fuel burning sta23 tionary sources of petroleum products or natural gas; 

24 (2) the extent to which the implementation plan may reasonably be 

25 anticipated to be inadequate to meet the requirements of this division 

26 in the State on a reliable and long-term basis by reason of its depend27 ence on the use of petroleum products or natural gas; and 

28 (3) the extent to which compliance with the requirements of the im29 plementation plan is dependent on use of coal or coal derivatives that 

30 is not locally or regionally available. 

31 (b) SUBMISSION TO ADMINISTRATOR.—Each State shall submit the re32 sults of its review and its determination under subsection (a) to the Admin33 istrator promptly on completion of the review. 

34 (c) PLAN REVISION.— 

35 (1) REVISION.—The Administrator shall review the submissions of 

36 the States under subsection (b) and shall require a State to revise its 

37 implementation plan if, in the judgment of the Administrator, revision 

38 is necessary to ensure that the implementation plan will be adequate 

39 to ensure compliance with the requirements of this division in the State 

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1 tential prohibitions on use of petroleum products or natural gas, or 

2 both, under any other authority of law. 

3 (2) CONSIDERATIONS; CONSULTATION.—Before requiring an imple4 mentation plan revision under this subsection with respect to any 

5 State, the Administrator shall— 

6 (A) take into account the report of the review conducted by the 

7 State under paragraph (1); and 

8 (B) consult with the Governor of the State respecting the re9 quired revision. 

10 § 211124. Measures to prevent economic disruption or unem11 ployment 

12 (a) DEFINITION OF LOCALLY OR REGIONALLY AVAILABLE COAL OR

13 COAL DERIVATIVES.—In this section, the term ‘‘locally or regionally avail14 able coal or coal derivative’’ means coal or a coal derivative that is, or in 

15 the judgment of a State or the Administrator can feasibly be, mined or pro16 duced in the local or regional area (as determined by the Administrator) in 

17 which a major fuel burning stationary source is located. 

18 (b) DETERMINATION THAT ACTION IS NECESSARY.—After notice and op19 portunity for a public hearing, the Governor of any State in which a major 

20 fuel burning stationary source described in this subsection (or class or cat21 egory thereof) is located, the Administrator or the President (or a designee 

22 of the President) may determine that action under subsection (c) is nec23 essary to prevent or minimize significant local or regional economic disrup24 tion or unemployment that would otherwise result from use by the source 

25 (or class or category) of— 

26 (1) coal or coal derivatives other than locally or regionally available 

27 coal; 

28 (2) petroleum products; 

29 (3) natural gas; or 

30 (4) any combination of fuels described in paragraphs (1) through 

31 (3); 

32 to comply with the requirements of a State implementation plan. 

33 (c) USE OF LOCALLY OR REGIONALLY AVAILABLE COAL OR COAL DE34 RIVATIVES TO COMPLY WITH IMPLEMENTATION PLAN REQUIREMENTS.— 

35 (1) IN GENERAL.—On a determination under subsection (b)— 

36 (A) the Governor, with the written consent of the President or 

37 a designee of the President; 

38 (B) a designee of the President, with the written consent of the 

39 Governor; or 

40 (C) the President; 


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1 may by regulation or order prohibit any such major fuel burning sta2 tionary source (or class or category thereof) from using fuels other 

3 than locally or regionally available coal or coal derivatives to comply 

4 with implementation plan requirements. 

5 (2) CONSIDERATION OF FINAL COST.—In taking any action under 

6 this subsection, the Governor, the President, or the President’s des7 ignee, as the case may be, shall take into account the final cost to the 

8 consumer of such an action. 

9 (d) CONTRACTS; SCHEDULES.— 

10 (1) IN GENERAL.—The Governor, in the case of an action under sub11 section (c)(1)(A), or the Administrator, in the case of an action under 

12 subparagraph (B) or (C) of subsection (c)(1), shall, by regulation or 

13 order, require each source to which the action applies to— 

14 (A) enter into long-term contracts of at least 10 years in dura15 tion (except as the President or the President’s designee may oth16 erwise permit or require by regulation or order for good cause) for 

17 supplies of regionally available coal or coal derivatives; 

18 (B) enter into contracts to acquire any additional means of 

19 emission limitation that the Administrator or the State determines 

20 may be necessary to comply with the requirements of this division 

21 while using such coal or coal derivatives as fuel; and 

22 (C) comply with such schedules (including increments of 

23 progress), timetables, and other requirements as may be necessary 

24 to ensure compliance with the requirements of this division. 

25 (2) TIMING.—Requirements under this subsection shall be estab26 lished simultaneously with, and as a condition of, any action under sub27 section (c). 

28 (e) EXISTING OR NEW MAJOR FUEL BURNING STATIONARY SOURCES.— 

29 This section applies only to existing or new major fuel burning stationary 

30 sources that— 

31 (1) have the design capacity to produce 250,000,000 British thermal 

32 units per hour (or the equivalent), as determined by the Administrator; 

33 and 

34 (2) are not in compliance with the requirements of an applicable im35 plementation plan or are prohibited from burning oil or natural gas, 

36 or both, under any other authority of law. 

37 (f) ACTIONS NOT TO BE DEEMED MODIFICATIONS OF MAJOR FUEL

38 BURNING STATIONARY SOURCES.—Except as may otherwise be provided by 

39 regulation by a State or the Administrator for good cause, any action re40 quired to be taken by a major fuel burning stationary source under this secVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 tion shall not be deemed to constitute a modification for purposes of para2 graphs (2) and (3) of section 211111(a) of this title. 

3 (g) TREATMENT OF PROHIBITIONS, REGULATIONS, OR ORDERS AS RE4 QUIREMENTS OR PARTS OF PLANS UNDER OTHER PROVISIONS.—For pur5 poses of sections 211113 and 211119 of this title, a prohibition under sub6 section (c), and a corresponding regulation or order under subsection (d), 

7 shall be treated as a requirement of section 211113 of this title. For pur8 poses of any plan (or portion thereof) promulgated under section 211110(c) 

9 of this title, any regulation or order under subsection (d) corresponding to 

10 a prohibition under subsection (c) shall be treated as a part of the plan. 

11 For purposes of section 211113 of this title, a prohibition under subsection 

12 (c), applicable to any source, and a corresponding regulation or order under 

13 subsection (d), shall be treated as part of the applicable implementation 

14 plan for the State in which the subject source is located. 

15 (h) DELEGATION OF PRESIDENTIAL AUTHORITY.—The President may 

16 delegate the President’s authority under this section to an officer or em17 ployee of the United States designated by the President on a case-by-case 

18 basis or in any other manner that the President considers suitable. 

19 § 211125. Interstate pollution abatement 

20 (a) WRITTEN NOTICE TO ALL NEARBY STATES.—Each applicable imple21 mentation plan shall require each major proposed new (or modified) 

22 source— 

23 (1) that is subject to chapter 213; or 

24 (2) that may significantly contribute to levels of air pollution in ex25 cess of the NAAQSes in any air quality control region outside the State 

26 in which the source intends to locate (or make the modification); 

27 to provide written notice to all nearby States the air pollution levels of 

28 which may be affected by the source at least 60 days prior to the date on 

29 which commencement of construction is to be permitted by the State pro30 viding notice. 

31 (b) PETITION FOR FINDING THAT MAJOR SOURCES EMIT OR WOULD

32 EMIT PROHIBITED AIR POLLUTANTS.—Any State or political subdivision 

33 may petition the Administrator for a finding that any major source or group 

34 of stationary sources emits or would emit any air pollutant in violation of 

35 section 211110(a)(3)(D)(ii) of this title or this section. Within 60 days after 

36 receipt of any petition under this subsection and after public hearing, the 

37 Administrator shall make such a finding or deny the petition. 

38 (c) VIOLATIONS.— 

39 (1) IN GENERAL.—Notwithstanding any permit granted by a State 

40 in which a source is located (or intends to locate), it shall be a violation 

41 of this section and the applicable implementation plan in that State— 


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1 (A) for any major proposed new (or modified) source with re2 spect to which a finding has been made under subsection (b) to 

3 be constructed or to operate in violation of section 

4 211110(a)(3)(D)(ii) of this title or this section; or 

5 (B) for any major existing source to operate more than 3 

6 months after such a finding has been made with respect to it. 

7 (2) CONTINUED OPERATION.—The Administrator may permit the 

8 continued operation of a source described in paragraph (1)(B) beyond 

9 the expiration of the 3-month period if the source complies with such 

10 emission limitations and compliance schedules (containing increments 

11 of progress) as the Administrator may provide to bring about compli12 ance with the requirements contained in section 211110(a)(3)(D)(ii) of 

13 this title or this section as expeditiously as practicable, but in no case 

14 later than 3 years after the date of the finding. 

15 § 211126. Public notification 

16 (a) IN GENERAL.—A State implementation plan shall contain measures 

17 that will be effective to notify the public during any calendar year on a reg18 ular basis of instances or areas in which any primary NAAQS is exceeded 

19 or was exceeded during any portion of the preceding calendar year to— 

20 (1) advise the public of the health hazards associated with such pol21 lution; and 

22 (2) enhance public awareness of— 

23 (A) the measures that can be taken to prevent those standards 

24 from being exceeded; and 

25 (B) the ways in which the public can participate in regulatory 

26 efforts and other efforts to improve air quality. 

27 (b) MEASURES.—Measures under subsection (a) may include— 

28 (1) the posting of warning signs on interstate highway access points 

29 to metropolitan areas; or 

30 (2) television, radio, or press notices or information. 

31 (c) GRANTS.—The Administrator may make grants to States to assist in 

32 carrying out this section. 

33 § 211127. State boards 

34 (a) IN GENERAL.—An applicable implementation plan shall contain re35 quirements that— 

36 (1) any board or body that approves permits or enforcement orders 

37 under this division have at least a majority of members who represent 

38 the public interest and do not derive any significant portion of their 

39 income from persons subject to permits or enforcement orders under 

40 this division; and 


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1 (2) any potential conflicts of interest by members of such a board 

2 or body or the head of an executive agency with similar powers be ade3 quately disclosed. 

4 (b) REQUIREMENTS RESPECTING CONFLICTS OF INTEREST.—A State 

5 may adopt any requirements respecting conflicts of interest for boards or 

6 bodies or heads of executive agencies described in subsection (a), or any 

7 other entities, that are more stringent than the requirements of paragraphs 

8 (1) and (2) of subsection (a), and the Administrator shall approve any such 

9 more stringent requirements submitted as part of an implementation plan. 

10 § 211128. Solid waste combustion 

11 (a) DEFINITIONS.—In this section: 

12 (1) EXISTING SOLID WASTE INCINERATION UNIT.—The term ‘‘exist13 ing solid waste incineration unit’’ means a solid waste unit that is not 

14 a new solid waste incineration unit or modified solid waste incineration 

15 unit. 

16 (2) EXISTING UNIT.—The term ‘‘existing unit’’ means an existing 

17 solid waste incineration unit. 

18 (3) MEDICAL WASTE.—The term ‘‘medical waste’’ has the meaning 

19 established by the Administrator pursuant to the Solid Waste Disposal 

20 Act (42 U.S.C. 6901 et seq.). 

21 (4) MODIFIED SOLID WASTE INCINERATION UNIT.—The term ‘‘modi22 fied solid waste incineration unit’’ means a solid waste incineration unit 

23 at which modifications have occurred after the effective date of a stand24 ard under subsection (b) if— 

25 (A) the cumulative cost of the modifications, over the life of the 

26 unit, exceed 50 percent of the original cost of construction and in27 stallation of the unit (not including the cost of any land purchased 

28 in connection with the construction or installation) updated to cur29 rent costs; or 

30 (B) the modification is a physical change in or change in the 

31 method of operation of the unit that increases the amount of any 

32 air pollutant emitted by the unit for which standards have been 

33 established under this section or section 211111 of this title. 

34 (5) MUNICIPAL WASTE.— 

35 (A) IN GENERAL.—The term ‘‘municipal waste’’ means refuse 

36 (and refuse-derived fuel) collected from the general public and 

37 from residential, commercial, institutional, and industrial sources 

38 consisting of paper, wood, yard waste, food waste, plastic, leather, 

39 rubber, and other combustible material and noncombustible mate40 rial such as metal, glass, and rock. 


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1 (B) EXCLUSIONS.—The term ‘‘municipal waste’’ does not in2 clude industrial process waste or medical waste that is segregated 

3 from other waste described in subparagraph (A). 

4 (C) INCINERATION UNITS.—An incineration unit shall not be 

5 considered to be combusting municipal waste for purposes of this 

6 section if the incineration unit combusts a fuel feed stream 30 per7 cent or less of the weight of which is comprised, in aggregate, of 

8 municipal waste. 

9 (6) NEW SOLID WASTE INCINERATION UNIT.—The term ‘‘new solid 

10 waste incineration unit’’, with respect to any requirement that the Ad11 ministrator proposes under this section establishing an emission stand12 ard or other requirement that would be applicable to the unit or a 

13 modified solid waste incineration unit, means a solid waste incineration 

14 unit the construction of which is commenced after the date on which 

15 the Administrator proposes the requirement. 

16 (7) NEW UNIT.—The term ‘‘new unit’’ means a new solid waste in17 cineration unit. 

18 (8) SOLID WASTE.—The term ‘‘solid waste’’ has the meaning estab19 lished by the Administrator pursuant to the Solid Waste Disposal Act 

20 (42 U.S.C. 6901 et seq.). 

21 (9) SOLID WASTE INCINERATION UNIT.— 

22 (A) IN GENERAL.—The term ‘‘solid waste incineration unit’’ 

23 means a distinct operating unit of any facility that combusts any 

24 solid waste material from commercial or industrial establishments 

25 or the general public (including single and multiple residences, ho26 tels, and motels). 

27 (B) EXCLUSIONS.—The term ‘‘solid waste incineration unit’’ 

28 does not include— 

29 (i) an incinerator or other unit required to have a permit 

30 under section 3005 of the Solid Waste Disposal Act (42 

31 U.S.C. 6925); 

32 (ii) a materials recovery facility (including a primary or 

33 secondary smelter) that combusts waste for the primary pur34 pose of recovering metal; 

35 (iii) a qualifying small power production facility (as defined 

36 in section 3(17)(C) of the Federal Power Act (16 U.S.C. 

37 796(17)(C)) or qualifying cogeneration facility (as defined in 

38 section 3(18)(B) of the Federal Power Act (16 U.S.C. 

39 796(18)(B)) that burns homogeneous waste (such as a unit 

40 that burns tires or used oil, but not including refuse-derived 

41 fuel) for the production of electric energy or in the case of 


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1 a qualifying cogeneration facility that burns homogeneous 

2 waste for the production of electric energy and steam or 

3 forms of useful energy (such as heat) that are used for indus4 trial, commercial, heating or cooling purposes; or 

5 (iv) an air curtain incinerator, if the air curtain incinerator 

6 burns only wood waste, yard waste, and clean lumber and 

7 complies with opacity limitations established by the Adminis8 trator by regulation. 

9 (10) UNIT.—The term ‘‘unit’’ means a solid waste incineration unit. 

10 (b) NEW SOURCE PERFORMANCE STANDARDS.— 

11 (1) IN GENERAL.—The Administrator shall establish performance 

12 standards and other requirements pursuant to this section and section 

13 211111 of this title for each category of solid waste incineration units. 

14 The standards shall include emission limitations and other require15 ments applicable to new units and guidelines (under section 211111(d) 

16 of this title and this section) and other requirements applicable to ex17 isting units. 

18 (2) EMISSION STANDARD.— 

19 (A) MAXIMUM DEGREE OF REDUCTION IN EMISSIONS.—Stand20 ards applicable to solid waste incineration units promulgated 

21 under this section and section 211111 of this title shall reflect the 

22 maximum degree of reduction in emissions of air pollutants listed 

23 under paragraph (4) that the Administrator, taking into consider24 ation the cost of achieving such emission reduction, and any non25 air-quality health and environmental impacts and energy require26 ments, determines is achievable for new units or existing units in 

27 each category. 

28 (B) CLASSES, TYPES, AND SIZES OF UNITS.—The Administrator 

29 may distinguish among classes, types (including mass-burn, 

30 refuse-derived fuel, modular, and other types of units), and sizes 

31 of units within a category in establishing the standards. 

32 (C) STRINGENCY.—The degree of reduction in emissions that is 

33 considered achievable for new units in a category shall not be less 

34 stringent than the emission control that is achieved in practice by 

35 the best controlled similar unit, as determined by the Adminis36 trator. Emission standards for existing units in a category may be 

37 less stringent than standards for new units in the same category 

38 but shall not be less stringent than the average emission limitation 

39 achieved by the best performing 12 percent of units in the cat40 egory (excluding units that first met lowest achievable emission 

41 rates 18 months before the date on which the emission standards 


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1 are proposed or 30 months before the date on which the emission 

2 standards are promulgated, whichever is later). 

3 (3) CONTROL METHODS AND TECHNOLOGIES.—Standards under this 

4 section and section 211111 of this title applicable to solid waste incin5 eration units shall— 

6 (A) be based on methods and technologies for removal or de7 struction of pollutants before, during, or after combustion; and 

8 (B) incorporate for new units siting requirements that minimize, 

9 on a site-specific basis, to the maximum extent practicable, poten10 tial risks to public health or the environment. 

11 (4) NUMERICAL EMISSION LIMITATIONS.— 

12 (A) IN GENERAL.—The performance standards promulgated 

13 under this section and section 211111 of this title and applicable 

14 to solid waste incineration units shall specify numerical emission 

15 limitations for the following: 

16 (i) particulate matter (total and fine); 

17 (ii) opacity (as appropriate); 

18 (iii) sulfur dioxide; 

19 (iv) hydrogen chloride; 

20 (v) nitrogen oxides; 

21 (vi) carbon monoxide; 

22 (vii) lead; 

23 (viii) cadmium; 

24 (ix) mercury; and 

25 (x) dioxins and dibenzofurans. 

26 (B) SURROGATE SUBSTANCES.—The Administrator may pro27 mulgate numerical emission limitations or provide for the moni28 toring of postcombustion concentrations of surrogate substances, 

29 parameters, or periods of residence time in excess of stated tem30 peratures with respect to pollutants other than those listed in this 

31 paragraph. 

32 (5) REVIEW AND REVISION.—Not later than 5 years after the initial 

33 promulgation of any performance standards and other requirements 

34 under this section and section 211111 of this title applicable to a cat35 egory of units, and at 5 year intervals thereafter, the Administrator 

36 shall review, and in accordance with this section and section 211111 

37 of this title, revise the standards and requirements. 

38 (c) EXISTING UNITS.— 

39 (1) GUIDELINES.—Performance standards under this section and 

40 section 211111 of this title for units shall include guidelines promul41 gated pursuant to this section and section 211111(d) of this title appliVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 cable to existing units. The guidelines shall include, as provided in this 

2 section, each of the elements required by subsections (b) (notwith3 standing any restriction in section 211111(d) of this title regarding 

4 issuance of such limitations), (d), (e), (f), and (h)(3). 

5 (2) STATE PLANS.—Not later than 1 year after the Administrator 

6 promulgates guidelines for a category of units, a State in which units 

7 in the category are operating shall submit to the Administrator a plan 

8 to implement and enforce the guidelines with respect to that category 

9 of units. The State plan shall be at least as protective as the guidelines 

10 promulgated by the Administrator and shall provide that each unit sub11 ject to the guidelines shall be in compliance with all requirements of 

12 this section not later than 3 years after the State plan is approved by 

13 the Administrator but not later than 5 years after the guidelines are 

14 promulgated. The Administrator shall approve or disapprove any State 

15 plan within 180 days of the submission, and if a plan is disapproved, 

16 the Administrator shall state the reasons for disapproval in writing. A 

17 State may modify and resubmit a plan that has been disapproved by 

18 the Administrator. 

19 (3) FEDERAL PLAN.—The Administrator shall develop, implement, 

20 and enforce a plan for existing units within any category located in any 

21 State that has not submitted an approvable plan under this subsection 

22 with respect to units in that category within 2 years after the date on 

23 which the Administrator promulgated the relevant guidelines. The plan 

24 shall ensure that each unit subject to the plan is in compliance with 

25 all provisions of the guidelines not later than 5 years after the date 

26 on which the relevant guidelines are promulgated. 

27 (d) MONITORING.— 

28 (1) IN GENERAL.—The Administrator shall, as part of each perform29 ance standard promulgated pursuant to subsection (b) and section 

30 211111 of this title, promulgate regulations requiring the owner or op31 erator of each solid waste incineration unit— 

32 (A) to monitor emissions from the unit at the point at which 

33 the emissions are emitted into the ambient air (or within the 

34 stack, combustion chamber, or pollution control equipment, as ap35 propriate) and at such other points as are necessary to protect 

36 public health and the environment; 

37 (B) to monitor such other parameters relating to the operation 

38 of the unit and its pollution control technology as the Adminis39 trator determines are appropriate; and 

40 (C) to report the results of the monitoring. 

41 (2) CONTENTS.—The regulations shall— 


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1 (A) contain provisions regarding the frequency of monitoring, 

2 test methods, and procedures validated on solid waste incineration 

3 units, and the form and frequency of reports containing the results 

4 of monitoring; 

5 (B) require that any monitoring reports or test results indi6 cating an exceedance of any standard under this section be re7 ported separately and in a manner that facilitates review for pur8 poses of enforcement actions; and 

9 (C) require that copies of the results of the monitoring be main10 tained on file at the facility concerned and that copies be made 

11 available for inspection and copying by members of the public dur12 ing business hours. 

13 (e) OPERATOR TRAINING.—The Administrator shall develop and promote 

14 a model State program for the training and certification of unit operators 

15 and high-capacity fossil fuel-fired plant operators. The Administrator may 

16 authorize any State to implement a model program for the training of unit 

17 operators and high-capacity fossil fuel-fired plant operators if the State 

18 adopts a program that is at least as effective as the model program devel19 oped by the Administrator. Beginning on the date 36 months after the date 

20 on which performance standards and guidelines are promulgated under sub21 section (b) and section 211111 of this title for any category of units, it shall 

22 be unlawful to operate any unit in the category unless each person with con23 trol over processes affecting emissions from the unit has satisfactorily com24 pleted a training program meeting the requirements established by the Ad25 ministrator under this subsection. 

26 (f) PERMITS.— 

27 (1) IN GENERAL.—Beginning on the later of— 

28 (A) the date that is 36 months after the promulgation of a per29 formance standard under subsection (b) and section 211111 of 

30 this title applicable to a category of units; or 

31 (B) the effective date of a permit program under subdivision 6 

32 in the State in which the unit is located; 

33 each unit in the category shall operate pursuant to a permit issued 

34 under this subsection and subdivision 6. 

35 (2) RENEWAL.—A permit required by this subsection may be re36 newed under subdivision 6. 

37 (3) DURATION.—Notwithstanding any other provision of this divi38 sion, a permit for a unit combusting municipal waste issued under this 

39 division shall be issued for a period of up to 12 years and shall be re40 viewed every 5 years after date of issuance or reissuance. A permit 

41 shall continue in effect after the date of issuance until the date of terVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 mination, unless the Administrator or State determines that the unit 

2 is not in compliance with all standards and conditions contained in the 

3 permit. Such a determination shall be made at regular intervals of not 

4 more than 5 years during the term of the permit, after public comment 

5 and public hearing. 

6 (4) LIMITATION.—No permit for a unit may be issued under this di7 vision by an agency, instrumentality, or person that is also responsible, 

8 in whole or part, for the design and construction or operation of the 

9 unit. 

10 (5) COMPLIANCE WITH EMISSION LIMITATIONS OR IMPLEMENTATION

11 OF OTHER MEASURES.— 

12 (A) IN GENERAL.—Notwithstanding any other provision of this 

13 subsection, the Administrator or the State shall require the owner 

14 or operator of any unit to comply with emission limitations or im15 plement any other measures, if the Administrator or the State de16 termines that emissions in the absence of such limitations or 

17 measures may reasonably be anticipated to endanger public health 

18 or the environment. 

19 (B) DISCRETIONARY DECISION.—The Administrator’s deter20 mination under subparagraph (A) is a discretionary decision. 

21 (g) EFFECTIVE DATE AND ENFORCEMENT.— 

22 (1) NEW UNITS.—Performance standards and other requirements 

23 promulgated pursuant to this section and section 211111 of this title 

24 and applicable to new solid waste incineration units shall be effective 

25 as of the date that is 6 months after the date of promulgation. 

26 (2) EXISTING UNITS.—Performance standards and other require27 ments promulgated pursuant to this section and section 211111 of this 

28 title and applicable to existing units shall be effective as expeditiously 

29 as practicable after approval of a State plan under subsection (c)(2) 

30 (or promulgation of a plan by the Administrator under subsection 

31 (c)(3)) but in no event later than 3 years after the State plan is ap32 proved or 5 years after the date on which the standards or require33 ments are promulgated, whichever is earlier. 

34 (3) PROHIBITION.—It shall be unlawful for any owner or operator 

35 of any solid waste incineration unit to which a performance standard, 

36 emission limitation, or other requirement promulgated pursuant to this 

37 section and section 211111 of this title applies to operate the unit in 

38 violation of the performance standard, emission limitation, or require39 ment or for any other person to violate an applicable requirement of 

40 this section. 


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1 (4) COORDINATION WITH OTHER AUTHORITIES.—For purposes of 

2 sections 203102, 203103, 203104, 211111(j), 211113, 211114, 

3 211116, and 211119 of this title and other provisions for the enforce4 ment of this division, each performance standard, emission limitation, 

5 or other requirement established pursuant to this section by the Ad6 ministrator or a State or local government shall be treated in the same 

7 manner as a standard of performance under section 211111 of this 

8 title that is an emission limitation. 

9 (h) OTHER AUTHORITY.— 

10 (1) STATE AUTHORITY.—Nothing in this section shall preclude or 

11 deny the right of any State or political subdivision thereof to adopt or 

12 enforce any regulation, requirement, limitation, or standard relating to 

13 solid waste incineration units that is more stringent than a regulation, 

14 requirement, limitation, or standard in effect under this section or 

15 under any other provision of this division. 

16 (2) OTHER AUTHORITY UNDER THIS DIVISION.—Nothing in this sec17 tion shall diminish the authority of the Administrator or a State to es18 tablish any other requirements applicable to solid waste incineration 

19 units under any other authority of law, including the authority to es20 tablish for any air pollutant a NAAQS, except that no solid waste in21 cineration unit subject to performance standards under this section and 

22 section 211111 of this title shall be subject to standards under section 

23 211112(d) of this title. 

24 (3) RESIDUAL RISK.— 

25 (A) IN GENERAL.—The Administrator shall promulgate stand26 ards under section 211112(f) of this title for a category of solid 

27 waste incineration units, if promulgation of such standards is re28 quired under section 211112(f) of this title. 

29 (B) STANDARDS.—For purposes of subparagraph (A) only— 

30 (i) the performance standards under subsection (b) and 

31 section 211111 of this title applicable to a category of units 

32 shall be deemed to be standards under section 211112(d)(2) 

33 of this title; and 

34 (ii) the Administrator shall consider and regulate, if re35 quired, the pollutants listed under subsection (b)(4) and no 

36 others. 

37 (4) ACID RAIN.—A solid waste incineration unit shall not be a utility 

38 unit as defined in subdivision 5 if more than 80 percent of its annual 

39 average fuel consumption measured on a British thermal unit basis, 

40 during a period or periods to be determined by the Administrator, is 


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1 from a fuel (including any waste burned as a fuel) other than a fossil 

2 fuel. 

3 (5) REQUIREMENTS OF CHAPTERS 213 AND 215.—No requirement of 

4 an applicable implementation plan under section 213107 or 

5 215102(c)(5) of this title may be used to weaken the standards in ef6 fect under this section. 

7 § 211129. Emission factors 

8 (a) DEFINITION OF EMISSION FACTOR.—In this section, the term ‘‘emis9 sion factor’’ means a method by which to estimate the quantity of emissions 

10 of an air pollutant for purposes of this division. 

11 (b) REVIEW AND REVISION OF EMISSION FACTORS.—At least every 3 

12 years, the Administrator shall review and, if necessary, revise, the emission 

13 factors for carbon monoxide, volatile organic compounds, and nitrogen ox14 ides from sources of those air pollutants (including area sources and mobile 

15 sources). 

16 (c) ADDITIONAL EMISSION FACTORS.—The Administrator shall establish 

17 emission factors for sources for which no emission factors have previously 

18 been established by the Administrator. 

19 (d) EMISSIONS ESTIMATING TECHNIQUES.—The Administrator shall per20 mit any person to demonstrate improved emissions estimating techniques, 

21 and following approval of such techniques, the Administrator shall authorize 

22 the use of the techniques. Any such technique may be approved only after 

23 appropriate public participation. 

24 § 211130. Land use authority 

25 Nothing in this division— 

26 (1) constitutes an infringement on the authority of counties and cit27 ies to plan or control land use; or 

28 (2) provides or transfers authority over land use. 

29 Chapter 213—Prevention of Significant 

30 Deterioration of Air Quality 

Subchapter I—General Provisions 

Sec. 

213101. Purposes. 

213102. Definitions. 

213103. Plan requirements. 

213104. Initial classifications. 

213105. Increments and ceilings. 

213106. Area redesignation. 

213107. Preconstruction requirements. 

213108. Other pollutants. 

213109. Enforcement. 

Subchapter II—Visibility Protection 

213201. Visibility protection for mandatory class I Federal areas. 

213202. Visibility. 


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1 Subchapter I—General Provisions 

2 § 213101. Purposes 

3 The purposes of this chapter are— 

4 (1) to protect public health and welfare from any actual or potential 

5 adverse effect that in the Administrator’s judgment may reasonably be 

6 anticipated to occur from air pollution or from exposures to pollutants 

7 in other media, which pollutants originate as emissions to the ambient 

8 air, notwithstanding attainment and maintenance of all NAAQSes; 

9 (2) to preserve, protect, and enhance the air quality in national 

10 parks, national wilderness areas, national monuments, national sea11 shores, and other areas of special national or regional natural, rec12 reational, scenic, or historic value; 

13 (3) to ensure that economic growth will occur in a manner consistent 

14 with the preservation of existing clean air resources; 

15 (4) to ensure that emissions from any source in any State will not 

16 interfere with any portion of the applicable implementation plan to pre17 vent significant deterioration of air quality for any other State; and 

18 (5) to ensure that any decision to permit increased air pollution in 

19 any area to which this chapter applies is made only after careful eval20 uation of all the consequences of such a decision and after adequate 

21 procedural opportunities for informed public participation in the deci22 sionmaking process. 

23 § 213102. Definitions 

24 In this chapter: 

25 (1) BASELINE CONCENTRATION.— 

26 (A) IN GENERAL.—The term ‘‘baseline concentration’’ means, 

27 with respect to a pollutant, the ambient concentration levels that 

28 exist at the time of the 1st application for a permit in an area 

29 subject to this chapter, based on air quality data available in EPA 

30 or a State air pollution control agency and on such monitoring 

31 data as the permit applicant is required to submit. 

32 (B) PROJECTED EMISSIONS TAKEN INTO ACCOUNT.—Ambient 

33 concentration levels described in subparagraph (A) shall take into 

34 account all projected emissions in, or that may affect, the area 

35 from any major emitting facility on which construction commenced 

36 prior to January 6, 1975, but that had not begun operation by 

37 the date of the baseline air quality concentration determination. 

38 (C) SULFUR OXIDES; PARTICULATE MATTER.—Emissions of sul39 fur oxides and particulate matter from any major emitting facility 

40 on which construction commences after January 6, 1975, shall not 

41 be included in the baseline and shall be counted against the maxVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 imum allowable increases in pollutant concentrations established 

2 under this chapter. 

3 (2) BEST AVAILABLE CONTROL TECHNOLOGY.—The term ‘‘best 

4 available control technology’’ means an emission limitation that— 

5 (A) is based on the maximum degree of reduction of each pollut6 ant subject to regulation under this division emitted from or that 

7 results from any major emitting facility, which the permitting au8 thority, on a case-by-case basis, taking into account energy, envi9 ronmental, and economic impacts and other costs, determines is 

10 achievable for the major emitting facility through application of 

11 production processes and available methods, systems, and tech12 niques, including fuel cleaning, clean fuels, or treatment or innova13 tive fuel combustion techniques for control of each such pollutant; 

14 (B) does not result in emissions of any pollutants that will ex15 ceed the emissions allowed by any applicable standard established 

16 pursuant to section 211111 or 211112 of this title; and 

17 (C) does not allow emissions from any source utilizing clean 

18 fuels, or any other means, to comply with this paragraph to in19 crease above levels that would have been required under section 

20 169(3) of the Clean Air Act (42 U.S.C. 7479(3)) as in effect be21 fore November 15, 1990. 

22 (3) COMMENCE.—The term ‘‘commence’’, as applied to construction 

23 of a major emitting facility, means to— 

24 (A) obtain all necessary preconstruction approvals or permits re25 quired by Federal, State, or local air pollution emissions and air 

26 quality laws (including regulations); and 

27 (B)(i) begin, or cause to begin, a continuous program of phys28 ical on-site construction of the major emitting facility; or 

29 (ii) enter into a binding agreement or contractual obligation, 

30 which cannot be canceled or modified without substantial loss to 

31 the owner or operator, to undertake a program of construction of 

32 the major emitting facility to be completed within a reasonable 

33 time. 

34 (4) CONSTRUCTION.—The term ‘‘construction’’, when used in con35 nection with any source or facility, includes the modification (as de36 fined in section 211111(a) of this title) of the source or facility. 

37 (5) MAJOR EMITTING FACILITY.— 

38 (A) IN GENERAL.—The term ‘‘major emitting facility’’ means— 

39 (i) any of the stationary sources of air pollutants identified 

40 in subparagraph (B) that emit, or have the potential to emit, 


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1 100 tons per year or more of any air pollutant from the types 

2 of stationary sources identified in subparagraph (B); and 

3 (ii) any other source with the potential to emit 250 tons 

4 per year or more of any air pollutant. 

5 (B) IDENTIFIED STATIONARY SOURCES.—The stationary 

6 sources referred to in subparagraph (A)(i) are— 

7 (i) fossil fuel-fired steam electric plants of more than 

8 250,000,000 British thermal units per hour heat input; 

9 (ii) coal cleaning plants (thermal dryers); 

10 (iii) kraft pulp mills; 

11 (iv) Portland cement plants; 

12 (v) primary zinc smelters; 

13 (vi) iron and steel mill plants; 

14 (vii) primary aluminum ore reduction plants; 

15 (viii) primary copper smelters; 

16 (ix) municipal incinerators capable of charging more than 

17 50 tons of refuse per day; 

18 (x) hydrofluoric, sulfuric, and nitric acid plants; 

19 (xi) petroleum refineries; 

20 (xii) lime plants; 

21 (xiii) phosphate rock processing plants; 

22 (xiv) coke oven batteries; 

23 (xv) sulfur recovery plants; 

24 (xvi) carbon black plants (furnace process); 

25 (xvii) primary lead smelters; 

26 (xviii) fuel conversion plants; 

27 (xix) sintering plants; 

28 (xx) secondary metal production facilities; 

29 (xxi) chemical process plants; 

30 (xxii) fossil-fuel boilers of more than 250,000,000 British 

31 thermal units per hour heat input; 

32 (xxiii) petroleum storage and transfer facilities with a ca33 pacity exceeding 300,000 barrels; 

34 (xxiv) taconite ore processing facilities; 

35 (xxv) glass fiber processing plants; and 

36 (xxvi) charcoal production facilities. 

37 (C) EXCLUSIONS.—The term ‘‘major emitting facility’’ does not 

38 include a new or modified facility that is a nonprofit health or 

39 education institution that has been exempted by a State. 

40 (6) NECESSARY PRECONSTRUCTION APPROVALS OR PERMITS.—The 

41 term ‘‘necessary preconstruction approvals or permits’’ means the perVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 mits or approvals required by a permitting authority as a precondition 

2 to undertaking any activity described in paragraph (3)(B). 

3 § 213103. Plan requirements 

4 In accordance with the policy of section 211101(b)(1) of this title, each 

5 applicable implementation plan shall contain emission limitations and such 

6 other measures as may be necessary, as determined under regulations pro7 mulgated under this chapter, to prevent significant deterioration of air qual8 ity in each region (or portion thereof) designated pursuant to section 

9 211107 of this title as attainment or unclassifiable. 

10 § 213104. Initial classifications 

11 (a) AREAS DESIGNATED AS CLASS I.— 

12 (1) AREAS THAT MAY NOT BE REDESIGNATED.—All— 

13 (A) international parks; 

14 (B) national wilderness areas that exceed 5,000 acres; 

15 (C) national memorial parks that exceed 5,000 acres; and 

16 (D) national parks that exceed 6,000 acres; 

17 that were in existence on August 7, 1977, shall be class I areas and 

18 may not be redesignated. 

19 (2) AREAS THAT MAY BE REDESIGNATED.—All areas that were re20 designated as class I under regulations promulgated before August 7, 

21 1977, shall be class I areas that may be redesignated as provided in 

22 this chapter. 

23 (3) BOUNDARY CHANGES.—The extent of the areas designated as 

24 class I under this section shall conform to any changes in the bound25 aries of those areas that occur. 

26 (b) AREAS DESIGNATED AS CLASS II.—All areas in a State designated 

27 pursuant to section 211107(d) of this title as attainment or unclassifiable 

28 that are not established as class I under subsection (a) shall be class II 

29 areas unless redesignated under section 213106 of this title. 

30 § 213105. Increments and ceilings 

31 (a) PARTICULATE MATTER AND SULFUR OXIDE; REQUIREMENT THAT

32 MAXIMUM ALLOWABLE INCREASES AND MAXIMUM ALLOWABLE CON33 CENTRATIONS NOT BE EXCEEDED.—In the case of particulate matter and 

34 sulfur oxide, an applicable implementation plan shall contain measures en35 suring that maximum allowable increases over baseline concentrations of, 

36 and maximum allowable concentrations of, particulate matter and sulfur 

37 oxide shall not be exceeded. In the case of any maximum allowable increase 

38 (except an allowable increase specified under section 

39 213107(d)(2)(C)(iii)(II) of this title) for a pollutant based on concentrations 

40 permitted under NAAQSes for any period other than an annual period, regVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 ulations shall permit such maximum allowable increase to be exceeded dur2 ing 1 such period per year. 

3 (b) MAXIMUM ALLOWABLE INCREASES IN CONCENTRATIONS OVER BASE4 LINE CONCENTRATIONS.— 

5 (1) CLASS I AREAS.—For any class I area, the maximum allowable 

6 increase in concentrations of particulate matter and sulfur oxide over 

7 the baseline concentration of those pollutants shall not exceed the fol8 lowing amounts: 

Pollutant 

Maximum allowable increase 

(in micrograms 

per cubic meter) 

Particulate matter: 

Annual geometric mean ........................................................... 5 

Twenty-four-hour maximum .................................................... 10 

Sulfur dioxide: 

Annual arithmetic mean .......................................................... 2 

Twenty-four-hour maximum .................................................... 5 

Three-hour maximum .............................................................. 25 

9 (2) CLASS II AREAS.—For any class II area, the maximum allowable 

10 increase in concentrations of particulate matter and sulfur oxide over 

11 the baseline concentration of those pollutants shall not exceed the fol12 lowing amounts: 

Pollutant 

Maximum allowable increase 

(in micrograms 

per cubic meter) 

Particulate matter: 

Annual geometric mean ........................................................... 19 

Twenty-four-hour maximum .................................................... 37 

Sulfur dioxide:.

Annual arithmetic mean .......................................................... 20 

Twenty-four-hour maximum .................................................... 91 

Three-hour maximum .............................................................. 512 

13 (3) CLASS III AREAS.—For any class III area, the maximum allow14 able increase in concentrations of particulate matter and sulfur oxide 

15 over the baseline concentration of those pollutants shall not exceed the 

16 following amounts: 

Pollutant 

Maximum allowable increase 

(in micrograms 

per cubic meter) 

Particulate matter: 

Annual geometric mean ........................................................... 37 

Twenty-four-hour maximum .................................................... 75 

Sulfur dioxide:.

Annual arithmetic mean .......................................................... 40 

Twenty-four-hour maximum .................................................... 182 

Three-hour maximum .............................................................. 700 

17 (4) ANY AREA TO WHICH THIS CHAPTER APPLIES.—The maximum 

18 allowable concentration of any air pollutant in any area to which this 

19 chapter applies shall not exceed a concentration for that pollutant for 

20 each period of exposure equal to— 


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1 (A) the concentration permitted under the secondary NAAQS; 

2 or 

3 (B) the concentration permitted under the primary NAAQS; 

4 whichever concentration is lower for the pollutant for that period of ex5 posure. 

6 (c) ORDERS OR REGULATIONS FOR DETERMINING COMPLIANCE WITH

7 MAXIMUM ALLOWABLE INCREASES IN AMBIENT CONCENTRATIONS OF AIR

8 POLLUTANTS.— 

9 (1) CONCENTRATIONS OF CERTAIN POLLUTANTS NOT TAKEN INTO

10 ACCOUNT.—In the case of any State that has a plan approved by the 

11 Administrator for purposes of carrying out this chapter, the Governor 

12 of the State may, after notice and opportunity for public hearing, issue 

13 orders or promulgate regulations providing that for purposes of deter14 mining compliance with the maximum allowable increases in ambient 

15 concentrations of an air pollutant, the following concentrations of the 

16 pollutant shall not be taken into account: 

17 (A) Concentrations of the pollutant attributable to the increase 

18 in emissions from stationary sources that have converted from the 

19 use of petroleum products, or natural gas, or both, by reason of 

20 an order that is in effect under subsections (a) and (b) of section 

21 2 of the Energy Supply and Environmental Coordination Act of 

22 1974 (15 U.S.C. 792) (or any subsequent legislation that super23 sedes those subsections) over the emissions from those stationary 

24 sources before the effective date of the order. 

25 (B) Concentrations of the pollutant attributable to the increase 

26 in emissions from stationary sources that have converted from 

27 using natural gas by reason of a natural gas curtailment pursuant 

28 to a natural gas curtailment plan in effect pursuant to the Federal 

29 Power Act (16 U.S.C. 791a et seq.) over the emissions from those 

30 stationary sources before the effective date of the plan. 

31 (C) Concentrations of particulate matter attributable to the in32 crease in emissions from construction or other temporary emis33 sion-related activities. 

34 (D) The increase in concentrations attributable to new sources 

35 outside the United States over the concentrations attributable to 

36 existing sources that are included in the baseline concentration. 

37 (2) TIME PERIOD.—No action taken with respect to a source under 

38 subparagraph (A) or (B) of paragraph (1) shall apply more than 5 

39 years after the effective date of an order described in paragraph (1)(A) 

40 or the plan described to in paragraph (1)(B), whichever is applicable. 


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1 If both such an order and such a plan are applicable, no such action 

2 shall apply more than 5 years after the later of the effective dates. 

3 (3) SUBMISSION TO THE ADMINISTRATOR.—No action under this 

4 subsection shall take effect unless the Governor submits the order or 

5 regulation providing for an exclusion to the Administrator and the Ad6 ministrator determines that the order or regulation is in compliance 

7 with this subsection. 

8 § 213106. Area redesignation 

9 (a) AUTHORITY OF STATES TO REDESIGNATE AREAS.— 

10 (1) CLASS I.—Except as otherwise provided under subsection (c), a 

11 State may redesignate such areas as the State considers appropriate 

12 as class I areas. 

13 (2) CLASS I OR CLASS II.— 

14 (A) IN GENERAL.—The following areas may be redesignated 

15 only as class I or class II: 

16 (i) An area that exceeds 10,000 acres and is a national 

17 monument, national primitive area, national preserve, na18 tional recreation area, national wild and scenic river, national 

19 wildlife refuge, national lakeshore, or national seashore. 

20 (ii) A national park or national wilderness area established 

21 after August 7, 1977, that exceeds 10,000 acres. 

22 (B) EXTENT OF AREAS.—The extent of the areas described in 

23 clauses (i) and (ii) of subparagraph (A) shall conform to any 

24 changes in the boundaries of those areas that occur. 

25 (3) CLASS III.— 

26 (A) IN GENERAL.—Any area (other than an area described in 

27 clause (i) or (ii) of paragraph (2)(A) or an area established as 

28 class I under section 213104(a)(1) of this title) may be redesig29 nated by a State as class III if— 

30 (i)(I) the redesignation has been specifically approved by 

31 the Governor of the State, after consultation with the appro32 priate committees of the legislature if it is in session or with 

33 the leadership of the legislature if it is not in session (unless 

34 State law provides that such redesignation must be specifi35 cally approved by State legislation); and 

36 (II) general purpose units of local government representing 

37 a majority of the residents of the area to be redesignated 

38 enact legislation (including for such units of local government 

39 resolutions where appropriate) concurring in the State’s re40 designation; 


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1 (ii) the redesignation will not cause, or contribute to, con2 centrations of any air pollutant that exceed any maximum al3 lowable increase or maximum allowable concentration per4 mitted under the classification of any other area; and 

5 (iii) the redesignation otherwise meets the requirements of 

6 this chapter. 

7 (B) INDIAN TRIBES.—Subparagraph (A)(i)(I) does not apply to 

8 area redesignations by an Indian tribe. 

9 (b) PROCEDURE.— 

10 (1) NOTICE AND HEARING; NOTICE TO FEDERAL LAND MANAGER; 

11 WRITTEN COMMENTS AND RECOMMENDATIONS; REGULATIONS; DIS12 APPROVAL OF REDESIGNATION.— 

13 (A) NOTICE OF HEARING.—Prior to redesignation of any area 

14 under this chapter, notice shall be afforded and public hearings 

15 shall be conducted in areas proposed to be redesignated and in 

16 areas that may be affected by the proposed redesignation. Prior 

17 to any such public hearing, a satisfactory description and analysis 

18 of the health, environmental, economic, social, and energy effects 

19 of the proposed redesignation shall be prepared and made avail20 able for public inspection, and prior to any such redesignation, the 

21 description and analysis of those effects shall be reviewed and ex22 amined by the redesignating authorities. 

23 (B) FEDERAL LAND MANAGERS.—Prior to the issuance of no24 tice under subparagraph (A) respecting the redesignation of any 

25 area under this subsection, if the area includes any Federal land, 

26 the State shall provide written notice to the appropriate Federal 

27 land manager and afford adequate opportunity (but not in excess 

28 of 60 days) to confer with the State respecting the intended notice 

29 of redesignation and to submit written comments and rec30 ommendations with respect to the intended notice of redesignation. 

31 In redesignating any area under this section with respect to which 

32 a Federal land manager has submitted written comments and rec33 ommendations, the State shall publish a list of any inconsistency 

34 between the redesignation and the recommendations and an expla35 nation of the inconsistency (including the reasons for making the 

36 redesignation against the recommendation of the Federal land 

37 manager). 

38 (C) REGULATIONS.—The Administrator shall promulgate regu39 lations to ensure, insofar as practicable, that prior to any public 

40 hearing on redesignation of any area, there shall be available for 

41 public inspection any specific plans for any new or modified major 


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1 emitting facility that may be permitted to be constructed and op2 erated only if the area is designated or redesignated as class III. 

3 (2) DISAPPROVAL OF REDESIGNATION.—The Administrator may dis4 approve the redesignation of any area only if the Administrator finds, 

5 after notice and opportunity for public hearing, that the redesignation 

6 does not meet the procedural requirements of this section or is incon7 sistent with the requirements of section 213104(a) of this title or of 

8 subsection (a). If any such disapproval occurs, the classification of the 

9 area shall be that which was in effect prior to the redesignation that 

10 was disapproved. 

11 (c) INDIAN RESERVATIONS.—Land within the exterior boundaries of a 

12 reservation of a federally recognized Indian tribe may be redesignated only 

13 by the appropriate Indian governing body. 

14 (d) RESOLUTION OF DISPUTES BETWEEN STATES AND INDIAN

15 TRIBES.— 

16 (1) NEGOTIATIONS.—If any State affected by the redesignation of an 

17 area by an Indian tribe or any Indian tribe affected by the redesigna18 tion of an area by a State disagrees with the redesignation of any area, 

19 or if a permit is proposed to be issued for any new major emitting fa20 cility proposed for construction in any State that the Governor of an 

21 affected State or governing body of an affected Indian tribe determines 

22 will cause or contribute to a cumulative change in air quality in excess 

23 of that allowed in this subchapter within the affected State or tribal 

24 reservation, the Governor or Indian governing body may request the 

25 Administrator to enter into negotiations with the parties involved to re26 solve the dispute. 

27 (2) RECOMMENDATIONS.—If requested by any State or Indian tribe 

28 involved, the Administrator shall make a recommendation to resolve the 

29 dispute and protect the air quality related values of the land involved. 

30 (3) FAILURE TO REACH AGREEMENT.—If the parties involved do not 

31 reach agreement, the Administrator shall resolve the dispute and the 

32 Administrator’s determination, or the results of agreements reached 

33 through other means, shall become part of the applicable plan and shall 

34 be enforceable as part of the plan. In resolving such disputes relating 

35 to area redesignation, the Administrator shall consider the extent to 

36 which the land involved is of sufficient size to allow effective air quality 

37 management or have air quality-related values of such an area. 

38 § 213107. Preconstruction requirements 

39 (a) MAJOR EMITTING FACILITIES ON WHICH CONSTRUCTION IS COM40 MENCED.—No major emitting facility may be constructed in any area to 

41 which this chapter applies unless— 


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1 (1) a permit is issued for the proposed major emitting facility in ac2 cordance with this chapter setting forth emission limitations for the 

3 major emitting facility that conform to the requirements of this chap4 ter; 

5 (2)(A) the proposed permit is subjected to a review in accordance 

6 with this section; 

7 (B) the required analysis is conducted in accordance with regulations 

8 promulgated by the Administrator; and 

9 (C) a public hearing is held with opportunity for interested persons 

10 including representatives of the Administrator to appear and submit 

11 written or oral presentations on— 

12 (i) the air quality impact of the source; 

13 (ii) alternatives thereto; 

14 (iii) control technology requirements; and 

15 (iv) other appropriate considerations; 

16 (3) the owner or operator of the major emitting facility dem17 onstrates, as required pursuant to section 211110(h) of this title, that 

18 emissions from construction or operation of the major emitting facility 

19 will not cause, or contribute to, air pollution in excess of— 

20 (A) any maximum allowable increase or maximum allowable 

21 concentration for any pollutant in any area to which this chapter 

22 applies more than 1 time per year; 

23 (B) any NAAQS in any air quality control region; or 

24 (C) any other applicable emission standard or standard of per25 formance under this division; 

26 (4) the proposed major emitting facility is subject to the best avail27 able control technology for each pollutant subject to regulation under 

28 this division emitted from, or that results from, the major emitting fa29 cility; 

30 (5) the provisions of subsection (d) with respect to protection of class 

31 I areas are complied with for the major emitting facility; 

32 (6) there is an analysis of any air quality impacts projected for the 

33 area as a result of growth associated with the major emitting facility; 

34 (7) the person that owns or operates, or proposes to own or operate, 

35 a major emitting facility for which a permit is required under this 

36 chapter agrees to conduct such monitoring as may be necessary to de37 termine the effect that emissions from any such major emitting facility 

38 may have, or is having, on air quality in any area that may be affected 

39 by emissions from the source; and 

40 (8) in the case of a source that proposes to construct in a class III 

41 area, emissions from which would cause or contribute to exceeding the 


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1 maximum allowable increments applicable in a class II area and where 

2 no standard under section 211111 of this title has been promulgated 

3 subsequent to August 7, 1977, for that source category, the Adminis4 trator has approved the determination of best available technology as 

5 set forth in the permit. 

6 (b) EXCEPTION.—The demonstration pertaining to maximum allowable 

7 increases required under subsection (a)(3) shall not apply to maximum al8 lowable increases for class II areas in the case of an expansion or modifica9 tion of a major emitting facility that was in existence on August 7, 1977, 

10 whose allowable emissions of air pollutants, after compliance with subsection 

11 (a)(4), will be less than 50 tons per year and for which the owner or oper12 ator of the major emitting facility demonstrates that emissions of particu13 late matter and sulfur oxides will not cause or contribute to ambient air 

14 quality levels in excess of the secondary NAAQS for particulate matter or 

15 sulfur oxides. 

16 (c) PERMIT APPLICATIONS.—Any completed permit application under sec17 tion 211110 of this title for a major emitting facility in any area to which 

18 this chapter applies shall be granted or denied not later than 1 year after 

19 the date of filing of the completed application. 

20 (d) ACTION TAKEN ON PERMIT APPLICATIONS; NOTICE; ADVERSE IM21 PACT ON AIR QUALITY RELATED VALUES; VARIANCE; EMISSION LIMITA22 TIONS.— 

23 (1) TRANSMITTAL OF COPY OF PERMIT APPLICATION TO ADMINIS24 TRATOR; NOTICE OF ACTION.—Each State shall— 

25 (A) transmit to the Administrator a copy of each permit appli26 cation relating to a major emitting facility received by the State; 

27 and 

28 (B) provide notice to the Administrator of every action related 

29 to the consideration of the permit. 

30 (2) FEDERAL LAND MANAGER; FEDERAL OFFICIAL CHARGED WITH

31 RESPONSIBILITY.— 

32 (A) NOTICE.—The Administrator shall provide notice of the 

33 permit application to the Federal land manager and the Federal 

34 official charged with direct responsibility for management of any 

35 land within a class I area that may be affected by emissions from 

36 the proposed major emitting facility. 

37 (B) RESPONSIBILITY.—The Federal land manager and the Fed38 eral official charged with direct responsibility for management of 

39 land within a class I area that may be affected by emissions from 

40 the proposed major emitting facility shall have an affirmative re41 sponsibility to protect the air quality-related values (including visiVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 bility) of any such land within a class I area and to consider, in 

2 consultation with the Administrator, whether a proposed major 

3 emitting facility will have an adverse impact on those values. 

4 (C) CHANGE IN AIR QUALITY; ADVERSE IMPACT ON AIR QUAL5 ITY-RELATED VALUES; NO ADVERSE IMPACT.— 

6 (i) CHANGE IN AIR QUALITY.—In any case where the Fed7 eral official charged with direct responsibility for management 

8 of any land within a class I area or the Federal land manager 

9 of the land, the Administrator, or the Governor of an adja10 cent State containing a class I area files a notice alleging that 

11 emissions from a proposed major emitting facility may cause 

12 or contribute to a change in the air quality in the area and 

13 identifying the potential adverse impact of the change, a per14 mit shall not be issued unless the owner or operator of the 

15 major emitting facility demonstrates that emissions of partic16 ulate matter and sulfur dioxide will not cause or contribute 

17 to concentrations that exceed the maximum allowable in18 creases for a class I area. 

19 (ii) ADVERSE IMPACT ON THE AIR QUALITY-RELATED VAL20 UES.—In any case where the Federal land manager dem21 onstrates to the satisfaction of the State that the emissions 

22 from the major emitting facility will have an adverse impact 

23 on the air quality-related values (including visibility) of the 

24 land, notwithstanding the fact that the change in air quality 

25 resulting from emissions from the major emitting facility will 

26 not cause or contribute to concentrations that exceed the 

27 maximum allowable increases for a class I area, a permit 

28 shall not be issued. 

29 (iii) NO ADVERSE IMPACT ON AIR QUALITY-RELATED VAL30 UES.— 

31 (I) IN GENERAL.—In any case where the owner or op32 erator of the major emitting facility demonstrates to the 

33 satisfaction of the Federal land manager, and the Fed34 eral land manager so certifies, that the emissions from 

35 the major emitting facility will have no adverse impact 

36 on the air quality-related values of the land (including 

37 visibility), notwithstanding the fact that the change in 

38 air quality resulting from emissions from the major emit39 ting facility will cause or contribute to concentrations 

40 that exceed the maximum allowable increases for class I 

41 areas, the State may issue a permit. 


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1 (II) COMPLIANCE WITH EMISSION LIMITATIONS.—In 

2 the case of a permit issued pursuant to subclause (I), the 

3 major emitting facility shall comply with such emission 

4 limitations under the permit as may be necessary to en5 sure that emissions of particulate matter and sulfur ox6 ides from the major emitting facility will not cause or 

7 contribute to concentrations of particulate matter or sul8 fur oxides that exceed the following maximum allowable 

9 increases over the baseline concentration for particulate 

10 matter and sulfur oxides: 

Maximum allowable increase 

(in micrograms 

per cubic meter) 

Particulate matter: 

Annual geometric mean ........................................................... 19 

Twenty-four-hour maximum .................................................... 37 

Sulfur dioxide: 

Annual arithmetic mean .......................................................... 20 

Twenty-four-hour maximum .................................................... 91 

Three-hour maximum .............................................................. 325 

11 (D) VARIANCE.— 

12 (i) IN GENERAL.—In any case where the owner or operator 

13 of a proposed major emitting facility that has been denied a 

14 permit under subparagraph (C)(iii)(I) demonstrates to the 

15 satisfaction of the Governor, after notice and public hearing, 

16 and the Governor finds, that the facility cannot be con17 structed by reason of any maximum allowable increase for 

18 sulfur dioxide for periods of 24 hours or less applicable to any 

19 class I area and, in the case of Federal mandatory class I 

20 areas, that a variance under this clause will not adversely af21 fect the air quality related values of the area (including visi22 bility), the Governor, after consideration of the Federal land 

23 manager’s recommendation (if any) and subject to the con24 currence of the Federal land manager, may grant a variance 

25 from the maximum allowable increase. If a variance is grant26 ed, a permit may be issued to the source pursuant to the re27 quirements of this subparagraph. 

28 (ii) NO CONCURRENCE.—In any case in which a Governor 

29 recommends a variance under this subparagraph in which the 

30 Federal land manager does not concur, the recommendations 

31 of the Governor and the Federal land manager shall be trans32 mitted to the President. The President may approve the Gov33 ernor’s recommendation if the President finds that the vari34 ance is in the national interest. No Presidential finding shall 


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1 be reviewable in any court. The variance shall take effect if 

2 the President approves the Governor’s recommendations. The 

3 President shall approve or disapprove the recommendation 

4 within 90 days after receipt by the President of the rec5 ommendations of the Governor and the Federal land man6 ager. 

7 (iii) COMPLIANCE WITH EMISSION LIMITATIONS.— 

8 (I) DEFINITIONS.— 

9 (aa) HIGH TERRAIN AREA.—In this clause, the 

10 term ‘‘high terrain area’’, with respect to any major 

11 emitting facility, means any area having an ele12 vation of 900 feet or more above the base of the 

13 stack of the major emitting facility. 

14 (bb) LOW TERRAIN AREA.—The term ‘‘low ter15 rain area’’ means any area other than a high ter16 rain area. 

17 (II) COMPLIANCE.—In the case of a permit issued 

18 pursuant to this subparagraph, the major emitting facil19 ity shall comply with such emission limitations under the 

20 permit as may be necessary to ensure that emissions of 

21 sulfur oxides from the major emitting facility will not 

22 (during any day on which the otherwise applicable max23 imum allowable increases are exceeded) cause or con24 tribute to concentrations that exceed the following max25 imum allowable increases for such areas over the base26 line concentration for sulfur oxides and to ensure that 

27 the emissions will not cause or contribute to concentra28 tions that exceed the otherwise applicable maximum al29 lowable increases for periods of exposure of 24 hours or 

30 less on more than 18 days during any annual period: 

MAXIMUM ALLOWABLE INCREASE 

(In micrograms per cubic meter) 

Period of exposure 

Low 

terrain 

areas 

High 

terrain 

areas 

24-hr maximum .............................................................................. 36 62 

3-hr maximum ................................................................................ 130 221 

31 (e) ANALYSIS.— 

32 (1) IN GENERAL.—The review provided for in subsection (a) shall be 

33 preceded by an analysis of the ambient air quality at the proposed site 

34 and in areas that may be affected by emissions from the major emit35 ting facility for each pollutant subject to regulation under this division 


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1 that will be emitted from the major emitting facility. The review shall 

2 be conducted in accordance with regulations of the Administrator, pro3 mulgated under this subsection, and may be conducted by the State, 

4 any general purpose unit of local government, or the major emitting 

5 facility applying for a permit. 

6 (2) CONTINUOUS AIR QUALITY MONITORING.—The analysis required 

7 by this subsection shall include continuous air quality monitoring data 

8 gathered for purposes of determining whether emissions from the major 

9 emitting facility will exceed the maximum allowable increases or the 

10 maximum allowable concentration permitted under this chapter. The 

11 data shall be gathered over a period of 1 calendar year preceding the 

12 date of application for a permit under this chapter unless the State, 

13 in accordance with regulations promulgated by the Administrator, de14 termines that a complete and adequate analysis for such purposes may 

15 be accomplished in a shorter period. The results of the analysis shall 

16 be available at the time of the public hearing on the application for the 

17 permit. 

18 (3) REGULATIONS.— 

19 (A) IN GENERAL.—The Administrator shall promulgate regula20 tions respecting the analysis required under this subsection. 

21 (B) CONTENTS.—The regulations— 

22 (i) shall not require the use of any automatic or uniform 

23 buffer zone or zones; 

24 (ii) shall require an analysis of— 

25 (I) the ambient air quality, climate and meteorology, 

26 terrain, soils and vegetation, and visibility at the site of 

27 the proposed major emitting facility and in the area po28 tentially affected by the emissions from the major emit29 ting facility for each pollutant regulated under this divi30 sion that will be emitted from, or that results from the 

31 construction or operation of, the major emitting facility; 

32 (II) the size and nature of the proposed major emit33 ting facility; 

34 (III) the degree of continuous emission reduction that 

35 could be achieved by the major emitting facility; and 

36 (IV) such other factors as may be relevant in deter37 mining the effect of emissions from a proposed major 

38 emitting facility on any air quality control region; 

39 (iii) shall require that the results of the analysis be avail40 able at the time of the public hearing on the application for 

41 the permit; and 


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1 (iv) shall specify with reasonable particularity each air 

2 quality model to be used under specified sets of conditions for 

3 purposes of this chapter. 

4 (4) ADJUSTMENT OF MODELS.—Any model or models designated 

5 under the regulations may be adjusted based on a determination, after 

6 notice and opportunity for public hearing, by the Administrator that 

7 an adjustment is necessary to take into account unique terrain or mete8 orological characteristics of an area potentially affected by emissions 

9 from a source applying for a permit required under this chapter. 

10 § 213108. Other pollutants 

11 (a) HYDROCARBONS, CARBON MONOXIDE, PETROCHEMICAL OXIDANTS, 

12 AND NITROGEN OXIDES.—In the case of the pollutants hydrocarbons, car13 bon monoxide, photochemical oxidants, and nitrogen oxides, the Adminis14 trator shall conduct a study and promulgate regulations to prevent the sig15 nificant deterioration of air quality that would result from the emissions of 

16 those pollutants. In the case of pollutants for which NAAQSes are promul17 gated after August 7, 1977, the Administrator shall promulgate such regu18 lations not more than 2 years after the date of promulgation of the 

19 NAAQSes. 

20 (b) EFFECTIVE DATE OF REGULATIONS.—Regulations under subsection 

21 (a) shall become effective 1 year after the date of promulgation. 

22 (c) STATE IMPLEMENTATION PLAN PROVISIONS.—A State implementa23 tion plan shall contain provisions to conform the regulations under sub24 section (a), which provisions shall be submitted to the Administrator, who 

25 shall approve or disapprove the provisions within 25 months after the date 

26 of promulgation of the regulations in the same manner as is required under 

27 section 211110 of this title. 

28 (d) CONTENTS OF REGULATIONS.—The regulations shall— 

29 (1) provide— 

30 (A) specific numerical measures against which permit applica31 tions may be evaluated; 

32 (B) a framework for stimulating improved control technology; 

33 and 

34 (C) protection of air quality values; and 

35 (2) fulfill the goals and purposes set forth in sections 211101 and 

36 213101 of this title. 

37 (e) SPECIFIC MEASURES TO FULFILL GOALS AND PURPOSES.—The reg38 ulations— 

39 (1) shall provide specific measures at least as effective as the incre40 ments established in section 213105 of this title to fulfill the goals and 

41 purposes set forth in sections 211101 and 213101 of this title; and 


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1 (2) may contain air quality increments, emission density require2 ments, or other measures. 

3 (f) AREA CLASSIFICATION PLAN NOT REQUIRED.— 

4 (1) IN GENERAL.—With respect to any air pollutant (other than a 

5 sulfur oxide or particulate matter) for which a NAAQS is established, 

6 an area classification plan shall not be required under this section if 

7 the implementation plan adopted by the State and submitted for the 

8 Administrator’s approval or promulgated by the Administrator under 

9 section 211110(c) of this title contains other provisions that, when con10 sidered as a whole, the Administrator finds will carry out the purposes 

11 of section 213101 of this title at least as effectively as an area classi12 fication plan for that pollutant. 

13 (2) MAXIMUM ALLOWABLE INCREASES.—The other provisions de14 scribed in paragraph (1) need not require the establishment of max15 imum allowable increases with respect to a pollutant for any area to 

16 which this section applies. 

17 (g) PM–10 INCREMENTS.— 

18 (1) IN GENERAL.—The Administrator may substitute, for the max19 imum allowable increases in particulate matter specified in sections 

20 213105(b) and 213107(d)(2)(C)(iii)(II) of this title, maximum allow21 able increases in particulate matter with an aerodynamic diameter 

22 smaller than or equal to 10 micrometers. 

23 (2) STRINGENCY.—Such substituted maximum allowable increases 

24 shall be of equal stringency in effect as those specified in the provisions 

25 for which they are substituted. 

26 § 213109. Enforcement 

27 The Administrator shall, and a State may, take such measures, including 

28 issuance of an order or seeking injunctive relief, as are necessary to prevent 

29 the construction or modification of a major emitting facility that— 

30 (1) does not conform to the requirements of this chapter; or 

31 (2)(A) is proposed to be constructed in any area designated pursuant 

32 to section 211107(d) of this title as attainment or unclassifiable; and 

33 (B) is not subject to an implementation plan that meets the require34 ments of this chapter. 

35 Subchapter II—Visibility Protection 

36 § 213201. Visibility protection for mandatory class I Federal 

37 areas 

38 (a) DEFINITIONS.—In this section: 

39 (1) AS EXPEDITIOUSLY AS PRACTICABLE.—The term ‘‘as expedi40 tiously as practicable’’ means as expeditiously as practicable but in no 

41 event later than 5 years after the date of approval of a plan revision 


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1 under this section (or the date of promulgation of such a plan revision 

2 in the case of action by the Administrator under section 211110(c) of 

3 this title for purposes of this section). 

4 (2) BEST AVAILABLE RETROFIT TECHNOLOGY.—The term ‘‘best 

5 available retrofit technology’’, with respect to a source, means retrofit 

6 technology that a State (or the Administrator in determining emission 

7 limitations that reflect such technology) determines is the best available 

8 after taking into consideration— 

9 (A) the costs of compliance; 

10 (B) the energy and non-air-quality environmental impacts of 

11 compliance; 

12 (C) any existing pollution control technology in use at the 

13 source; 

14 (D) the remaining useful life of the source; and 

15 (E) the degree of improvement in visibility that may reasonably 

16 be anticipated to result from the use of the technology. 

17 (3) IMPAIRMENT OF VISIBILITY.—The term ‘‘impairment of visi18 bility’’ includes reduction in visual range and atmospheric discoloration. 

19 (4) MAJOR STATIONARY SOURCE.—The term ‘‘major stationary 

20 source’’ means the following types of stationary sources with the poten21 tial to emit 250 tons or more of any pollutant: 

22 (A) Fossil fuel-fired steam electric plants of more than 

23 250,000,000 British thermal units per hour heat input. 

24 (B) Coal cleaning plants (thermal dryers). 

25 (C) Kraft pulp mills. 

26 (D) Portland cement plants. 

27 (E) Primary zinc smelters. 

28 (F) Iron and steel mill plants. 

29 (G) Primary aluminum ore reduction plants. 

30 (H) Primary copper smelters. 

31 (I) Municipal incinerators capable of charging more than 250 

32 tons of refuse per day. 

33 (J) Hydrofluoric, sulfuric, and nitric acid plants. 

34 (K) Petroleum refineries. 

35 (L) Lime plants. 

36 (M) Phosphate rock processing plants. 

37 (N) Coke oven batteries. 

38 (O) Sulfur recovery plants. 

39 (P) Carbon black plants (furnace process). 

40 (Q) Primary lead smelters. 

41 (R) Fuel conversion plants. 


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1 (S) Sintering plants. 

2 (T) Secondary metal production facilities. 

3 (U) Chemical process plants. 

4 (V) Fossil-fuel boilers of more than 250,000,000 British ther5 mal units per hour heat input. 

6 (W) Petroleum storage and transfer facilities with a capacity ex7 ceeding 300,000 barrels. 

8 (X) Taconite ore processing facilities. 

9 (Y) Glass fiber processing plants. 

10 (Z) Charcoal production facilities. 

11 (5) MANDATORY CLASS I FEDERAL AREA.—The term ‘‘mandatory 

12 class I Federal area’’ means a Federal area that may not be designated 

13 as other than class I under this chapter. 

14 (6) MANMADE AIR POLLUTION.—The term ‘‘manmade air pollution’’ 

15 means air pollution that results directly or indirectly from human activ16 ity. 

17 (7) REASONABLE PROGRESS.—The term ‘‘reasonable progress’’, with 

18 respect to a source, means progress that is determined to be reasonable 

19 after taking into consideration— 

20 (A) the costs of compliance; 

21 (B) the time necessary for compliance; 

22 (C) the energy and non-air-quality environmental impacts of 

23 compliance; and 

24 (D) the remaining useful life of the source. 

25 (b) PREVENTION OF FUTURE AND REMEDYING OF EXISTING IMPAIR26 MENT OF VISIBILITY.— 

27 (1) NATIONAL GOAL.—Congress declares as a national goal the pre28 vention of any future impairment of visibility, and the remedying of 

29 any existing impairment of visibility, in mandatory class I Federal 

30 areas that results from manmade air pollution. 

31 (2) IDENTIFICATION OF AREAS WHERE VISIBILITY IS AN IMPORTANT

32 VALUE.—The Secretary of the Interior, in consultation with other Fed33 eral land managers, shall review all mandatory class I Federal areas 

34 and identify those where visibility is an important value of the area. 

35 From time to time the Secretary of the Interior may revise the identi36 fications. The Administrator shall, after consultation with the Secretary 

37 of the Interior, promulgate a list of mandatory class I Federal areas 

38 in which the Secretary of the Interior determines that visibility is an 

39 important value. 

40 (3) REPORT.— 


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1 (A) IN GENERAL.—The Administrator shall complete a study 

2 and report to Congress on available methods for implementing the 

3 national goal set forth in paragraph (1). 

4 (B) CONTENTS OF REPORT.—The report shall— 

5 (i) include recommendations for— 

6 (I) methods for identifying, characterizing, deter7 mining, quantifying, and measuring impairment of visi8 bility in mandatory class I Federal areas; 

9 (II) modeling techniques (or other methods) for deter10 mining the extent to which manmade air pollution may 

11 reasonably be anticipated to cause or contribute to im12 pairment of visibility; and 

13 (III) methods for preventing and remedying such man14 made air pollution and resulting impairment of visibility; 

15 and 

16 (ii) identify the classes or categories of sources and the 

17 types of air pollutants that, alone or in conjunction with other 

18 sources or pollutants, may reasonably be anticipated to cause 

19 or contribute significantly to impairment of visibility. 

20 (c) REGULATIONS.— 

21 (1) IN GENERAL.—After notice and public hearing, the Adminis22 trator shall promulgate regulations to ensure— 

23 (A) reasonable progress toward meeting the national goal speci24 fied in subsection (b)(1); and 

25 (B) compliance with the requirements of this section. 

26 (2) CONTENTS.—Regulations under paragraph (1) shall— 

27 (A) provide guidelines to the States, taking into account the rec28 ommendations under subsection (b)(3) on appropriate techniques 

29 and methods for implementing this section (as provided in sub30 clauses (I) through (III) of subsection (b)(3)(B)(i)); and 

31 (B) require each applicable implementation plan for a State in 

32 which any area listed by the Administrator under subsection (b)(2) 

33 is located (or for a State the emissions from which may reasonably 

34 be anticipated to cause or contribute to any impairment of visi35 bility in any mandatory class I Federal area) to contain such emis36 sion limitations, schedules of compliance, and other measures as 

37 may be necessary to make reasonable progress toward meeting the 

38 national goal specified in subsection (b)(1), including— 

39 (i) except as otherwise provided pursuant to subsection (d), 

40 a requirement that each major stationary source that was in 

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1 ation for more than 15 years as of that date, and which, as 

2 determined by the State (or the Administrator in the case of 

3 a plan promulgated under section 211110(c) of this title) 

4 emits any air pollutant that may reasonably be anticipated to 

5 cause or contribute to any impairment of visibility in any 

6 mandatory class I Federal area, shall procure, install, and op7 erate, as expeditiously as practicable (and maintain there8 after) the best available retrofit technology, as determined by 

9 the State (or the Administrator in the case of a plan promul10 gated under section 211110(c) of this title) for controlling 

11 emissions from the source for the purpose of eliminating or 

12 reducing any impairment of visibility; and 

13 (ii) a long-term (10- to 15-year) strategy for making rea14 sonable progress toward meeting the national goal specified in 

15 subsection (b)(1). 

16 (3) CERTAIN FOSSIL FUEL-FIRED GENERATING POWERPLANTS.—In 

17 the case of a fossil fuel-fired generating powerplant having a total gen18 erating capacity in excess of 750 megawatts, the emission limitations 

19 required under this subsection shall be determined pursuant to guide20 lines promulgated by the Administrator under paragraph (2)(A). 

21 (d) EXEMPTIONS.— 

22 (1) IN GENERAL.—The Administrator may, by regulation, after no23 tice and opportunity for public hearing, exempt any major stationary 

24 source from the requirement of subsection (c)(2)(B)(i), on a determina25 tion by the Administrator that the source does not or will not, by itself 

26 or in combination with other sources, emit any air pollutant that may 

27 reasonably be anticipated to cause or contribute to a significant impair28 ment of visibility in any mandatory class I Federal area. 

29 (2) CERTAIN FOSSIL FUEL-FIRED POWERPLANTS.—Paragraph (1) 

30 does not apply to any fossil fuel-fired powerplant with total design ca31 pacity of 750 megawatts or more unless the owner or operator of the 

32 powerplant demonstrates to the satisfaction of the Administrator that 

33 the powerplant is located at such a distance from all mandatory class 

34 I Federal areas listed by the Administrator under subsection (b)(2) 

35 that the powerplant does not or will not, by itself or in combination 

36 with other sources, emit any air pollutant that may reasonably be an37 ticipated to cause or contribute to significant impairment of visibility 

38 in any mandatory class I Federal area. 

39 (3) CONCURRENCE.—An exemption under this subsection shall be ef40 fective only on concurrence by the appropriate Federal land manager 


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1 or Federal land managers with the Administrator’s determination 

2 under this subsection. 

3 (e) CONSULTATION WITH APPROPRIATE FEDERAL LAND MANAGERS.— 

4 Before holding a public hearing on the proposed revision of an applicable 

5 implementation plan to meet the requirements of this section, the State (or 

6 the Administrator, in the case of a plan promulgated under section 

7 211110(c) of this title) shall— 

8 (1) consult in person with the appropriate Federal land manager or 

9 Federal land managers; and 

10 (2) include a summary of the conclusions and recommendations of 

11 the Federal land managers in the notice to the public. 

12 (f) BUFFER ZONES.—In promulgating regulations under this section, the 

13 Administrator shall not require the use of any automatic or uniform buffer 

14 zone or zones. 

15 (g) NONDISCRETIONARY DUTY.—For purposes of section 203104(b)(2) of 

16 this title, the meeting of the national goal specified in subsection (b)(1) by 

17 any specific date or dates shall not be considered to be a nondiscretionary 

18 duty of the Administrator. 

19 § 213202. Visibility 

20 (a) STUDIES.— 

21 (1) RESEARCH.— 

22 (A) IN GENERAL.—The Administrator, in conjunction with the 

23 National Park Service and other appropriate Federal agencies, 

24 shall conduct research to identify and evaluate— 

25 (i) sources and source regions of visibility impairment in 

26 class I areas; and 

27 (ii) regions that provide predominantly clean air in class I 

28 areas. 

29 (B) INCLUSIONS.—The research shall include— 

30 (i) expansion of current visibility-related monitoring in 

31 class I areas; 

32 (ii) assessment of current sources of visibility-impairing 

33 pollution and clean air corridors; 

34 (iii) adaptation of regional air quality models for the as35 sessment of visibility; and 

36 (iv) studies of atmospheric chemistry and physics of visi37 bility. 

38 (2) ASSESSMENT AND EVALUATION.—Based on the findings available 

39 from the research required in paragraph (1), other available scientific 

40 and technical data, studies, and other available information pertaining 

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1 duct an assessment and evaluation that identifies, to the extent pos2 sible, sources and source regions of visibility impairment including nat3 ural sources and source regions of clear air for class I areas. 

4 (b) IMPACTS OF OTHER PROVISIONS.—Every 5 years, the Administrator 

5 shall conduct an assessment of actual progress and improvement in visibility 

6 in class I areas. The Administrator shall prepare a written report on each 

7 assessment and transmit copies of the reports to the appropriate committees 

8 of Congress. 

9 (c) VISIBILITY TRANSPORT COMMISSIONS.— 

10 (1) VISIBILITY TRANSPORT REGIONS.— 

11 (A) ESTABLISHMENT.—When, on the Administrator’s motion or 

12 by petition from the Governors of at least 2 affected States, the 

13 Administrator has reason to believe that the current or projected 

14 interstate transport of air pollutants from 1 or more States con15 tributes significantly to visibility impairment in class I areas lo16 cated in the affected States, the Administrator may establish a 

17 visibility transport region for such pollutants that includes those 

18 States. 

19 (B) ADDITION AND REMOVAL OF STATES.—The Administrator, 

20 on the Administrator’s own motion, on petition from the Governor 

21 of any affected State, or on the recommendations of a visibility 

22 transport commission established under paragraph (2), may— 

23 (i) add any State or portion of a State to a visibility trans24 port region when the Administrator determines that the inter25 state transport of air pollutants from that State significantly 

26 contributes to visibility impairment in a class I area located 

27 within the visibility transport region; or 

28 (ii) remove any State or portion of a State from a visibility 

29 transport region when the Administrator has reason to believe 

30 that the control of emissions in that State or portion of the 

31 State pursuant to this section will not significantly contribute 

32 to the protection or enhancement of visibility in any class I 

33 area in the visibility transport region. 

34 (2) VISIBILITY TRANSPORT COMMISSIONS.— 

35 (A) ESTABLISHMENT.—When the Administrator establishes a 

36 visibility transport region under paragraph (1), the Administrator 

37 shall establish a visibility transport commission comprised of (as 

38 a minimum) each of the following members: 

39 (i) The Governor of each State in the visibility transport 

40 region, or the Governor’s designee. 

41 (ii) The Administrator, or the Administrator’s designee. 


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1 (iii) A representative of each Federal agency charged with 

2 the direct management of each class I area within the visi3 bility transport region. 

4 (B) VOTING.—Decisions of, and recommendations and requests 

5 to the Administrator, by a visibility transport commission may be 

6 made only by a majority vote of all members other than the Ad7 ministrator and the Federal agency representatives (or designees). 

8 (C) FEDERAL ADVISORY COMMITTEE ACT.—A visibility trans9 port commission shall not be subject to the Federal Advisory Com10 mittee Act (5 U.S.C. App.). 

11 (d) DUTIES.— 

12 (1) IN GENERAL.—A visibility transport commission— 

13 (A) shall assess the scientific and technical data, studies, and 

14 other currently available information, including studies conducted 

15 pursuant to subsection (a)(1), pertaining to adverse impacts on 

16 visibility from potential or projected growth in emissions from 

17 sources located in the visibility transport region; and 

18 (B) shall, within 4 years after establishment of the visibility 

19 transport commission, issue a report to the Administrator recom20 mending what measures, if any, should be taken under this divi21 sion to remedy the adverse impacts. 

22 (2) MEASURES TO BE ADDRESSED.—A report under paragraph 

23 (1)(B) shall address at least the following measures: 

24 (A) The establishment of clean air corridors in which additional 

25 restrictions on increases in emissions may be appropriate to pro26 tect visibility in affected class I areas. 

27 (B) The imposition of the requirements of chapter 215 affecting 

28 the construction of new major stationary sources or major modi29 fications to existing sources in such clean air corridors specifically 

30 including the alternative siting analysis provisions of section 

31 215103(a)(1)(E) of this title. 

32 (C) The promulgation of regulations under section 213201 of 

33 this title to address long range strategies for addressing regional 

34 haze that impairs visibility in affected class I areas. 

35 (e) DUTIES OF ADMINISTRATOR.— 

36 (1) IN GENERAL.—The Administrator shall, taking into account the 

37 studies pursuant to subsection (a)(1) and the reports pursuant to sub38 section (d) and any other relevant information, within 18 months after 

39 receipt of the report described in subsection (d), carry out the Adminis40 trator’s regulatory responsibilities under section 213201 of this title, 


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1 including criteria for measuring reasonable progress toward the na2 tional goal. 

3 (2) REGULATIONS.—Any regulations promulgated under section 

4 213201 of this title pursuant to this subsection shall require affected 

5 States to revise within 12 months their implementation plans under 

6 section 211110 of this title to contain such emission limitations, sched7 ules of compliance, and other measures as may be necessary to carry 

8 out regulations promulgated pursuant to this subsection. 

9 (f) GRAND CANYON VISIBILITY TRANSPORT COMMISSION.—The Adminis10 trator pursuant to subsection (c) shall establish a visibility transport com11 mission for the region affecting visibility in Grand Canyon National Park. 

12 Chapter 215—Plan Requirements for 

13 Nonattainment Areas 

Subchapter I—Nonattainment Areas In General 

Sec. 

215101. Definitions. 

215102. Nonattainment plan provisions in general. 

215103. Permit requirements. 

215104. Planning procedures. 

215105. EPA grants. 

215106. Maintenance plans. 

215107. Limitations on certain Federal assistance. 

215108. Interstate transport commissions. 

215109. New motor vehicle emission standards in nonattainment areas. 

215110. Guidance documents respecting the lowest achievable emission rate. 

215111. Sanctions and consequences of failure to attain. 

215112. International border areas. 

Subchapter II—Additional Provisions for Ozone Nonattainment Areas 

215201. Definitions. 

215202. Classifications and attainment dates. 

215203. Plan provisions. 

215204. Federal ozone measures. 

215205. Control of interstate ozone air pollution. 

215206. Enforcement for severe areas and extreme areas for failure to attain. 

215207. Nitrogen oxide and volatile organic compound study. 

Subchapter III—Additional Provisions for Carbon Monoxide Nonattainment Areas 

215301. Definitions. 

215302. Classification and attainment dates. 

215303. Plan submissions and requirements. 

Subchapter IV—Additional Provisions for Particulate Matter Nonattainment Areas 

215401. Definitions. 

215402. Classifications and attainment dates. 

215403. Plan provisions and schedules for plan submissions. 

215404. Issuance of RACM and BACM guidance. 

Subchapter V—Additional Provisions for Areas Designated Nonattainment 

for Sulfur Dioxides, Nitrogen Oxide, or Lead 

215501. Plan submission deadlines. 

215502. Attainment dates. 

Subchapter VI—Savings Provisions 

215601. General savings clause. 

14 Subchapter I—Nonattainment Areas In 

15 General 

16 § 215101. Definitions 

17 In this chapter: 


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1 (1) LOWEST ACHIEVABLE EMISSION RATE.— 

2 (A) IN GENERAL.—The term ‘‘lowest achievable emission rate’’, 

3 with respect to a source, means the rate of emissions that reflects 

4 the more stringent of— 

5 (i) the most stringent emission limitation that is contained 

6 in the implementation plan of any State for that class or cat7 egory of source, unless the owner or operator of the proposed 

8 source demonstrates that such an emission limitation is not 

9 achievable; or 

10 (ii) the most stringent emission limitation that is achieved 

11 in practice by that class or category of source. 

12 (B) EFFECT OF APPLICATION OF TERM.—In no event shall the 

13 application of the term ‘‘lowest achievable emission rate’’ permit 

14 a proposed new or modified source to emit any pollutant in excess 

15 of the amount allowable under applicable new source standards of 

16 performance. 

17 (2) MODIFY.— 

18 (A) IN GENERAL.—The term ‘‘modify’’, with respect to a sta19 tionary source, means to make or undergo any physical change in, 

20 or change in the method of operation of, the stationary source 

21 that— 

22 (i) increases the amount of any air pollutant emitted by the 

23 stationary source; or 

24 (ii) results in the emission of any air pollutant not pre25 viously emitted. 

26 (B) CONVERSION TO COAL.—A conversion to coal by reason of 

27 an order under section 2(a) of the Energy Supply and Environ28 mental Coordination Act of 1974 (15 U.S.C. 792(a)) or any enact29 ment that supersedes that Act shall not be considered to be a 

30 modification for purposes of subparagraph (A). 

31 (3) NONATTAINMENT AREA.—The term ‘‘nonattainment area’’ 

32 means, for any air pollutant, an area that is designated nonattainment 

33 with respect to that air pollutant within the meaning of section 

34 211107(d) of this title. 

35 (4) REASONABLE FURTHER PROGRESS.—The term ‘‘reasonable fur36 ther progress’’ means such annual incremental reductions in emissions 

37 of an air pollutant as are required by this chapter or may reasonably 

38 be required by the Administrator for the purpose of ensuring attain39 ment of the applicable NAAQS by the applicable date. 

40 § 215102. Nonattainment plan provisions in general 

41 (a) CLASSIFICATIONS AND ATTAINMENT DATES.— 


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1 (1) CLASSIFICATIONS.— 

2 (A) IN GENERAL.—On or after the date on which the Adminis3 trator promulgates the designation of an area as a nonattainment 

4 area pursuant to section 211107(d) of this title with respect to 

5 any NAAQS (or any revised standard), the Administrator may 

6 classify the area for the purpose of applying an attainment date 

7 pursuant to paragraph (2), and for other purposes. In determining 

8 the appropriate classification, if any, for a nonattainment area, the 

9 Administrator may consider such factors as the severity of non10 attainment in the area and the availability and feasibility of the 

11 pollution control measures that the Administrator believes may be 

12 necessary to provide for attainment of the standard in that area. 

13 (B) PROCEDURE.—The Administrator shall publish a notice in 

14 the Federal Register announcing each classification under sub15 paragraph (A), except that the Administrator shall provide an op16 portunity for at least 30 days for written comment. A classifica17 tion shall not be subject to sections 553 to 557 of title 5 and shall 

18 not be subject to judicial review until the Administrator takes final 

19 action under subsection (i) or (j) of section 211110 or section 

20 215111 of this title with respect to any plan submissions required 

21 by virtue of the classification. 

22 (C) NONAPPLICABILITY.—This paragraph shall not apply with 

23 respect to nonattainment areas for which classifications are spe24 cifically provided under other provisions of this chapter. 

25 (2) ATTAINMENT DATES FOR NONATTAINMENT AREAS.— 

26 (A) PRIMARY NAAQSES.—The attainment date for an area des27 ignated nonattainment with respect to a primary NAAQS shall be 

28 the date by which attainment can be achieved as expeditiously as 

29 practicable, but not later than 5 years after the date on which the 

30 area was designated nonattainment under section 211107(d) of 

31 this title, except that the Administrator may extend the attain32 ment date to the extent that the Administrator determines to be 

33 appropriate, for a period not longer than 10 years after the date 

34 of designation as nonattainment, considering the severity of non35 attainment and the availability and feasibility of pollution control 

36 measures. 

37 (B) SECONDARY NAAQSES.—The attainment date for an area 

38 designated nonattainment with respect to a secondary NAAQS 

39 shall be the date by which attainment can be achieved as expedi40 tiously as practicable after the date on which the area was des41 ignated nonattainment under section 211107(d) of this title. 


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1 (C) EXTENSION.— 

2 (i) IN GENERAL.—On application by any State, the Admin3 istrator may extend for 1 additional year (referred to in this 

4 subparagraph as the ‘‘extension year’’) the attainment date 

5 determined by the Administrator under subparagraph (A) or 

6 (B) if— 

7 (I) the State has complied with all requirements and 

8 commitments pertaining to the area in the applicable im9 plementation plan; and 

10 (II) in accordance with guidance published by the Ad11 ministrator, not more than a minimal number of 

12 exceedances of the relevant NAAQS has occurred in the 

13 area in the year preceding the extension year. 

14 (ii) LIMITATION.—Not more than 2 one-year extensions 

15 may be issued under this subparagraph for a single non16 attainment area. 

17 (D) NONAPPLICABILITY.—This paragraph shall not apply with 

18 respect to nonattainment areas for which attainment dates are 

19 specifically provided under other provisions of this chapter. 

20 (b) SCHEDULE FOR PLAN SUBMISSIONS.—At the time at which the Ad21 ministrator promulgates the designation of an area as nonattainment with 

22 respect to a NAAQS under section 211107(d) of this title, the Adminis23 trator shall establish a schedule according to which the State containing the 

24 area shall submit a plan or plan provision (including plan items) meeting 

25 the applicable requirements of subsection (c) and section 211110(a)(3) of 

26 this title. The schedule shall, at a minimum, include a date or dates, extend27 ing not later than 3 years after the date of the nonattainment designation, 

28 for the submission of a plan or plan provision (including plan items) meet29 ing the applicable requirements of subsection (c) and section 211110(a)(3) 

30 of this title. 

31 (c) NONATTAINMENT PLAN PROVISIONS.— 

32 (1) IN GENERAL.—The plan provisions (including plan items) shall 

33 provide for— 

34 (A) implementation of all reasonably available control measures 

35 as expeditiously as practicable (including such reductions in emis36 sions from existing sources in the area as may be obtained 

37 through the adoption, at a minimum, of reasonably available con38 trol technology); and 

39 (B) attainment of the primary NAAQSes. 

40 (2) REASONABLE FURTHER PROGRESS.—The plan provisions (in41 cluding plan items) shall require reasonable further progress. 


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1 (3) INVENTORY.—The plan provisions (including plan items) shall 

2 include a comprehensive, accurate, current inventory of actual emis3 sions from all sources of the relevant pollutant or pollutants in the 

4 area, including such periodic revisions as the Administrator may deter5 mine to be necessary to ensure that the requirements of this chapter 

6 are met. 

7 (4) IDENTIFICATION AND QUANTIFICATION.—The plan provisions 

8 (including plan items) shall expressly identify and quantify the emis9 sions, if any, of any such pollutant or pollutants that will be allowed, 

10 in accordance with section 215103(a)(1)(A)(ii) of this title, from the 

11 construction and operation of major new or modified stationary sources 

12 in each such area. The plan shall demonstrate to the satisfaction of the 

13 Administrator that the emissions quantified for this purpose will be 

14 consistent with the achievement of reasonable further progress and will 

15 not interfere with attainment of the applicable NAAQS by the applica16 ble attainment date. 

17 (5) PERMITS FOR NEW AND MODIFIED MAJOR STATIONARY

18 SOURCES.—The plan provisions (including plan items) shall require 

19 permits for the construction and operation of new or modified major 

20 stationary sources anywhere in the nonattainment area, in accordance 

21 with section 215103 of this title. 

22 (6) OTHER MEASURES.—The plan provisions (including plan items) 

23 shall include enforceable emission limitations and such other control 

24 measures, means, or techniques (including economic incentives such as 

25 fees, marketable permits, and auctions of emission rights) and sched26 ules and timetables for compliance as may be necessary or appropriate 

27 to provide for attainment of the standard in the area by the applicable 

28 attainment date specified in this chapter. 

29 (7) COMPLIANCE WITH SECTION 211110(a)(3).—The plan provisions 

30 (including plan items) shall meet the applicable provisions of section 

31 211110(a)(3) of this title. 

32 (8) EQUIVALENT TECHNIQUES.—On application by any State, the 

33 Administrator may allow the use of equivalent modeling, emission in34 ventory, and planning procedures, unless the Administrator determines 

35 that the proposed techniques are, in the aggregate, less effective than 

36 the methods specified by the Administrator. 

37 (9) CONTINGENCY MEASURES.—The plan (including plan items) 

38 shall provide for the implementation of specific measures to be under39 taken if the area fails to make reasonable further progress or to attain 

40 the primary NAAQS by the attainment date applicable under this 

41 chapter. The measures shall be included in the plan as contingency 


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1 measures to take effect in any such case without further action by the 

2 State or the Administrator. 

3 (d) PLAN PROVISIONS REQUIRED IN RESPONSE TO FINDING OF PLAN

4 INADEQUACY.— 

5 (1) IN GENERAL.—Any plan provision for a nonattainment area that 

6 is required to be submitted in response to a finding by the Adminis7 trator pursuant to section 211110(i)(5) of this title shall— 

8 (A) correct the plan deficiency (or deficiencies) specified by the 

9 Administrator; and 

10 (B) meet all other applicable plan requirements of section 

11 211110 of this title and this chapter. 

12 (2) ADJUSTMENT OF DATES.—The Administrator may reasonably 

13 adjust the dates otherwise applicable under those requirements to the 

14 provision (except for attainment dates that have not yet elapsed) to the 

15 extent necessary to achieve a consistent application of the require16 ments. 

17 (3) GUIDELINES, INTERPRETATIONS, AND INFORMATION.— 

18 (A) IN GENERAL.—In order to facilitate submittal by the States 

19 of adequate and approvable plans consistent with the applicable 

20 requirements of this division, the Administrator shall, as appro21 priate and from time to time, issue written guidelines, interpreta22 tions, and information to the States, taking into consideration any 

23 such guidelines, interpretations, or information provided before 

24 November 15, 1990. 

25 (B) PUBLIC AVAILABILITY.—Guidelines, interpretations, and in26 formation issued under subparagraph (A) shall be available to the 

27 public. 

28 (e) FUTURE MODIFICATION OF STANDARD.—If the Administrator relaxes 

29 a primary NAAQS, the Administrator shall, within 12 months after the re30 laxation, promulgate requirements applicable to all areas that have not at31 tained that standard as of the date of the relaxation. The requirements shall 

32 provide for controls that are not less stringent than the controls applicable 

33 to areas designated nonattainment before the relaxation. 

34 § 215103. Permit requirements 

35 (a) IN GENERAL.— 

36 (1) IN GENERAL.—The permit program required by section 

37 215102(c)(5) of this title shall provide that permits to construct and 

38 operate may be issued if— 

39 (A) in accordance with regulations issued by the Administrator 

40 for the determination of baseline emissions in a manner consistent 

41 with the assumptions underlying the applicable implementation 


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1 plan approved under section 211110 of this title and this chapter, 

2 the permitting agency determines that— 

3 (i) by the time the source is to commence operation, suffi4 cient offsetting emissions reductions have been obtained, such 

5 that total allowable emissions from existing sources in the re6 gion, from new or modified sources that are not major emit7 ting facilities and from the proposed source, will be suffi8 ciently less than total emissions from existing sources (as de9 termined in accordance with the regulations under this sub10 paragraph) prior to the application for the permit to con11 struct or modify so as to represent (when considered together 

12 with the plan provisions required under section 215102 of 

13 this title) reasonable further progress; or 

14 (ii) in the case of a new or modified major stationary 

15 source that is located in a zone (within the nonattainment 

16 area) identified by the Administrator, in consultation with the 

17 Secretary of Housing and Urban Development, as a zone to 

18 which economic development should be targeted, that emis19 sions of the pollutant resulting from the proposed new or 

20 modified major stationary source will not cause or contribute 

21 to emissions levels that exceed the allowance permitted for the 

22 pollutant for the area from new or modified major stationary 

23 sources under section 215102(c) of this title; 

24 (B) the proposed source is required to comply with the lowest 

25 achievable emission rate; 

26 (C) the owner or operator of the proposed new or modified 

27 source has demonstrated that all major stationary sources owned 

28 or operated by the owner or operator (or by any entity controlling, 

29 controlled by, or under common control with the owner or oper30 ator) in the State are subject to emission limitations and are in 

31 compliance, or on a schedule for compliance, with all applicable 

32 emission limitations and standards under this division; 

33 (D) the Administrator has not determined that the applicable 

34 implementation plan is not being adequately implemented for the 

35 nonattainment area in which the proposed source is to be con36 structed or modified in accordance with the requirements of this 

37 chapter; and 

38 (E) an analysis of alternative sites, sizes, production processes, 

39 and environmental control techniques for the proposed source 

40 demonstrates that benefits of the proposed source significantly 


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1 outweigh the environmental and social costs imposed as a result 

2 of its location, construction, or modification. 

3 (2) FEDERALLY ENFORCEABLE EMISSION REDUCTIONS.—Any emis4 sion reductions required as a precondition of the issuance of a permit 

5 under paragraph (1)(A) shall be federally enforceable before a permit 

6 may be issued. 

7 (b) PROHIBITION OF USE OF OLD GROWTH ALLOWANCES.—Any growth 

8 allowance included in an applicable implementation plan to meet the re9 quirements of section 172(b)(5) of the Clean Air Act (42 U.S.C. 

10 7502(b)(5)) (as in effect on November 14, 1990) shall not be valid for use 

11 in any area that received a notice under section 110(a)(2)(H)(ii) of the 

12 Clean Air Act (42 U.S.C. 7410(a)(2)(H)(ii)) (as in effect on November 14, 

13 1990) or under section 211110(i)(1) of this title that its applicable imple14 mentation plan containing the allowance is substantially inadequate. 

15 (c) OFFSETS.— 

16 (1) IN GENERAL.—The owner or operator of a new or modified 

17 major stationary source may comply with any offset requirement in ef18 fect under this chapter for increased emissions of any air pollutant only 

19 by obtaining emission reductions of the air pollutant from the same 

20 source or other sources in the same nonattainment area, except that 

21 the State may allow the owner or operator of a source to obtain the 

22 emission reductions in another nonattainment area if— 

23 (A) the other area has a nonattainment classification that is 

24 equal to or higher than that of the area in which the source is 

25 located; and 

26 (B) emissions from the other area contribute to a violation of 

27 the NAAQS in the nonattainment area in which the source is lo28 cated. 

29 (2) EMISSION REDUCTION REQUIREMENTS.—Emission reductions re30 quired under paragraph (1)— 

31 (A) shall be, by the time a new or modified source commences 

32 operation, in effect and enforceable; and 

33 (B) shall ensure that the total tonnage of increased emissions 

34 of the air pollutant from the new or modified source shall be offset 

35 by an equal or greater reduction, as applicable, in the actual emis36 sions of the air pollutant from the same or other sources in the 

37 area. 

38 (3) CREDITABILITY.—Emission reductions otherwise required by this 

39 division shall not be creditable as emissions reductions for purposes of 

40 any such offset requirement. Incidental emission reductions that are 

41 not otherwise required by this division shall be creditable as emission 


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1 reductions for such purposes if the emission reductions meet the re2 quirements of paragraph (1). 

3 (d) CONTROL TECHNOLOGY INFORMATION.—A State shall provide that 

4 control technology information from permits issued under this section will 

5 be promptly submitted to the Administrator for purposes of making such 

6 information available through the RACT/BACT/LAER clearinghouse to 

7 other States and to the general public. 

8 (e) ROCKET ENGINES OR MOTORS.— 

9 (1) IN GENERAL.—The permitting authority of a State shall allow 

10 a source to offset by alternative or innovative means emission increases 

11 from rocket engine and motor firing, and cleaning related to such fir12 ing, at an existing or modified major source that tests rocket engines 

13 or motors under the following conditions: 

14 (A) PURPOSE.—Any modification proposed is solely for the pur15 pose of expanding the testing of rocket engines or motors at an 

16 existing source that was permitted to test such engines on Novem17 ber 15, 1990. 

18 (B) OFFSETS.—The source demonstrates to the satisfaction of 

19 the permitting authority of the State that— 

20 (i) the source has used all reasonable means to obtain and 

21 utilize offsets, as determined on an annual basis, for the 

22 emissions increases beyond allowable levels; 

23 (ii) all available offsets are being used; and 

24 (iii) sufficient offsets are not available to the source. 

25 (C) NATIONAL SECURITY.—The source has obtained a written 

26 finding from the Department of Defense, Department of Trans27 portation, National Aeronautics and Space Administration, or 

28 other appropriate Federal agency that the testing of rocket motors 

29 or engines at the facility is required for a program essential to na30 tional security. 

31 (D) ALTERNATIVE MEASURE.—The source will comply with an 

32 alternative measure, imposed by the permitting authority, designed 

33 to offset any emission increases beyond permitted levels not di34 rectly offset by the source. 

35 (2) EMISSION FEE.—In lieu of imposing any alternative offset meas36 ures, the permitting authority may impose an emission fee to be paid 

37 to the permitting authority, which shall be in an amount not greater 

38 than 1.5 times the average cost of stationary source control measures 

39 adopted in that area during the previous 3 years. The permitting au40 thority shall utilize the fees in a manner that maximizes emission re41 ductions in that area. 


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1 § 215104. Planning procedures 

2 (a) IN GENERAL.— 

3 (1) UPDATED OR NEW PLANNING PROCEDURES.—For any ozone, 

4 carbon monoxide, or PM–10 nonattainment area, the State containing 

5 the area and elected officials of affected local governments shall, before 

6 the date required for submittal of the inventory described under section 

7 215203(a)(2) or 215303(a)(2) of this title, jointly review and update 

8 as necessary the planning procedures adopted pursuant to section 

9 174(a) of the Clean Air Act (42 U.S.C. 7504(a)) as in effect on No10 vember 14, 1990, or develop new planning procedures pursuant to this 

11 subsection, as appropriate. 

12 (2) DETERMINATION.—In preparing the procedures, the State and 

13 local elected officials shall determine which elements of a revised imple14 mentation plan will be developed, adopted, and implemented (through 

15 means including enforcement) by the State and which by local govern16 ments or regional agencies, or any combination of local governments, 

17 regional agencies, or the State. 

18 (3) PREPARATION.—The implementation plan required by this chap19 ter shall be prepared by an organization certified by the State, in con20 sultation with elected officials of local governments and in accordance 

21 with the determination under paragraph (2). 

22 (4) ORGANIZATION.—The organization shall include— 

23 (A) elected officials of local governments in the affected area; 

24 and 

25 (B) representatives of— 

26 (i) the State air quality planning agency; 

27 (ii) the State transportation planning agency; 

28 (iii) the metropolitan planning organization designated to 

29 conduct the continuing, cooperative, and comprehensive trans30 portation planning process for the area under section 134 of 

31 title 23; 

32 (iv) the organization responsible for the air quality mainte33 nance planning process under regulations implementing this 

34 division; and 

35 (v) any other organization with responsibilities for devel36 oping, submitting, or implementing the plan required by this 

37 chapter. 

38 (5) SAME ORGANIZATION.—The organization may be an organization 

39 that carried out the functions described in this subsection before No40 vember 15, 1990. 


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1 (b) COORDINATION.—The preparation of implementation plan provisions 

2 and subsequent plan revisions under the continuing transportation-air qual3 ity planning process described in section 211108(e) of this title shall be co4 ordinated with the continuing, cooperative, and comprehensive transpor5 tation planning process required under section 134 of title 23, and those 

6 planning processes shall take into account the requirements of this chapter. 

7 (c) JOINT PLANNING.—In the case of a nonattainment area that is in8 cluded within more than 1 State, the affected States may jointly, through 

9 interstate compact or otherwise, undertake and implement all or part of the 

10 planning procedures described in this section. 

11 § 215105. EPA grants 

12 (a) PLAN PROVISION DEVELOPMENT COSTS.—The Administrator shall 

13 make grants to any organization of local elected officials with transportation 

14 or air quality maintenance planning responsibilities recognized by a State 

15 under section 215104(a) of this title for payment of the reasonable costs 

16 of developing a plan provision under this chapter. 

17 (b) GRANT FUNDS.—The amount granted to any organization under sub18 section (a) shall be 100 percent of any additional costs of developing a plan 

19 provision under this chapter for the 1st 2 fiscal years following receipt of 

20 the grant under this paragraph, and shall supplement any funds available 

21 under Federal law to the organization for transportation or air quality 

22 maintenance planning. Grants under this section shall not be used for con23 struction. 

24 § 215106. Maintenance plans 

25 (a) PLAN PROVISION.—A State that submits a request under section 

26 211107(d) of this title for redesignation of a nonattainment area for any 

27 air pollutant as an area that has attained the primary NAAQS for that air 

28 pollutant shall submit an applicable State implementation plan provision 

29 that— 

30 (1) provides for the maintenance of the primary NAAQS for that air 

31 pollutant in the area for at least 10 years after the redesignation; and 

32 (2) contains such additional measures, if any, as may be necessary 

33 to ensure such maintenance. 

34 (b) SUBSEQUENT PLAN PROVISIONS.—Eight years after redesignation of 

35 any area as an attainment area under section 211107(d) of this title, the 

36 State shall submit to the Administrator an additional applicable State im37 plementation plan provision for maintaining the primary NAAQS for 10 

38 years after the expiration of the 10-year period described in subsection (a). 

39 (c) NONATTAINMENT REQUIREMENTS APPLICABLE PENDING PLAN AP40 PROVAL.—Until a plan provision under subsection (b) is approved and an 

41 area is redesignated as attainment for any area designated as a nonattainVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 ment area, the requirements of this chapter shall continue in effect with re2 spect to the area. 

3 (d) CONTINGENCY PROVISIONS.—A plan provision submitted under this 

4 section shall contain such contingency provisions as the Administrator con5 siders necessary to ensure that the State will promptly correct any violation 

6 of the standard that occurs after the redesignation of the area as an attain7 ment area. The contingency provisions shall include a requirement that the 

8 State will implement all measures with respect to the control of the air pol9 lutant concerned that were contained in the State implementation plan for 

10 the area before redesignation of the area as an attainment area. The failure 

11 of any area redesignated as an attainment area to maintain the NAAQS 

12 concerned shall not result in a requirement that the State revise its State 

13 implementation plan unless the Administrator, in the Administrator’s discre14 tion, requires the State to submit a revised State implementation plan. 

15 § 215107. Limitations on certain Federal assistance 

16 (a) ACTIVITIES NOT CONFORMING TO APPROVED OR PROMULGATED

17 PLANS.— 

18 (1) LIMITATION.— 

19 (A) IN GENERAL.—No department, agency, or instrumentality 

20 of the Federal Government shall engage in, support in any way 

21 or provide financial assistance for, license or permit, or approve 

22 any activity that does not conform to an implementation plan after 

23 the implementation plan has been approved or promulgated under 

24 section 211110 of this title. No metropolitan planning organiza25 tion designated under section 134 of title 23, shall give its ap26 proval to any project, program, or plan that does not conform to 

27 an implementation plan approved or promulgated under section 

28 211110 of this title. The assurance of conformity to such an im29 plementation plan shall be an affirmative responsibility of the head 

30 of a department, agency, or instrumentality. 

31 (B) CONFORMITY.—An activity shall be considered to conform 

32 to an implementation plan if the activity— 

33 (i) conforms to an implementation plan’s purpose of elimi34 nating or reducing the severity and number of violations of 

35 the NAAQSes and achieving expeditious attainment of the 

36 NAAQSes; and 

37 (ii) will not— 

38 (I) cause or contribute to any new violation of any 

39 NAAQS in any area; 

40 (II) increase the frequency or severity of any existing 

41 violation of any NAAQS in any area; or 


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1 (III) delay timely attainment of any NAAQS or any 

2 required interim emission reductions or other milestones 

3 in any area. 

4 (C) BASIS OF DETERMINATION.—The determination of con5 formity shall be based on the most recent estimates of emissions, 

6 and those estimates shall be determined from the most recent pop7 ulation, employment, travel, and congestion estimates as deter8 mined by the metropolitan planning organization or other agency 

9 authorized to make such estimates. 

10 (2) TRANSPORTATION PLANS AND PROGRAMS.— 

11 (A) IN GENERAL.—Any transportation plan or program devel12 oped pursuant to title 23 or chapter 53 of title 49 shall implement 

13 the transportation provisions of any applicable implementation 

14 plan approved under this division applicable to all or part of the 

15 area covered by the transportation plan or program. No Federal 

16 agency may approve, accept, or fund any transportation plan, pro17 gram, or project unless the plan, program, or project has been 

18 found to conform to any applicable implementation plan in effect 

19 under this division. 

20 (B) PARTICULAR CASES.—In particular— 

21 (i) no transportation plan or transportation improvement 

22 program may be adopted by a metropolitan planning organi23 zation designated under title 23 or chapter 53 of title 49, or 

24 be found to be in conformity by a metropolitan planning orga25 nization, until a final determination has been made that— 

26 (I) emissions expected from implementation of the 

27 plans and programs are consistent with estimates of 

28 emissions from motor vehicles and necessary emissions 

29 reductions contained in the applicable implementation 

30 plan; and 

31 (II) the plan or program will conform to the require32 ments of paragraph (1)(B)(ii); 

33 (ii) no metropolitan planning organization or other recipi34 ent of funds under title 23 or chapter 53 of title 49 shall 

35 adopt or approve a transportation improvement program of 

36 projects until the recipient of funds determines that the pro37 gram provides for timely implementation of transportation 

38 control measures consistent with schedules included in the ap39 plicable implementation plan; and 

40 (iii) a transportation project may be adopted or approved 

41 by a metropolitan planning organization or any recipient of 


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1 funds designated under title 23 or chapter 53 of title 49, or 

2 found in conformity by a metropolitan planning organization 

3 or approved, accepted, or funded by the Department of 

4 Transportation only if— 

5 (I) the transportation project meets the requirements 

6 of subparagraph (C); or 

7 (II)(aa) the transportation project comes from a con8 forming plan and program; 

9 (bb) the design concept and scope of the transpor10 tation project have not changed significantly since the 

11 conformity finding regarding the plan and program from 

12 which the project derived; and 

13 (cc) the design concept and scope of the transportation 

14 project at the time of the conformity determination for 

15 the program was adequate to determine emissions. 

16 (C) TREATMENT OF CERTAIN PROJECTS AS CONFORMING.—Any 

17 project not described in subparagraph (B)(iii) shall be treated as 

18 conforming to the applicable implementation plan only if it is dem19 onstrated that the projected emissions from the project, when con20 sidered together with emissions projected for the conforming 

21 transportation plans and programs within the nonattainment area, 

22 do not cause those plans and programs to exceed the emission re23 duction projections and schedules assigned to the plans and pro24 grams in the applicable implementation plan. 

25 (D) REDETERMINATION OF CONFORMITY.—The appropriate 

26 metropolitan planning organization shall redetermine conformity of 

27 existing transportation plans and programs not later than 2 years 

28 after the date on which the Administrator— 

29 (i) finds a motor vehicle emissions budget to be adequate 

30 in accordance with section 93.118(e)(4) of title 40, Code of 

31 Federal Regulations (as in effect on October 1, 2004); 

32 (ii) approves an implementation plan that establishes a 

33 motor vehicle emissions budget if that budget has not yet 

34 been determined to be adequate in accordance with clause (i); 

35 or 

36 (iii) promulgates an implementation plan that establishes 

37 or revises a motor vehicle emissions budget. 

38 (3) DEMONSTRATION OF CONFORMITY.— 

39 (A) IN GENERAL.—Until such time as the implementation plan 

40 provision described in paragraph (4)(E) is approved, conformity of 


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1 plans, programs, and projects described in this paragraph will be 

2 demonstrated if— 

3 (i) the transportation plans and programs— 

4 (I) are consistent with the most recent estimates of 

5 mobile source emissions; 

6 (II) provide for the expeditious implementation of 

7 transportation control measures in the applicable imple8 mentation plan; and 

9 (III) with respect to ozone and carbon monoxide non10 attainment areas, contribute to annual emissions reduc11 tions consistent with sections 215203(b)(2) and 

12 215303(a)(8) of this title; and 

13 (ii) the transportation projects— 

14 (I) come from a conforming transportation plan and 

15 program as defined in clause (i); and 

16 (II) in carbon monoxide nonattainment areas, elimi17 nate or reduce the severity and number of violations of 

18 the carbon monoxide standards in the area substantially 

19 affected by the project. 

20 (B) DETERMINATION FOR TRANSPORTATION PROGRAM OR INDI21 VIDUAL PROJECT.—With regard to subparagraph (A)(ii)(II), the 

22 determination may be made as part of the conformity determina23 tion for the transportation program or for the individual project 

24 taken as a whole during the environmental review phase of project 

25 development. 

26 (4) CRITERIA AND PROCEDURES FOR DETERMINING CONFORMITY.— 

27 (A) IN GENERAL.—The Administrator shall promulgate, and pe28 riodically update, criteria and procedures for determining con29 formity (except in the case of transportation plans, programs, and 

30 projects) of, and for keeping the Administrator informed about, 

31 the activities described in paragraph (1). 

32 (B) TRANSPORTATION PLANS, PROGRAMS, AND PROJECTS.—The 

33 Administrator, with the concurrence of the Secretary of Transpor34 tation, shall promulgate, and periodically update, criteria and pro35 cedures for demonstrating and ensuring conformity in the case of 

36 transportation plans, programs, and projects. 

37 (C) CIVIL ACTION TO COMPEL PROMULGATION.—A civil action 

38 may be brought against the Administrator and the Secretary of 

39 Transportation under section 203104 of this title to compel pro40 mulgation of criteria and procedures under subparagraphs (A) and 


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1 (B), and a United States district court shall have jurisdiction to 

2 order such promulgation. 

3 (D) REQUIREMENTS.—The procedures and criteria shall, at a 

4 minimum— 

5 (i) address the consultation procedures to be undertaken by 

6 metropolitan planning organizations and the Secretary of 

7 Transportation with State and local air quality agencies and 

8 State departments of transportation before the organizations 

9 and the Secretary make conformity determinations; 

10 (ii) address the appropriate frequency for making con11 formity determinations, but the frequency for making con12 formity determinations on updated transportation plans and 

13 programs shall be every 4 years, except in a case in which— 

14 (I) the metropolitan planning organization elects to 

15 update a transportation plan or program more fre16 quently; or 

17 (II) the metropolitan planning organization is required 

18 to determine conformity in accordance with paragraph 

19 (2)(D); and 

20 (iii) address how conformity determinations will be made 

21 with respect to maintenance plans. 

22 (E) INCLUSION OF CRITERIA AND PROCEDURES IN SIP.—The 

23 procedures under subparagraph (A) shall include a requirement 

24 that each State include in the State implementation plan criteria 

25 and procedures for consultation required by subparagraph (D)(i), 

26 and enforcement and enforceability (pursuant to sections 

27 93.125(c) and 93.122(a)(4)(ii) of title 40, Code of Federal Regu28 lations) in accordance with the Administrator’s criteria and proce29 dures for consultation, enforcement, and enforceability. 

30 (F) TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS.—Compli31 ance with the regulations of the Administrator for determining the 

32 conformity of transportation plans, programs, and projects funded 

33 or approved under title 23 or chapter 53 of title 49 to State or 

34 Federal implementation plans shall not be required for traffic sig35 nal synchronization projects prior to the funding, approval or im36 plementation of such projects. The supporting regional emissions 

37 analysis for any conformity determination made with respect to a 

38 transportation plan, program, or project shall consider the effect 

39 on emissions of any such project funded, approved, or imple40 mented prior to the conformity determination. 


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1 (5) APPLICABILITY.—This subsection shall apply only with respect 

2 to— 

3 (A) a nonattainment area and each pollutant for which the area 

4 is designated as a nonattainment area; and 

5 (B) an area that was designated as a nonattainment area but 

6 that was later redesignated by the Administrator as an attainment 

7 area and that is required to develop a maintenance plan under sec8 tion 215106 of this title with respect to the specific pollutant for 

9 which the area was designated nonattainment. 

10 (6) NONAPPLICABILITY.—Notwithstanding paragraph (5), this sub11 section shall not apply with respect to an area designated nonattain12 ment under section 211107(d)(1) of this title until 1 year after the 

13 area is first designated nonattainment for a specific NAAQS. This 

14 paragraph applies only with respect to the NAAQS for which an area 

15 is newly designated nonattainment and does not affect the area’s re16 quirements with respect to all other NAAQSes for which the area is 

17 designated nonattainment or has been redesignated from nonattain18 ment to attainment with a maintenance plan pursuant to section 

19 215106 of this title (including any pre-existing NAAQS for a pollutant 

20 for which a new or revised standard has been issued). 

21 (7) CONFORMITY HORIZON FOR TRANSPORTATION PLANS.— 

22 (A) DEFINITION OF AIR POLLUTION CONTROL AGENCY.—In this 

23 paragraph, the term ‘‘air pollution control agency’’ means an air 

24 pollution control agency (as defined in section 201101 of this title) 

25 that is responsible for developing plans or controlling air pollution 

26 within the area covered by a transportation plan. 

27 (B) IN GENERAL.—Each conformity determination required 

28 under this section for a transportation plan under section 134(i) 

29 of title 23 or section 5303(i) of title 49 shall require a demonstra30 tion of conformity for— 

31 (i) the period ending on the final year of the transportation 

32 plan; or 

33 (ii) at the election of the metropolitan planning organiza34 tion, after consultation with the air pollution control agency 

35 and solicitation of public comments and consideration of the 

36 comments, the longest of the following periods: 

37 (I) The 1st 10-year period of the transportation plan. 

38 (II) The period ending on the latest year in the imple39 mentation plan applicable to the area that contains a 

40 motor vehicle emission budget. 


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1 (III) The period ending on the year after the comple2 tion date of a regionally significant project if the project 

3 is included in the transportation improvement program 

4 or the project requires approval before the subsequent 

5 conformity determination. 

6 (C) REGIONAL EMISSIONS ANALYSIS.—The conformity deter7 mination shall be accompanied by a regional emissions analysis for 

8 the last year of the transportation plan and for any year shown 

9 to exceed emission budgets by a prior analysis, if that year extends 

10 beyond the applicable period as determined under subparagraph 

11 (B). 

12 (D) EXCEPTION.—In any case in which an area has an imple13 mentation plan provision under section 215106(b) of this title and 

14 the Administrator finds the motor vehicles emissions budgets from 

15 that revision to be adequate in accordance with section 

16 93.118(e)(4) of title 40, Code of Federal Regulations (as in effect 

17 on October 1, 2004), or approves the provision, the demonstration 

18 of conformity, at the election of the metropolitan planning organi19 zation, after consultation with the air pollution control agency and 

20 solicitation of public comments and consideration of such com21 ments, shall be required to extend only through the last year of 

22 the implementation plan required under section 215106(b) of this 

23 title. 

24 (E) EFFECT OF ELECTION.—Any election by a metropolitan 

25 planning organization under this paragraph shall continue in ef26 fect until the metropolitan planning organization elects otherwise. 

27 (8) SUBSTITUTION OF TRANSPORTATION CONTROL MEASURES.— 

28 (A) IN GENERAL.—Transportation control measures that are 

29 specified in an implementation plan may be replaced or added to 

30 the implementation plan with alternate or additional transpor31 tation control measures if— 

32 (i) the substitute measures achieve equivalent or greater 

33 emissions reductions than the control measure to be replaced, 

34 as demonstrated with an emissions impact analysis that is 

35 consistent with the current methodology used for evaluating 

36 the replaced control measure in the implementation plan; 

37 (ii) the substitute control measures are implemented— 

38 (I) in accordance with a schedule that is consistent 

39 with the schedule provided for control measures in the 

40 implementation plan; or 


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1 (II) if the implementation plan date for implementa2 tion of the control measure to be replaced has passed, as 

3 soon as practicable after the implementation plan date 

4 but not later than the date on which emission reductions 

5 are necessary to achieve the purpose of the implementa6 tion plan; 

7 (iii) the substitute and additional control measures are ac8 companied by evidence of adequate personnel and funding 

9 and authority under State or local law to implement, monitor, 

10 and enforce the control measures; 

11 (iv) the substitute and additional control measures are de12 veloped through a collaborative process that includes— 

13 (I) participation by representatives of all affected ju14 risdictions (including local air pollution control agencies, 

15 the State air pollution control agency, and State and 

16 local transportation agencies); 

17 (II) consultation with the Administrator; and 

18 (III) reasonable public notice and opportunity for com19 ment; and 

20 (v) the metropolitan planning organization, the State air 

21 pollution control agency, and the Administrator concur with 

22 the equivalency of the substitute or additional control meas23 ures. 

24 (B) ADOPTION.— 

25 (i) EFFECT OF CONCURRENCE.—Concurrence by the met26 ropolitan planning organization, the State air pollution con27 trol agency, and the Administrator as required by subpara28 graph (A)(v) shall constitute adoption of the substitute or ad29 ditional control measures so long as the requirements of 

30 clauses (i), (ii), (iii) and (iv) of subparagraph (A) are met. 

31 (ii) STATE IMPLEMENTATION PLAN; FEDERAL ENFORCE32 ABILITY.—Once adopted, the substitute or additional control 

33 measures become, by operation of law, part of the State im34 plementation plan and become federally enforceable. 

35 (iii) SUBMITTAL.—Within 90 days of its concurrence under 

36 subparagraph (A)(v), the State air pollution control agency 

37 shall submit the substitute or additional control measure to 

38 the Administrator for incorporation in the codification of the 

39 applicable implementation plan. 


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1 (iv) NO ADDITIONAL PROCESS.—Notwithstanding any other 

2 provision of this division, no additional State process shall be 

3 necessary to support such an applicable plan provision. 

4 (C) NO REQUIREMENT FOR EXPRESS PERMISSION.—The substi5 tution or addition of a transportation control measure in accord6 ance with this paragraph and the funding or approval of such a 

7 control measure shall not be contingent on the existence of any 

8 provision in the applicable implementation plan that expressly per9 mits such a substitution or addition. 

10 (D) NO REQUIREMENT FOR NEW CONFORMITY DETERMINA11 TION.—The substitution or addition of a transportation control 

12 measure in accordance with this paragraph shall not require— 

13 (i) a new conformity determination for the transportation 

14 plan; or 

15 (ii) a revision of the implementation plan. 

16 (E) CONTINUATION OF CONTROL MEASURE BEING REPLACED.— 

17 A control measure that is being replaced by a substitute control 

18 measure under this paragraph shall remain in effect until the sub19 stitute control measure is adopted by the State pursuant to sub20 paragraph (B). 

21 (F) EFFECT OF ADOPTION.—Adoption of a substitute control 

22 measure shall constitute rescission of the previously applicable 

23 control measure. 

24 (9) LAPSE OF CONFORMITY.— 

25 (A) IN GENERAL.—A transportation plan shall lapse if— 

26 (i) a conformity determination required under this sub27 section for a transportation plan under section 134(i) of title 

28 23 or section 5303(i) of title 49, or a transportation improve29 ment program under section 134(j) of title 23 or under sec30 tion 5303(j) of title 49 is not made by the applicable dead31 line; and 

32 (ii) the failure to make a conformity determination is not 

33 corrected by— 

34 (I) additional measures to reduce motor vehicle emis35 sions sufficient to demonstrate compliance with the re36 quirements of this subsection within 12 months after the 

37 deadline; or 

38 (II) other measures sufficient to correct the failures. 

39 (B) EFFECT OF LAPSE.—If a transportation plan lapses under 

40 subparagraph (A)— 


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1 (i) the conformity determination for the transportation plan 

2 or transportation improvement program expires; and 

3 (ii) there is no currently conforming transportation plan or 

4 transportation improvement program. 

5 (b) PRIORITY OF ACHIEVING AND MAINTAINING PRIMARY NAAQSES.— 

6 Each department, agency, or instrumentality of the Federal Government 

7 having authority to conduct or support any program with air quality-related 

8 transportation consequences shall give priority in the exercise of that au9 thority, consistent with statutory requirements for allocation among States 

10 or other jurisdictions, to the implementation of the portions of plans pre11 pared under this section to achieve and maintain the primary NAAQS. The 

12 authority to which this subsection extends includes authority exercised 

13 under chapter 53 of title 49, title 23, the Housing and Urban Development 

14 Act of 1965 (79 Stat. 451), the Housing and Urban Development Act of 

15 1968 (82 Stat. 476), the Housing and Urban Development Act of 1969 (83 

16 Stat. 379), and the Housing and Urban Development Act of 1970 (84 Stat. 

17 1770). 

18 § 215108. Interstate transport commissions 

19 (a) INTERSTATE TRANSPORT REGIONS.— 

20 (1) ESTABLISHMENT.—When, on the Administrator’s own motion or 

21 by petition from the Governor of any State, the Administrator has rea22 son to believe that the interstate transport of air pollutants from 1 or 

23 more States contributes significantly to a violation of a NAAQS in 1 

24 or more other States, the Administrator may establish, by regulation, 

25 an interstate transport region for the pollutant that includes those 

26 States. 

27 (2) ADDITION AND REMOVAL OF STATES.—The Administrator, on 

28 the Administrator’s own motion, on petition from the Governor of any 

29 State, or on the recommendation of an interstate transport commission 

30 established under subsection (b), may— 

31 (A) add any State or portion of a State to an interstate trans32 port region established under this subsection when the Adminis33 trator has reason to believe that the interstate transport of air pol34 lutants from that State significantly contributes to a violation of 

35 the NAAQS in the interstate transport region; or 

36 (B) remove any State or portion of a State from an interstate 

37 transport region when the Administrator has reason to believe that 

38 the control of emissions in that State or portion of the State pur39 suant to this section will not significantly contribute to the attain40 ment of the NAAQS in any area in the interstate transport region. 

41 (3) PROCEDURE.— 


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1 (A) APPROVAL OR DISAPPROVAL.—The Administrator shall ap2 prove or disapprove a petition or recommendation under subpara3 graph (A) or (B) of paragraph (2) within 18 months after its re4 ceipt. 

5 (B) PUBLIC PARTICIPATION.—The Administrator shall establish 

6 appropriate proceedings for public participation regarding motions, 

7 petitions, and recommendations under subparagraphs (A) and (B) 

8 of paragraph (2), including notice and comment. 

9 (b) INTERSTATE TRANSPORT COMMISSIONS.— 

10 (1) ESTABLISHMENT.—When the Administrator establishes an inter11 state transport region under subsection (a), the Administrator shall es12 tablish a transport commission comprised of (at a minimum) each of 

13 the following members: 

14 (A) The Governor of each State in the interstate transport re15 gion or the Governor’s designee. 

16 (B) The Administrator, or the Administrator’s designee. 

17 (C) The Regional Administrator (or the Administrator’s des18 ignee) for each Regional Office for each EPA region affected by 

19 the interstate transport region. 

20 (D) An air pollution control official representing each State in 

21 the interstate transport region, appointed by the Governor. 

22 (2) VOTING.—Decisions of, and recommendations and requests to 

23 the Administrator, by an interstate transport commission may be made 

24 only by a majority vote of all members other than the Administrator 

25 and the Regional Administrators (or designees). 

26 (3) RECOMMENDATIONS.—An interstate transport commission 

27 shall— 

28 (A) assess the degree of interstate transport of the pollutant or 

29 precursors to the pollutant throughout the interstate transport re30 gion; 

31 (B) assess strategies for mitigating the interstate pollution; and 

32 (C) recommend to the Administrator such measures as the 

33 interstate transport commission determines to be necessary to en34 sure that the implementation plans for the States in the interstate 

35 transport region meet the requirements of section 

36 211110(a)(3)(D) of this title. 

37 (4) FEDERAL ADVISORY COMMITTEE ACT.—An interstate transport 

38 commission shall not be subject to the Federal Advisory Committee Act 

39 (5 U.S.C. App.). 

40 (c) COMMISSION REQUESTS.— 


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1 (1) REQUEST.—An interstate transport commission may request the 

2 Administrator to issue a finding under section 211110(i)(5) of this title 

3 that the implementation plan for 1 or more of the States in the inter4 state transport region is substantially inadequate to meet the require5 ments of section 211110(a)(3)(D) of this title. 

6 (2) PUBLIC PARTICIPATION; SPECIFIC RECOMMENDATIONS.—In act7 ing on a request under paragraph (1), the Administrator shall provide 

8 an opportunity for public participation and shall address each specific 

9 recommendation made by the commission. 

10 (3) APPROVAL OR DISAPPROVAL.—The Administrator shall approve, 

11 disapprove, or partially approve and partially disapprove a request 

12 under paragraph (1) within 18 months after its receipt and, to the ex13 tent that the Administrator approves the request, issue the finding 

14 under section 211110(i)(5) of this title at the time of approval. Ap15 proval or disapproval of a request shall constitute final agency action 

16 within the meaning of section 203102(b) of this title. 

17 § 215109. New motor vehicle emission standards in non18 attainment areas 

19 (a) IN GENERAL.—Notwithstanding section 221109(a) of this title, any 

20 State that has implementation plan provisions approved under this chapter 

21 may adopt and enforce for any model year standards relating to control of 

22 emissions from new motor vehicles or new motor vehicle engines and take 

23 such other actions as are described in section 221109(a) of this title re24 specting such vehicles if— 

25 (1) the standards are identical to the California standards for which 

26 a waiver has been granted for that model year; and 

27 (2) California and that State adopt the standards at least 2 years 

28 before commencement of the model year (as determined by regulations 

29 of the Administrator). 

30 (b) EFFECT OF SECTION.—Nothing in this section or in subdivision 3 

31 shall be construed as authorizing any State described in subsection (a) to— 

32 (1) prohibit or limit, directly or indirectly, the manufacture or sale 

33 of a new motor vehicle or motor vehicle engine that is certified in Cali34 fornia as meeting California standards; or 

35 (2) take any action to create, or have the effect of creating, a motor 

36 vehicle or motor vehicle engine different from a motor vehicle or engine 

37 certified in California under California standards (referred to in this 

38 section as a ‘‘3d vehicle’’) or otherwise create a 3d vehicle. 


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1 § 215110. Guidance documents respecting the lowest achiev2 able emission rate 

3 (a) IN GENERAL.—The Administrator shall issue guidance documents 

4 under section 211108 of this title for purposes of assisting States in imple5 menting requirements of this chapter respecting the lowest achievable emis6 sion rate. 

7 (b) REVISION.—The guidance documents shall be revised at least every 

8 2 years. 

9 § 215111. Sanctions and consequences of failure to attain 

10 (a) STATE FAILURE.— 

11 (1) IN GENERAL.—Except as provided in paragraph (2), for any im12 plementation plan or plan revision required under this chapter (or re13 quired in response to a finding of substantial inadequacy as described 

14 in section 211110(i)(5) of this title), if the Administrator— 

15 (A) finds that a State has failed, for an area designated non16 attainment under section 211107(d) of this title, to submit a plan, 

17 or to submit 1 or more of the elements (as determined by the Ad18 ministrator) required by the provisions of this division applicable 

19 to such an area, or has failed to make a submission for such an 

20 area that satisfies the minimum criteria established in relation to 

21 any such element under section 211110(i) of this title; 

22 (B) disapproves a submission under section 211110(i) of this 

23 title for an area designated nonattainment under section 211107 

24 of this title, based on the submission’s failure to meet 1 or more 

25 of the elements required by the provisions of this division applica26 ble to such an area; 

27 (C)(i) determines that a State has failed to make any submis28 sion as required under this division (other than a submission de29 scribed under subparagraph (A) or (B)), including an adequate 

30 maintenance plan that satisfies the minimum criteria established 

31 in relation to the submission under section 211110(i)(1)(A) of this 

32 title; or 

33 (ii) disapproves in whole or in part a submission under section 

34 211110(i)(1)(A) of this title; or 

35 (D) finds that any requirement of an approved plan (or ap36 proved part of a plan) is not being implemented; 

37 unless the deficiency is corrected within 18 months after the finding, 

38 disapproval, or determination under subparagraph (A), (B), (C), or 

39 (D), 1 of the sanctions described in subsection (b) shall apply, as se40 lected by the Administrator, until the Administrator determines that 

41 the State has come into compliance. 


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1 (2) LACK OF GOOD FAITH.—If the Administrator finds a lack of 

2 good faith, sanctions under both paragraphs (2) and (3) of subsection 

3 (b) shall apply until the Administrator determines that the State has 

4 come into compliance. 

5 (3) DEFICIENCY NOT CORRECTED WITHIN 6 MONTHS.—If the Ad6 ministrator has selected 1 of the sanctions under subsection (b) and 

7 the deficiency is not corrected within 6 months thereafter, sanctions 

8 under both paragraphs (2) and (3) of subsection (b) shall apply until 

9 the Administrator determines that the State has come into compliance. 

10 (4) WITHHOLDING OF GRANT.—In addition to any other sanction ap11 plicable as provided in this section, the Administrator may withhold all 

12 or part of a grant for support of air pollution planning and control pro13 grams that the Administrator may award under section 211105 of this 

14 title. 

15 (b) SANCTIONS.— 

16 (1) IN GENERAL.—The sanctions available to the Administrator 

17 under subsection (a) are as provided in this subsection. 

18 (2) HIGHWAY SANCTIONS.— 

19 (A) IN GENERAL.—The Administrator may impose a prohibi20 tion, applicable to a nonattainment area, on the approval by the 

21 Secretary of Transportation of any projects or the awarding by the 

22 Secretary of any grants under title 23, other than a project or 

23 grant for— 

24 (i) safety, if the Secretary determines, based on accident or 

25 other appropriate data submitted by the State, that the prin26 cipal purpose of the project is an improvement in safety to 

27 resolve a demonstrated safety problem and likely will result 

28 in a significant reduction in, or avoidance of, accidents; 

29 (ii) capital programs for public transit; 

30 (iii) construction or restriction of certain roads or lanes 

31 solely for the use of passenger buses or high occupancy vehi32 cles; 

33 (iv) planning for requirements for employers to reduce em34 ployee work-trip-related vehicle emissions; 

35 (v) highway ramp metering, traffic signalization, and re36 lated programs that improve traffic flow and achieve a net 

37 emission reduction; 

38 (vi) fringe and transportation corridor parking facilities 

39 serving multiple occupancy vehicle programs or transit oper40 ations; 


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1 (vii) programs to limit or restrict vehicle use in downtown 

2 areas or other areas of emission concentration particularly 

3 during periods of peak use, through road use charges, tolls, 

4 parking surcharges, or other pricing mechanisms, vehicle re5 stricted zones or periods, or vehicle registration programs; 

6 (viii) programs for breakdown and accident scene manage7 ment, nonrecurring congestion, and vehicle information sys8 tems, to reduce congestion and emissions; and 

9 (ix) such other transportation-related programs as the Ad10 ministrator, in consultation with the Secretary of Transpor11 tation, finds would improve air quality and would not encour12 age single occupancy vehicle capacity. 

13 (B) CONSIDERATIONS.—In considering measures described in 

14 clauses (ii) through (ix) of subparagraph (A), a State should seek 

15 to ensure adequate access to downtown, other commercial, and 

16 residential areas and avoid increasing or relocating emissions and 

17 congestion. 

18 (C) EFFECTIVE DATE.—A prohibition under subparagraph (A) 

19 shall become effective on the selection by the Administrator of the 

20 sanction. 

21 (3) OFFSETS.—In applying the emissions offset requirements of sec22 tion 215103 of this title to new or modified sources or emissions units 

23 for which a permit is required under this chapter, the ratio of emission 

24 reductions to increased emissions shall be at least 2 to 1. 

25 (c) NOTICE OF FAILURE TO ATTAIN.— 

26 (1) DETERMINATION.—As expeditiously as practicable after the ap27 plicable attainment date for any nonattainment area, but not later than 

28 6 months after that date, the Administrator shall determine, based on 

29 the area’s air quality as of the attainment date, whether the area at30 tained the standard by that date. 

31 (2) NOTICE.—On making a determination under paragraph (1), the 

32 Administrator shall publish a notice in the Federal Register containing 

33 the determination and identifying each area that the Administrator de34 termined to have failed to attain. 

35 (3) REVISION OR SUPPLEMENTATION.—The Administrator may re36 vise or supplement a determination under paragraph (1) at any time 

37 based on more complete information or analysis concerning the area’s 

38 air quality as of the attainment date. 

39 (d) CONSEQUENCES FOR FAILURE TO ATTAIN.— 

40 (1) REVISION OF IMPLEMENTATION PLAN.—Within 1 year after the 

41 Administrator publishes a notice under subsection (c)(2), each State 


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1 containing a nonattainment area shall submit a revision to the applica2 ble implementation plan meeting the requirements of paragraph (2). 

3 (2) REQUIREMENTS.—A revision required under paragraph (1) 

4 shall— 

5 (A) meet the requirements of sections 211110 and 215102 of 

6 this title; and 

7 (B) include such additional measures as the Administrator may 

8 reasonably prescribe, including all measures that can be feasibly 

9 implemented in the area in light of technological achievability, 

10 costs, and other air quality-related and non-air-quality-related 

11 health and environmental impacts. 

12 (3) ATTAINMENT DATE.—The attainment date applicable to a revi13 sion required under paragraph (1) shall be the same as provided in 

14 paragraph (2) of section 215102(a) of this title, except that in applying 

15 subparagraph (A) of that paragraph the phrase ‘‘after the date of the 

16 notice under section 215111(c)(2) of this title’’ shall be substituted for 

17 the phrase ‘‘after the date on which the area was designated nonattain18 ment under section 211107(d) of this title’’ and for the phrase ‘‘after 

19 the date of designation as nonattainment’’. 

20 § 215112. International border areas 

21 (a) IMPLEMENTATION PLANS AND REVISIONS.—Notwithstanding any 

22 other provision of law, an implementation plan or plan revision required 

23 under this division shall be approved by the Administrator if— 

24 (1) the implementation plan or revision meets all the requirements 

25 applicable to it under this division other than a requirement that the 

26 implementation plan or revision demonstrate attainment and mainte27 nance of the relevant NAAQSes by the attainment date specified under 

28 the applicable provision of this division (including a regulation promul29 gated under that provision); and 

30 (2) the submitting State establishes to the satisfaction of the Admin31 istrator that the implementation plan would be adequate to attain and 

32 maintain the relevant NAAQSes by the attainment date specified under 

33 the applicable provision of this division (including a regulation promul34 gated under that provision) but for emissions emanating from outside 

35 the United States. 

36 (b) ATTAINMENT OF OZONE LEVELS.—Notwithstanding any other provi37 sion of law, a State that establishes to the satisfaction of the Administrator 

38 that, with respect to an ozone nonattainment area in the State, the State 

39 would have attained the NAAQS for ozone by the applicable attainment 

40 date but for emissions emanating from outside the United States, shall not 


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1 be subject to paragraph (2) or (5) of section 215202(a) or section 215206 

2 of this title. 

3 (c) ATTAINMENT OF CARBON MONOXIDE LEVELS.—Notwithstanding any 

4 other provision of law, a State that establishes to the satisfaction of the Ad5 ministrator that, with respect to a carbon monoxide nonattainment area in 

6 the State, the State has attained the NAAQS for carbon monoxide by the 

7 applicable attainment date but for emissions emanating from outside the 

8 United States, shall not be subject to section 215302(b)(2) of this title. 

9 (d) ATTAINMENT OF PM–10 LEVELS.—Notwithstanding any other provi10 sion of law, a State that establishes to the satisfaction of the Administrator 

11 that, with respect to a PM–10 nonattainment area in the State, the State 

12 would have attained the NAAQS for carbon monoxide by the applicable at13 tainment date but for emissions emanating from outside the United States, 

14 shall not be subject to section 215402(b)(2) of this title. 

15 Subchapter II—Additional Provisions for 

16 Ozone Nonattainment Areas 

17 § 215201. Definitions 

18 In this subchapter: 

19 (1) APPLICABLE MILESTONE.—The term ‘‘applicable milestone’’ 

20 means a reduction in omissions described in section 215203(g)(1) of 

21 this title. 

22 (2) EXTREME AREA.—The term ‘‘extreme area’’ means an area that 

23 is classified as an extreme area under section 215202 of this title. 

24 (3) MARGINAL AREA.—The term ‘‘marginal area’’ means an area 

25 that is classified as a marginal area under section 215202 of this title. 

26 (4) MODERATE AREA.—The term ‘‘moderate area’’ means an area 

27 that is classified as a moderate area under section 215202 of this title. 

28 (5) NEXT HIGHER CLASSIFICATION.—The term ‘‘next higher classi29 fication’’, with respect to a classification related to any set of design 

30 values in table 1, means the classification that is related to the next 

31 higher set of design values in table 1. 

32 (6) SERIOUS AREA.—The term ‘‘serious area’’ means an area that 

33 is classified as a serious area under section 215202 of this title. 

34 (7) SEVERE AREA.—The term ‘‘severe area’’ means an area that is 

35 classified as a severe area under section 215202 of this title. 

36 (8) TABLE 1.—The term ‘‘table 1’’ means table 1 in section 

37 215202(a)(1) of this title. 

38 § 215202. Classifications and attainment dates 

39 (a) CLASSIFICATION AND ATTAINMENT DATES FOR 1989 NONATTAIN40 MENT AREAS.— 


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1 (1) IN GENERAL.—Each area designated nonattainment for ozone 

2 pursuant to section 211107(d) of this title shall be classified at the 

3 time of designation, under table 1, by operation of law, as a marginal 

4 area, moderate area, serious area, severe area, or extreme area based 

5 on the design value for the area. The design value shall be calculated 

6 according to the interpretation methodology issued by the Adminis7 trator most recently before November 15, 1990. For each area classi8 fied under this subsection, the primary standard attainment date for 

9 ozone shall be achieved as expeditiously as practicable but not later 

10 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 November 15, 

1990 

Moderate .................................................................... 0.138 up to 0.160 ...... 6 years after November 15, 

1990 

Serious ....................................................................... 0.160 up to 0.180 ...... 9 years after November 15,

1990 

Severe ......................................................................... 0.180 up to 0.280 ...... 15 years after November 

15, 1990 

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

15, 1990 

*The design value is measured in parts per million (ppm). 

**The primary standard attainment date is measured from November 15, 1990. 

11 (2) CERTAIN SEVERE AREAS.—Notwithstanding table 1, in the case 

12 of a severe area with a 1988 ozone design value between 0.190 and 

13 0.280 part per million, the attainment date shall be 17 years (in lieu 

14 of 15 years) after November 15, 1990. 

15 (3) NOTICE.—At the time of publication of the notice under section 

16 211107(d)(4) of this title for each ozone nonattainment area, the Ad17 ministrator shall publish a notice announcing the classification of the 

18 ozone nonattainment area. Section 215102(a)(1)(B) of this title shall 

19 apply to such a classification. 

20 (4) ADJUSTMENT.— 

21 (A) IN GENERAL.—If an area classified under paragraph (1) 

22 would have been classified in another category if the design value 

23 in the area were 5 percent greater or 5 percent less than the level 

24 on which the classification was based, the Administrator may, 

25 within 90 days after the initial classification, by the procedure re26 quired under paragraph (3), adjust the classification to place the 

27 area in the other category. 

28 (B) CONSIDERATIONS.—In making an adjustment under sub29 paragraph (A), the Administrator may consider— 

30 (i) the number of exceedances of the primary NAAQS for 

31 ozone in the area; 


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1 (ii) the level of pollution transport between the area and 

2 other affected areas, including both intrastate and interstate 

3 transport; and 

4 (iii) the mix of sources and air pollutants in the area. 

5 (5) EXTENSION.— 

6 (A) IN GENERAL.—On application by any State, the Adminis7 trator may extend for 1 additional year (referred to in this para8 graph as an ‘‘extension year’’) the date specified in table 1 if— 

9 (i) the State has complied with all requirements and com10 mitments pertaining to the area in the applicable implementa11 tion plan; and 

12 (ii) not more than 1 exceedance of the NAAQS level for 

13 ozone has occurred in the area in the year preceding the ex14 tension year. 

15 (B) LIMITATION.—Not more than 2 one-year extensions may be 

16 issued under this paragraph for a single nonattainment area. 

17 (b) NEW DESIGNATIONS AND RECLASSIFICATIONS.— 

18 (1) NEW DESIGNATIONS TO NONATTAINMENT.—Any area that is 

19 designated attainment or unclassifiable for ozone under section 

20 211107(d)(4) of this title and is subsequently redesignated to non21 attainment for ozone under section 211107(d)(3) of this title shall, at 

22 the time of redesignation, be classified by operation of law in accord23 ance with table 1. Upon its classification, the area shall be subject to 

24 the same requirements under section 211110 of this title, subchapter 

25 I, and this subchapter that would have applied had the area been so 

26 classified at the time of the notice under subsection (a)(3), except that 

27 any absolute, fixed date applicable in connection with any such require28 ment is extended by operation of law by a period equal to the length 

29 of time between November 15, 1990, and the date on which the area 

30 is classified under this paragraph. 

31 (2) RECLASSIFICATION ON FAILURE TO ATTAIN.— 

32 (A) DETERMINATION.—Within 6 months following the applica33 ble attainment date (including any extension) for an ozone non34 attainment area, the Administrator shall determine, based on the 

35 area’s design value (as of the attainment date), whether the area 

36 attained the NAAQS by that date. 

37 (B) RECLASSIFICATION.—Except for any severe area or extreme 

38 area, any area that the Administrator finds has not attained the 

39 NAAQS by that date shall be reclassified by operation of law in 

40 accordance with table 1 to the higher of— 

41 (i) the next higher classification for the area; or 


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1 (ii) the classification applicable to the area’s design value 

2 as determined at the time of the notice required under sub3 paragraph (D). 

4 (C) NO RECLASSIFICATION AS EXTREME AREA.—No area shall 

5 be reclassified as an extreme area under subparagraph (B)(ii). 

6 (D) NOTICE.—The Administrator shall publish a notice in the 

7 Federal Register, not later than 6 months following the attain8 ment date, identifying each area that the Administrator has deter9 mined under subparagraph (A) as having failed to attain and iden10 tifying the reclassification, if any, described under subparagraph 

11 (B). 

12 (3) VOLUNTARY RECLASSIFICATION.—The Administrator shall grant 

13 the request of any State to reclassify a nonattainment area in that 

14 State in accordance with table 1 to a higher classification. The Admin15 istrator shall publish a notice in the Federal Register of any such re16 quest and of action by the Administrator granting the request. 

17 (4) FAILURE OF SEVERE AREA TO ATTAIN STANDARD.— 

18 (A) IN GENERAL.— 

19 (i) SANCTIONS.—If any severe area fails to achieve the pri20 mary NAAQS for ozone by the applicable attainment date 

21 (including any extension)— 

22 (I) the fee provisions under section 215206 of this 

23 title shall apply within the severe area; and 

24 (II)(aa) the percent reduction requirements of section 

25 215203(c)(4)(C) of this title shall continue to apply to 

26 the severe area; and 

27 (bb) the State shall demonstrate that the required per28 cent reduction has been achieved in each 3-year interval 

29 after such failure until the standard is attained. 

30 (ii) FAILURE TO MAKE DEMONSTRATION.—Any failure to 

31 make a demonstration under clause (i)(II)(bb) shall be sub32 ject to the sanctions provided under this chapter. 

33 (B) DESIGN VALUE ABOVE 0.140 PART PER MILLION OR FAIL34 URE TO ACHIEVE MILESTONE.—In addition to the requirements of 

35 subparagraph (A), if the ozone design value for a severe area de36 scribed in subparagraph (A) is above 0.140 part per million for 

37 the year of the applicable attainment date, or if the severe area 

38 has failed to achieve its most recent milestone under section 

39 215203(g) of this title, the new source review requirements appli40 cable under this subchapter in extreme areas shall apply in the se41 vere area, for which purpose the terms ‘‘major source’’ and ‘‘major 


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1 stationary source’’ as applied to the severe area shall have the 

2 same meaning as when applied to extreme areas. 

3 (C) ADDITIONAL REQUIREMENTS.—In addition to the require4 ments of subparagraph (A), in the case of an area described in 

5 subparagraph (A) and not described in subparagraph (B), the pro6 visions described in subparagraph (B) shall apply beginning 3 

7 years after the applicable attainment date unless the area has at8 tained the standard by the end of that 3-year period. 

9 (D) MODIFICATION OF METHOD OF DETERMINING COMPLI10 ANCE.—If the Administrator modifies the method of determining 

11 compliance with the primary NAAQS, a design value or other indi12 cator comparable to 0.140 part per million in terms of its relation13 ship to the standard shall be used in lieu of 0.140 part per million 

14 for purposes of applying subparagraphs (B) and (C). 

15 § 215203. Plan provisions 

16 (a) MARGINAL AREAS.— 

17 (1) IN GENERAL.—Each State in which all or part of a marginal 

18 area is located shall, with respect to the marginal area (or portion 

19 thereof, to the extent specified in this subsection), include in its appli20 cable implementation plan the provisions (including the plan items) de21 scribed under this subsection. 

22 (2) INVENTORY.—A State shall submit a comprehensive, accurate, 

23 current inventory of actual emissions from all sources, as described in 

24 section 215102(c)(3) of this title, in accordance with guidance provided 

25 by the Administrator. 

26 (3) CORRECTIONS TO STATE IMPLEMENTATION PLAN.— 

27 (A) IN GENERAL.—Within the periods prescribed in this para28 graph, a State shall meet the requirements stated in subpara29 graphs (B) and (C). 

30 (B) REASONABLY AVAILABLE CONTROL TECHNOLOGY CORREC31 TIONS.—For any marginal area (or, in the Administrator’s discre32 tion, any portion of a marginal area), a State applicable implemen33 tation plan shall include, within 6 months after the date of classi34 fication under section 215202(a) of this title, such requirements 

35 concerning reasonably available control technology as were re36 quired under section 172(b) of the Clean Air Act (42 U.S.C. 

37 7502(b)) as in effect on November 14, 1990, as interpreted in 

38 guidance issued by the Administrator under section 108 of the 

39 Clean Air Act (42 U.S.C. 7408) before November 15, 1990. 

40 (C) VEHICLE INSPECTION AND MAINTENANCE.— 


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1 (i) STRINGENCY.—For any marginal area (or, in the Ad2 ministrator’s discretion, any portion of a marginal area), the 

3 plan for which includes, or was required by section 

4 172(b)(11)(B) of the Clean Air Act (42 U.S.C. 

5 7502(b)(11)(B)) (as in effect before November 15, 1990) to 

6 include, a specific schedule for implementation of a vehicle 

7 emission control inspection and maintenance program, a 

8 State applicable implementation plan shall include any provi9 sions necessary to provide for a vehicle inspection and mainte10 nance program of no less stringency than that of the more 

11 stringent of— 

12 (I) the program defined in House Report No. 95–294, 

13 95th Congress, 1st Session, 281–291 (1977), as inter14 preted in guidance of the Administrator issued pursuant 

15 to section 172(b)(11)(B) of the Clean Air Act (42 U.S.C. 

16 7502(b)(11)(B)) (as in effect before November 15, 

17 1990); or 

18 (II) the program previously included in the plan. 

19 (ii) GUIDANCE.— 

20 (I) IN GENERAL.—The Administrator shall review, re21 vise, update, and republish in the Federal Register the 

22 guidance for the States for motor vehicle inspection and 

23 maintenance programs required by this division, taking 

24 into consideration the Administrator’s investigations and 

25 audits of the program. 

26 (II) COVERAGE.—The guidance shall, at a minimum, 

27 cover— 

28 (aa) the frequency of inspections; 

29 (bb) the types of vehicles to be inspected (which 

30 shall include leased vehicles that are registered in 

31 the nonattainment area); 

32 (cc) vehicle maintenance by owners and operators; 

33 (dd) audits by the State; 

34 (ee) the test method and measures, including 

35 whether centralized or decentralized; 

36 (ff) inspection methods and procedures; 

37 (gg) quality of inspection; 

38 (hh) components covered; 

39 (ii) assurance that a vehicle subject to a recall no40 tice from a manufacturer has complied with that no41 tice; and 


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1 (jj) effective implementation and enforcement, in2 cluding ensuring that any retesting of a vehicle 

3 after a failure shall include proof of corrective ac4 tion and providing for denial of vehicle registration 

5 in the case of tampering or misfueling. 

6 (III) FLEXIBILITY.—The guidance, which shall be in7 corporated in the applicable State implementation plans 

8 by the States, shall provide a State with continued rea9 sonable flexibility to fashion effective, reasonable, and 

10 fair programs for the affected consumer. 

11 (IV) SUBMISSION OF REVISION.—Not later than 2 

12 years after the Administrator promulgates regulations 

13 under section 221102(l)(3) of this title, a State shall 

14 submit a revision to the program to meet any require15 ments that the Administrator may prescribe under that 

16 section. 

17 (D) PERMIT PROGRAMS.—A State applicable implementation 

18 plan shall include each of the following: 

19 (i) Provisions to require permits, in accordance with sec20 tions 215102(c)(5) and 215103 of this title, for the construc21 tion and operation of each new or modified major stationary 

22 source (with respect to ozone) to be located in the marginal 

23 area. 

24 (ii) Provisions to correct requirements in (or add require25 ments to) the plan concerning permit programs as were re26 quired under section 172(b)(6) of the Clean Air Act (42 

27 U.S.C. 7502(b)(6)) (as in effect before November 15, 1990), 

28 as interpreted in regulations of the Administrator promul29 gated as of November 15, 1990. 

30 (4) PERIODIC INVENTORY.— 

31 (A) GENERAL REQUIREMENT.—Not later than the end of each 

32 3-year period after submission of the inventory under paragraph 

33 (2) until the marginal area is redesignated to attainment, the 

34 State shall submit a revised inventory meeting the requirements 

35 of paragraph (2). 

36 (B) EMISSIONS STATEMENTS.— 

37 (i) IN GENERAL.—At least annually, a State shall submit 

38 a revision to the State implementation plan to require that 

39 the owner or operator of each stationary source of nitrogen 

40 oxides or volatile organic compounds provide the State with 

41 a statement, in such form as the Administrator may prescribe 


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1 (or accept an equivalent alternative developed by the State), 

2 for classes or categories of sources, showing the actual emis3 sions of nitrogen oxides and volatile organic compounds from 

4 that source. The statement shall contain a certification that 

5 the information contained in the statement is accurate to the 

6 best knowledge of the individual certifying the statement. 

7 (ii) WAIVER.—A State may waive the application of clause 

8 (i) to any class or category of stationary sources that emit 

9 less than 25 tons per year of volatile organic compounds or 

10 nitrogen oxides if the State, in its submissions under para11 graph (2) or subparagraph (A), provides an inventory of 

12 emissions from the class or category of sources based on the 

13 use of the emission factors established by the Administrator 

14 or other methods acceptable to the Administrator. 

15 (5) GENERAL OFFSET REQUIREMENT.—For purposes of satisfying 

16 the emission offset requirements of this chapter, the ratio of total emis17 sion reductions of volatile organic compounds to total increased emis18 sions of volatile organic compounds shall be at least 1.1 to 1. 

19 (6) SCHEDULE.—The Administrator may require States to submit a 

20 schedule for submitting any of the revisions or other items required 

21 under this subsection. 

22 (7) APPLICABILITY OF SUBSECTION IN LIEU OF OTHER REQUIRE23 MENTS.—The requirements of this subsection shall apply in lieu of any 

24 requirement that the State submit a demonstration that the applicable 

25 implementation plan provides for attainment of the ozone standard by 

26 the applicable attainment date in any marginal area. 

27 (8) CONTINGENCY MEASURES.—Section 215102(c)(9) of this title 

28 shall not apply to a marginal area. 

29 (b) MODERATE AREAS.— 

30 (1) IN GENERAL.—Each State in which all or part of a moderate 

31 area is located shall include in its applicable implementation plan the 

32 provisions described under this subsection and subsection (a). 

33 (2) PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS.— 

34 (A) DEFINITION OF BASELINE EMISSIONS.—In this paragraph, 

35 the term ‘‘baseline emissions’’ means the total amount of actual 

36 volatile organic compound or nitrogen oxide emissions from all an37 thropogenic sources in a moderate area during calendar year 

38 1990, excluding emissions that would be eliminated under the reg39 ulations described in clauses (i) and (ii) of subparagraph (D). 

40 (B) GENERAL RULE.— 


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1 (i) PLAN PROVISION.—A State applicable implementation 

2 plan shall provide for volatile organic compound emission re3 ductions of at least 15 percent from baseline emissions, ac4 counting for any growth in emissions after 1990. The plan 

5 shall provide for such specific annual reductions in emissions 

6 of volatile organic compounds and nitrogen oxides as are nec7 essary to attain the primary NAAQS for ozone by the attain8 ment date applicable under this division. 

9 (ii) PERCENTAGE.— 

10 (I) IN GENERAL.—A percentage of less than 15 per11 cent may be used for purposes of clause (i) in the case 

12 of a State that demonstrates to the satisfaction of the 

13 Administrator that— 

14 (aa) new source review provisions are applicable 

15 in the nonattainment areas in the same manner and 

16 to the same extent as are required under subsection 

17 (e) in the case of extreme areas (with the exception 

18 that, in applying those provisions, the terms ‘‘major 

19 source’’ and ‘‘major stationary source’’ shall include 

20 (in addition to the sources described in section 

21 201101 of this title) any stationary source or group 

22 of sources located within a contiguous area and 

23 under common control that emits, or has the poten24 tial to emit, at least 5 tons per year of volatile or25 ganic compounds); 

26 (bb) reasonably available control technology is re27 quired for all existing major sources (as defined in 

28 item (aa)); and 

29 (cc) the plan reflecting a lesser percentage than 

30 15 percent includes all measures that can feasibly 

31 be implemented in an area, in light of technological 

32 achievability. 

33 (II) MEASURES ACHIEVED IN PRACTICE.—To qualify 

34 for a lesser percentage under this clause, a State shall 

35 demonstrate to the satisfaction of the Administrator that 

36 the plan for the area includes the measures that are 

37 achieved in practice by sources in the same source cat38 egory in nonattainment areas of the next higher classi39 fication. 

40 (iii) APPLICABILITY OF SUBPARAGRAPH.—This subpara41 graph shall not apply in the case of nitrogen oxides for areas 


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1 for which the Administrator determines (when the Adminis2 trator approves a plan or plan revision) that additional reduc3 tions of nitrogen oxides would not contribute to attainment. 

4 (C) GENERAL RULE FOR CREDITABILITY OF REDUCTIONS.—Ex5 cept as provided under subparagraph (D), emission reductions are 

6 creditable toward the 15 percent required under subparagraph (B) 

7 to the extent that the emission reductions have actually occurred, 

8 as of 6 years after November 15, 1990, as a result of the imple9 mentation of measures required under the applicable implementa10 tion plan, regulations promulgated by the Administrator, or a per11 mit under subdivision 6. 

12 (D) LIMITS ON CREDITABILITY OF REDUCTIONS.—Emission re13 ductions from the following measures are not creditable toward the 

14 15 percent reductions required under subparagraph (B): 

15 (i) Any measure relating to motor vehicle exhaust or evapo16 rative emissions promulgated by the Administrator by Janu17 ary 1, 1990. 

18 (ii) Regulations concerning Reid vapor pressure promul19 gated by the Administrator by November 15, 1990, or re20 quired to be promulgated under section 221111(h) of this 

21 title. 

22 (iii) Measures required under subsection (a)(3)(B) con23 cerning corrections to implementation plans prescribed under 

24 guidance by the Administrator. 

25 (iv) Measures required under subsection (a)(3)(C) con26 cerning corrections to motor vehicle inspection and mainte27 nance programs. 

28 (3) REASONABLY AVAILABLE CONTROL TECHNOLOGY.— 

29 (A) IN GENERAL.—A State applicable implementation plan shall 

30 include provisions to require the implementation of reasonably 

31 available control technology under section 215102(c)(1) of this 

32 title with respect to each of the following: 

33 (i) Each category of volatile organic compound sources in 

34 the area covered by a control technique guidelines document 

35 issued by the Administrator between November 15, 1990, and 

36 the date of attainment. 

37 (ii) All volatile organic compound sources in the area cov38 ered by any control technique guideline issued before Novem39 ber 15, 1990. 

40 (iii) All other major stationary sources of volatile organic 

41 compounds that are located in the area. 


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1 (B) TIME FOR SUBMISSION.—Each provision described in sub2 paragraph (A)(i) shall be submitted within the period set forth by 

3 the Administrator in issuing the relevant control technique guide4 lines document. The provisions with respect to sources described 

5 in clauses (ii) and (iii) of subparagraph (A) shall provide for the 

6 implementation of the required measures as expeditiously as prac7 ticable. 

8 (4) GASOLINE VAPOR RECOVERY.— 

9 (A) DEFINITION OF ADOPTION DATE.—In this paragraph, the 

10 term ‘‘adoption date’’ means the date of adoption by a State of 

11 requirements for the installation and operation of a system for 

12 gasoline vapor recovery of emissions from the fueling of motor ve13 hicles. 

14 (B) GENERAL RULE.— 

15 (i) REQUIREMENT.—A State applicable implementation 

16 plan shall require all owners or operators of gasoline dis17 pensing systems to install and operate, by the date prescribed 

18 under subparagraph (C), a system for gasoline vapor recovery 

19 of emissions from the fueling of motor vehicles. 

20 (ii) GUIDANCE.—The Administrator shall issue guidance as 

21 appropriate as to the effectiveness of the system. 

22 (iii) APPLICABILITY.—This subparagraph shall apply only 

23 to facilities that sell more than— 

24 (I) 10,000 gallons of gasoline per month; or 

25 (II) in the case of an independent small business mar26 keter of gasoline (as defined in section 209114 of this 

27 title), 50,000 gallons per month. 

28 (C) EFFECTIVE DATE.—The date required under subparagraph 

29 (B) shall be— 

30 (i) 6 months after the adoption date, in the case of a gaso31 line dispensing facility for which construction commences 

32 after November 15, 1990; 

33 (ii) 1 year after the adoption date, in the case of a gasoline 

34 dispensing facility that dispenses at least 100,000 gallons of 

35 gasoline per month, based on average monthly sales for the 

36 2-year period before the adoption date, and is not a facility 

37 described in clause (i); or 

38 (iii) 2 years after the adoption date, in the case of all other 

39 gasoline dispensing facilities. 

40 (5) MOTOR VEHICLE INSPECTION AND MAINTENANCE.—For all mod41 erate areas, a State applicable implementation plan shall include proviVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 sions necessary to provide for a vehicle inspection and maintenance 

2 program as described in subsection (a)(3)(C) (without regard to wheth3 er the area was required by section 172(b)(11)(B) of the Clean Air Act 

4 (42 U.S.C. 7502(b)(11)(B)) (as in effect before November 15, 1990) 

5 to have included a specific schedule for implementation of such a pro6 gram). 

7 (6) GENERAL OFFSET REQUIREMENT.—For purposes of satisfying 

8 the emission offset requirements of this chapter, the ratio of total emis9 sion reductions of volatile organic compounds to total increased emis10 sions of volatile organic compounds shall be at least 1.15 to 1. 

11 (c) SERIOUS AREAS.— 

12 (1) IN GENERAL.—Except as otherwise specified in paragraph (6), 

13 each State in which all or part of a serious area is located shall, with 

14 respect to the serious area (or portion thereof, to the extent specified 

15 in this subsection), include in its applicable implementation plan (in16 cluding the plan items) the provisions described under this subsection 

17 and subsection (b) (except that any reference to an attainment date in 

18 subsection (b), incorporated by reference in this subsection, shall refer 

19 to the attainment date for serious areas). 

20 (2) MAJOR SOURCE; MAJOR STATIONARY SOURCE.—For any serious 

21 area, the terms ‘‘major source’’ and ‘‘major stationary source’’ include 

22 (in addition to the sources described in section 201101 of this title) 

23 any stationary source or group of sources located within a contiguous 

24 area and under common control that emits, or has the potential to 

25 emit, at least 50 tons per year of volatile organic compounds. 

26 (3) ENHANCED MONITORING.— 

27 (A) REGULATIONS.—To obtain more comprehensive and rep28 resentative data on ozone air pollution, the Administrator shall 

29 promulgate regulations, after notice and public comment, for en30 hanced monitoring of ozone, nitrogen oxides, and volatile organic 

31 compounds. The regulations shall cover the location and mainte32 nance of monitors. 

33 (B) STATE ACTION.—Immediately following the promulgation of 

34 regulations by the Administrator relating to enhanced monitoring, 

35 a State shall commence such actions as may be necessary to adopt 

36 and implement a program based on the regulations to improve 

37 monitoring for ambient concentrations of ozone, nitrogen oxides, 

38 and volatile organic compounds and to improve monitoring of 

39 emissions of nitrogen oxides and volatile organic compounds. Each 

40 State implementation plan for the area shall contain measures to 

41 improve the ambient monitoring of those air pollutants. 


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1 (4) ATTAINMENT DEMONSTRATIONS; REASONABLE FURTHER

2 PROGRESS DEMONSTRATIONS.— 

3 (A) IN GENERAL.—A State applicable implementation plan shall 

4 include an attainment demonstration described in subparagraph 

5 (B) and a reasonable further progress demonstration described in 

6 subparagraph (C). 

7 (B) ATTAINMENT DEMONSTRATION.—A State applicable imple8 mentation plan shall include a demonstration that the plan will 

9 provide for attainment of the ozone NAAQS by the applicable at10 tainment date. The attainment demonstration shall be based on 

11 photochemical grid modeling or any other analytical method deter12 mined by the Administrator, in the Administrator’s discretion, to 

13 be at least as effective. 

14 (C) REASONABLE FURTHER PROGRESS DEMONSTRATION.— 

15 (i) VOLATILE ORGANIC COMPOUND CONTROL.— 

16 (I) IN GENERAL.—A State applicable implementation 

17 plan shall include a demonstration that the plan will re18 sult in volatile organic compound emission reductions 

19 from the baseline emissions (as defined in subsection 

20 (b)(2)(A)) equal to 1 of the following amounts averaged 

21 over each consecutive 3-year period beginning 6 years 

22 after November 15, 1990, until the attainment date: 

23 (aa) At least 3 percent of baseline emissions each 

24 year. 

25 (bb) An amount less than 3 percent of baseline 

26 emissions each year, if the State demonstrates to 

27 the satisfaction of the Administrator that the plan 

28 reflecting such a lesser amount includes all meas29 ures that can feasibly be implemented in the area, 

30 in light of technological achievability. 

31 (II) LESS THAN 3 PERCENT REDUCTION.—To lessen 

32 the 3 percent requirement under subclause (I)(bb), a 

33 State shall demonstrate to the satisfaction of the Admin34 istrator that the plan for the area includes the measures 

35 that are achieved in practice by sources in the same 

36 source category in nonattainment areas of the next high37 er classification. Any determination to lessen the 3 per38 cent requirement shall be reviewed at each applicable 

39 milestone under subsection (g) and revised to reflect 

40 such new measures (if any) achieved in practice by 


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1 sources in the same category in any State, allowing a 

2 reasonable amount of time to implement the measures. 

3 (III) CALCULATION OF EMISSION REDUCTIONS.—The 

4 emission reductions described in this clause shall be cal5 culated in accordance with subparagraphs (C) and (D) 

6 of subsection (b)(2). The reductions creditable for the 

7 period beginning 6 years after November 15, 1990, shall 

8 include reductions that occurred before that period, cal9 culated in accordance with subsection (b)(2), that exceed 

10 the 15-percent amount of reductions required under sub11 section (b)(2)(B). 

12 (ii) NITROGEN OXIDE CONTROL.—A provision under this 

13 subparagraph may contain, in lieu of the volatile organic com14 pound control demonstration described in clause (i), a dem15 onstration to the satisfaction of the Administrator that the 

16 applicable implementation plan provides for reductions of 

17 emissions of volatile organic compounds and nitrogen oxides 

18 (calculated according to the creditability provisions of sub19 paragraphs (C) and (D) of subsection (b)(2)), that would re20 sult in a reduction in ozone concentrations at least equivalent 

21 to that which would result from the amount of emission re22 ductions required under clause (i). The Administrator shall 

23 issue guidance concerning the conditions under which nitro24 gen oxide control may be substituted for volatile organic com25 pound control or may be combined with volatile organic com26 pound control to maximize the reduction in ozone air pollu27 tion. In accord with such guidance, a lesser percentage of 

28 volatile organic compounds may be accepted as an adequate 

29 demonstration for purposes of this subsection. 

30 (5) ENHANCED VEHICLE INSPECTION AND MAINTENANCE PRO31 GRAM.— 

32 (A) REQUIREMENT FOR SUBMISSION.—A State shall include in 

33 its applicable implementation plan a provision for an enhanced 

34 program to reduce hydrocarbon emissions and nitrogen oxide emis35 sions from in-use motor vehicles registered in each urbanized area 

36 (in the nonattainment area), as defined by the Bureau of the Cen37 sus, with a 1980 population of 200,000 or more. 

38 (B) EFFECTIVE DATE OF STATE PROGRAMS; GUIDANCE.— 

39 (i) IN GENERAL.—The State program required under sub40 paragraph (A) shall comply in all respects with guidance pub41 lished in the Federal Register (and from time to time revised) 


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1 by the Administrator for enhanced vehicle inspection and 

2 maintenance programs. 

3 (ii) CONTENTS.—The guidance shall include— 

4 (I) a performance standard achievable by a program 

5 combining emission testing, including on-road emission 

6 testing, with inspection to detect tampering with emis7 sion control devices and misfueling for all light-duty ve8 hicles and all light-duty trucks subject to standards 

9 under section 221102 of this title; and 

10 (II) program administration features necessary to rea11 sonably ensure that adequate management resources, 

12 tools, and practices are in place to attain and maintain 

13 the performance standard. 

14 (iii) COMPLIANCE.—Compliance with the performance 

15 standard under clause (ii)(I) shall be determined using a 

16 method established by the Administrator. 

17 (C) STATE PROGRAM.— 

18 (i) IN GENERAL.—A State program under subparagraph 

19 (A) shall include, at a minimum, each of the following ele20 ments: 

21 (I) Computerized emission analyzers, including on22 road testing devices. 

23 (II) No waivers for vehicles and parts covered by the 

24 emission control performance warranty as provided for in 

25 section 221107(c) of this title unless a warranty remedy 

26 has been denied in writing, or for tampering-related re27 pairs. 

28 (III) In view of the air quality purpose of the pro29 gram, if, for any vehicle, waivers are permitted for emis30 sions-related repairs not covered by warranty, an expend31 iture to qualify for the waiver of an amount of $450 or 

32 more for such repairs (adjusted annually as determined 

33 by the Administrator on the basis of the Consumer Price 

34 Index in the same manner as provided in subdivision 6). 

35 (IV) Enforcement through denial of vehicle registra36 tion (except for any program in operation before Novem37 ber 15, 1990, whose enforcement mechanism is dem38 onstrated to the Administrator to be more effective than 

39 the applicable vehicle registration program in ensuring 

40 that noncomplying vehicles are not operated on public 

41 roads). 


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1 (V) Annual emission testing and necessary adjust2 ment, repair, and maintenance, unless the State dem3 onstrates to the satisfaction of the Administrator that a 

4 biennial inspection, in combination with other features of 

5 the program that exceed the requirements of this divi6 sion, will result in emission reductions that equal or ex7 ceed the reductions that can be obtained through annual 

8 inspections. 

9 (VI) Operation of the program on a centralized basis, 

10 unless the State demonstrates to the satisfaction of the 

11 Administrator that a decentralized program will be 

12 equally effective. An electronically connected testing sys13 tem, a licensing system, or other measures (or any com14 bination thereof) may be considered, in accordance with 

15 criteria established by the Administrator, as equally ef16 fective for such purposes. 

17 (VII) Inspection of emission control diagnostic systems 

18 and the maintenance or repair of malfunctions or system 

19 deterioration identified by or affecting such diagnostics 

20 systems. 

21 (ii) BIENNIAL REPORTS.—Each State shall biennially sub22 mit to the Administrator a report that assesses the emission 

23 reductions achieved by the program required under this para24 graph based on data collected during inspection and repair of 

25 vehicles. The methods used to assess the emission reductions 

26 shall be those established by the Administrator. 

27 (6) CLEAN-FUEL VEHICLE PROGRAMS.— 

28 (A) IN GENERAL.—Except to the extent that substitute provi29 sions are approved by the Administrator under subparagraph (B), 

30 a State applicable implementation plan shall include, for each area 

31 described under chapter 225 and for each area that opts into the 

32 clean fuel-vehicle program as provided in chapter 225, such meas33 ures as may be necessary to ensure the effectiveness of the appli34 cable provisions of the clean-fuel vehicle program prescribed under 

35 chapter 225, including all measures necessary to make the use of 

36 clean alternative fuels in clean-fuel vehicles (as defined in chapter 

37 225) economic from the standpoint of vehicle owners. 

38 (B) SUBSTITUTE PROVISIONS.— 

39 (i) IN GENERAL.—The Administrator shall approve, as a 

40 substitute for all or a portion of the clean-fuel vehicle pro41 gram prescribed under chapter 225, any provision of a relVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 evant applicable implementation plan that in the Administra2 tor’s judgment will achieve long-term reductions in ozone-pro3 ducing and toxic air emissions equal to those achieved under 

4 chapter 225, or the percentage thereof attributable to the 

5 portion of the clean-fuel vehicle program for which the provi6 sion is to substitute. 

7 (ii) REQUIREMENT FOR APPROVAL.—The Administrator 

8 may approve such a provision only if it consists exclusively of 

9 provisions other than those required under this division for 

10 the area. 

11 (iii) DEADLINE.—Any State seeking approval of such a 

12 provision must have submitted the revision to the Adminis13 trator within 24 months of November 15, 1990. 

14 (iv) RULEMAKING.—The Administrator shall publish the 

15 provision submitted by a State in the Federal Register on re16 ceipt. The notice shall constitute a notice of proposed rule17 making on whether to approve the provision and shall be 

18 deemed to comply with the requirements concerning notices of 

19 proposed rulemaking contained in sections 553 to 557 of title 

20 5. 

21 (v) NO PROVISION UNDER SUBPARAGRAPH (A).—Where the 

22 Administrator approves such a provision for any area, the 

23 State need not submit the provision required by subparagraph 

24 (A) for the area with respect to the portions of the Federal 

25 clean-fuel vehicle program for which the Administrator has 

26 approved the provision as a substitute. 

27 (C) FAILURE TO SUBMIT PROGRAM.—If the Administrator de28 termines under section 215111 of this title that a State has failed 

29 to submit any portion of the program required under subpara30 graph (A), in addition to any sanctions available under section 

31 215111 of this title, the State may not receive credit, in any dem32 onstration of attainment or reasonable further progress for the 

33 area, for any emission reductions from implementation of the cor34 responding aspects of the Federal clean-fuel vehicle requirements 

35 established in chapter 225. 

36 (7) TRANSPORTATION CONTROL.— 

37 (A) IN GENERAL.—Every 3 years, a State shall submit a dem38 onstration whether current aggregate vehicle mileage, aggregate 

39 vehicle emissions, congestion levels, and other relevant parameters 

40 are consistent with those used for the area’s demonstration of at41 tainment. 


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1 (B) EXCEEDANCE.—Where such parameters and emissions lev2 els exceed the levels projected for purposes of the area’s attain3 ment demonstration, the State shall within 18 months develop and 

4 submit a revision of the applicable implementation plan that in5 cludes a transportation control measures program that includes 

6 measures described in section 211108(f) of this title that will re7 duce emissions to levels that are consistent with emission levels 

8 projected in the demonstration. In considering such measures, the 

9 State should ensure adequate access to downtown, other commer10 cial, and residential areas and should avoid measures that increase 

11 or relocate emissions and congestion rather than reduce them. 

12 (C) DEVELOPMENT; SCHEDULES.—A revision under subpara13 graph (B)— 

14 (i) shall be developed in accordance with guidance issued 

15 by the Administrator pursuant to section 211108(e) of this 

16 title and with the requirements of section 215104(b) of this 

17 title; and 

18 (ii) shall include implementation and funding schedules 

19 that achieve expeditious emissions reductions in accordance 

20 with implementation plan projections. 

21 (8) DE MINIMIS RULE.—The new source review provisions under this 

22 chapter shall ensure that increased emissions of volatile organic com23 pounds resulting from any physical change in, or change in the method 

24 of operation of, a stationary source located in the serious area shall not 

25 be considered de minimis for purposes of determining the applicability 

26 of the permit requirements established by this division unless the in27 crease in net emissions of volatile organic compounds from the sta28 tionary source does not exceed 25 tons when aggregated with all other 

29 net increases in emissions from the source over any period of 5 con30 secutive calendar years that includes the calendar year in which the in31 crease occurred. 

32 (9) SPECIAL RULE FOR MODIFICATION OF SOURCES EMITTING LESS

33 THAN 100 TONS.— 

34 (A) IN GENERAL.—Except as provided in subparagraph (B), in 

35 the case of any major stationary source of volatile organic com36 pounds located in the serious area (other than a source that emits 

37 or has the potential to emit 100 tons or more of volatile organic 

38 compounds per year), whenever any change (as described in sec39 tion 211111(a)(2) of this title) at that source results in any in40 crease (other than a de minimis increase) in emissions of volatile 

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1 lutant emitting activity at the source, the change shall be consid2 ered to be a modification for purposes of sections 215102(c)(5) 

3 and 215103(a) of this title, but in applying section 

4 215103(a)(1)(B) of this title in the case of any such modification, 

5 the best available control technology (as defined in section 213102 

6 of this title) shall be substituted for the lowest achievable emission 

7 rate. 

8 (B) ELECTION TO OFFSET.—A change described in subpara9 graph (A) shall not be considered to be a modification for the pur10 poses described in subparagraph (A) if the owner or operator of 

11 the source elects to offset the increase by a greater reduction in 

12 emissions of volatile organic compounds concerned from other op13 erations, units, or activities within the source at an internal offset 

14 ratio of at least 1.3 to 1. 

15 (C) ELECTION NOT MADE.—If the owner or operator does not 

16 make the election described in subparagraph (B), the change shall 

17 be considered a modification for the purposes described in sub18 paragraph (A), but in applying section 215103(a)(1)(B) of this 

19 title in the case of any such modification, the best available control 

20 technology, as defined in section 213102 of this title, shall be sub21 stituted for the lowest achievable emission rate. 

22 (D) POLICIES AND PROCEDURES.—The Administrator shall es23 tablish and publish policies and procedures for implementing this 

24 paragraph. 

25 (10) SPECIAL RULE FOR MODIFICATIONS OF SOURCES EMITTING 100

26 TONS OR MORE.— 

27 (A) IN GENERAL.—Except as provided in subparagraph (B), in 

28 the case of any major stationary source of volatile organic com29 pounds located in the serious area that emits or has the potential 

30 to emit 100 tons or more of volatile organic compounds per year, 

31 whenever any change (as described in section 211111(a)(2) of this 

32 title) at that source results in any increase (other than a de mini33 mis increase) in emissions of volatile organic compounds from any 

34 discrete operation, unit, or other pollutant emitting activity at the 

35 source, the change shall be considered a modification for purposes 

36 of sections 215102(c)(5) and 215103(a) of this title. 

37 (B) ELECTION TO OFFSET.—If the owner or operator of the 

38 source elects to offset the increase by a greater reduction in emis39 sions of volatile organic compounds from other operations, units, 

40 or activities within the source at an internal offset ratio of at least 


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1 1.3 to 1, the requirements of section 215103(a)(1)(B) of this title 

2 shall not apply. 

3 (11) CONTINGENCY PROVISIONS.—In addition to the contingency 

4 provisions required under section 215102(c)(9) of this title, the plan 

5 revision shall provide for the implementation of specific measures to be 

6 undertaken if the serious area fails to meet any applicable milestone. 

7 The measures shall be included in the plan provision as contingency 

8 measures to take effect without further action by the State or the Ad9 ministrator on a failure by the State to meet the applicable milestone. 

10 (12) GENERAL OFFSET REQUIREMENT.—For purposes of satisfying 

11 the emission offset requirements of this chapter, the ratio of total emis12 sion reductions of volatile organic compounds to total increase emis13 sions of an air pollutant shall be at least 1.2 to 1. 

14 (d) SEVERE AREAS.— 

15 (1) IN GENERAL.—Each State in which all or part of a severe area 

16 is located shall, with respect to the severe area, include in its applicable 

17 implementation plan the provisions (including plan items) described 

18 under this subsection and subsection (c) (except that any reference to 

19 an attainment date in subsection (b) or (c), incorporated by reference 

20 in this subsection, shall refer to the attainment date for severe areas). 

21 (2) MAJOR SOURCE; MAJOR STATIONARY SOURCE.—For any severe 

22 area, the terms ‘‘major source’’ and ‘‘major stationary source’’ include 

23 (in addition to the sources described in section 201101 of this title) 

24 any stationary source or group of sources located within a contiguous 

25 area and under common control that emits, or has the potential to 

26 emit, at least 25 tons per year of volatile organic compounds. 

27 (3) VEHICLE MILES TRAVELED.— 

28 (A) TRANSPORTATION CONTROL STRATEGIES AND TRANSPOR29 TATION CONTROL MEASURES.— 

30 (i) IN GENERAL.—A State applicable implementation plan 

31 shall include a provision that identifies and adopts specific en32 forceable transportation control strategies and transportation 

33 control measures to offset any growth in emissions from 

34 growth in vehicle miles traveled or numbers of vehicle trips 

35 in the severe area and to attain reduction in motor vehicle 

36 emissions as necessary, in combination with other emission 

37 reduction requirements of this subchapter, to comply with 

38 subsections (b)(2) and (c)(4)(C)(i). 

39 (ii) CONSIDERATIONS.—The State shall consider measures 

40 specified in section 211108(f) of this title and choose from 

41 among and implement those measures as necessary to demVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 onstrate attainment with the NAAQSes. In considering such 

2 measures, the State should ensure adequate access to down3 town, other commercial, and residential areas and should 

4 avoid measures that increase or relocate emissions and con5 gestion rather than reduce them. 

6 (B) PROGRAMS TO REDUCE WORK-RELATED VEHICLE TRIPS

7 AND MILES TRAVELED BY EMPLOYEES.— 

8 (i) IN GENERAL.—The State may include in its applicable 

9 implementation plan a provision requiring employers in the 

10 severe area to implement programs to reduce work-related ve11 hicle trips and miles traveled by employees. 

12 (ii) GUIDANCE; OCCUPANCY PER VEHICLE.—A provision de13 scribed in clause (i) shall be developed in accordance with 

14 guidance issued by the Administrator pursuant to section 

15 211108(f) of this title and may require that employers in the 

16 severe area increase average passenger occupancy per vehicle 

17 in commuting trips between home and the workplace during 

18 peak travel periods. The guidance of the Administrator may 

19 specify average vehicle occupancy rates that vary for locations 

20 within a nonattainment area (suburban, center city, business 

21 district) or among nonattainment areas reflecting existing oc22 cupancy rates and the availability of high occupancy modes. 

23 (iii) ALTERNATIVE METHODS.—Any State required to sub24 mit a revision under section 182(d)(1)(B) of the Clean Air 

25 Act (42 U.S.C. 7511a(d)(1)(B)) (as in effect before Decem26 ber 23, 1995) containing provisions requiring employers to re27 duce work-related vehicle trips and miles traveled by employ28 ees may, in accordance with State law, remove those provi29 sions from the implementation plan, or withdraw its submis30 sion, if the State notifies the Administrator, in writing, that 

31 the State has undertaken, or will undertake, 1 or more alter32 native methods that will achieve emission reductions equiva33 lent to those to be achieved by the removed or withdrawn pro34 visions. 

35 (4) OFFSET REQUIREMENT.—For purposes of satisfying the offset 

36 requirements pursuant to this chapter, the ratio of total emission re37 ductions of volatile organic compounds to total increased emissions of 

38 volatile organic compounds shall be at least 1.3 to 1, except that if the 

39 State applicable implementation plan requires all existing major sources 

40 in the nonattainment area to use best available control technology (as 


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1 defined in section 213102 of this title) for the control of volatile or2 ganic compounds, the ratio shall be at least 1.2 to 1. 

3 (5) ENFORCEMENT UNDER SECTION 215206.—The State shall submit 

4 a plan revision that includes the provisions required under section 

5 215206 of this title. 

6 (e) EXTREME AREAS.— 

7 (1) IN GENERAL.—Each State in which all or part of an extreme 

8 area is located shall, with respect to the extreme area, include in its 

9 applicable implementation plan the provisions (including plan items) 

10 described under this subsection and subsection (d) (except that any ref11 erence to an attainment date in subsection (b), (c), or (d), incorporated 

12 by reference in this subsection, shall refer to the attainment date for 

13 extreme areas). 

14 (2) INAPPLICABILITY OF CERTAIN PROVISIONS.—Subsection 

15 (b)(2)(B)(ii) and paragraphs (4)(C)(i)(I)(bb), (8), (9), and (10) of sub16 section (c) shall not apply in the case of an extreme area. 

17 (3) MAJOR SOURCE; MAJOR STATIONARY SOURCE.—For any extreme 

18 area, the terms ‘‘major source’’ and ‘‘major stationary source’’ include 

19 (in addition to the sources described in section 201101 of this title) 

20 any stationary source or group of sources located within a contiguous 

21 area and under common control that emits, or has the potential to 

22 emit, at least 10 tons per year of volatile organic compounds. 

23 (4) OFFSET REQUIREMENT.—For purposes of satisfying the offset 

24 requirements pursuant to this chapter, the ratio of total emission re25 ductions of volatile organic compounds to total increased emissions of 

26 volatile organic compounds shall be at least 1.5 to 1, except that if the 

27 State plan requires all existing major sources in the nonattainment 

28 area to use best available control technology (as defined in section 

29 213102 of this title) for the control of volatile organic compounds, the 

30 ratio shall be at least 1.2 to 1. 

31 (5) MODIFICATIONS.— 

32 (A) IN GENERAL.—Except as provided in subparagraph (B), 

33 any change (as described in section 211111(a)(2) of this title) at 

34 a major stationary source that results in any increase in emissions 

35 from any discrete operation, unit, or other pollutant-emitting ac36 tivity at the source shall be considered a modification for purposes 

37 of sections 215102(c)(5) and 215103(a) of this title. 

38 (B) ELECTION TO OFFSET.—For purposes of complying with 

39 the offset requirement pursuant to section 215103(a)(1)(A) of this 

40 title, any change described in subparagraph (A) shall not be con41 sidered to be a modification if the owner or operator of the source 


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1 elects to offset the increase by a greater reduction in emissions of 

2 the air pollutant concerned from other discrete operations, units, 

3 or activities within the source at an internal offset ratio of at least 

4 1.3 to 1. 

5 (C) NONAPPLICABILITY OF OFFSET PROVISIONS.—The offset re6 quirements of this chapter shall not be applicable in extreme areas 

7 to a modification of an existing source if the modification consists 

8 of installation of equipment required to comply with the applicable 

9 implementation plan, a permit, or this division. 

10 (6) USE OF CLEAN FUELS OR ADVANCED CONTROL TECHNOLOGY.— 

11 (A) DEFINITION OF PRIMARY FUEL.—In this paragraph, the 

12 term ‘‘primary fuel’’ means the fuel that is used by an electric 

13 utility or industrial or commercial boiler 90 percent or more of the 

14 operating time. 

15 (B) CERTAIN ELECTRIC UTILITIES AND INDUSTRIAL AND COM16 MERCIAL BOILERS.—For extreme areas, a State applicable imple17 mentation plan shall include a provision requiring that each new, 

18 modified, and existing electric utility and industrial and commer19 cial boiler that emits more than 25 tons per year of nitrogen ox20 ides— 

21 (i) burn as its primary fuel natural gas, methanol, or eth22 anol (or a comparably low-polluting fuel); or 

23 (ii) use advanced control technology (such as catalytic con24 trol technology or other comparably effective control methods) 

25 for reduction of emissions of nitrogen oxides. 

26 (C) APPLICABILITY.—This paragraph shall not apply during 

27 any natural gas supply emergency (as defined in title III of the 

28 Natural Gas Policy Act of 1978 (15 U.S.C. 3361 et seq.)). 

29 (7) TRAFFIC CONTROL MEASURES DURING HEAVY TRAFFIC

30 HOURS.—For extreme areas, a State applicable implementation plan 

31 may contain provisions establishing traffic control measures applicable 

32 during heavy traffic hours to reduce the use of high-polluting vehicles 

33 or heavy-duty vehicles, notwithstanding any other provision of law. 

34 (8) NEW TECHNOLOGIES.— 

35 (A) IN GENERAL.—The Administrator may, in accordance with 

36 section 211110 of this title, approve provisions of an implementa37 tion plan for an extreme area that anticipate development of new 

38 control techniques or improvement of existing control technologies, 

39 and an attainment demonstration based on such provisions, if the 

40 State demonstrates to the satisfaction of the Administrator that— 


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1 (i) such provisions are not necessary to achieve the incre2 mental emission reductions required during the 1st 10 years 

3 after November 15, 1990; and 

4 (ii) the State has submitted enforceable commitments to 

5 develop and adopt contingency measures to be implemented 

6 as set forth in subparagraph (B) if the anticipated tech7 nologies do not achieve planned reductions. 

8 (B) SUBMISSION AND APPROVAL OR DISAPPROVAL OF CONTIN9 GENCY MEASURES.—Contingency measures described in subpara10 graph (A) shall be submitted to the Administrator not later than 

11 3 years before proposed implementation of the plan provisions and 

12 approved or disapproved by the Administrator in accordance with 

13 section 211110 of this title. 

14 (C) ADEQUACY.—The contingency measures shall be adequate 

15 to produce emission reductions sufficient, in conjunction with 

16 other approved plan provisions, to achieve the periodic emission re17 ductions required by subsection (b)(2) or (c)(4) and attainment by 

18 the applicable dates. 

19 (D) FAILURE TO ACHIEVE EMISSION REDUCTION.—If the Ad20 ministrator determines that an extreme area has failed to achieve 

21 an emission reduction requirement set forth in subsection (b)(2) 

22 or (c)(4), and that the failure is due in whole or part to an inabil23 ity to fully implement provisions approved pursuant to this sub24 section, the Administrator shall require the State to implement the 

25 contingency measures to the extent necessary to ensure compliance 

26 with subsections (b)(2) and (c)(4). 

27 (f) NITROGEN OXIDE REQUIREMENTS.— 

28 (1) IN GENERAL.— 

29 (A) APPLICABILITY OF PROVISIONS RELATING TO VOLATILE OR30 GANIC COMPOUNDS.—The plan provisions required under this sub31 chapter for major stationary sources of volatile organic compounds 

32 shall apply to major stationary sources (as defined in section 

33 201101 of this title and subsections (c), (d), and (e)) of nitrogen 

34 oxides. 

35 (B) NONAPPLICABILITY OF SUBSECTION.—This subsection shall 

36 not apply in the case of nitrogen oxides for— 

37 (i) sources for which the Administrator determines (when 

38 the Administrator approves a plan or plan revision) that net 

39 air quality benefits are greater in the absence of reductions 

40 of nitrogen oxides from the sources concerned; or 


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1 (ii)(I) nonattainment areas not within an ozone transport 

2 region under section 215205 of this title, if the Administrator 

3 determines (when the Administrator approves a plan or plan 

4 revision) that additional reductions of nitrogen oxides would 

5 not contribute to attainment of the NAAQS for ozone in the 

6 area; or 

7 (II) nonattainment areas within an ozone transport region 

8 under section 215205 of this title, if the Administrator deter9 mines (when the Administrator approves a plan or plan revi10 sion) that additional reductions of nitrogen oxides would not 

11 produce net ozone air quality benefits in the ozone transport 

12 region. 

13 (C) CONSIDERATIONS.—The Administrator shall, in the Admin14 istrator’s determinations under subparagraph (B), consider the 

15 study required under section 215207 of this title. 

16 (2) LIMITATION ON APPLICABILITY.— 

17 (A) IN GENERAL.—If the Administrator determines that excess 

18 reductions in emissions of nitrogen oxides would be achieved under 

19 paragraph (1), the Administrator may limit the application of 

20 paragraph (1) to the extent necessary to avoid achieving the excess 

21 reductions. 

22 (B) EXCESS EMISSION REDUCTIONS.—For purposes of this 

23 paragraph, excess reductions in emissions of nitrogen oxides are— 

24 (i) emission reductions for which the Administrator deter25 mines that net air quality benefits are greater in the absence 

26 of such emission reductions; or 

27 (ii)(I) for nonattainment areas not within an ozone trans28 port region under section 215205 of this title, emission reduc29 tions that the Administrator determines would not contribute 

30 to attainment of the NAAQS for ozone in the area; or 

31 (II) for nonattainment areas within an ozone transport re32 gion under section 215205 of this title, emission reductions 

33 that the Administrator determines would not produce net 

34 ozone air quality benefits in the ozone transport region. 

35 (3) PETITION FOR DETERMINATION.—A person may petition the Ad36 ministrator for a determination under paragraph (1) or (2) with re37 spect to any nonattainment area or any ozone transport region under 

38 section 215205 of this title. The Administrator shall grant or deny 

39 such a petition within 6 months after its filing with the Administrator. 

40 (g) APPLICABLE MILESTONES.— 


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1 (1) REDUCTIONS IN EMISSIONS.—At intervals of 3 years, a State 

2 shall determine whether each nonattainment area (other than a mar3 ginal area or moderate area) has achieved a reduction in emissions dur4 ing the preceding intervals equivalent to the total emission reductions 

5 required to be achieved by the end of that interval pursuant to sub6 section (b)(2) and the corresponding requirements of subsections 

7 (c)(4)(C), (d), and (e). 

8 (2) COMPLIANCE DEMONSTRATION.—For each nonattainment area 

9 described in paragraph (1), not later than 90 days after the date on 

10 which an applicable milestone occurs (not including an attainment date 

11 on which an applicable milestone occurs in a case in which the standard 

12 has been attained), each State in which all or part of the area is lo13 cated shall submit to the Administrator a demonstration that the appli14 cable milestone has been met. A demonstration under this paragraph 

15 shall be submitted in such form and manner, and shall contain such 

16 information and analysis, as the Administrator shall require, by regula17 tion. The Administrator shall determine whether or not a State’s dem18 onstration is adequate within 90 days after the Administrator’s receipt 

19 of a demonstration that contains the information and analysis required 

20 by the Administrator. 

21 (3) SERIOUS AREAS AND SEVERE AREAS.— 

22 (A) STATE ELECTION.—If a State fails to submit a demonstra23 tion under paragraph (2) for any serious area or severe area with24 in the required period or if the Administrator determines that the 

25 serious area or severe area has not met any applicable milestone, 

26 the State shall elect, within 90 days after the failure or determina27 tion— 

28 (i) to have the area reclassified to the next higher classi29 fication; 

30 (ii) to implement specific additional measures that are ade31 quate, as determined by the Administrator, to meet the next 

32 applicable milestone as provided in the applicable contingency 

33 plan; or 

34 (iii) to adopt an economic incentive program as described 

35 in paragraph (4). 

36 (B) ADDITIONAL MEASURES.—If the State makes an election 

37 under subparagraph (A)(ii), the Administrator shall— 

38 (i) within 90 days after the election, review the applicable 

39 contingency plan; and 


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1 (ii) if the Administrator finds the contingency plan inad2 equate, require further measures necessary to meet the appli3 cable milestone. 

4 (C) ACCEPTANCE OF ELECTION.—If the State makes an elec5 tion, the election shall be deemed accepted by the Administrator 

6 as meeting the election requirement. 

7 (D) FAILURE TO MAKE ELECTION.—If the State fails to make 

8 an election required under this paragraph within the required 90- 

9 day period or within 6 months thereafter, the serious area or se10 vere area shall be reclassified to the next higher classification by 

11 operation of law at the expiration of the 6-month period. 

12 (E) PLAN REVISION.—Within 12 months after the date required 

13 for the State to make an election, the State shall submit a revision 

14 of the applicable implementation plan for the serious area or se15 vere area that meets the requirements of this paragraph. The Ad16 ministrator shall review the plan revision and approve or dis17 approve the revision within 9 months after the date of its submis18 sion. 

19 (4) ECONOMIC INCENTIVE PROGRAM.— 

20 (A) IN GENERAL.— 

21 (i) CONSISTENCY WITH REGULATIONS; SUFFICIENCY.—An 

22 economic incentive program under this paragraph shall be 

23 consistent with regulations published by the Administrator 

24 and sufficient, in combination with other elements of the 

25 State plan, to achieve the next applicable milestone. 

26 (ii) ELEMENTS.—The State program may include— 

27 (I) a nondiscriminatory system, consistent with appli28 cable law regarding interstate commerce, of State-estab29 lished emission fees; 

30 (II) a system of marketable permits; 

31 (III) a system of State fees on sale or manufacture of 

32 products the use of which contributes to ozone forma33 tion; 

34 (IV) incentives and requirements to reduce vehicle 

35 emissions and vehicle miles traveled in the serious area 

36 or severe area, including any of the transportation con37 trol measures identified in section 211108(f) of this title; 

38 or 

39 (V) any combination of the foregoing or other similar 

40 measures. 


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1 (B) REGULATIONS.—The Administrator shall publish regula2 tions for the programs to be adopted pursuant to subparagraph 

3 (A). The regulations shall include model plan provisions that may 

4 be adopted for reducing emissions from permitted stationary 

5 sources, area sources, and mobile sources. 

6 (C) GUIDELINES.—The guidelines shall require that any reve7 nues generated by the plan provisions adopted pursuant to sub8 paragraph (A) shall be used by the State for any of the following: 

9 (i) Providing incentives for achieving emission reductions. 

10 (ii) Providing assistance for the development of innovative 

11 technologies for the control of ozone air pollution and for the 

12 development of lower-polluting solvents and surface coatings. 

13 Such assistance shall not provide for the payment of more 

14 than 75 percent of the costs of any project to develop such 

15 a technology or the costs of development of a lower-polluting 

16 solvent or surface coating. 

17 (iii) Funding the administrative costs of State programs 

18 under this division. Not more than 50 percent of such reve19 nues may be used for purposes of this clause. 

20 (5) EXTREME AREAS.—If a State fails to submit a demonstration 

21 under paragraph (2) for any extreme area within the required period, 

22 or if the Administrator determines that the area has not met any appli23 cable milestone, the State shall, within 9 months after the failure or 

24 determination, submit a plan revision to implement an economic incen25 tive program that meets the requirements of paragraph (4). The Ad26 ministrator shall review the plan revision and approve or disapprove the 

27 revision within 9 months after the date of its submission. 

28 (h) RURAL TRANSPORT AREAS.— 

29 (1) TREATMENT BY OPERATION OF LAW.—Notwithstanding any 

30 other provision of this section or section 215202 of this title, a State 

31 containing an ozone nonattainment area that does not include, and is 

32 not adjacent to, any part of a Metropolitan Statistical Area or, where 

33 one exists, a Consolidated Metropolitan Statistical Area (as defined by 

34 the Bureau of the Census), which area is treated by the Administrator, 

35 in the Administrator’s discretion, as a rural transport area within the 

36 meaning of paragraph (2), shall be treated by operation of law as satis37 fying the requirements of this section if the State applicable implemen38 tation plan includes the provisions required under subsection (a). 

39 (2) TREATMENT BY THE ADMINISTRATOR.—The Administrator may 

40 treat an ozone nonattainment area as a rural transport area if the Ad41 ministrator finds that sources of volatile organic compounds emissions 


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1 (and, where the Administrator determines it to be relevant, nitrogen 

2 oxide emissions) within the area do not make a significant contribution 

3 to the ozone concentrations measured in the ozone nonattainment area 

4 or in other areas. 

5 (i) RECLASSIFIED AREAS.—Each State containing an ozone nonattain6 ment area reclassified under section 215202(b)(2) of this title shall meet 

7 such requirements of subsections (b) through (d) as may be applicable to 

8 the area as reclassified, according to the schedules prescribed in connection 

9 with those requirements, except that the Administrator may adjust any ap10 plicable deadlines (other than attainment dates) to the extent that an ad11 justment is necessary or appropriate to ensure consistency among the re12 quired provisions. 

13 (j) MULTI-STATE OZONE NONATTAINMENT AREAS.— 

14 (1) DEFINITION OF MULTI-STATE OZONE NONATTAINMENT AREA.— 

15 In this subsection, the term ‘‘multi-State ozone nonattainment area’’ 

16 means a single ozone nonattainment area that is located in more than 

17 1 State. 

18 (2) COORDINATION AMONG STATES.— 

19 (A) IN GENERAL.—Each State in which there is located a por20 tion of a single ozone nonattainment area shall— 

21 (i) take all reasonable steps to coordinate, substantively 

22 and procedurally, the provisions and implementation of State 

23 implementation plans applicable to the nonattainment area 

24 concerned; and 

25 (ii) use photochemical grid modeling or any other analytical 

26 method determined by the Administrator, in the Administra27 tor’s discretion, to be at least as effective. 

28 (B) NO PLAN PROVISION APPROVAL ABSENT COMPLIANCE.— 

29 The Administrator may not approve any provision of a State im30 plementation plan submitted under this subchapter for a State in 

31 which part of a multi-State ozone nonattainment area is located 

32 if the plan revision fails to comply with this paragraph. 

33 (3) FAILURE TO DEMONSTRATE ATTAINMENT.—If any State in 

34 which there is located a portion of a multi-State ozone nonattainment 

35 area fails to provide a demonstration of attainment of the NAAQS for 

36 ozone in that portion within the required period, the State may petition 

37 the Administrator to make a finding that the State would have been 

38 able to make such a demonstration but for the failure of 1 or more 

39 other States in which other portions of the multi-State ozone non40 attainment area are located to commit to the implementation of all 

41 measures required under this section. If the Administrator makes such 


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1 a finding, section 215111 of this title shall not apply, by reason of the 

2 failure to make such a demonstration, in the portion of the multi-State 

3 ozone nonattainment area within the State submitting the petition. 

4 § 215204. Federal ozone measures 

5 (a) CONTROL TECHNIQUE GUIDELINES FOR VOLATILE ORGANIC COM6 POUND SOURCES.—The Administrator shall issue control technique guide7 lines, in accordance with section 211108 of this title, for 11 categories of 

8 stationary sources of volatile organic compound emissions for which control 

9 technique guidelines had not been issued as of November 15, 1990, not in10 cluding the categories described in paragraphs (3) and (4) of subsection (b). 

11 The Administrator may issue such additional control technique guidelines as 

12 the Administrator considers necessary. 

13 (b) EXISTING AND NEW CONTROL TECHNIQUE GUIDELINES.— 

14 (1) REVIEW AND UPDATING.—The Administrator shall periodically 

15 review and, if necessary, update control technique guidelines issued 

16 under section 108 of the Clean Air Act (42 U.S.C. 7408) before No17 vember 15, 1990. 

18 (2) PRIORITY.—In issuing the control technique guidelines the Ad19 ministrator shall give priority to categories that the Administrator con20 siders to make the most significant contribution to the formation of 

21 ozone air pollution in ozone nonattainment areas, including hazardous 

22 waste treatment, storage, and disposal facilities that are permitted 

23 under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et 

24 seq.). The Administrator shall periodically review and, if necessary, re25 vise the control technique guidelines. 

26 (3) AEROSPACE COATINGS AND SOLVENTS.— 

27 (A) IN GENERAL.—The Administrator shall issue control tech28 nique guidelines in accordance with section 211108 of this title to 

29 reduce the aggregate emissions of volatile organic compounds into 

30 the ambient air from aerospace coatings and solvents. The control 

31 technique guidelines shall, at a minimum, be adequate to reduce 

32 aggregate emissions of volatile organic compounds into the ambi33 ent air from the application of aerospace coatings and solvents to 

34 such level as the Administrator determines may be achieved 

35 through the adoption of best available control measures. The con36 trol technique guidelines shall provide for such reductions in such 

37 increments and on such schedules as the Administrator determines 

38 to be reasonable, but in no event later than 10 years after the 

39 final issuance of the control technique guidelines. 

40 (B) CONSULTATION.—In developing control technique guidelines 

41 under this paragraph, the Administrator shall consult with the 


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1 Secretary of Defense, the Secretary of Transportation, and the 

2 Administrator of the National Aeronautics and Space Administra3 tion with regard to the establishment of specifications for aero4 space coatings. 

5 (C) CONSIDERATIONS.—In evaluating volatile organic compound 

6 reduction strategies, the guidance shall take into account— 

7 (i) the applicable requirements of section 211112 of this 

8 title; and 

9 (ii) the need to protect stratospheric ozone. 

10 (4) SHIPBUILDING AND SHIP REPAIR PAINTS, COATINGS, AND SOL11 VENTS.— 

12 (A) IN GENERAL.—The Administrator shall issue control tech13 nique guidelines in accordance with section 211108 of this title to 

14 reduce the aggregate emissions of volatile organic compounds and 

15 PM–10 into the ambient air from paints, coatings, and solvents 

16 used in shipbuilding operations and ship repair. The control tech17 nique guidelines shall, at a minimum, be adequate to reduce ag18 gregate emissions of volatile organic compounds and PM–10 into 

19 the ambient air from the removal or application of such paints, 

20 coatings, and solvents to such level as the Administrator deter21 mines may be achieved through the adoption of the best available 

22 control measures. The control technique guidelines shall provide 

23 for such reductions in such increments and on such schedules as 

24 the Administrator determines to be reasonable, but in no event 

25 later than 10 years after the final issuance of the control tech26 nique guidelines. 

27 (B) CONSULTATION.—In developing control technique guidelines 

28 under this paragraph, the Administrator shall consult with the ap29 propriate Federal agencies. 

30 (c) ALTERNATIVE CONTROL TECHNIQUES.—The Administrator shall 

31 issue technical documents that identify alternative controls for all categories 

32 of stationary sources of volatile organic compounds and nitrogen oxides that 

33 emit, or have the potential to emit, 25 or more tons per year of volatile or34 ganic compounds and nitrogen oxides. The Administrator shall revise and 

35 update the documents as the Administrator determines to be necessary. 

36 (d) GUIDANCE FOR EVALUATING COST-EFFECTIVENESS.—The Adminis37 trator shall provide guidance to the States to be used in evaluating the rel38 ative cost-effectiveness of various options for the control of emissions from 

39 existing stationary sources of air pollutants that contribute to nonattain40 ment of the NAAQSes for ozone. 

41 (e) CONTROL OF EMISSIONS FROM CERTAIN SOURCES.— 


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1 (1) DEFINITIONS.—In this subsection: 

2 (A) BEST AVAILABLE CONTROLS.—The term ‘‘best available 

3 controls’’ means the degree of emission reduction that the Admin4 istrator determines, on the basis of technological and economic 

5 feasibility, health, environmental, and energy impacts, is achiev6 able through the application of the most effective equipment, 

7 measures, processes, methods, systems, or techniques, including 

8 chemical reformulation, product or feedstock substitution, repack9 aging, and directions for use, consumption, storage, or disposal. 

10 (B) CONSUMER OR COMMERCIAL PRODUCT.— 

11 (i) IN GENERAL.—The term ‘‘consumer or commercial 

12 product’’ means any substance, product (including paints, 

13 coatings, and solvents), or article (including any container or 

14 packaging) held by any person, the use, consumption, storage, 

15 disposal, destruction, or decomposition of which may result in 

16 the release of volatile organic compounds. 

17 (ii) EXCLUSIONS.—The term ‘‘consumer or commercial 

18 product’’ does not include— 

19 (I) a fuel or fuel additive regulated under section 

20 221111 of this title; or 

21 (II) a motor vehicle, nonroad vehicle, or nonroad en22 gine (as defined under section 221101 of this title). 

23 (C) REGULATED ENTITY.—The term ‘‘regulated entity’’ 

24 means— 

25 (i) a manufacturer, processor, wholesale distributor, or im26 porter of consumer or commercial products for sale or dis27 tribution in interstate commerce; or 

28 (ii) a manufacturer, processor, wholesale distributor, or im29 porter that supplies entities described in clause (i) with con30 sumer or commercial products for sale or distribution in 

31 interstate commerce. 

32 (2) STUDY AND REPORT.— 

33 (A) STUDY.—The Administrator shall conduct a study of and 

34 submit to Congress a report on the emissions of volatile organic 

35 compounds into the ambient air from consumer and commercial 

36 products (or any combination thereof) to— 

37 (i) determine their potential to contribute to ozone levels 

38 that violate the NAAQS for ozone; and 

39 (ii) establish criteria for regulating consumer and commer40 cial products or classes or categories thereof that shall be 

41 subject to control under this subsection. 


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1 (B) CONSIDERATION OF CERTAIN FACTORS.—In establishing 

2 the criteria under subparagraph (A)(ii), the Administrator shall 

3 take into consideration each of the following: 

4 (i) The uses, benefits, and commercial demand of consumer 

5 and commercial products. 

6 (ii) The health or safety functions (if any) served by con7 sumer and commercial products. 

8 (iii) Consumer and commercial products that emit highly 

9 reactive volatile organic compounds into the ambient air. 

10 (iv) Consumer and commercial products that are subject to 

11 the most cost-effective controls. 

12 (v) The availability of alternatives (if any) to consumer and 

13 commercial products that are of comparable costs, considering 

14 health, safety, and environmental impacts. 

15 (3) REGULATIONS TO REQUIRE EMISSION REDUCTIONS.— 

16 (A) IN GENERAL.—On submission of the report under para17 graph (2), the Administrator shall list the categories of consumer 

18 or commercial products that the Administrator determines, based 

19 on the study, account for at least 80 percent of the volatile organic 

20 compound emissions, on a reactivity-adjusted basis, from consumer 

21 or commercial products in areas that violate the NAAQSes for 

22 ozone. Credit toward the 80 percent emissions calculation shall be 

23 given for emission reductions from consumer or commercial prod24 ucts made after November 15, 1990. The Administrator shall di25 vide the list into 4 groups and promulgate regulations for all 4 

26 groups. 

27 (B) BEST AVAILABLE CONTROLS.—The regulations shall require 

28 best available controls. 

29 (C) HEALTH USE PRODUCTS.—The regulations may exempt 

30 health use products for which the Administrator determines there 

31 is no suitable substitute. 

32 (D) CONTROL OR PROHIBITION OF ACTIVITY.—To carry out this 

33 section, the Administrator may, by regulation, control or prohibit 

34 any activity (including the manufacture or introduction into com35 merce, offering for sale, or sale of any consumer or commercial 

36 product) that results in emission of volatile organic compounds 

37 into the ambient air. 

38 (E) REGULATED ENTITIES.—Regulations under this subsection 

39 may be imposed only with respect to regulated entities. 

40 (F) USE OF CONTROL TECHNIQUE GUIDELINES.—For any con41 sumer or commercial product, the Administrator may issue control 


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1 technique guidelines under this division in lieu of regulations re2 quired under subparagraph (A) if the Administrator determines 

3 that control technique guidelines will be substantially as effective 

4 as regulations in reducing emissions of volatile organic compounds 

5 that contribute to ozone levels in areas that violate the NAAQS 

6 for ozone. 

7 (4) SYSTEMS OF REGULATION.—The regulations under this sub8 section may include any system or systems of regulation as the Admin9 istrator considers appropriate, including requirements for registration 

10 and labeling, self-monitoring and reporting, prohibitions, limitations, or 

11 economic incentives (including marketable permits and auctions of 

12 emissions rights) concerning the manufacture, processing, distribution, 

13 use, consumption, or disposal of a consumer or commercial product. 

14 (5) SPECIAL FUND.—Any amounts collected by the Administrator 

15 under the regulations shall be deposited in the Treasury in a special 

16 fund for licensing and other services, which thereafter shall be available 

17 until expended, subject to annual appropriation Acts, solely to carry 

18 out the activities of the Administrator for which such fees, charges, or 

19 collections are established or made. 

20 (6) ENFORCEMENT.—Any regulation established under this sub21 section shall be treated, for purposes of enforcement of this division, 

22 as a standard under section 211111 of this title, and any violation of 

23 such a regulation shall be treated as a violation of a requirement of 

24 section 211111(j) of this title. 

25 (7) STATE ADMINISTRATION.—Each State may develop and submit 

26 to the Administrator a procedure under State law for implementing 

27 and enforcing regulations promulgated under this subsection. If the 

28 Administrator finds that the State procedure is adequate, the Adminis29 trator shall approve the procedure. Nothing in this paragraph shall 

30 prohibit the Administrator from enforcing any applicable regulation 

31 under this subsection. 

32 (8) SIZE, SHAPE, AND LABELING.—No regulation regarding the size, 

33 shape, or labeling of a consumer or commercial may be promulgated, 

34 unless the Administrator determines such a regulation to be useful in 

35 meeting any NAAQS. 

36 (9) STATE CONSULTATION.—Any State that proposes regulations 

37 other than those adopted under this subsection shall consult with the 

38 Administrator regarding whether any other State or local subdivision 

39 has promulgated or is promulgating regulations on any products cov40 ered under this chapter. The Administrator shall establish a clearing41 house of information, studies, and regulations proposed and promulVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 gated regarding consumer or commercial products and disseminate the 

2 information collected as requested by State or local subdivisions. 

3 (f) TANK VESSEL STANDARDS.— 

4 (1) IN GENERAL.— 

5 (A) STANDARDS.—The Administrator, in consultation with the 

6 Secretary of the department in which the Coast Guard is oper7 ating, shall promulgate standards applicable to the emission of 

8 volatile organic compounds and any other air pollutant from load9 ing and unloading of tank vessels (as defined in section 2101 of 

10 title 46) that the Administrator finds causes, or contributes to, air 

11 pollution that may be reasonably anticipated to endanger public 

12 health or welfare. The standards shall require the application of 

13 reasonably available control technology, considering costs, any 

14 non-air-quality benefits, environmental impacts, energy require15 ments, and safety factors associated with alternative control tech16 niques. To the extent practicable, the standards shall apply to 

17 loading and unloading facilities and not to tank vessels. 

18 (B) EFFECTIVE DATE.—Any regulation promulgated under this 

19 subsection (and any revision thereof) shall take effect after such 

20 period as the Administrator finds (after consultation with the Sec21 retary of the department in which the Coast Guard is operating) 

22 necessary to permit the development and application of the req23 uisite technology, giving appropriate consideration to the cost of 

24 compliance within that period, except that the effective date shall 

25 be not more than 2 years after promulgation of the regulations. 

26 (2) REGULATIONS ON EQUIPMENT SAFETY.—The Secretary of the 

27 department in which the Coast Guard is operating shall issue regula28 tions to ensure the safety of the equipment and operations that are to 

29 control emissions from the loading and unloading of tank vessels under 

30 section 3703 of title 46 and section 6 of the Ports and Waterways 

31 Safety Act (33 U.S.C. 1225). The standards promulgated by the Ad32 ministrator under paragraph (1) and the regulations issued by a State 

33 or political subdivision regarding emissions from the loading and un34 loading of tank vessels shall be consistent with the regulations regard35 ing safety of the department in which the Coast Guard is operating. 

36 (3) AGENCY AUTHORITY.— 

37 (A) EMISSION STANDARDS.—The Administrator shall ensure 

38 compliance with the tank vessel emission standards promulgated 

39 under paragraph (1)(A). The Secretary of the department in 

40 which the Coast Guard is operating shall ensure compliance with 

41 the tank vessel standards promulgated under paragraph (1)(A). 


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1 (B) SAFETY REGULATIONS.—The Secretary of the department 

2 in which the Coast Guard is operating shall ensure compliance 

3 with the regulations issued under paragraph (2). 

4 (4) STATE OR LOCAL STANDARDS.—After the Administrator promul5 gates standards under this section, no State or political subdivision 

6 thereof may adopt or attempt to enforce any standard respecting emis7 sions from tank vessels subject to regulation under paragraph (1) un8 less the State or local standard is no less stringent than the standards 

9 promulgated under paragraph (1). 

10 (5) ENFORCEMENT.—Any standard established under paragraph 

11 (1)(A) shall be treated, for purposes of enforcement of this division, as 

12 a standard under section 211111 of this title, and any violation of such 

13 a standard shall be treated as a violation of a requirement of section 

14 211111(j) of this title. 

15 (g) VEHICLES ENTERING OZONE NONATTAINMENT AREAS.— 

16 (1) DEFINITION OF COVERED OZONE NONATTAINMENT AREA.—In 

17 this subsection, the term ‘‘covered ozone nonattainment area’’ means 

18 a serious area, as classified under section 181 of the Clean Air Act (42 

19 U.S.C. 7511) as of October 27, 1998. 

20 (2) AUTHORITY REGARDING OZONE INSPECTION AND MAINTENANCE

21 TESTING.— 

22 (A) IN GENERAL.—No noncommercial motor vehicle registered 

23 in a foreign country and operated by a United States citizen or 

24 by an alien who is a permanent resident of the United States, or 

25 who holds a visa for the purposes of employment or educational 

26 study in the United States, may enter a covered ozone nonattain27 ment area from a foreign country bordering the United States and 

28 contiguous to the nonattainment area more than twice in a single 

29 calendar-month period, if State law has requirements for the in30 spection and maintenance of noncommercial motor vehicles under 

31 the applicable implementation plan in the nonattainment area. 

32 (B) APPLICABILITY.—Subparagraph (A) shall not apply if the 

33 operator presents documentation at the United States border entry 

34 point establishing that the vehicle has complied with such inspec35 tion and maintenance requirements as are in effect and are appli36 cable to motor vehicles of the same type and model year. 

37 (3) SANCTIONS FOR VIOLATIONS.—The President may impose and 

38 collect from the operator of any motor vehicle who violates, or attempts 

39 to violate, paragraph (1) a civil penalty of not more than $200 for the 

40 2d violation or attempted violation and $400 for the 3d and each sub41 sequent violation or attempted violation. 


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1 (4) STATE ELECTION.—The prohibition set forth in paragraph (1) 

2 shall not apply in any State that elects to be exempt from the prohibi3 tion. Such an election shall take effect on the President’s receipt of 

4 written notice from the Governor of the State notifying the President 

5 of the election. 

6 (5) ALTERNATIVE APPROACH.—The prohibition set forth in para7 graph (1) shall not apply in a State, and the President may implement 

8 an alternative approach, if— 

9 (A) the Governor of the State submits to the President a writ10 ten description of an alternative approach to facilitate the compli11 ance, by some or all foreign-registered motor vehicles, with the 

12 motor vehicle inspection and maintenance requirements that are— 

13 (i) related to emissions of air pollutants; 

14 (ii) in effect under the applicable implementation plan in 

15 the covered ozone nonattainment area; and 

16 (iii) applicable to motor vehicles of the same types and 

17 model years as the foreign-registered motor vehicles; and 

18 (B) the President approves the alternative approach as facili19 tating compliance with the motor vehicle inspection and mainte20 nance requirements described in subparagraph (A). 

21 § 215205. Control of interstate ozone air pollution 

22 (a) OZONE TRANSPORT REGIONS.— 

23 (1) IN GENERAL.—There is established a single interstate transport 

24 region for ozone (within the meaning of section 215108(a) of this title), 

25 comprised of the States of Connecticut, Delaware, Maine, Maryland, 

26 Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, 

27 Rhode Island, Vermont, and the Consolidated Metropolitan Statistical 

28 Area that includes the District of Columbia. 

29 (2) ADDITION AND REMOVAL OF STATES.—The Administrator, on 

30 the Administrator’s own motion, on petition from the Governor of any 

31 State, or on the recommendation of the interstate transport commission 

32 established by paragraph (1) or the interstate transport commission es33 tablished for any other interstate transport region for ozone, may— 

34 (A) add any State or portion of a State to an interstate trans35 port region established under paragraph (1) or other interstate 

36 transport region for ozone when the Administrator has reason to 

37 believe that the interstate transport of air pollutants from that 

38 State significantly contributes to a violation of the NAAQS for 

39 ozone in the interstate transport region; or 

40 (B) remove any State or portion of a State from an interstate 

41 transport region when the Administrator has reason to believe that 


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1 the control of emissions in that State or portion of the State pur2 suant to this section will not significantly contribute to the attain3 ment of the NAAQS for ozone in any area in the interstate trans4 port region. 

5 (3) PROCEDURE.— 

6 (A) APPROVAL OR DISAPPROVAL.—The Administrator shall ap7 prove or disapprove a petition or recommendation under subpara8 graph (A) or (B) of paragraph (2) within 18 months after its re9 ceipt. 

10 (B) PUBLIC PARTICIPATION.—The Administrator shall establish 

11 appropriate proceedings for public participation regarding motions, 

12 petitions, and recommendations under subparagraphs (A) and (B) 

13 of paragraph (2), including notice and comment. 

14 (4) CONVENING OF COMMISSION.—The Administrator shall convene 

15 the commission required under section 215108(b) of this title as a re16 sult of the establishment of the interstate transport region. 

17 (b) PLAN PROVISIONS FOR STATES IN INTERSTATE TRANSPORT REGIONS

18 FOR OZONE.— 

19 (1) IN GENERAL.—In accordance with section 211110 of this title, 

20 not later than 9 months after the inclusion of a State in an interstate 

21 transport region for ozone, each State included in the interstate trans22 port region shall submit to the Administrator a State implementation 

23 plan provision that— 

24 (A) requires that each area in the State that is a metropolitan 

25 statistical area or is part of a metropolitan statistical area with 

26 a population of 100,000 or more comply with section 

27 215203(c)(4)(B) of this title; and 

28 (B) requires implementation of reasonably available control 

29 technology with respect to all sources of volatile organic com30 pounds in the State covered by a control technique guideline. 

31 (2) CONTROL MEASURES.—The Administrator shall complete a study 

32 identifying control measures capable of achieving emission reductions 

33 comparable to those achievable through vehicle refueling controls con34 tained in section 215203(b)(4) of this title, and those measures or vehi35 cle refueling controls shall be implemented in accordance with this sec36 tion. Notwithstanding other deadlines in this section, the applicable im37 plementation plan shall be revised to reflect those measures within 1 

38 year of completion of the study. For purposes of this section, any sta39 tionary source that emits or has the potential to emit at least 50 tons 

40 per year of volatile organic compounds shall be considered a major sta41 tionary source and subject to the requirements that would be applicable 


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1 to major stationary sources if the area were classified as a moderate 

2 area. 

3 (c) ADDITIONAL CONTROL MEASURES.— 

4 (1) DEFINITION OF RECEIPT DATE.—In this subsection, the term 

5 ‘‘receipt date’’ means the date on which the Administrator receives rec6 ommendations prepared by a commission pursuant to paragraph (2). 

7 (2) RECOMMENDATIONS.—On petition of any State within a trans8 port region established for ozone, and based on a majority vote of the 

9 Governors on the commission (or their designees), the commission may, 

10 after notice and opportunity for public comment, develop recommenda11 tions for additional control measures to be applied within all or a part 

12 of the ozone transport region if the commission determines that such 

13 measures are necessary to bring any area in the ozone transport region 

14 into attainment by the dates provided by this subchapter. The commis15 sion shall transmit the recommendations to the Administrator. 

16 (3) NOTICE AND REVIEW.—When the Administrator receives rec17 ommendations prepared by a commission pursuant to paragraph (2), 

18 the Administrator shall— 

19 (A) immediately publish in the Federal Register a notice stating 

20 that the recommendations are available and provide an oppor21 tunity for public hearing within 90 days beginning on the receipt 

22 date; and 

23 (B) commence a review of the recommendations to determine 

24 whether the control measures in the recommendations are nec25 essary to bring any area in the ozone transport region into attain26 ment by the dates provided by this subchapter and are otherwise 

27 consistent with this division. 

28 (4) CONSULTATION; CONSIDERATIONS.—In undertaking the review 

29 required under paragraph (3)(B), the Administrator shall— 

30 (A) consult with members of the commission of the affected 

31 States; and 

32 (B) take into account the data, views, and comments received 

33 pursuant to paragraph (3)(A). 

34 (5) APPROVAL AND DISAPPROVAL.— 

35 (A) IN GENERAL.—Within 9 months after the receipt date, the 

36 Administrator shall— 

37 (i) determine whether to approve, disapprove, or partially 

38 disapprove and partially approve the recommendations; 

39 (ii) notify the commission in writing of the approval, dis40 approval, or partial disapproval; and 

41 (iii) publish the determination in the Federal Register. 


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1 (B) DISAPPROVAL OR PARTIAL DISAPPROVAL.—If the Adminis2 trator disapproves or partially disapproves the recommendations, 

3 the Administrator shall specify— 

4 (i) why any disapproved additional control measures are 

5 not necessary to bring any area in the ozone transport region 

6 into attainment by the dates provided by this or are otherwise 

7 not consistent with this division; and 

8 (ii) recommendations concerning equal or more effective ac9 tions that could be taken by the commission to conform the 

10 disapproved portion of the recommendations to the require11 ments of this section. 

12 (6) FINDING.—On approval or partial approval of recommendations 

13 submitted by a commission, the Administrator shall issue to each State 

14 that is included in the ozone transport region and to which a require15 ment of the approved plan applies a finding under section 211110(i)(5) 

16 of this title that the implementation plan for that State is inadequate 

17 to meet the requirements of section 211110(a)(3)(D) of this title. The 

18 finding shall require each such State to revise its implementation plan 

19 to include the approved additional control measures within 1 year after 

20 the finding is issued. 

21 (d) BEST AVAILABLE AIR QUALITY MONITORING AND MODELING.—For 

22 purposes of this section, the Administrator shall promulgate criteria for pur23 poses of determining the contribution of sources in 1 area to concentrations 

24 of ozone in another area that is a nonattainment area for ozone. The cri25 teria shall require that the best available air quality monitoring and mod26 eling techniques be used for purposes of making such determinations. 

27 § 215206. Enforcement for severe areas and extreme areas 

28 for failure to attain 

29 (a) GENERAL RULE.—Each implementation plan provision required 

30 under subsections (d) and (e) of section 215203 of this title shall provide 

31 that, if the severe area or extreme area to which the plan provision applies 

32 has failed to attain the primary NAAQS for ozone by the applicable attain33 ment date, each major stationary source of volatile organic compounds lo34 cated in the severe area or extreme area shall, except as otherwise provided 

35 under subsection (c), pay a fee to the State as a penalty for the failure, 

36 computed in accordance with subsection (b), for each calendar year begin37 ning after the attainment date, until the severe area or extreme area is re38 designated as an attainment area for ozone. Each such plan provision 

39 should include procedures for assessment and collection of such fees. 

40 (b) COMPUTATION OF FEE.— 


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1 (1) FEE AMOUNT.—The fee shall equal $5,000, adjusted in accord2 ance with paragraph (3), per ton of volatile organic compound emitted 

3 by the source during the calendar year in excess of 80 percent of the 

4 baseline amount, computed under paragraph (2). 

5 (2) BASELINE AMOUNT.— 

6 (A) IN GENERAL.—For purposes of this section, the baseline 

7 amount shall be computed, in accordance with such guidance as 

8 the Administrator may provide, as the lower, during the attain9 ment year, of— 

10 (i) the amount of actual volatile organic compound emis11 sions (referred to in this paragraph as ‘‘actuals’’); or 

12 (ii) the amount of volatile organic compound emissions al13 lowed under the permit applicable to the source (or, if no 

14 such permit has been issued for the attainment year, the 

15 amount of volatile organic compound emissions allowed under 

16 the applicable implementation plan) (referred to in this para17 graph as ‘‘allowables’’). 

18 (B) PERIOD OF DETERMINATION.—Notwithstanding subpara19 graph (A), the Administrator may issue guidance authorizing the 

20 baseline amount to be determined in accordance with the lower of 

21 average actuals or average allowables, determined over a period of 

22 more than 1 calendar year. The guidance may provide that such 

23 an average calculation for a specific source may be used if that 

24 source’s emissions are irregular, cyclical, or otherwise vary signifi25 cantly from year to year. 

26 (3) ANNUAL ADJUSTMENT.—The fee amount under paragraph (1) 

27 shall be adjusted annually, beginning as of 1991, in accordance with 

28 section 235102(b)(3)(B)(iv) of this title. 

29 (c) EXCEPTION.—Notwithstanding any provision of this section, no 

30 source shall be required to pay any fee under subsection (a) with respect 

31 to emissions during any year that is treated as an extension year under sec32 tion 215202(a)(5) of this title. 

33 (d) FEE COLLECTION BY ADMINISTRATOR.—If the Administrator has 

34 found that the fee provisions of the implementation plan do not meet the 

35 requirements of this section, or if the Administrator makes a finding that 

36 the State is not administering and enforcing the fee required under this sec37 tion, the Administrator shall, in addition to any other action authorized 

38 under this subdivision, collect, in accordance with procedures promulgated 

39 by the Administrator, the unpaid fees required under subsection (a). If the 

40 Administrator makes such a finding under section 215111(a)(1)(D) of this 

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1 tion, plus interest computed in accordance with section 6621(a)(2) of the 

2 Internal Revenue Code of 1986 (26 U.S.C. 6621(a)(2)), to the extent that 

3 the Administrator finds that such fees have not been paid to the State. 

4 Clauses (ii) through (iii) of section 235102(b)(3)(C) of this title shall apply 

5 with respect to fees collected under this subsection. 

6 (e) EXEMPTIONS FOR CERTAIN SMALL AREAS.—For a severe area or ex7 treme area with a total population under 200,000 that fails to attain the 

8 standard by the applicable attainment date, no sanction under this section 

9 or under any other provision of this division shall apply if the severe area 

10 or extreme area can demonstrate, consistent with guidance issued by the 

11 Administrator, that attainment in the severe area or extreme area is pre12 vented because of ozone or ozone precursors transported from another area. 

13 The prohibition applies only in a case in which the severe area or extreme 

14 area has met all requirements and implemented all measures applicable to 

15 the severe area or extreme area under this division. 

16 § 215207. Nitrogen oxide and volatile organic compound 

17 study 

18 (a) IN GENERAL.—The Administrator, in conjunction with the National 

19 Academy of Sciences, shall conduct a study on the role of ozone precursors 

20 in tropospheric ozone formation and control. 

21 (b) MATTERS TO BE EXAMINED.—The study shall examine— 

22 (1) the roles of nitrogen oxide and volatile organic compound emis23 sion reductions; 

24 (2) the extent to which nitrogen oxide reductions may contribute (or 

25 be counterproductive) to achievement of attainment in different non26 attainment areas; 

27 (3) the sensitivity of ozone to the control of nitrogen oxides; 

28 (4) the availability and extent of controls for nitrogen oxides; 

29 (5) the role of biogenic volatile organic compound emissions; and 

30 (6) the basic information required for air quality models. 

31 (c) INFORMATION AND STUDIES; ADDITIONAL INFORMATION.—The Ad32 ministrator shall utilize all available information and studies and develop ad33 ditional information in conducting the study required by this section. 

34 (d) REPORT.—The Administrator shall submit to Congress a report on 

35 the study. 

36 Subchapter III—Additional Provisions for 

37 Carbon Monoxide Nonattainment Areas 

38 § 215301. Definitions 

39 In this subchapter: 

40 (1) MODERATE AREA.—The term ‘‘moderate area’’ means an area 

41 that is classified as a moderate area under section 215302 of this title. 


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1 (2) SERIOUS AREA.—The term ‘‘serious area’’ means an area that 

2 is classified as a serious area under section 215302 of this title. 

3 (3) TABLE 1.—The term ‘‘table 1’’ means table 1 in section 

4 215302(a)(1) of this title. 

5 § 215302. Classification and attainment dates 

6 (a) CLASSIFICATION BY OPERATION OF LAW AND ATTAINMENT DATES

7 FOR NONATTAINMENT AREAS.— 

8 (1) IN GENERAL.—Each area designated nonattainment for carbon 

9 monoxide pursuant to section 211107(d) of this title shall be classified 

10 at the time of designation under table 1, by operation of law, as a mod11 erate area or serious area based on the design value for the area. The 

12 design value shall be calculated according to the interpretation method13 ology issued by the Administrator most recently before November 15, 

14 1990. For each area classified under this subsection, the primary 

15 NAAQS attainment date for carbon monoxide shall be as expeditiously 

16 as practicable but not later than the date provided in table 1: 

TABLE 1 

Area 

classification Design value Primary standard attainment date 

Moderate .............................................................................. 9.1–16.4 ppm ........... December 31, 1995 

Serious ................................................................................. 16.5 and above ......... December 31, 2000 

17 (2) NOTICE.—At the time of publication of the notice required under 

18 section 211107 of this title, the Administrator shall publish a notice 

19 announcing the classification of each such carbon monoxide nonattain20 ment area. Section 215102(a)(1)(B) of this title shall apply with re21 spect to such a classification. 

22 (3) ADJUSTMENT.— 

23 (A) IN GENERAL.—If an area classified under paragraph (1) 

24 would have been classified in another category if the design value 

25 in the area were 5 percent greater or 5 percent less than the level 

26 on which the classification was based, the Administrator may, 

27 within 90 days after November 15, 1990, by the procedure re28 quired under paragraph (2), adjust the classification of the area. 

29 (B) CONSIDERATIONS.—In making such an adjustment, the Ad30 ministrator may consider— 

31 (i) the number of exceedances of the primary NAAQS for 

32 carbon monoxide in the area; 

33 (ii) the level of pollution transport between the area and 

34 other affected areas; and 

35 (iii) the mix of sources and air pollutants in the area. 

36 (4) EXTENSION.— 


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1 (A) IN GENERAL.—On application by any State, the Adminis2 trator may extend for 1 additional year (referred to in this para3 graph as an ‘‘extension year’’) the date specified in table 1 of sub4 section (a) if— 

5 (i) the State has complied with all requirements and com6 mitments pertaining to the area in the applicable implementa7 tion plan; and 

8 (ii) not more than 1 exceedance of the NAAQS level for 

9 carbon monoxide has occurred in the area in the year pre10 ceding the extension year. 

11 (B) LIMITATION.—Not more than 2 one-year extensions may be 

12 issued under this paragraph for a single nonattainment area. 

13 (b) NEW DESIGNATIONS AND RECLASSIFICATIONS.— 

14 (1) NEW DESIGNATIONS TO NONATTAINMENT.—Any area that is 

15 designated attainment or unclassifiable for carbon monoxide under sec16 tion 211107(d)(4) of this title and is subsequently redesignated to non17 attainment for carbon monoxide under section 211107(d)(3) of this 

18 title shall, at the time of the redesignation, be classified by operation 

19 of law in accordance with table 1. Upon its classification, the area shall 

20 be subject to the same requirements under section 211110 of this title, 

21 subchapter I, and this subchapter that would have applied had the area 

22 been so classified at the time of the notice under subsection (a)(2), ex23 cept that any absolute, fixed date applicable in connection with any 

24 such requirement is extended by operation of law by a period equal to 

25 the length of time between November 15, 1990, and the date the area 

26 is classified. 

27 (2) RECLASSIFICATION OF MODERATE AREAS ON FAILURE TO AT28 TAIN.— 

29 (A) DETERMINATION.—Within 6 months after the applicable at30 tainment date for a carbon monoxide nonattainment area, the Ad31 ministrator shall determine, based on the area’s design value as 

32 of the attainment date, whether the area has attained the NAAQS 

33 by that date. 

34 (B) RECLASSIFICATION.—Any moderate area that the Adminis35 trator finds has not attained the NAAQS by that date shall be re36 classified by operation of law in accordance with table 1 as a seri37 ous area. 

38 (C) NOTICE.—The Administrator shall publish a notice in the 

39 Federal Register, not later than 6 months after the attainment 

40 date, identifying each area that the Administrator has determined, 

41 under subparagraph (A), as having failed to attain the NAAQS 


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1 and identifying the reclassification, if any, described under sub2 paragraph (B). 

3 § 215303. Plan submissions and requirements 

4 (a) MODERATE AREAS.— 

5 (1) IN GENERAL.—Each State in which all or part of a moderate 

6 area is located shall, with respect to the moderate area (or portion 

7 thereof, to the extent specified in guidance of the Administrator issued 

8 before November 15, 1990), submit to the Administrator the State im9 plementation plan provisions (including the plan items) described under 

10 this subsection, within such periods as are prescribed under this sub11 section, except to the extent that the State has made such submissions 

12 as of November 15, 1990. 

13 (2) INVENTORY.—A State shall submit a comprehensive, accurate, 

14 current inventory of actual emissions from all sources, as described in 

15 section 215102(c)(3) of this title, in accordance with guidance provided 

16 by the Administrator. 

17 (3) VEHICLE MILES TRAVELED; SPECIAL RULE FOR DENVER.— 

18 (A) VEHICLE MILES TRAVELED.—For areas with a design value 

19 above 12.7 parts per million at the time of classification, the plan 

20 provision shall contain a forecast of vehicle miles traveled in a 

21 nonattainment area for each year before the year in which the 

22 plan projects the NAAQS for carbon monoxide to be attained in 

23 the area. The forecast shall be based on guidance published by the 

24 Administrator, in consultation with the Secretary of Transpor25 tation. The plan provision shall provide for annual updates of the 

26 forecasts to be submitted to the Administrator together with an27 nual reports regarding the extent to which the forecasts proved to 

28 be accurate. The annual reports shall contain estimates of actual 

29 vehicle miles traveled in each year for which a forecast was re30 quired. 

31 (B) SPECIAL RULE FOR DENVER.—In the case of Denver, the 

32 State shall submit a provision that includes the transportation 

33 control measures as required in section 215203(d)(3)(A) of this 

34 title, except that the provision shall be for the purpose of reducing 

35 carbon monoxide emissions rather than volatile organic compound 

36 emissions. If the State fails to include any such measure, the im37 plementation plan shall contain— 

38 (i) an explanation why such a measure was not adopted 

39 and what emissions reduction measure was adopted to provide 

40 a comparable reduction in emissions; or 


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1 (ii) reasons why such a reduction is not necessary to attain 

2 the primary NAAQS for carbon monoxide. 

3 (C) ADJUSTMENT.—The Administrator may make the same ad4 justment for purposes of this paragraph as may be made under 

5 section 215302(a)(3) of this title. 

6 (4) CONTINGENCY PROVISIONS.— 

7 (A) IN GENERAL.—For areas with a design value above 12.7 

8 parts per million at the time of classification, the plan provision 

9 shall provide for the implementation of specific measures to be un10 dertaken if— 

11 (i) any estimate of vehicle miles traveled in the area that 

12 is submitted in an annual report under paragraph (3) exceeds 

13 the number predicted in the most recent prior forecast; or 

14 (ii) if the area fails to attain the primary NAAQS for car15 bon monoxide by the primary standard attainment date. 

16 (B) INCLUSION IN PLAN PROVISION.—The measures shall be in17 cluded in the plan provision as contingency measures to take effect 

18 without further action by the State or the Administrator if— 

19 (i) the prior forecast has been exceeded by an updated fore20 cast; or 

21 (ii) the national standard is not attained by that deadline. 

22 (C) ADJUSTMENT.—The Administrator may make the same ad23 justment for purposes of this paragraph as may be made under 

24 section 215302(a)(3) of this title. 

25 (5) SAVINGS CLAUSE FOR VEHICLE INSPECTION AND MAINTENANCE

26 PROVISIONS OF THE STATE IMPLEMENTATION PLAN.—Immediately 

27 after November 15, 1990, for any moderate area (or, within the Ad28 ministrator’s discretion, portion thereof) the plan for which is of the 

29 type described in section 215203(a)(3)(C) of this title, the State shall 

30 submit any provisions necessary to ensure that the applicable imple31 mentation plan includes the vehicle inspection and maintenance pro32 gram described in section 215203(a)(3)(C) of this title. 

33 (6) PERIODIC INVENTORY.—Not later than the end of each 3-year 

34 period after September 30, 1995, until the area is redesignated to at35 tainment, the State shall submit a revised inventory meeting the re36 quirements of subsection (a)(1). 

37 (7) ENHANCED VEHICLE INSPECTION AND MAINTENANCE.— 

38 (A) IN GENERAL.—In the case of moderate areas with a design 

39 value greater than 12.7 parts per million at the time of classifica40 tion, the State shall submit a provision that includes provisions for 

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1 quired in section 215203(c)(5) of this title, except that the vehicle 

2 inspection and maintenance program shall be for the purpose of 

3 reducing carbon monoxide rather than hydrocarbon emissions. 

4 (B) ADJUSTMENT.—The Administrator may make the same ad5 justment for purposes of this paragraph as may be made under 

6 section 215302(a)(3) of this title. 

7 (8) ATTAINMENT DEMONSTRATION AND SPECIFIC ANNUAL EMISSION

8 REDUCTIONS.— 

9 (A) IN GENERAL.—In the case of moderate areas with a design 

10 value greater than 12.7 parts per million at the time of classifica11 tion, the State shall submit a provision to provide, and a dem12 onstration that the plan as revised will provide, for attainment of 

13 the carbon monoxide NAAQSes by the applicable attainment date 

14 and provisions for such specific annual emission reductions as are 

15 necessary to attain the standard by that date. 

16 (B) ADJUSTMENT.—The Administrator may make the same ad17 justment for purposes of this paragraph as may be made under 

18 section 215302(a)(3) of this title. 

19 (9) SCHEDULE.—The Administrator may require States to submit a 

20 schedule for submitting any of the provisions or other items required 

21 under this subsection. 

22 (10) MODERATE AREAS WITH A DESIGN VALUE OF 12.7 PARTS PER

23 MILLION OR LOWER.—In the case of a moderate area with a design 

24 value of 12.7 parts per million or lower at the time of classification, 

25 the requirements of this subsection shall apply in lieu of any require26 ment that the State submit a demonstration that the applicable imple27 mentation plan provides for attainment of the carbon monoxide stand28 ard by the applicable attainment date. 

29 (b) SERIOUS AREAS.— 

30 (1) IN GENERAL.—Each State in which all or part of a serious area 

31 is located shall, with respect to the serious area— 

32 (A) make the submissions (other than those required under sub33 section (a)(2)) applicable under subsection (a) to moderate areas 

34 with a design value of 12.7 parts per million or greater at the time 

35 of classification; and 

36 (B) submit the provision and other items described under this 

37 subsection. 

38 (2) VEHICLE MILES TRAVELED.— 

39 (A) IN GENERAL.—The State shall submit a provision that in40 cludes the transportation control measures as required in section 

41 215203(d)(3) of this title, except that the provision shall be for 


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1 the purpose of reducing carbon monoxide emissions rather than 

2 volatile organic compound emissions. 

3 (B) CLEAN FUEL FLEET PROGRAM.—In the case of a severe 

4 area (other than an area in New York State) that is a covered 

5 area (as defined in section 225106(a)(1)(B) of this title) for pur6 poses of the clean fuel fleet program under chapter 225, if the 

7 State fails to include a measure described in subparagraph (A), 

8 the implementation plan shall contain— 

9 (i) an explanation why such a measure was not adopted 

10 and what emission reduction measure was adopted to provide 

11 a comparable reduction in emissions; or 

12 (ii) reasons why such a reduction is not necessary to attain 

13 the primary NAAQS for carbon monoxide. 

14 (3) OXYGENATED GASOLINE.— 

15 (A) IN GENERAL.—The State shall submit a provision to require 

16 that gasoline sold, supplied, offered for sale or supply, dispensed, 

17 transported, or introduced into commerce in the larger of— 

18 (i) the Consolidated Metropolitan Statistical Area (as de19 fined by the Office of Management and Budget) in which the 

20 area is located; or 

21 (ii) if the area is not located in a Consolidated Metropoli22 tan Statistical Area, the Metropolitan Statistical Area (as de23 fined by the Office of Management and Budget) in which the 

24 area is located; 

25 be blended, during the portion of the year in which the area is 

26 prone to high ambient concentrations of carbon monoxide (as de27 termined by the Administrator), with fuels containing such a level 

28 of oxygen as is necessary, in combination with other measures, to 

29 provide for attainment of the carbon monoxide NAAQS by the ap30 plicable attainment date and maintenance of the NAAQS there31 after in the area. The provision shall include a program for imple32 mentation and enforcement of the requirement consistent with 

33 guidance issued by the Administrator. 

34 (B) PROVISION NOT NECESSARY.—Notwithstanding subpara35 graph (A), the provision described in this paragraph shall not be 

36 required for an area if the State demonstrates to the satisfaction 

37 of the Administrator that the provision is not necessary to provide 

38 for attainment of the carbon monoxide NAAQS by the applicable 

39 attainment date and maintenance of the NAAQS thereafter in the 

40 area. 


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1 (c) AREAS WITH SIGNIFICANT STATIONARY SOURCE EMISSIONS OF CAR2 BON MONOXIDE.— 

3 (1) SERIOUS AREAS.—In the case of serious areas in which sta4 tionary sources contribute significantly to carbon monoxide levels (as 

5 determined under regulations issued by the Administrator), the State 

6 shall submit a plan provision that provides that the term ‘‘major sta7 tionary source’’ includes (in addition to the sources described in section 

8 201101 of this title) any stationary source that emits, or has the poten9 tial to emit, 50 tons per year or more of carbon monoxide. 

10 (2) WAIVERS FOR CERTAIN AREAS.—The Administrator may, on a 

11 case-by-case basis, waive any requirements that pertain to transpor12 tation controls, inspection and maintenance, or oxygenated fuels where 

13 the Administrator determines by regulation that mobile sources of car14 bon monoxide do not contribute significantly to carbon monoxide levels 

15 in the area. 

16 (3) GUIDELINES.—The Administrator shall issue guidelines for and 

17 regulations determining whether stationary sources contribute signifi18 cantly to carbon monoxide levels in an area. 

19 (d) CARBON MONOXIDE MILESTONE.— 

20 (1) DEFINITION OF MILESTONE.—In this subsection, the term ‘‘mile21 stone’’ means a reduction in emissions of carbon monoxide equivalent 

22 to the total of the specific annual emission reductions required by De23 cember 31, 1995. 

24 (2) MILESTONE DEMONSTRATION.—Each State in which all or part 

25 of a serious area is located shall submit to the Administrator a dem26 onstration that the area has achieved the milestone. 

27 (3) ADEQUACY OF DEMONSTRATION.—A demonstration under this 

28 paragraph shall be submitted in such form and manner, and shall con29 tain such information and analysis, as the Administrator shall require. 

30 The Administrator shall determine whether or not a State’s demonstra31 tion is adequate within 90 days after the Administrator’s receipt of a 

32 demonstration that contains the information and analysis required by 

33 the Administrator. 

34 (4) FAILURE TO SUBMIT DEMONSTRATION OR TO MEET MILE35 STONE.—If a State fails to submit a demonstration under paragraph 

36 (2) within the required period, or if the Administrator notifies the 

37 State that the State has not met the milestone, the State shall, within 

38 9 months after such a failure or notification, submit a plan revision 

39 to implement an economic incentive and transportation control program 

40 as described in section 215203(g)(4) of this title. The revision shall be 


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1 sufficient to achieve the specific annual reductions in carbon monoxide 

2 emissions set forth in the plan by the attainment date. 

3 (e) MULTI-STATE CARBON MONOXIDE NONATTAINMENT AREAS.— 

4 (1) DEFINITION OF MULTI-STATE CARBON MONOXIDE NONATTAIN5 MENT AREA.—In this subsection, the term ‘‘multi-State carbon mon6 oxide nonattainment area’’ means a single carbon monoxide nonattain7 ment area that is located in more than 1 State. 

8 (2) COORDINATION AMONG STATES.— 

9 (A) IN GENERAL.—A State in which there is located a portion 

10 of a multi-State carbon monoxide nonattainment area shall take 

11 all reasonable steps to coordinate, substantively and procedurally, 

12 the provisions and implementation of State implementation plans 

13 applicable to the multi-State carbon monoxide nonattainment area. 

14 (B) NO PLAN PROVISION APPROVAL ABSENT COMPLIANCE.— 

15 The Administrator shall not approve any provision of a State im16 plementation plan submitted under this chapter for a State in 

17 which part of a volatile organic compound located if the plan pro18 vision for that State fails to comply with the requirements of this 

19 paragraph. 

20 (3) FAILURE TO DEMONSTRATE ATTAINMENT.—If any State in 

21 which there is located a portion of a multi-State carbon monoxide non22 attainment area fails to provide a demonstration of attainment of the 

23 NAAQS for carbon monoxide in that portion within the period required 

24 under this chapter, the State may petition the Administrator to make 

25 a finding that the State would have been able to make such a dem26 onstration but for the failure of 1 or more other States in which other 

27 portions of the multi-State carbon monoxide nonattainment area are lo28 cated to commit to the implementation of all measures required under 

29 this section. If the Administrator makes such a finding, in the portion 

30 of the multi-State carbon monoxide nonattainment area within the 

31 State submitting the petition, no sanction shall be imposed under sec32 tion 215111 of this title or under any other provision of this division 

33 by reason of the failure to make such a demonstration. 

34 (f) RECLASSIFIED AREAS.—Each State containing a carbon monoxide 

35 nonattainment area reclassified under section 215302(b)(2) of this title 

36 shall meet the requirements of subsection (b), as may be applicable to the 

37 area as reclassified, according to the schedules prescribed in connection with 

38 those requirements, except that the Administrator may adjust any applica39 ble deadlines (other than the attainment date) where such deadlines are 

40 shown to be infeasible. 


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1 (g) FAILURE OF SERIOUS AREA TO ATTAIN STANDARD.—If the Adminis2 trator determines under section 215302(b)(2) of this title that the primary 

3 NAAQS for carbon monoxide has not been attained in a serious area by 

4 the applicable attainment date, the State shall submit a plan revision for 

5 the area within 9 months after the date of the determination. The plan revi6 sion shall provide that a program of incentives and requirements as de7 scribed in section 215203(g)(4) of this title shall be applicable in the area, 

8 and the program, in combination with other elements of the revised plan, 

9 shall be adequate to reduce the total tonnage of emissions of carbon mon10 oxide in the area by at least 5 percent per year in each year after approval 

11 of the plan revision and before attainment of the primary NAAQS for car12 bon monoxide. 

13 Subchapter IV—Additional Provisions for 

14 Particulate Matter Nonattainment Areas 

15 § 215401. Definitions 

16 In this subchapter: 

17 (1) MODERATE AREA.—The term ‘‘moderate area’’ means an area 

18 that is classified as a moderate PM–10 nonattainment area under sec19 tion 215402(a) of this title. 

20 (2) SERIOUS AREA.—The term ‘‘serious area’’ means an area that 

21 is reclassified as a serious PM–10 nonattainment area under section 

22 215402(b) of this title. 

23 § 215402. Classifications and attainment dates 

24 (a) INITIAL CLASSIFICATIONS.— 

25 (1) IN GENERAL.—Every area designated nonattainment for PM–10 

26 pursuant to section 211107(d) of this title shall be classified at the 

27 time of such designation, by operation of law, as a moderate PM–10 

28 nonattainment area at the time of the designation. 

29 (2) NOTICE.—At the time of publication of the notice under section 

30 211107(d)(4) of this title for each PM–10 nonattainment area, the Ad31 ministrator shall publish a notice announcing the classification of such 

32 area. Section 215102(a)(1)(B) of this title shall apply with respect to 

33 such a classification. 

34 (b) RECLASSIFICATION AS A SERIOUS AREA.— 

35 (1) RECLASSIFICATION BEFORE ATTAINMENT DATE.—The Adminis36 trator may reclassify as a serious PM–10 nonattainment area any area 

37 that the Administrator determines cannot practicably attain the 

38 NAAQS for PM–10 by the attainment date (as prescribed in subsection 

39 (c)) for moderate areas. 

40 (2) RECLASSIFICATION ON FAILURE TO ATTAIN.—Within 6 months 

41 following the applicable attainment date for a PM–10 nonattainment 


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1 area, the Administrator shall determine whether the area attained the 

2 standard by that date. If the Administrator finds that any moderate 

3 area is not in attainment after the applicable attainment date— 

4 (A) the area shall be reclassified by operation of law as a seri5 ous area; and 

6 (B) the Administrator shall publish a notice in the Federal Reg7 ister not later than 6 months following the attainment date, identi8 fying the area as having failed to attain and identifying the reclas9 sification described under subparagraph (A). 

10 (c) ATTAINMENT DATES.—Except as provided under subsection (d), the 

11 attainment dates for PM–10 nonattainment areas shall be as follows: 

12 (1) MODERATE AREAS.—For a moderate area, the attainment date 

13 shall be as expeditiously as practicable but not later than the end of 

14 the 6th calendar year after the area’s designation as nonattainment, 

15 except that, for areas designated nonattainment for PM–10 under sec16 tion 211107(d)(4) of this title, the attainment date shall not extend be17 yond December 31, 1994. 

18 (2) SERIOUS AREAS.—For a serious area, the attainment date shall 

19 be as expeditiously as practicable but not later than the end of the 10th 

20 calendar year beginning after the area’s designation as nonattainment, 

21 except that, for areas designated nonattainment for PM–10 under sec22 tion 211107(d)(4) of this title, the date shall not extend beyond De23 cember 31, 2001. 

24 (d) EXTENSION OF ATTAINMENT DATE FOR MODERATE AREAS.— 

25 (1) IN GENERAL.—On application by any State, the Administrator 

26 may extend for 1 additional year (referred to in this subsection as an 

27 ‘‘extension year’’) the date specified in subsection (c)(1) if— 

28 (A) the State has complied with all requirements and commit29 ments pertaining to the area in the applicable implementation 

30 plan; and 

31 (B) not more than 1 exceedance of the 24-hour NAAQS level 

32 for PM–10 has occurred in the area in the year preceding the ex33 tension year, and the annual mean concentration of PM–10 in the 

34 area for the extension year is less than or equal to the standard 

35 level. 

36 (2) LIMITATION.—Not more than 2 one-year extensions may be 

37 issued under this subsection for a single nonattainment area. 

38 (e) EXTENSION OF ATTAINMENT DATE FOR SERIOUS AREAS.— 

39 (1) IN GENERAL.—On application by any State, the Administrator 

40 may extend the attainment date for a serious area beyond the date 

41 specified under subsection (c) if— 


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1 (A) attainment by the date established under subsection (c) 

2 would be impracticable; 

3 (B) the State has complied with all requirements and commit4 ments pertaining to the serious area in the implementation plan; 

5 and 

6 (C) the State demonstrates to the satisfaction of the Adminis7 trator that the plan for the serious area includes the most strin8 gent measures that— 

9 (i) are included in the implementation plan of any State or 

10 are achieved in practice in any State; and 

11 (ii) can feasibly be implemented in the serious area. 

12 (2) PLAN PROVISION.—At the time of an application under para13 graph (1), the State shall submit an implementation plan provision that 

14 includes a demonstration of attainment by the most expeditious alter15 native date practicable. 

16 (3) CONSIDERATIONS.—In determining whether to grant an exten17 sion, and the appropriate length of time for any such extension, the 

18 Administrator may consider— 

19 (A) the nature and extent of nonattainment; 

20 (B) the types and numbers of sources or other emitting activi21 ties in the serious area (including the influence of uncontrollable 

22 natural sources and transboundary emissions from foreign coun23 tries); 

24 (C) the population exposed to concentrations in excess of the 

25 standard; 

26 (D) the presence and concentration of potentially toxic sub27 stances in the mix of particulate emissions in the area; and 

28 (E) the technological and economic feasibility of various control 

29 measures. 

30 (4) ATTAINMENT DEMONSTRATION.—The Administrator may not ap31 prove an extension until the State submits an attainment demonstra32 tion for the area. 

33 (5) LIMITATION.—The Administrator may grant not more than 1 ex34 tension for a serious area, of not more than 5 years. 

35 (f) WAIVERS FOR CERTAIN SERIOUS AREAS.—The Administrator may, on 

36 a case-by-case basis, waive any requirement applicable to any serious area 

37 under this subchapter where the Administrator determines that anthropo38 genic sources of PM–10 do not contribute significantly to the violation of 

39 the PM–10 standard in the area. The Administrator may also waive a spe40 cific date for attainment of the standard where the Administrator deterVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 mines that nonanthropogenic sources of PM–10 contribute significantly to 

2 the violation of the PM–10 standard in the area. 

3 § 215403. Plan provisions and schedules for plan submis4 sions 

5 (a) MODERATE AREAS.—Each State in which all or part of a moderate 

6 area is located shall submit, 18 months after the designation as nonattain7 ment, an implementation plan that includes each of the following: 

8 (1) For the purpose of meeting the requirements of section 

9 215102(c)(5) of this title, a permit program providing that permits 

10 meeting the requirements of section 215103 of this title are required 

11 for the construction and operation of new and modified major sta12 tionary sources of PM–10. 

13 (2)(A) A demonstration (including air quality modeling) that the 

14 plan will provide for attainment by the applicable attainment date; or 

15 (B) a demonstration that attainment by that date is impracticable. 

16 (3) Provisions to ensure that reasonably available control measures 

17 for the control of PM–10 shall be implemented not later than 4 years 

18 after designation as a moderate area. 

19 (b) SERIOUS AREAS.— 

20 (1) PLAN PROVISIONS.—In addition to the provisions submitted to 

21 meet the requirements of subsection (a), each State in which all or part 

22 of a serious area is located shall submit an implementation plan for 

23 the serious area that includes each of the following: 

24 (A)(i) A demonstration (including air quality modeling) that the 

25 plan provides for attainment of the NAAQS for PM–10 by the ap26 plicable attainment date; or 

27 (ii) for any area for which the State is seeking, pursuant to sec28 tion 215402(e) of this title, an extension of the attainment date 

29 beyond the date set forth in section 215402(e) of this title, a dem30 onstration (including air quality modeling) that— 

31 (I) attainment by that date would be impracticable; and 

32 (II) the plan provides for attainment by the most expedi33 tious alternative date practicable. 

34 (B) Provisions to ensure that the best available control meas35 ures for the control of PM–10 shall be implemented not later than 

36 4 years after the date on which the area is classified (or reclassi37 fied) as a serious area. 

38 (2) SCHEDULE FOR PLAN SUBMISSIONS.—A State shall submit the 

39 demonstration required for an area under paragraph (1)(A) not later 

40 than 4 years after reclassification of the area as a serious area, except 

41 that for areas reclassified under section 215402(b)(2) of this title, the 


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1 State shall submit the attainment demonstration within 18 months 

2 after reclassification as a serious area. A State shall submit the provi3 sions described under paragraph (1)(B) not later than 18 months after 

4 reclassification of the area as a serious area. 

5 (3) MAJOR SOURCES.—For any serious area, the terms ‘‘major 

6 source’’ and ‘‘major stationary source’’ include any stationary source 

7 or group of stationary sources located within a contiguous area and 

8 under common control that emits, or has the potential to emit, at least 

9 70 tons per year of PM–10 or PM–10 precursors. 

10 (c) MILESTONES.— 

11 (1) IN GENERAL.—Plan provisions demonstrating attainment sub12 mitted to the Administrator for approval under this subchapter shall 

13 contain quantitative milestones that are to be achieved every 3 years 

14 until the serious area is redesignated attainment and that demonstrate 

15 reasonable further progress (as defined in section 215101 of this title) 

16 toward attainment by the applicable date. 

17 (2) DEMONSTRATION.—Not later than 90 days after the date on 

18 which a milestone applicable to the area occurs, each State in which 

19 all or part of the serious area is located shall submit to the Adminis20 trator a demonstration that all measures in the plan approved under 

21 this section have been implemented and that the milestone has been 

22 met. A demonstration under this subsection shall be submitted in such 

23 form and manner, and shall contain such information and analysis, as 

24 the Administrator shall require. The Administrator shall determine 

25 whether or not a State’s demonstration under this subsection is ade26 quate within 90 days after the Administrator’s receipt of a demonstra27 tion that contains the information and analysis required by the Admin28 istrator. 

29 (3) FAILURE TO SUBMIT DEMONSTRATION OR TO MEET MILE30 STONE.—If a State fails to submit a demonstration under paragraph 

31 (2) with respect to a milestone within the required period or if the Ad32 ministrator determines that the area has not met any milestone, the 

33 Administrator shall require the State, within 9 months after the failure 

34 or determination, to submit a plan provision that ensures that the 

35 State will achieve the next milestone (or attain the NAAQS for PM– 

36 10, if there is no next milestone) by the applicable date. 

37 (d) FAILURE TO ATTAIN.—In the case of a serious area in which the 

38 NAAQS for PM–10 is not attained by the applicable attainment date, the 

39 State in which the serious area is located shall, after notice and opportunity 

40 for public comment, submit within 12 months after the applicable attain41 ment date, plan provisions that provide for— 


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1 (1) attainment of the NAAQS for PM–10; and 

2 (2) an annual reduction in PM–10 or PM–10 precursor emissions 

3 within the area, from the date of the submission until attainment, of 

4 not less than 5 percent of the amount of PM–10 or PM–10 precursor 

5 emissions as reported in the most recent inventory prepared for the se6 rious area. 

7 (e) PM–10 PRECURSORS.— 

8 (1) IN GENERAL.—The control requirements applicable under plans 

9 in effect under this chapter for major stationary sources of PM–10 

10 shall apply to major stationary sources of PM–10 precursors, except 

11 where the Administrator determines that major stationary sources of 

12 PM–10 precursors do not contribute significantly to PM–10 levels that 

13 exceed the NAAQS in the serious area. 

14 (2) GUIDELINES.—The Administrator shall issue guidelines regard15 ing the application of paragraph (1). 

16 § 215404. Issuance of RACM and BACM guidance 

17 (a) IN GENERAL.—The Administrator shall issue, in the same manner 

18 and according to the same procedure as guidance is issued under section 

19 211108(c) of this title, technical guidance on reasonably available control 

20 measures and best available control measures for— 

21 (1) urban fugitive dust; and 

22 (2) emissions from residential wood combustion (including curtail23 ments and exemptions from curtailments) and prescribed silvicultural 

24 and agricultural burning. 

25 (b) OTHER CATEGORIES OF SOURCES CONTRIBUTING TO NONATTAIN26 MENT OF THE PM–10 STANDARD.—The Administrator shall— 

27 (1) examine other categories of sources contributing to nonattain28 ment of the PM–10 standard; 

29 (2) determine whether additional guidance on reasonably available 

30 control measures and best available control measures is needed; and 

31 (3) issue any such guidance. 

32 (c) CONSIDERATIONS.—In issuing guidelines and making determinations 

33 under this section, the Administrator (in consultation with the States) shall 

34 take into account emission reductions achieved, or expected to be achieved, 

35 under subdivision 5 and other provisions of this division. 

36 Subchapter V—Additional Provisions for 

37 Areas Designated Nonattainment for Sul38 fur Dioxides, Nitrogen Oxide, or Lead 

39 § 215501. Plan submission deadlines 

40 (a) SUBMISSION.—Any State containing an area designated or redesig41 nated under section 211107(d) of this title as nonattainment with respect 


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1 to the primary NAAQSes for sulfur oxides, nitrogen dioxide, or lead subse2 quent to November 15, 1990, shall submit to the Administrator, within 18 

3 months of the designation, an applicable implementation plan meeting the 

4 requirements of this chapter. 

5 (b) STATES LACKING FULLY APPROVED STATE IMPLEMENTATION

6 PLANS.—Any State containing an area designated nonattainment with re7 spect to primary NAAQSes for sulfur oxides or nitrogen dioxide under sec8 tion 211107(d)(1)(C)(i) of this title, but lacking a fully approved implemen9 tation plan complying with the requirements of the Clean Air Act (42 

10 U.S.C. 7401 et seq.) as in effect on November 14, 1990, shall submit to 

11 the Administrator an implementation plan meeting the requirements of sub12 chapter I (except as otherwise prescribed by section 215502 of this title). 

13 § 215502. Attainment dates 

14 (a) PLANS UNDER SECTION 215501(a).—Implementation plans required 

15 under section 215501(a) of this title shall provide for attainment of the rel16 evant primary standard as expeditiously as practicable but not later than 

17 5 years after the date of the nonattainment designation. 

18 (b) PLANS UNDER SECTION 215501(b).—Implementation plans required 

19 under section 215501(b) of this title shall provide for attainment of the rel20 evant primary NAAQS within 5 years after November 15, 1990. 

21 (c) INADEQUATE PLANS.—Implementation plans for nonattainment areas 

22 for sulfur oxides or nitrogen dioxide with plans that were approved by the 

23 Administrator before November 15, 1990, but, subsequent to approval, were 

24 found by the Administrator to be substantially inadequate, shall provide for 

25 attainment of the relevant primary standard within 5 years after the date 

26 of the finding. 

27 Subchapter VI—Savings Provisions 

28 § 215601. General savings clause 

29 Each regulation, standard, notice, order, and guidance promulgated or 

30 issued by the Administrator under the Clean Air Act (42 U.S.C. 7401 et 

31 seq.) (as in effect before November 15, 1990) shall remain in effect accord32 ing to its terms, except to the extent otherwise provided under this division, 

33 inconsistent with any provision of this division, or revised by the Adminis34 trator. No control requirement in effect, or required to be adopted by an 

35 order, settlement agreement, or plan in effect before November 15, 1990, 

36 in any area that is a nonattainment area for any air pollutant may be modi37 fied in any manner unless the modification ensures equivalent or greater 

38 emission reductions of that air pollutant. 


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1 Subdivision 3—Emission Standards for 

2 Moving Sources 

3 Chapter 221—Motor Vehicle Emission And 

4 Fuel Standards 

Sec. 

221101. Definitions. 

221102. Emission standards for new motor vehicles or new motor vehicle engines. 

221103. Prohibited acts. 

221104. Injunction proceedings. 

221105. Civil penalties. 

221106. Motor vehicle and motor vehicle engine compliance testing and certification. 

221107. Compliance by vehicles and engines in actual use. 

221108. Information collection. 

221109. State standards. 

221110. State grants. 

221111. Regulation of fuels. 

221112. Renewable fuel. 

221113. Nonroad engines and nonroad vehicles. 

221114. High altitude performance adjustments. 

221115. Motor vehicle compliance program fees. 

221116. Prohibition of production of engines requiring leaded gasoline. 

221117. Urban bus standards. 

5 § 221101. Definitions 

6 In this chapter: 

7 (1) COMMERCE.—The term ‘‘commerce’’ means— 

8 (A) commerce between any place in any State and any place 

9 outside the State; and 

10 (B) commerce wholly within the District of Columbia. 

11 (2) DEALER.—The term ‘‘dealer’’ means any person engaged in the 

12 sale or distribution of new motor vehicles or new motor vehicle engines 

13 to an ultimate purchaser. 

14 (3) GROSS VEHICLE WEIGHT RATING.—The term ‘‘gross vehicle 

15 weight rating’’ has the meaning given the term in regulations promul16 gated by the Administrator and in effect as of November 15, 1990. 

17 (4) GVWR.—The term ‘‘GVWR’’ means gross vehicle weight rating. 

18 (5) HEAVY-DUTY VEHICLE.— 

19 (A) IN GENERAL.—The term ‘‘heavy-duty vehicle’’ means a 

20 truck, bus, or other vehicle manufactured primarily for use on the 

21 public streets, roads, and highways (not including any vehicle op22 erated exclusively on a rail or rails) that has a gross vehicle weight 

23 rating (as determined under regulations promulgated by the Ad24 ministrator) in excess of 6,000 pounds. 

25 (B) INCLUSIONS.—The term ‘‘heavy-duty vehicle’’ includes any 

26 vehicle described in subparagraph (A) that has special features en27 abling off-street or off-highway operation and use. 

28 (6) LDT.—The term ‘‘LDT’’ means light-duty truck. 


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1 (7) LIGHT-DUTY TRUCK.—The term ‘‘light-duty truck’’ has the 

2 meaning given the term in regulations promulgated by the Adminis3 trator and in effect as of November 15, 1990. 

4 (8) LIGHT-DUTY VEHICLE.—The term ‘‘light-duty vehicle’’ has the 

5 meaning given the term in regulations promulgated by the Adminis6 trator and in effect as of November 15, 1990. 

7 (9) LOADED VEHICLE WEIGHT.—The term ‘‘loaded vehicle weight’’ 

8 has the meaning given the term in regulations promulgated by the Ad9 ministrator and in effect as of November 15, 1990. 

10 (10) LVW.—The term ‘‘LVW’’ means loaded vehicle weight. 

11 (11) MANUFACTURER.— 

12 (A) IN GENERAL.—The term ‘‘manufacturer’’, as used in sec13 tions 221102, 221103, 221106, 221107, and 221108 of this title, 

14 means— 

15 (i) any person that is engaged in manufacturing, assem16 bling, or importing for resale new motor vehicles, new motor 

17 vehicle engines, new nonroad vehicles, or new nonroad en18 gines; or 

19 (ii) any person that acts for and is under the control of a 

20 person described in clause (i) in connection with the distribu21 tion of new motor vehicles, new motor vehicle engines, new 

22 nonroad vehicles, or new nonroad engines. 

23 (B) EXCLUSIONS.—The term ‘‘manufacturer’’, as used in sec24 tions 221102, 221103, 221106, 221107, and 221108 of this title, 

25 does not include any dealer with respect to new motor vehicles, 

26 new motor vehicle engines, new nonroad vehicles, or new nonroad 

27 engines received by the dealer in commerce. 

28 (C) MOTOR VEHICLE PARTS AND MOTOR VEHICLE ENGINE

29 PARTS.—The term ‘‘manufacturer’’, as used in sections 221107 

30 and 221108 of this title with reference to a manufacturer of a 

31 motor vehicle part or motor vehicle engine part, means any person 

32 engaged in the manufacturing, assembling or rebuilding of any de33 vice, system, part, component, or element of design that is in34 stalled in or on a motor vehicle or motor vehicle engine. 

35 (12) MODEL YEAR.— 

36 (A) IN GENERAL.—Subject to subparagraph (B), the term 

37 ‘‘model year’’, with reference to any specific calendar year, 

38 means— 

39 (i) a manufacturer’s annual production period (as deter40 mined by the Administrator) that includes January 1 of that 

41 calendar year; or 


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1 (ii) with respect to a manufacturer that has no annual pro2 duction period, the calendar year. 

3 (B) DEFINITION BY THE ADMINISTRATOR.—For the purpose of 

4 ensuring that vehicles and engines manufactured before the begin5 ning of a model year are not manufactured for purposes of circum6 venting the effective date of a standard required to be prescribed 

7 by section 221102(b) of this title, the Administrator may prescribe 

8 regulations defining the term ‘‘model year’’ otherwise than as pro9 vided in subparagraph (A). 

10 (13) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means any self11 propelled vehicle designed for transporting persons or property on a 

12 street or highway. 

13 (14) NEW MOTOR VEHICLE.— 

14 (A) IN GENERAL.—Except with respect to vehicles imported or 

15 offered for importation, the term ‘‘new motor vehicle’’ means a 

16 motor vehicle the equitable or legal title to which has never been 

17 transferred to an ultimate purchaser. 

18 (B) VEHICLES IMPORTED OR OFFERED FOR IMPORTATION.— 

19 With respect to a vehicle imported or offered for importation, the 

20 term ‘‘new motor vehicle’’ means a motor vehicle manufactured 

21 after the effective date of a regulation issued under section 

22 221102 of this title that is applicable to the vehicle (or that would 

23 be applicable to the vehicle had it been manufactured for importa24 tion into the United States). 

25 (15) NEW MOTOR VEHICLE ENGINE.— 

26 (A) IN GENERAL.—Except with respect to an engine imported 

27 or offered for importation, the term ‘‘new motor vehicle engine’’ 

28 means— 

29 (i) an engine in a new motor vehicle; or 

30 (ii) a motor vehicle engine the equitable or legal title to 

31 which has never been transferred to an ultimate purchaser. 

32 (B) ENGINES IMPORTED OR OFFERED FOR IMPORTATION.— 

33 With respect to an engine imported or offered for importation, the 

34 term ‘‘new motor vehicle engine’’ means an engine manufactured 

35 after the effective date of a regulation issued under section 

36 221102 of this title that is applicable to the engine (or that would 

37 be applicable to the engine had it been manufactured for importa38 tion into the United States). 

39 (16) NMHC.—The term ‘‘NMHC’’ means nonmethane hydrocarbon. 

40 (17) NONROAD ENGINE.—The term ‘‘nonroad engine’’ means an in41 ternal combustion engine (including the fuel system) that— 


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1 (A) is not used in a motor vehicle or a vehicle used solely for 

2 competition; or 

3 (B) is not subject to standards promulgated under section 

4 211111 or 221102 of this title. 

5 (18) NONROAD VEHICLE.—The term ‘‘nonroad vehicle’’ means a ve6 hicle that— 

7 (A) is powered by a nonroad engine; and 

8 (B) is not a motor vehicle or a vehicle used solely for competi9 tion. 

10 (19) TEST WEIGHT.—The term ‘‘test weight’’, with reference to the 

11 test weight of a vehicle, means— 

12 (A)(i) the vehicle curb weight of the vehicle; plus 

13 (ii) the gross vehicle weight rating of the vehicle; divided by 

14 (B) 2. 

15 (20) TW.—The term ‘‘TW’’ means test weight. 

16 (21) ULTIMATE PURCHASER.—The term ‘‘ultimate purchaser’’ 

17 means, with respect to any new motor vehicle or new motor vehicle en18 gine, the 1st person that in good faith purchases the new motor vehicle 

19 or new engine for purposes other than resale. 

20 (22) VEHICLE CURB WEIGHT.—The term ‘‘vehicle curb weight’’ has 

21 the meaning given the term in regulations promulgated by the Adminis22 trator and in effect as of November 15, 1990. 

23 § 221102. Emission standards for new motor vehicles or new 

24 motor vehicle engines 

25 (a) IN GENERAL.— 

26 (1) REGULATIONS.— 

27 (A) IN GENERAL.—The Administrator shall by regulation pre28 scribe (and from time to time revise) standards applicable to the 

29 emission of any air pollutant from any class or classes of new 

30 motor vehicles or new motor vehicle engines that, in the Adminis31 trator’s judgment, cause or contribute to air pollution that may 

32 reasonably be anticipated to endanger public health or welfare. 

33 (B) APPLICABILITY FOR USEFUL LIFE.—The standards shall be 

34 applicable to such vehicles and engines for their useful life, wheth35 er the vehicles and engines are designed as complete systems or 

36 incorporate devices to prevent or control air pollution. 

37 (C) REGULATIONS.—The Administrator shall prescribe regula38 tions under which the useful life of vehicles and engines shall be 

39 determined for purposes of this paragraph and section 221107 of 

40 this title. The regulations shall provide that except where a dif41 ferent useful life period is specified in this subdivision— 


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1 (i) in the case of light-duty vehicles and light-duty vehicle 

2 engines and light-duty trucks up to 3,750 pounds loaded vehi3 cle weight and up to 6,000 pounds gross vehicle weight rat4 ing, useful life shall be a period of use of 5 years or 50,000 

5 miles (or the equivalent), whichever first occurs, except that 

6 in the case of any requirement of this section where the use7 ful life period is not otherwise specified for light-duty vehicles 

8 and light-duty vehicle engines, the period shall be 10 years or 

9 100,000 miles (or the equivalent), whichever first occurs, with 

10 testing for purposes of in-use compliance under section 

11 221107 of this title up to (but not beyond) 7 years or 75,000 

12 miles (or the equivalent), whichever first occurs; 

13 (ii) in the case of any other motor vehicle or motor vehicle 

14 engine (other than motorcycles or motorcycle engines), useful 

15 life shall be a period of use set forth in clause (i) unless the 

16 Administrator determines that a period of use of greater du17 ration or mileage is appropriate; and 

18 (iii) in the case of any motorcycle or motorcycle engine, 

19 useful life shall be a period of use determined by the Adminis20 trator. 

21 (2) EFFECTIVE DATE.—Any regulation prescribed under paragraph 

22 (1) (and any revision thereof) shall take effect after such period as the 

23 Administrator finds necessary to permit the development and applica24 tion of the requisite technology, giving appropriate consideration to the 

25 cost of compliance within that period. 

26 (3) HEAVY-DUTY VEHICLES AND ENGINES.— 

27 (A) IN GENERAL.— 

28 (i) GREATEST DEGREE OF EMISSION REDUCTION.—Unless 

29 the standard is changed as provided in subparagraph (B), 

30 regulations under paragraph (1) applicable to emissions of 

31 hydrocarbons, carbon monoxide, nitrogen oxides, and particu32 late matter from classes or categories of heavy-duty vehicles 

33 or engines shall contain standards that reflect the greatest 

34 degree of emission reduction achievable through the applica35 tion of technology that the Administrator determines will be 

36 available for the model year to which the standards apply, 

37 giving appropriate consideration to cost, energy, and safety 

38 factors associated with the application of the technology. 

39 (ii) CLASSES AND CATEGORIES.—In establishing classes or 

40 categories of vehicles or engines for purposes of regulations 

41 under this paragraph, the Administrator may base the classes 


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1 or categories on gross vehicle weight, horsepower, type of fuel 

2 used, or other appropriate factors. 

3 (B) REVISED STANDARDS FOR HEAVY-DUTY VEHICLES.— 

4 (i) IN GENERAL.—On the basis of information available to 

5 the Administrator concerning the effects of air pollutants 

6 emitted from heavy-duty vehicles or engines and from other 

7 sources of mobile source-related pollutants on the public 

8 health and welfare, and taking costs into account, the Admin9 istrator may promulgate regulations under paragraph (1) re10 vising any standard promulgated under, or before the date of 

11 enactment of, Public Law 101–549 (104 Stat. 2399) (com12 monly known as the Clean Air Act Amendments of 1990) (or 

13 previously revised under this subparagraph) and applicable to 

14 classes or categories of heavy-duty vehicles or engines. 

15 (ii) NITROGEN OXIDES.—The regulations under paragraph 

16 (1) applicable to emissions of nitrogen oxides from gasoline17 fueled heavy-duty vehicles and diesel-fueled heavy-duty vehi18 cles shall contain standards that provide that such emissions 

19 may not exceed 4.0 grams per brake horsepower hour. 

20 (C) LEAD TIME AND STABILITY.—Any standard promulgated or 

21 revised under this paragraph and applicable to classes or cat22 egories of heavy-duty vehicles or engines shall apply for a period 

23 of not less than 3 model years beginning not earlier than the 

24 model year commencing 4 years after the revised standard is pro25 mulgated. 

26 (D) REBUILDING PRACTICES.— 

27 (i) IN GENERAL.—The Administrator shall study the prac28 tice of rebuilding heavy-duty engines and the impact rebuild29 ing has on engine emissions. On the basis of that study and 

30 other information available to the Administrator, the Admin31 istrator may prescribe requirements to control rebuilding 

32 practices, including standards applicable to emissions from 

33 any rebuilt heavy-duty engines (whether or not the engine is 

34 past its statutory useful life), that in the Administrator’s 

35 judgment, cause or contribute to air pollution that may rea36 sonably be anticipated to endanger public health or welfare, 

37 taking costs into account. 

38 (ii) EFFECTIVE DATE.—Any regulation shall take effect 

39 after a period that the Administrator finds necessary to per40 mit the development and application of the requisite control 


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1 measures, giving appropriate consideration to the cost of com2 pliance within the period and energy and safety factors. 

3 (E) MOTORCYCLES.—For purposes of this paragraph, motor4 cycles and motorcycle engines shall be treated in the same manner 

5 as heavy-duty vehicles and engines (except as otherwise permitted 

6 under section 221106(f) of this title) unless the Administrator 

7 promulgates a regulation reclassifying motorcycles as light-duty 

8 vehicles within the meaning of this section or unless the Adminis9 trator promulgates regulations under this subsection applying 

10 standards applicable to the emission of air pollutants from motor11 cycles as a separate class or category. In any case in which such 

12 standards are promulgated for such emissions from motorcycles as 

13 a separate class or category, the Administrator, in promulgating 

14 the standards, shall consider the need to achieve equivalency of 

15 emission reductions between motorcycles and other motor vehicles 

16 to the maximum extent practicable. 

17 (4) NO CAUSATION OF CONTRIBUTION TO UNREASONABLE RISK TO

18 PUBLIC HEALTH OR SAFETY.— 

19 (A) IN GENERAL.—No emission control device, system, or ele20 ment of design shall be used in a new motor vehicle or new motor 

21 vehicle engine for purposes of complying with requirements pre22 scribed under this subdivision if the device, system, or element of 

23 design will cause or contribute to an unreasonable risk to public 

24 health, welfare, or safety in its operation or function. 

25 (B) CONSIDERATIONS.—In determining whether an unreason26 able risk exists under subparagraph (A), the Administrator shall 

27 consider, among other factors— 

28 (i) whether and to what extent the use of any device, sys29 tem, or element of design causes, increases, reduces, or elimi30 nates emissions of any unregulated pollutants; 

31 (ii) available methods for reducing or eliminating any risk 

32 to public health, welfare, or safety that may be associated 

33 with the use of the device, system, or element of design; 

34 (iii) the availability of other devices, systems, or elements 

35 of design that may be used to conform to requirements pre36 scribed under this subdivision without causing or contributing 

37 to the unreasonable risk; and 

38 (iv) all relevant information developed pursuant to section 

39 214 of the Clean Air Act (42 U.S.C. 7548) (as in effect be40 fore the repeal of that section). 

41 (5) FILL PIPE STANDARDS.— 


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1 (A) DEFINITION OF FILL PIPE.—In this paragraph, the term 

2 ‘‘fill pipe’’ includes a fuel tank fill pipe, fill neck, fill inlet, and 

3 closure. 

4 (B) IN GENERAL.—If the Administrator promulgates final regu5 lations that define the degree of control required and the test pro6 cedures by which compliance could be determined for gasoline 

7 vapor recovery of uncontrolled emissions from the fueling of motor 

8 vehicles, the Administrator shall, after consultation with the Sec9 retary of Transportation with respect to motor vehicle safety, pre10 scribe, by regulation, fill pipe standards for new motor vehicles to 

11 ensure effective connection between the fill pipe and any vapor re12 covery system that the Administrator determines may be required 

13 to comply with the vapor recovery regulations. 

14 (C) CONSIDERATIONS.—In promulgating standards under sub15 paragraph (B), the Administrator shall take into consideration— 

16 (i) limits on fill pipe diameter; 

17 (ii) minimum design criteria for nozzle retainer lips; 

18 (iii) limits on the location of the unleaded fuel restrictors; 

19 (iv) a minimum access zone surrounding a fill pipe; 

20 (v) a minimum pipe or nozzle insertion angle; and 

21 (vi) such other factors as the Administrator considers perti22 nent. 

23 (D) EFFECTIVE DATE.—Regulations prescribing standards 

24 under subparagraph (B) shall not become effective until the intro25 duction of the model year for which it would be feasible to imple26 ment the standards, taking into consideration the restraints of an 

27 adequate leadtime for design and production. 

28 (E) EFFECT OF PARAGRAPH.—Nothing in this paragraph 

29 shall— 

30 (i) prevent the Administrator from specifying different noz31 zle and fill neck sizes for gasoline with additives and gasoline 

32 without additives; or 

33 (ii) permit the Administrator to require a specific location, 

34 configuration, modeling, or styling of a motor vehicle body 

35 with respect to the fuel tank fill neck or fill nozzle clearance 

36 envelope. 

37 (6) ONBOARD VAPOR RECOVERY.— 

38 (A) IN GENERAL.—After consultation with the Secretary of 

39 Transportation regarding the safety of vehicle-based (‘‘onboard’’) 

40 systems for the control of vehicle refueling emissions, the Adminis41 trator shall promulgate standards under this section requiring that 


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1 new light-duty vehicles manufactured beginning in the 4th model 

2 year after the model year in which the standards are promulgated 

3 and thereafter shall be equipped with onboard vapor recovery sys4 tems. 

5 (B) IMPLEMENTATION SCHEDULE.—Beginning with the 4th 

6 model year after the model year in which the standards are pro7 mulgated, the standards required under this paragraph shall apply 

8 to the following percentages of each manufacturer’s fleet of new 

9 light-duty vehicles: 

IMPLEMENTATION SCHEDULE FOR ONBOARD VAPOR RECOVERY REQUIREMENTS

Model year commencing after 

standards promulgated Percentage* 

4th ......................................................................................................................................... 40 

5th ......................................................................................................................................... 80 

After 5th ................................................................................................................................ 100 

*Percentages in the table refer to a percentage of the manufacturer’s sales volume. 

10 (C) MINIMUM EVAPORATIVE EMISSION CAPTURE EFFICIENCY.— 

11 The standards required under this paragraph shall require that 

12 onboard vapor recovery systems provide a minimum evaporative 

13 emission capture efficiency of 95 percent. 

14 (D) OTHER REQUIREMENTS.—The requirements of section 

15 215203(b)(4) of this title for areas classified under section 

16 215202 of this title as a moderate area for ozone shall not apply 

17 after promulgation of standards under this paragraph, and the 

18 Administrator may, by regulation, revise or waive the application 

19 of the requirements of section 215203(b)(4) of this title for areas 

20 classified under section 215202 of this title as a serious area, se21 vere area, or extreme area for ozone, as appropriate, after such 

22 time as the Administrator determines that onboard emission con23 trol systems required under this paragraph are in widespread use 

24 throughout the motor vehicle fleet. 

25 (b) CARBON MONOXIDE, HYDROCARBONS, AND NITROGEN OXIDES.— 

26 (1) IN GENERAL.— 

27 (A) CARBON MONOXIDE AND HYDROCARBONS.— 

28 (i) HYDROCARBONS.—The regulations under subsection (a) 

29 applicable to emissions of hydrocarbons from light-duty vehi30 cles and engines shall contain standards that require a reduc31 tion of at least 90 percent from emissions of hydrocarbons al32 lowable under the standards under this section applicable to 

33 light-duty vehicles and engines manufactured in model year 

34 1970. 

35 (ii) CARBON MONOXIDE.—Unless waived as provided in 

36 paragraph (2), the regulations under subsection (a) applicable 


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1 to emissions of carbon monoxide from light-duty vehicles and 

2 engines shall contain standards that require a reduction of at 

3 least 90 percent from emissions of carbon monoxide allowable 

4 under the standards under this section applicable to light5 duty vehicles and engines manufactured in model year 1970. 

6 (B) NITROGEN OXIDES.—The regulations under subsection (a) 

7 applicable to emissions of nitrogen oxides from light-duty vehicles 

8 and engines shall contain standards that provide that such emis9 sions from such vehicles and engines may not exceed 1.0 gram per 

10 vehicle mile. 

11 (C) REVISION OF STANDARDS.—The Administrator may pro12 mulgate regulations under subsection (a)(1) revising any standard 

13 prescribed or previously revised under this subsection, as needed 

14 to protect public health or welfare, taking costs, energy, and safety 

15 into account. Any revised standard shall require a reduction of 

16 emissions from the standard that was previously applicable. Any 

17 such revision under this subdivision may provide for a phase-in of 

18 the standard. 

19 (2) MEASUREMENT TECHNIQUES.—With any emission standard pro20 mulgated under paragraph (1), the Administrator shall promulgate 

21 measurement techniques on which the emission standard is based. 

22 (3) WAIVER.— 

23 (A) IN GENERAL.—On the petition of any manufacturer, the 

24 Administrator, after notice and opportunity for public hearing, 

25 may waive the standard required under paragraph (1)(B) to not 

26 exceed 1.5 grams of nitrogen oxides per vehicle mile for any class 

27 or category of light-duty vehicles or engines manufactured by the 

28 manufacturer during any period of up to 4 model years if the 

29 manufacturer demonstrates that— 

30 (i) the waiver is necessary to permit the use of an innova31 tive power train technology, or innovative emission control de32 vice or system, in that class or category of vehicles or engines; 

33 and 

34 (ii) that technology or system was not utilized by more 

35 than 1 percent of the light-duty vehicles sold in the United 

36 States in the 1975 model year. 

37 (B) DETERMINATIONS.—A waiver under subparagraph (A) may 

38 be granted only if the Administrator determines that— 

39 (i) the waiver would not endanger public health; 


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1 (ii) there is a substantial likelihood that the vehicles or en2 gines will be able to comply with the applicable standard 

3 under this section on expiration of the waiver; and 

4 (iii) the technology or system has a potential for long-term 

5 air quality benefit and has the potential to meet or exceed the 

6 average fuel economy standard applicable under the Energy 

7 Policy and Conservation Act (42 U.S.C. 6201 et seq.) on the 

8 expiration of the waiver. 

9 (C) LIMITATION.—No waiver under this paragraph granted to 

10 any manufacturer shall apply to more than the greater of— 

11 (i) 5 percent of the manufacturer’s production; or 

12 (ii) 50,000 vehicles or engines. 

13 (c) NEW POWER SOURCES OR PROPULSION SYSTEMS.—If a new power 

14 source or propulsion system for new motor vehicles or new motor vehicle en15 gines is submitted for certification pursuant to section 221106(a) of this 

16 title, the Administrator may postpone certification until the Administrator 

17 has prescribed standards for any air pollutants emitted by the vehicle or en18 gine that in the Administrator’s judgment cause or contribute to air pollu19 tion that may reasonably be anticipated to endanger the public health or 

20 welfare but for which standards have not been prescribed under subsection 

21 (a). 

22 (d) HIGH ALTITUDE REGULATIONS.— 

23 (1) IN GENERAL.—Any high altitude regulation with respect to 

24 motor vehicles or engines shall not require a percentage of reduction 

25 in emissions that is greater than the required percentage of reduction 

26 in emissions from motor vehicles and engines set forth in subsection 

27 (b). The percentage reduction shall be determined by comparing any 

28 proposed high altitude emission standards to high altitude emissions 

29 from vehicles and engines manufactured during model year 1970. 

30 (2) DOCKET.—Section 203102(d) of this title shall apply to any high 

31 altitude regulation under paragraph (1). 

32 (3) CONSIDERATIONS.—Before promulgating any regulation under 

33 paragraph (1), the Administrator shall consider and make a finding 

34 with respect to— 

35 (A) the economic impact on consumers, individual high altitude 

36 dealers, and the automobile industry of any such regulation, in37 cluding the economic impact that was experienced as a result of 

38 the regulation imposed during model year 1977 with respect to 

39 high altitude certification requirements; 


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1 (B) the present and future availability of emission control tech2 nology capable of meeting the applicable vehicle and engine emis3 sion requirements without reducing model availability; and 

4 (C) the likelihood that the adoption of such a high altitude reg5 ulation will result in any significant improvement in air quality in 

6 any area to which the regulation will apply. 

7 (4) INAPPLICABILITY OF EARLIER REGULATION.—The high altitude 

8 regulation in effect with respect to model year 1977 motor vehicles 

9 shall not apply to the manufacture, distribution, or sale of later model 

10 year motor vehicles. 

11 (e) BUSES.—The regulations under subsection (a) applicable to buses 

12 other than those subject to standards under section 221117 of this title 

13 shall contain a standard that provides that emissions of particulate matter 

14 from such buses may not exceed 0.10 grams per brake horsepower hour. 

15 (f) LIGHT-DUTY TRUCKS UP TO 6,000 POUNDS GROSS VEHICLE

16 WEIGHT RATING AND LIGHT-DUTY VEHICLES; STANDARDS.— 

17 (1) NONMETHANE HYDROCARBONS, CARBON MONOXIDE, AND NITRO18 GEN OXIDE.—The regulations under subsection (a) applicable to emis19 sions of nonmethane hydrocarbons, carbon monoxide, and nitrogen ox20 ides from light-duty trucks of up to 6,000 pounds gross vehicle weight 

21 rating and light-duty vehicles shall contain standards that provide that 

22 emissions from 100 percent of each manufacturer’s sales volume of 

23 light-duty trucks of up to 6,000 pounds gross vehicle weight rating and 

24 light-duty vehicles shall comply with the levels specified in table G. 

TABLE G—EMISSION STANDARDS FOR NMHC, CO, AND NOx FROM LIGHT-DUTY TRUCKS OF UP

TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES

Vehicle type 

Column A Column B 

(5 yrs/50,000 mi) (10 yrs/100,000 mi) 

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 (3,751–5,750 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 221106 of this title, 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 221106 of this title, 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 model year 2004, in lieu 

of the 0.4 and 0.6 gpm standards for nitrogen oxides, the applicable standards for nitrogen oxides 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). 

25 (2) PM STANDARD.—The regulations under subsection (a) applicable 

26 to emissions of particulate matter from light-duty vehicles and light27 duty trucks of up to 6,000 pounds gross vehicle weight rating shall 

28 contain standards that provide that such emissions from 100 percent 

29 of each manufacturer’s sales volume of light-duty vehicles and lightVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 duty trucks of up to 6,000 pounds gross vehicle weight rating shall not 

2 exceed the levels specified in the table 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 221106 of this title and for purposes 

of in-use compliance under section 221107 of this title, 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 221106 of this title and for purposes 

of in-use compliance under section 221107 of this title, shall be 10 years or 100,000 miles (or the equivalent), whichever first occurs in the case of the 10/100,000 standard. 

3 (g) LIGHT-DUTY TRUCKS OF MORE THAN 6,000 Pounds Gross Vehicle 

4 Weight Rating.—The regulations under subsection (a) applicable to emis5 sions of nonmethane hydrocarbons, carbon monoxide, nitrogen oxides, and 

6 particulate matter from light-duty trucks of more than 6,000 pounds gross 

7 vehicle weight rating shall contain standards that provide that emissions 

8 from 100 percent of each manufacturer’s sales volume of light-duty trucks 

9 of more than 6,000 pounds gross vehicle weight rating shall comply with 

10 the levels specified in table H. 

TABLE H—EMISSION STANDARDS FOR NMHC AND CO FROM GASOLINE-FUELED AND DIESELFUELED LIGHT-DUTY TRUCKS OF MORE THAN 6,000 LBS. GVWR

LDT Test weight 

Column A Column B 

(5 yrs/50,000 mi) (11 yrs/120,000 mi) 

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 0.12 

Standards are expressed in grams per mile (GPM). 

For standards under column A, for purposes of certification under section 221106 of this title, 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 221106 of this title, the applicable useful life shall be 11 years or 120,000 miles (or the equivalent), whichever first occurs. 

*Not applicable to diesel-fueled LDTs. 

11 (h) PHASE II STUDY FOR CERTAIN LIGHT-DUTY VEHICLES AND LIGHT12 DUTY TRUCKS.— 

13 (1) IN GENERAL.—The Administrator shall study whether or not 

14 further reductions in emissions from light-duty vehicles and light-duty 

15 trucks should be required pursuant to this subdivision. The study shall 

16 consider whether to establish the standards and useful life period for 

17 gasoline-fueled and diesel-fueled light-duty vehicles and light-duty 

18 trucks with a loaded vehicle weight of 3,750 pounds or less specified 

19 in the following table: 

TABLE 3—PENDING EMISSION STANDARDS FOR GASOLINE-FUELED 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 subsection (a) 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. 


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1 (2) OTHER STANDARDS AND USEFUL LIFE PERIODS.—The study 

2 under paragraph (1) shall also consider other standards and useful life 

3 periods that are more stringent or less stringent than those set forth 

4 in table 3 (but more stringent than those described in subsections (f) 

5 and (g)). 

6 (3) EXAMINATION OF NEED FOR FURTHER REDUCTIONS.— 

7 (A) IN GENERAL.—As part of the study under paragraph (1), 

8 the Administrator shall examine the need for further reductions in 

9 emissions in order to attain or maintain the NAAQSes, taking into 

10 consideration the waiver provisions of section 221109 of this title. 

11 As part of the study, the Administrator shall examine— 

12 (i) the availability of technology (including the costs there13 of), in the case of light-duty vehicles and light-duty trucks 

14 with a loaded vehicle weight of 3,750 pounds or less, for 

15 meeting more stringent emission standards than those pro16 vided in subsections (f) and (g) for model years commencing 

17 not earlier than after January 1, 2003, and not later than 

18 model year 2006, including the lead time and safety and en19 ergy impacts of meeting more stringent emission standards; 

20 and 

21 (ii) the need for, and cost effectiveness of, obtaining fur22 ther reductions in emissions from light-duty vehicles and 

23 light-duty trucks with a loaded vehicle weight of 3,750 

24 pounds or less, taking into consideration alternative means of 

25 attaining or maintaining the primary NAAQSes pursuant to 

26 State implementation plans and other requirements of this di27 vision, including their feasibility and cost effectiveness. 

28 (B) REPORT.—The Administrator shall submit a report to Con29 gress containing the results of the study under this subsection, in30 cluding the results of the examination conducted under subpara31 graph (A). Before submittal of the report the Administrator shall 

32 provide a reasonable opportunity for public comment and shall in33 clude a summary of public comments in the report to Congress. 

34 (4) DETERMINATION.— 

35 (A) IN GENERAL.—Based on the study under paragraph (1), 

36 the Administrator shall determine, by regulation, whether— 

37 (i) there is a need for further reductions in emissions as 

38 provided in paragraph (3)(A); 

39 (ii) the technology for meeting more stringent emission 

40 standards will be available, as provided in paragraph 

41 (3)(A)(i), in the case of light-duty vehicles and light-duty 


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1 trucks with a loaded vehicle weight of 3,750 pounds or less, 

2 for model years commencing not earlier than January 1, 

3 2003, and not later than model year 2006, considering the 

4 factors listed in paragraph (3)(A)(i); and 

5 (iii) obtaining further reductions in emissions from such ve6 hicles will be needed and cost effective, taking into consider7 ation alternatives as provided in paragraph (3)(A)(ii). 

8 (B) NO MORE STRINGENT STANDARDS.— 

9 (i) IN GENERAL.—If the Administrator determines under 

10 subparagraph (A) that— 

11 (I) there is no need for further reductions in emissions 

12 as provided in paragraph (3)(A); 

13 (II) the technology for meeting more stringent emis14 sion standards will not be available as provided in para15 graph (3)(A)(i), in the case of light-duty vehicles and 

16 light-duty trucks with a loaded vehicle weight of 3,750 

17 pounds or less, for model years commencing not earlier 

18 than January 1, 2003, and not later than model year 

19 2006, considering the factors listed in paragraph 

20 (3)(A)(i); or 

21 (III) obtaining further reductions in emissions from 

22 such vehicles will not be needed or cost effective, taking 

23 into consideration alternatives as provided in paragraph 

24 (3)(A)(ii); 

25 the Administrator shall not promulgate more stringent stand26 ards than those in effect pursuant to subsections (f) and (g). 

27 (ii) EFFECT OF SUBPARAGRAPH.—Nothing in this subpara28 graph shall prohibit the Administrator from exercising the 

29 Administrator’s authority under subsection (a) to promulgate 

30 more stringent standards for light-duty vehicles and light31 duty trucks with a loaded vehicle weight of 3,750 pounds or 

32 less at any other time thereafter in accordance with sub33 section (a). 

34 (C) MORE STRINGENT STANDARDS.—If the Administrator de35 termines under subparagraph (A) that— 

36 (i) there is a need for further reductions in emissions as 

37 provided in paragraph (3)(A); 

38 (ii) the technology for meeting more stringent emission 

39 standards will be available, as provided in paragraph 

40 (3)(A)(i), in the case of light-duty vehicles and light-duty 

41 trucks with a loaded vehicle weight of 3,750 pounds or less, 


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1 for model years commencing not earlier than January 1, 

2 2003, and not later than model year 2006, considering the 

3 factors listed in paragraph (3)(A)(i); and 

4 (iii) obtaining further reductions in emissions from such ve5 hicles will be needed and cost effective, taking into consider6 ation alternatives as provided in paragraph (3)(A)(ii); 

7 the Administrator shall promulgate the standards (and useful life 

8 periods) set forth in table 3 in paragraph (1) or promulgate alter9 native standards (and useful life periods) that are more stringent 

10 than those described in subsections (f) and (g). 

11 (D) EFFECT OF PARAGRAPH.—Nothing in this paragraph shall 

12 be construed by the Administrator or by a court as a presumption 

13 that any standards (or useful life period) set forth in table 3 shall 

14 be promulgated in the rulemaking required under this paragraph. 

15 (E) NONDISCRETIONARY DUTY.—The action required of the Ad16 ministrator in accordance with this paragraph shall be treated as 

17 a nondiscretionary duty for purposes of section 203104(b)(2) of 

18 this title. 

19 (F) APPLICABILITY OF EMISSION STANDARDS IN TABLE 3.—The 

20 regulations under subsection (a) applicable to emissions of non21 methane hydrocarbons, nitrogen oxides, and carbon monoxide from 

22 motor vehicles and motor vehicle engines in the classes specified 

23 in table 3 in paragraph (1) shall contain standards that provide 

24 that emissions may not exceed the pending emission levels speci25 fied in table 3 in paragraph (1) unless— 

26 (i) the Administrator determines not to promulgate more 

27 stringent standards as provided in subparagraph (B); 

28 (ii) the Administrator determines to postpone the effective 

29 date of standards described in table 3 in paragraph (1); or 

30 (iii) the Administrator determines to establish alternative 

31 standards as provided in subparagraph (C). 

32 (i) COLD CARBON MONOXIDE STANDARD.— 

33 (1) IN GENERAL.— 

34 (A) REGULATIONS.—The Administrator shall promulgate regu35 lations under subsection (a) applicable to emissions of carbon 

36 monoxide from light-duty vehicles and light-duty trucks when op37 erated at 20 degrees Fahrenheit. 

38 (B) STANDARDS.—The regulations shall contain standards that 

39 provide that emissions of carbon monoxide from 100 percent of 

40 each manufacturer’s vehicles when operated at 20 degrees Fahr41 enheit may not exceed— 


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1 (i) in the case of light-duty vehicles, 10.0 grams per mile; 

2 and 

3 (ii) in the case of light-duty trucks, a level comparable in 

4 stringency to the standard applicable to light-duty vehicles. 

5 (2) USEFUL LIFE STANDARDS.—In the case of the standards under 

6 paragraph (1), for purposes of certification under section 221106 of 

7 this title and in-use compliance under section 221107 of this title, the 

8 applicable useful life period shall be 5 years or 50,000 miles, whichever 

9 first occurs, except that the Administrator may extend the useful life 

10 period (for purposes of section 221106 or 221107 of this title, or both) 

11 if the Administrator determines that it is feasible for vehicles and en12 gines subject to the standards to meet the standards for a longer useful 

13 life. If the Administrator extends the useful life period, the Adminis14 trator may make an appropriate adjustment of applicable standards for 

15 the extended useful life. No such extended useful life shall extend be16 yond the useful life period provided in regulations under subsection 

17 (a)(1)(C). 

18 (3) HEAVY-DUTY VEHICLES AND ENGINES.—The Administrator may 

19 promulgate regulations under subsection (a)(1) applicable to emissions 

20 of carbon monoxide from heavy-duty vehicles and engines when oper21 ated at cold temperatures. 

22 (j) CONTROL OF EVAPORATIVE EMISSIONS.— 

23 (1) IN GENERAL.—The Administrator shall promulgate (and from 

24 time to time revise) regulations applicable to evaporative emissions of 

25 hydrocarbons from all gasoline-fueled motor vehicles— 

26 (A) during operation; and 

27 (B) over 2 or more days of nonuse; 

28 under ozone-prone summertime conditions (as determined by regula29 tions of the Administrator). 

30 (2) EFFECTIVE DATE; EMISSION REDUCTION.—The regulations— 

31 (A) shall take effect as expeditiously as possible; and 

32 (B) shall require the greatest degree of emission reduction 

33 achievable by means reasonably expected to be available for pro34 duction during any model year to which the regulations apply, giv35 ing appropriate consideration to fuel volatility and to cost, energy, 

36 and safety factors associated with the application of the appro37 priate technology. 

38 (k) MOBILE SOURCE-RELATED AIR TOXICS.— 

39 (1) STUDY.—The Administrator shall complete a study of the need 

40 for, and feasibility of, controlling emissions of toxic air pollutants that 

41 are unregulated under this division and associated with motor vehicles 


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1 and motor vehicle fuels, and the need for, and feasibility of, controlling 

2 such emissions and the means and measures for such controls. The 

3 study shall focus on the categories of emissions that pose the greatest 

4 risk to human health or about which significant uncertainties remain, 

5 including emissions of benzene, formaldehyde, and 1,3 butadiene. The 

6 proposed report shall be available for public review and comment and 

7 shall include a summary of all comments. 

8 (2) STANDARDS.— 

9 (A) IN GENERAL.—Based on the study under paragraph (1), 

10 the Administrator shall promulgate (and from time to time revise) 

11 regulations under subsection (a)(1) or section 221111(d)(1) of this 

12 title containing reasonable requirements to control hazardous air 

13 pollutants from motor vehicles and motor vehicle fuels. 

14 (B) CONTENTS.—The regulations shall contain standards for 

15 fuels, vehicles, or both, that the Administrator determines reflect 

16 the greatest degree of emission reduction achievable through the 

17 application of technology that will be available, taking into consid18 eration— 

19 (i) the standards established under subsection (a); 

20 (ii) the availability and costs of the technology; 

21 (iii) noise, energy, and safety factors; and 

22 (iv) lead time. 

23 (C) NO INCONSISTENCY.—The regulations shall not be incon24 sistent with standards under subsection (a). 

25 (D) BENZENE AND FORMALDEHYDE.—The regulations shall, at 

26 a minimum, apply to emissions of benzene and formaldehyde. 

27 (l) EMISSION CONTROL DIAGNOSTICS.— 

28 (1) REGULATIONS.—The Administrator shall promulgate regulations 

29 under subsection (a) requiring manufacturers to install on all new 

30 light-duty vehicles and light-duty trucks diagnostics systems capable 

31 of— 

32 (A) accurately identifying, for the vehicle’s useful life, as estab33 lished under this section, emission-related systems deterioration or 

34 malfunction (including, at a minimum, the catalytic converter and 

35 oxygen sensor) that could cause or result in failure of a vehicle 

36 to comply with emission standards established under this section; 

37 (B) alerting the vehicle’s owner or operator to the likely need 

38 for emission-related components or systems maintenance or repair; 

39 (C) storing and retrieving fault codes specified by the Adminis40 trator; and 


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1 (D) providing access to stored information in a manner specified 

2 by the Administrator. 

3 (2) HEAVY-DUTY VEHICLES AND ENGINES.—The Administrator may 

4 promulgate regulations requiring manufacturers to install onboard di5 agnostic systems described in paragraph (1) on heavy-duty vehicles and 

6 engines. 

7 (3) STATE INSPECTION.— 

8 (A) IN GENERAL.—The Administrator shall by regulation re9 quire States that have implementation plans containing motor ve10 hicle inspection and maintenance programs to provide in the plans 

11 for— 

12 (i) inspection of onboard diagnostics systems (as prescribed 

13 by regulations under paragraph (1)); and 

14 (ii) maintenance or repair of malfunctions or system dete15 rioration identified by or affecting such diagnostics systems. 

16 (B) NO INCONSISTENCY.—The regulations shall not be incon17 sistent with the provisions for warranties promulgated under sub18 sections (b) and (c) of section 221107 of this title. 

19 (4) SPECIFIC REQUIREMENTS.—In promulgating regulations under 

20 this subsection, the Administrator shall require— 

21 (A) that any connectors through which the emission control 

22 diagnostics system is accessed for inspection, diagnosis, service, or 

23 repair shall be standard and uniform on all motor vehicles and 

24 motor vehicle engines; 

25 (B) that access to the emission control diagnostics system 

26 through such connectors shall be unrestricted and shall not require 

27 any access code or any device that is available only from a vehicle 

28 manufacturer; and 

29 (C) that the output of the data from the emission control 

30 diagnostics system through such connectors shall be usable with31 out the need for any unique decoding information or device. 

32 (5) INFORMATION AVAILABILITY.— 

33 (A) IN GENERAL.—The Administrator, by regulation, shall re34 quire (subject to the provisions of section 221108(c) of this title 

35 regarding the protection of methods or processes entitled to pro36 tection as trade secrets) manufacturers to provide promptly to any 

37 person engaged in the repairing or servicing of motor vehicles or 

38 motor vehicle engines, and the Administrator for use by any such 

39 persons— 

40 (i) all information needed to make use of the emission con41 trol diagnostics system prescribed under this subsection; and 


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1 (ii) other information including instructions for making 

2 emission related diagnosis and repairs. 

3 (B) NO WITHHOLDING OF INFORMATION.—No information de4 scribed in subparagraph (A) may be withheld under section 

5 221108(c) of this title if the information is provided (directly or 

6 indirectly) by the manufacturer to franchised dealers or other per7 sons engaged in the repair, diagnosing, or servicing of motor vehi8 cles or motor vehicle engines. 

9 (C) AVAILABILITY TO THE ADMINISTRATOR.—The information 

10 shall be available to the Administrator, subject to section 

11 221108(c) of this title, in carrying out the Administrator’s respon12 sibilities under this section. 

13 § 221103. Prohibited acts 

14 (a) ENUMERATED PROHIBITIONS.— 

15 (1) IN GENERAL.—The following acts and the causing thereof are 

16 prohibited: 

17 (A)(i) In the case of a manufacturer of new motor vehicles or 

18 new motor vehicle engines for distribution in commerce, the sale, 

19 offering for sale, introduction or delivery for introduction into 

20 commerce; or 

21 (ii) in the case of any person, except as provided by regulation 

22 of the Administrator, the importation into the United States; 

23 of any new motor vehicle or new motor vehicle engine, manufac24 tured after the effective date of regulations under this chapter 

25 that are applicable to the motor vehicle or engine, unless the vehi26 cle or engine is covered by a certificate of conformity issued (and 

27 in effect) under regulations prescribed under this chapter or chap28 ter 225 in the case of clean-fuel vehicles (except as provided in 

29 subsection (b)). 

30 (B)(i) For any person to fail or refuse to permit access to or 

31 copying of records or to fail to make reports or provide informa32 tion required under section 221108 of this title. 

33 (ii) For any person to fail or refuse to permit entry, testing, or 

34 inspection authorized under section 221106(c) or 221108 of this 

35 title. 

36 (iii) For any person to fail or refuse to perform tests, or have 

37 tests performed, as required under section 221108 of this title. 

38 (iv) For any manufacturer to fail to make information available 

39 as provided by regulation under section 221102(l)(5) of this title. 

40 (C)(i) For any person to remove or render inoperative any de41 vice or element of design installed on or in a motor vehicle or 


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1 motor vehicle engine in compliance with regulations under this 

2 subdivision prior to its sale and delivery to the ultimate purchaser, 

3 or for any person knowingly to remove or render inoperative any 

4 such device or element of design after such sale and delivery to 

5 the ultimate purchaser. 

6 (ii) For any person to manufacture or sell, offer to sell, or in7 stall any part or component intended for use with, or as part of, 

8 any motor vehicle or motor vehicle engine, where a principal effect 

9 of the part or component is to bypass, defeat, or render inoper10 ative any device or element of design installed on or in a motor 

11 vehicle or motor vehicle engine in compliance with regulations 

12 under this subdivision, and where the person knows or should 

13 know that the part or component is being offered for sale or in14 stalled for such use or put to such use. 

15 (D) For any manufacturer of a new motor vehicle or new motor 

16 vehicle engine subject to standards prescribed under section 

17 221102 of this title or chapter 225— 

18 (i) to sell or lease any such vehicle or engine unless the 

19 manufacturer has complied with— 

20 (I) the requirements of subsections (b) and (c) of sec21 tion 221107 of this title with respect to the vehicle or 

22 engine, and unless a label or tag is affixed to the vehicle 

23 or engine in accordance with section 221107(d)(4)(C) of 

24 this title; or 

25 (II) the corresponding requirements of chapter 225 in 

26 the case of clean fuel vehicles unless the manufacturer 

27 has complied with the corresponding requirements of 

28 chapter 225; 

29 (ii) to fail or refuse to comply with the requirements of 

30 subsection (d) or (f) of section 221107 of this title, or the 

31 corresponding requirements of chapter 225 in the case of 

32 clean fuel vehicles; 

33 (iii) except as provided in section 221107(d)(4) of this title 

34 and the corresponding requirements of chapter 225 in the 

35 case of clean fuel vehicles, to provide directly or indirectly in 

36 any communication to an ultimate purchaser or any subse37 quent purchaser that the coverage of any warranty under this 

38 division is conditioned on use of any part, component, or sys39 tem manufactured by the manufacturer or any person acting 

40 for the manufacturer or under the manufacturer’s control, or 

41 conditioned on service performed by any such person; or 


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1 (iv) to fail or refuse to comply with the terms and condi2 tions of the warranty under subsection (b) or (c) of section 

3 221107 of this title or the corresponding requirements of 

4 chapter 225 in the case of clean fuel vehicles with respect to 

5 any vehicle. 

6 (E) For any person to violate section 221116 or 221117 of this 

7 title or chapter 225 (including any regulation under section 

8 221116 or 221117 of this title or chapter 225). 

9 (2) HIGH ALTITUDE PERFORMANCE ADJUSTMENTS.— 

10 (A) DEFINITION OF MANUFACTURER PART.—In this paragraph, 

11 the term ‘‘manufacturer part’’ means, with respect to a motor ve12 hicle engine, a part produced or sold by the manufacturer of the 

13 motor vehicle or motor vehicle engine. 

14 (B) ACTION WITH RESPECT TO ELEMENT OF DESIGN.—No ac15 tion with respect to any element of design described in paragraph 

16 (1)(C) (including any adjustment or alteration of any such ele17 ment) shall be treated as a prohibited act under paragraph (1)(C) 

18 if the action is in accordance with section 221114 of this title. 

19 (C) EFFECT OF PARAGRAPH (1)(C).—Nothing in paragraph 

20 (1)(C) shall be construed to require the use of manufacturer parts 

21 in maintaining or repairing any motor vehicle or motor vehicle en22 gine. 

23 (D) ACTION WITH RESPECT TO DEVICE OR ELEMENT OF DE24 SIGN.—No action with respect to any device or element of design 

25 described in paragraph (1)(C) shall be treated as a prohibited act 

26 under paragraph (1)(C) if— 

27 (i) the action is for the purpose of repair or replacement 

28 of the device or element, or is a necessary and temporary pro29 cedure to repair or replace any other item and the device or 

30 element is replaced on completion of the procedure; and 

31 (ii) the action thereafter results in the proper functioning 

32 of the device or element. 

33 (E) CONVERSION FOR USE OF CLEAN ALTERNATIVE FUEL.—No 

34 action with respect to any device or element of design described 

35 in paragraph (1)(C) shall be treated as a prohibited act under 

36 paragraph (1)(C) if— 

37 (i) the action is for the purpose of a conversion of a motor 

38 vehicle for use of a clean alternative fuel (as defined in sec39 tion 225101 of this title); 

40 (ii) the vehicle complies with the applicable standard under 

41 section 221102 of this title when operating on such fuel; and 


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1 (iii) in the case of a clean alternative fuel vehicle (as de2 fined by regulation by the Administrator)— 

3 (I) the device or element is replaced on completion of 

4 the conversion procedure; and 

5 (II) that action results in proper functioning of the de6 vice or element when the motor vehicle operates on con7 ventional fuel. 

8 (b) EXEMPTIONS; REFUSAL TO ADMIT VEHICLE OR ENGINE INTO

9 UNITED STATES; VEHICLES OR ENGINES INTENDED FOR EXPORT.— 

10 (1) EXEMPTIONS.—The Administrator may exempt any new motor 

11 vehicle or new motor vehicle engine from subsection (a) on such terms 

12 and conditions as the Administrator may find necessary— 

13 (A) for the purpose of research, investigations, studies, dem14 onstrations, or training; or 

15 (B) for reasons of national security. 

16 (2) REFUSAL TO ADMIT VEHICLE OR ENGINE INTO UNITED

17 STATES.—A new motor vehicle or new motor vehicle engine offered for 

18 importation or imported by any person in violation of subsection (a) 

19 shall be refused admission into the United States, but the Secretary 

20 of the Treasury and the Administrator may, by joint regulation, pro21 vide for deferring final determination as to admission and authorizing 

22 the delivery of such a motor vehicle or engine offered for import to the 

23 owner or consignee thereof on such terms and conditions (including the 

24 furnishing of a bond) as may appear to them appropriate to ensure 

25 that any such motor vehicle or engine will be brought into conformity 

26 with the standards, requirements, and limitations applicable to it under 

27 this chapter. The Secretary of the Treasury shall, if a motor vehicle 

28 or engine is finally refused admission under this paragraph, cause dis29 position of the motor vehicle or engine in accordance with the customs 

30 laws unless the motor vehicle or engine is exported, under regulations 

31 prescribed by the Secretary, within 90 days after the date of notice of 

32 that refusal or such additional time as may be permitted pursuant to 

33 the regulations, except that disposition in accordance with the customs 

34 laws may not be made in such manner as may result, directly or indi35 rectly, in the sale to an ultimate consumer of a new motor vehicle or 

36 new motor vehicle engine that fails to comply with applicable standards 

37 of the Administrator under this chapter. 

38 (3) VEHICLES OR ENGINES INTENDED FOR EXPORT.—A new motor 

39 vehicle or new motor vehicle engine intended solely for export, and so 

40 labeled or tagged on the outside of the container and on the vehicle 

41 or engine itself, shall be subject to subsection (a), except that if the 


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1 country that is to receive the vehicle or engine has emission standards 

2 that differ from the standards prescribed under section 221102 of this 

3 title, the vehicle or engine shall comply with the standards of that 

4 country. 

5 § 221104. Injunction proceedings 

6 (a) JURISDICTION.—The United States district courts shall have jurisdic7 tion to restrain violations of section 221103(a) of this title. 

8 (b) ACTIONS BROUGHT BY OR IN NAME OF UNITED STATES.—An action 

9 to restrain a violation of section 221103(a) of this title shall be brought by 

10 and in the name of the United States. 

11 (c) SUBPOENAS.—In an action under subsection (b), a subpoena for a 

12 witness who is required to attend a United States district court in any judi13 cial district may run into any other judicial district. 

14 § 221105. Civil penalties 

15 (a) VIOLATIONS.—

16 (1) SUBPARAGRAPH (A), (D), OR (E) OF SECTION 221103(a)(1).—Any 

17 person that violates subparagraph (A), (D), or (E) of section 

18 221103(a)(1) of this title shall be subject to a civil penalty of not more 

19 than $25,000. 

20 (2) SECTION 221103(a)(1)(B).—Any person that violates section 

21 221103(a)(1)(B) of this title shall be subject to a civil penalty of not 

22 more than $25,000 per day of violation. 

23 (3) SECTION 221103(a)(1)(C).— 

24 (A) CLAUSE (i).— 

25 (i) MANUFACTURER OR DEALER.—Any manufacturer or 

26 dealer that violates section 221103(a)(1)(C)(i) of this title 

27 shall be subject to a civil penalty of not more than $25,000. 

28 (ii) PERSON OTHER THAN MANUFACTURER OR DEALER.— 

29 Any person other than a manufacturer or dealer that violates 

30 section 221103(a)(1)(C)(i) of this title shall be subject to a 

31 civil penalty of not more than $2,500. 

32 (B) CLAUSE (ii).—Any person that violates section 

33 221103(a)(1)(C)(ii) of this title shall be subject to a civil penalty 

34 of not more than $2,500. 

35 (4) SEPARATE OFFENSES.— 

36 (A) MOTOR VEHICLES AND MOTOR VEHICLE ENGINES.—Any 

37 such violation of subparagraph (A), (C)(i), or (D) of section 

38 221103(a)(1) of this title shall constitute a separate offense with 

39 respect to each motor vehicle or motor vehicle engine. 


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1 (B) PARTS AND COMPONENTS.—Any such violation of section 

2 221103(a)(1)(C)(ii) of this title shall constitute a separate offense 

3 with respect to each part or component. 

4 (b) CIVIL ACTIONS.— 

5 (1) IN GENERAL.—The Administrator may commence a civil action 

6 to assess and recover any civil penalty under subsection (a) or section 

7 221111(s) or 221113(e) of this title. 

8 (2) PLACE FOR ACTION.—Any action under this subsection may be 

9 brought in the United States district court for the district in which the 

10 violation is alleged to have occurred or in which the defendant resides 

11 or has its principal place of business, and the court shall have jurisdic12 tion to assess a civil penalty. 

13 (3) CONSIDERATIONS.—In determining the amount of any civil pen14 alty to be assessed under this subsection, the court shall take into ac15 count— 

16 (A) the gravity of the violation; 

17 (B) the economic benefit or savings (if any) resulting from the 

18 violation; 

19 (C) the size of the violator’s business; 

20 (D) the violator’s history of compliance with this subdivision; 

21 (E) action taken to remedy the violation; 

22 (F) the effect of the penalty on the violator’s ability to continue 

23 in business; and 

24 (G) such other matters as justice may require. 

25 (4) SUBPOENAS.—In any action under this subsection, a subpoena 

26 for a witness who is required to attend a district court in any judicial 

27 district may run into any other judicial district. 

28 (c) ADMINISTRATIVE ASSESSMENT OF CERTAIN PENALTIES.— 

29 (1) ADMINISTRATIVE PENALTY AUTHORITY.— 

30 (A) IN GENERAL.—In lieu of commencing a civil action under 

31 subsection (b), the Administrator may assess any civil penalty pre32 scribed in subsection (a) or section 221111(s) or 221113(e) of this 

33 title, except that the maximum amount of penalty sought against 

34 each violator in a penalty assessment proceeding shall not exceed 

35 $200,000, unless the Administrator and the Attorney General 

36 jointly determine that a matter involving a larger penalty amount 

37 is appropriate for administrative penalty assessment. Any such de38 termination by the Administrator and the Attorney General shall 

39 not be subject to judicial review. 

40 (B) PROCEDURE.—Assessment of a civil penalty under this sub41 section shall be by an order made on the record after opportunity 


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1 for a hearing in accordance with sections 554 and 556 of title 5. 

2 The Administrator shall issue reasonable rules for discovery and 

3 other procedures for hearings under this paragraph. Before 

4 issuing such an order, the Administrator shall give written notice 

5 to the person to be assessed an administrative penalty of the Ad6 ministrator’s proposal to issue the order and provide the person 

7 an opportunity to request a hearing on the order, within 30 days 

8 of the date the notice is received by the person. 

9 (C) COMPROMISE OR REMISSION.—The Administrator may com10 promise, or remit, with or without conditions, any administrative 

11 penalty that may be imposed under this section. 

12 (2) CONSIDERATIONS.—In determining the amount of any civil pen13 alty assessed under this subsection, the Administrator shall take into 

14 account the factors listed in subsection (b)(3). 

15 (3) EFFECT OF ADMINISTRATOR’S ACTION.— 

16 (A) ENFORCEMENT AUTHORITY.—Action by the Administrator 

17 under this subsection shall not affect or limit the Administrator’s 

18 authority to enforce any provision of this division, except that any 

19 violation— 

20 (i) with respect to which the Administrator has commenced 

21 and is diligently prosecuting an action under this subsection; 

22 or 

23 (ii) for which the Administrator has issued a final order 

24 not subject to further judicial review and the violator has paid 

25 a penalty assessment under this subsection; 

26 shall not be the subject of civil penalty action under subsection 

27 (b). 

28 (B) OBLIGATION TO COMPLY.—No action by the Administrator 

29 under this subsection shall affect any person’s obligation to comply 

30 with any section of this division. 

31 (4) FINALITY OF ORDER.—An order issued under this subsection 

32 shall become final 30 days after its issuance unless a petition for judi33 cial review is filed under paragraph (5). 

34 (5) JUDICIAL REVIEW.— 

35 (A) IN GENERAL.—Any person against which a civil penalty is 

36 assessed in accordance with this subsection may seek review of the 

37 assessment in the United States District Court for the District of 

38 Columbia, or for the district in which the violation is alleged to 

39 have occurred, in which the person resides, or where such person’s 

40 principal place of business is located, within the 30-day period be41 ginning on the date on which a civil penalty order is issued. The 


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1 person shall simultaneously send a copy of the filing by certified 

2 mail to the Administrator and the Attorney General. 

3 (B) RECORD.—The Administrator shall file in the court a cer4 tified copy, or certified index, as appropriate, of the record on 

5 which the order was issued within 30 days. 

6 (C) SCOPE OF REVIEW.—The court shall not set aside or re7 mand any order issued in accordance with the requirements of this 

8 subsection unless there is not substantial evidence in the record, 

9 taken as a whole, to support the finding of a violation or unless 

10 the Administrator’s assessment of the penalty constitutes an abuse 

11 of discretion, and the court shall not impose additional civil pen12 alties unless the Administrator’s assessment of the penalty con13 stitutes an abuse of discretion. 

14 (D) CIVIL PENALTIES.—In any proceedings, the United States 

15 may seek to recover civil penalties assessed under this section. 

16 (6) COLLECTION.— 

17 (A) IN GENERAL.—If any person fails to pay an assessment of 

18 a civil penalty imposed by the Administrator as provided in this 

19 subsection— 

20 (i) after the order making the assessment has become final; 

21 or 

22 (ii) after a court in an action brought under paragraph (5) 

23 has entered a final judgment in favor of the Administrator; 

24 the Administrator shall request the Attorney General to bring a 

25 civil action in an appropriate district court to recover the amount 

26 assessed (plus interest at rates established pursuant to section 

27 6621(a)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 

28 6621(a)(2)) from the date of the final order or the date of the 

29 final judgment, as the case may be). 

30 (B) SCOPE OF REVIEW.—In such an action, the validity, 

31 amount, and appropriateness of the penalty shall not be subject 

32 to review. 

33 (C) ENFORCEMENT EXPENSES; NONPAYMENT PENALTY.— 

34 (i) IN GENERAL.—Any person that fails to pay on a timely 

35 basis the amount of an assessment of a civil penalty as de36 scribed in subparagraph (A) shall be required to pay, in addi37 tion to that amount and interest— 

38 (I) the enforcement expenses of the United States, in39 cluding attorney’s fees and costs for collection pro40 ceedings; and 


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1 (II) a quarterly nonpayment penalty for each quarter 

2 during which the failure to pay persists. 

3 (ii) AMOUNT.—The nonpayment penalty for a quarter shall 

4 be in an amount equal to 10 percent of the aggregate amount 

5 of the person’s penalties and nonpayment penalties that are 

6 unpaid as of the beginning of the quarter. 

7 § 221106. Motor vehicle and motor vehicle engine compli8 ance testing and certification 

9 (a) TESTING AND ISSUANCE OF CERTIFICATE OF CONFORMITY.— 

10 (1) NEW MOTOR VEHICLES AND NEW MOTOR VEHICLE ENGINES SUB11 MITTED BY A MANUFACTURER.— 

12 (A) IN GENERAL.—The Administrator shall test, or require to 

13 be tested in such manner as the Administrator considers appro14 priate, any new motor vehicle or new motor vehicle engine sub15 mitted by a manufacturer to determine whether the vehicle or en16 gine conforms with the regulations prescribed under section 

17 221102 of this title. If the vehicle or engine conforms to the regu18 lations, the Administrator shall issue a certificate of conformity on 

19 such terms, and for such period (not in excess of 1 year), as the 

20 Administrator may prescribe. 

21 (B) PROJECTED SALES NOT EXCEEDING 300.—In the case of 

22 any original equipment manufacturer (as defined by the Adminis23 trator in regulations promulgated before November 15, 1990) of 

24 vehicles or vehicle engines whose projected sales in the United 

25 States for any model year (as determined by the Administrator) 

26 will not exceed 300, the Administrator shall not require, for pur27 poses of determining compliance with regulations under section 

28 221102 of this title for the useful life of the vehicle or engine, op29 eration of any vehicle or engine manufactured during that model 

30 year for more than 5,000 miles or 160 hours, respectively, unless 

31 the Administrator, by regulation, prescribes otherwise. The Ad32 ministrator shall apply any adjustment factors that the Adminis33 trator considers appropriate to ensure that each vehicle or engine 

34 will comply during its useful life (as determined under section 

35 221102(a)(1)(C) of this title) with the regulations prescribed 

36 under section 221102 of this title. 

37 (2) EMISSION CONTROL SYSTEMS SUBMITTED BY ANY PERSON.—The 

38 Administrator shall test any emission control system incorporated in a 

39 motor vehicle or motor vehicle engine submitted to the Administrator 

40 by any person to determine whether the system enables the vehicle or 

41 engine to conform to the standards required to be prescribed under secVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00367 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 tion 221102(b) of this title. If the Administrator finds on the basis of 

2 such tests that the vehicle or engine conforms to the standards, the Ad3 ministrator shall issue a verification of compliance with emission stand4 ards for the system when incorporated in vehicles of a class of which 

5 the tested vehicle is representative. The Administrator shall inform 

6 manufacturers and the National Academy of Sciences, and make avail7 able to the public, the results of the tests. Tests under this paragraph 

8 shall be conducted under such terms and conditions (including require9 ments for preliminary testing by qualified independent laboratories) as 

10 the Administrator may prescribe by regulation. 

11 (3) CONFORMITY TO REQUIREMENTS.— 

12 (A) IN GENERAL.—A certificate of conformity may be issued 

13 under this section only if the Administrator determines that the 

14 manufacturer (or in the case of a vehicle or engine for import, any 

15 person) has established to the satisfaction of the Administrator 

16 that any emission control device, system, or element of design in17 stalled on, or incorporated in, a vehicle or engine conforms to ap18 plicable requirements of section 221102(a)(4) of this title. 

19 (B) TESTS.—The Administrator may conduct such tests and 

20 may require the manufacturer (or any such person) to conduct 

21 such tests and provide such information as are necessary to carry 

22 out subparagraph (A). Such requirements shall include a require23 ment for prompt reporting of the emission of any unregulated pol24 lutant from a system, device, or element of design if the pollutant 

25 was not emitted, or was emitted in significantly lesser amounts, 

26 from the vehicle or engine without use of the system, device, or 

27 element of design. 

28 (4) LIGHT-DUTY VEHICLES AND LIGHT-DUTY TRUCKS.—The regula29 tions promulgated under this subsection shall include test procedures 

30 capable of determining whether light-duty vehicles and light-duty 

31 trucks, when properly maintained and used, will pass the inspection 

32 methods and procedures established under section 221107(c) of this 

33 title under conditions reasonably likely to be encountered in the con34 duct of inspection and maintenance programs, but which those pro35 grams cannot reasonably influence or control. The conditions shall in36 clude fuel characteristics, ambient temperature, and short (30 minutes 

37 or less) waiting periods before tests are conducted. The Administrator 

38 shall not grant a certificate of conformity under this subsection for any 

39 vehicle or engine that the Administrator concludes cannot pass the test 

40 procedures established under this paragraph. 


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1 (b) NEW MOTOR VEHICLES AND NEW MOTOR VEHICLE ENGINES BEING

2 MANUFACTURED.— 

3 (1) IN GENERAL.—To determine whether new motor vehicles or new 

4 motor vehicle engines conform to the regulations with respect to which 

5 a certificate of conformity is issued, the Administrator may test the 

6 new motor vehicles and new motor vehicle engines. The tests may be 

7 conducted by the Administrator directly or, in accordance with condi8 tions specified by the Administrator, by the manufacturer of the new 

9 motor vehicles or new motor vehicle engines. 

10 (2) NONCONFORMITY.— 

11 (A) IN GENERAL.— 

12 (i) DETERMINATION ON TEST OF SAMPLE OF NEW MOTOR

13 VEHICLES OR NEW MOTOR VEHICLE ENGINES.—If, based on 

14 tests conducted under paragraph (1) on a sample of new 

15 motor vehicles or new motor vehicle engines covered by a cer16 tificate of conformity, the Administrator determines that all 

17 or part of the new motor vehicles or new motor vehicle en18 gines do not conform with the regulations with respect to 

19 which the certificate of conformity was issued and with the 

20 requirements of section 221102(a)(4) of this title, the Admin21 istrator may suspend or revoke the certificate in whole or in 

22 part, and shall so notify the manufacturer. The suspension or 

23 revocation shall apply in the case of any new motor vehicles 

24 or new motor vehicle engines manufactured after the date of 

25 such notification (or manufactured before that date if still in 

26 the possession of the manufacturer), and shall apply until 

27 such time as the Administrator finds that new motor vehicles 

28 and new motor vehicle engines manufactured by the manufac29 turer conform to the regulations and requirements. If, during 

30 any period of suspension or revocation, the Administrator 

31 finds that a new motor vehicle or new motor vehicle engine 

32 conforms to the regulations and requirements, the Adminis33 trator shall issue a certificate of conformity applicable to the 

34 new motor vehicle or new motor vehicle engine. 

35 (ii) DETERMINATION ON TEST OF ANY NEW MOTOR VEHI36 CLE OR NEW MOTOR VEHICLE ENGINE.—If, based on tests 

37 conducted under paragraph (1) on any new vehicle or engine, 

38 the Administrator determines that the vehicle or engine does 

39 not conform with the regulations with respect to which the 

40 certificate of conformity was issued and with the require41 ments of section 221102(a)(4) of this title, the Administrator 


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1 may suspend or revoke the certificate insofar as it applies to 

2 the vehicle or engine until such time as the Administrator 

3 finds that the vehicle or engine actually conforms with those 

4 regulations and requirements, and the Administrator shall so 

5 notify the manufacturer. 

6 (B) HEARING.—At the request of any manufacturer the Admin7 istrator shall grant the manufacturer a hearing as to whether the 

8 tests have been properly conducted or any sampling methods have 

9 been properly applied, and make a determination on the record 

10 with respect to any suspension or revocation under subparagraph 

11 (A); but suspension or revocation under subparagraph (A) shall 

12 not be stayed by reason of such a hearing. 

13 (C) JUDICIAL REVIEW.— 

14 (i) IN GENERAL.—In any case of actual controversy as to 

15 the validity of any determination under subparagraph (B), 

16 the manufacturer may at any time prior to the 60th day after 

17 the determination is made file a petition with the United 

18 States court of appeals for the circuit in which the manufac19 turer resides or has its principal place of business for a judi20 cial review of the determination. A copy of the petition shall 

21 be forthwith transmitted by the clerk of the court to the Ad22 ministrator or other officer designated by the Administrator 

23 for that purpose. The Administrator thereupon shall file in 

24 the court the record of the proceedings on which the Adminis25 trator based the Administrator’s determination, as provided 

26 in section 2112 of title 28. 

27 (ii) ADDITIONAL EVIDENCE.—If the petitioner applies to 

28 the court for leave to adduce additional evidence, and shows 

29 to the satisfaction of the court that the additional evidence 

30 is material and that there were reasonable grounds for the 

31 failure to adduce the evidence in the proceeding before the 

32 Administrator, the court may order the additional evidence 

33 (and evidence in rebuttal thereof) to be taken before the Ad34 ministrator, in such manner and on such terms and condi35 tions as the court considers proper. The Administrator may 

36 modify the Administrator’s findings as to the facts, or make 

37 new findings, by reason of the additional evidence so taken, 

38 and the Administrator shall file the modified or new findings, 

39 and the Administrator’s recommendation, if any, for the 

40 modification or setting aside of the Administrator’s original 

41 determination, with the return of the additional evidence. 


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1 (iii) JURISDICTION; RELIEF.—On the filing of the petition 

2 under clause (i), the court shall have jurisdiction to review 

3 the order in accordance with chapter 7 of title 5 and to grant 

4 appropriate relief as provided in that chapter. 

5 (c) INSPECTION.— 

6 (1) IN GENERAL.—For purposes of enforcement of this section, offi7 cers or employees duly designated by the Administrator, on presenting 

8 appropriate credentials to the manufacturer or person in charge, may— 

9 (A) enter, at reasonable times, any plant or other establishment 

10 of a manufacturer, for the purpose of conducting tests of vehicles 

11 or engines in the possession of the manufacturer; or 

12 (B) inspect, at reasonable times, records, processes, controls, 

13 and facilities used by a manufacturer in conducting tests under 

14 regulations of the Administrator. 

15 (2) PROMPTNESS.—An inspection under paragraph (1) shall be com16 menced and completed with reasonable promptness. 

17 (d) METHODS AND PROCEDURES FOR MAKING TESTS.—The Adminis18 trator shall by regulation establish methods and procedures for making tests 

19 under this section. 

20 (e) PUBLICATION OF TEST RESULTS.—At the beginning of each model 

21 year, the Administrator shall make available to the public the results of the 

22 Administrator’s tests of any motor vehicle or motor vehicle engine submitted 

23 by a manufacturer under subsection (a). The results shall be described in 

24 such a nontechnical manner as will reasonably disclose to prospective ulti25 mate purchasers of new motor vehicles and new motor vehicle engines the 

26 comparative performance of the vehicles and engines tested in meeting the 

27 standards prescribed under section 221101 of this title. 

28 (f) HIGH ALTITUDE REGULATIONS.—All light-duty vehicles and engines 

29 and all light-duty trucks shall comply with the requirements of section 

30 221102 of this title regardless of the altitude at which they are sold. 

31 (g) NONCONFORMANCE PENALTY.— 

32 (1) IN GENERAL.—In the case of any class or category of heavy-duty 

33 vehicles or engines or motorcycles to which a standard promulgated 

34 under section 221102(a) of this title applies, except as provided in 

35 paragraph (2), a certificate of conformity shall be issued under sub36 section (a) and shall not be suspended or revoked under subsection 

37 (b)(2) for such vehicles or engines or motorcycles manufactured by a 

38 manufacturer notwithstanding the failure of the vehicles or engines or 

39 motorcycles to meet that standard if the manufacturer pays a non40 conformance penalty as provided under regulations promulgated by the 

41 Administrator after notice and opportunity for public hearing. 


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1 (2) EXCESSIVE DEGREE OF FAILURE.—No certificate of conformity 

2 may be issued under paragraph (1) with respect to any class or cat3 egory of vehicle or engine if the degree by which the manufacturer fails 

4 to meet any standard promulgated under section 221102(a) of this title 

5 with respect to that class or category exceeds the percentage deter6 mined under regulations promulgated by the Administrator to be prac7 ticable. The regulations shall require such testing of vehicles or engines 

8 being produced as may be necessary to determine the percentage of the 

9 classes or categories of vehicles or engines that are not in compliance 

10 with the regulations with respect to which a certificate of conformity 

11 is issued. 

12 (3) AMOUNT OF NONCONFORMANCE PENALTY.—The regulations pro13 mulgated under paragraph (1) shall provide for nonconformance pen14 alties in amounts determined under a formula established by the Ad15 ministrator. The penalties under the formula— 

16 (A) may vary from pollutant to pollutant; 

17 (B) may vary by class or category or vehicle or engine; 

18 (C) shall take into account the extent to which actual emissions 

19 of any air pollutant exceed allowable emissions under the stand20 ards promulgated under section 221102 of this title; 

21 (D) shall be increased periodically to create incentives for the 

22 development of production vehicles or engines that achieve the re23 quired degree of emission reduction; and 

24 (E) shall remove any competitive disadvantage to manufacturers 

25 whose engines or vehicles achieve the required degree of emission 

26 reduction (including any such disadvantage arising from the appli27 cation of paragraph (4)). 

28 (4) WARRANTY; ACTIONS.—In any case in which a certificate of con29 formity has been issued under this subsection, any warranty required 

30 under section 221107(c)(2)(B) of this title and any action under sec31 tion 221107(d) of this title shall be required to be effective only for 

32 the emission levels for which the Administrator determines that the cer33 tificate was issued and not for the emission levels required under the 

34 applicable standard. 

35 (5) AUTHORITIES.—The authorities of section 221108(a) of this title 

36 shall apply, subject to the conditions of section 221108(b) of this title, 

37 for purposes of this subsection. 

38 (h) TESTING UNDER CIRCUMSTANCES THAT REFLECT ACTUAL CUR39 RENT DRIVING CONDITIONS.—The regulations under subsections (a) and 

40 (b) regarding the testing of motor vehicles and motor vehicle engines shall 

41 ensure that vehicles are tested under circumstances that reflect the actual 


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1 current driving conditions under which motor vehicles are used, including 

2 conditions relating to fuel, temperature, acceleration, and altitude. 

3 § 221107. Compliance by vehicles and engines in actual use 

4 (a) DEFINITIONS.—In this section: 

5 (1) ONBOARD EMISSION DIAGNOSTIC DEVICE.— 

6 (A) IN GENERAL.—The term ‘‘onboard emission diagnostic de7 vice’’ means any device installed for the purpose of storing or 

8 processing emission-related diagnostic information. 

9 (B) EXCLUSIONS.—The term ‘‘onboard emission diagnostic de10 vice’’ does not include any part or other system that a device de11 scribed in subparagraph (A) monitors except for a specified major 

12 emission control component. 

13 (2) SPECIFIED MAJOR EMISSION CONTROL COMPONENT.— 

14 (A) IN GENERAL.—The term ‘‘specified major emission control 

15 component’’ means a catalytic converter, an electronic emission 

16 control unit, and an onboard emissions diagnostic device. 

17 (B) OTHER DEVICES.—The Administrator may designate any 

18 other pollution control device or component as a specified major 

19 emission control component if— 

20 (i) the device or component was not in general use on vehi21 cles and engines manufactured prior to model year 1990; and 

22 (ii) the Administrator determines that the retail cost (ex23 clusive of installation costs) of the device or component ex24 ceeds $200 (in 1989 dollars), adjusted for inflation or defla25 tion as calculated by the Administrator at the time of the de26 termination. 

27 (3) WARRANTY PERIOD.— 

28 (A) NEW LIGHT-DUTY TRUCKS AND NEW LIGHT-DUTY VEHI29 CLES AND ENGINES MANUFACTURED IN MODEL YEAR 1995 AND

30 THEREAFTER.— 

31 (i) IN GENERAL.—The term ‘‘warranty period’’, with re32 spect to a new light-duty truck or new light-duty vehicle or 

33 engine manufactured in model year 1995 or thereafter, means 

34 the 1st 2 years or 24,000 miles of use (whichever first oc35 curs), except as provided in subparagraph (B). 

36 (ii) OTHER VEHICLES AND ENGINES.—The term ‘‘warranty 

37 period’’, with respect to a vehicle or engine other than a vehi38 cle or engine described in clause (i), means a period estab39 lished by the Administrator by regulation. 

40 (B) SPECIFIED MAJOR EMISSION CONTROL COMPONENTS.—The 

41 term ‘‘warranty period’’, with respect to a specified major emission 


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1 control component of a new light-duty truck or new light-duty ve2 hicle or engine manufactured in model year 1995 or thereafter, 

3 means the 1st 8 years or 80,000 miles of use (whichever first oc4 curs). 

5 (b) IN GENERAL.— 

6 (1) NEW MOTOR VEHICLE AND NEW MOTOR VEHICLE ENGINE WAR7 RANTY.—The manufacturer of each new motor vehicle and new motor 

8 vehicle engine shall warrant to the ultimate purchaser and each subse9 quent purchaser that the vehicle or engine is— 

10 (A) designed, built, and equipped so as to conform at the time 

11 of sale with applicable regulations under section 221102 of this 

12 title; and 

13 (B) free from defects in materials and workmanship that cause 

14 such a vehicle or engine to fail to conform with applicable regula15 tions for its useful life (as determined under section 

16 221102(a)(1)(C) of this title). 

17 (2) MOTOR VEHICLE PART OR MOTOR VEHICLE ENGINE PART CER18 TIFICATION.—In the case of a motor vehicle part or motor vehicle en19 gine part, the manufacturer or rebuilder of the part may certify that 

20 use of the part will not result in a failure of the vehicle or engine to 

21 comply with emission standards promulgated under section 221102 of 

22 this title. Such a certification shall be made only under such regula23 tions as the Administrator may promulgate to carry out subsection (c). 

24 (3) PAYMENT OF REPLACEMENT COSTS OF PARTS, DEVICES, OR

25 COMPONENTS DESIGNED FOR EMISSION CONTROL.— 

26 (A) DEFINITION OF PART, DEVICE, OR COMPONENT OF A

27 LIGHT-DUTY VEHICLE THAT IS DESIGNED FOR EMISSION CON28 TROL.—In this paragraph: 

29 (i) IN GENERAL.—The term ‘‘part, device, or component of 

30 a light-duty vehicle that is designed for emission control’’ 

31 means a catalytic converter, thermal reactor, or other compo32 nent installed on or in a vehicle for the sole or primary pur33 pose of reducing vehicle emissions. 

34 (ii) EXCLUSIONS.—The term ‘‘part, device, or component 

35 of a light-duty vehicle that is designed for emission control’’ 

36 does not include a vehicle component that was in general use 

37 prior to model year 1968 and the primary function of which 

38 is not related to emission control. 

39 (B) PAYMENT BY MANUFACTURER.—The cost of any part, de40 vice, or component of a light-duty vehicle that is designed for 

41 emission control and that, under the instructions issued pursuant 


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1 to subsection (d)(4), is scheduled for replacement during the use2 ful life of a vehicle to maintain compliance with regulations under 

3 section 221102 of this title, the failure of which shall not interfere 

4 with the normal performance of the vehicle, and the expected retail 

5 price of which, including installation costs, is greater than 2 per6 cent of the suggested retail price of the vehicle, shall be borne or 

7 reimbursed at the time of replacement by the vehicle manufac8 turer, and the replacement shall be provided without cost to an ul9 timate purchaser, subsequent purchaser, or dealer. 

10 (c) TESTING METHODS AND PROCEDURES.— 

11 (1) DETERMINATION.—The Administrator shall take the actions de12 scribed in paragraph (2) if the Administrator determines that— 

13 (A) there are available testing methods and procedures to ascer14 tain whether, when in actual use throughout the warranty period, 

15 each vehicle and engine to which regulations under section 221102 

16 of this title apply complies with the emission standards of those 

17 regulations; 

18 (B) those methods and procedures are in accordance with good 

19 engineering practices; and 

20 (C) those methods and procedures are reasonably capable of 

21 being correlated with tests conducted under section 221106(a)(1) 

22 of this title. 

23 (2) ACTIONS.—If the Administrator makes the determination de24 scribed in paragraph (1)— 

25 (A) the Administrator shall establish the methods and proce26 dures described in paragraph (1) by regulation; and 

27 (B) at such time as the Administrator determines that inspec28 tion facilities or equipment are available for purposes of carrying 

29 out testing methods and procedures established under paragraph 

30 (1)(A), the Administrator shall prescribe regulations that require 

31 manufacturers to warrant the emission control device or system of 

32 each new motor vehicle or new motor vehicle engine to which a 

33 regulation under section 221102 of this title applies and that is 

34 manufactured in a model year beginning after the Administrator 

35 first prescribes warranty regulations under this subparagraph. 

36 (3) WARRANTY.—A warranty under the regulations prescribed under 

37 paragraph (2)(B)— 

38 (A) shall run to the ultimate purchaser and each subsequent 

39 purchaser; and 

40 (B) shall provide that if— 


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1 (i) the vehicle or engine is maintained and operated in ac2 cordance with instructions under subsection (d)(4); 

3 (ii) the vehicle or engine fails to conform at any time dur4 ing the warranty period to the regulations prescribed under 

5 section 221102 of this title; and 

6 (iii) the nonconformity results in the ultimate purchaser (or 

7 any subsequent purchaser) of the vehicle or engine having to 

8 bear any penalty or other sanction (including the denial of 

9 the right to use the vehicle or engine) under Federal or State 

10 law; 

11 the manufacturer shall remedy the nonconformity under the war12 ranty, with the cost to be borne by the manufacturer. 

13 (4) NO BASIS FOR INVALIDITY.—A warranty under the regulations 

14 prescribed under paragraph (2)(B) shall not be invalid on the basis of 

15 any part used in the maintenance or repair of a vehicle or engine if 

16 the part was certified as provided under subsection (b)(2). 

17 (5) INSTRUCTIONS.—Clause (i) of paragraph (3)(B) shall apply only 

18 where the Administrator has made a determination that the instruc19 tions concerned conform to the requirements of subsection (d)(4). 

20 (d) NONCONFORMING VEHICLES; PLAN FOR REMEDYING NONCON21 FORMITY; INSTRUCTIONS FOR MAINTENANCE AND USE; LABEL OR TAG.— 

22 (1) APPLICABILITY.—This subsection is effective with respect to ve23 hicles and engines manufactured during model years beginning more 

24 than 60 days after December 31, 1970. 

25 (2) NOTICE TO MANUFACTURER; PLAN REQUIREMENT.— 

26 (A) IN GENERAL.—If the Administrator determines that a sub27 stantial number of any class or category of vehicles or engines, al28 though properly maintained and used, do not conform to the regu29 lations prescribed under section 221102 of this title, when in ac30 tual use throughout their useful life (as determined under section 

31 221102(a)(1)(C) of this title), the Administrator shall— 

32 (i) immediately notify the manufacturer of the vehicles or 

33 engines of the nonconformity; and 

34 (ii) require the manufacturer to submit a plan for rem35 edying the nonconformity of the vehicles or engines with re36 spect to which such notification is given. 

37 (B) PLAN PROVISIONS.—The plan shall provide that the non38 conformity of any such vehicles or engines that are properly used 

39 and maintained will be remedied at the expense of the manufac40 turer. 


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1 (C) HEARING.—If the manufacturer disagrees with a deter2 mination of nonconformity and so advises the Administrator, the 

3 Administrator shall afford the manufacturer and other interested 

4 persons an opportunity to present their views and evidence in sup5 port thereof at a public hearing. 

6 (D) ORDER.—Unless, as a result of a hearing, the Adminis7 trator withdraws the determination of nonconformity, the Adminis8 trator shall, within 60 days after the completion of the hearing, 

9 order the manufacturer to provide prompt notification of the non10 conformity in accordance with paragraph (3). 

11 (3) NOTIFICATION OF DEALERS, ULTIMATE PURCHASERS, AND SUB12 SEQUENT PURCHASERS.—Any notification required by paragraph (2) 

13 with respect to any class or category of vehicles or engines shall be 

14 given to dealers, ultimate purchasers, and subsequent purchasers (if 

15 known) in such manner and containing such information as the Admin16 istrator may by regulation require. 

17 (4) INSTRUCTIONS.— 

18 (A) IN GENERAL.—A manufacturer shall furnish with each new 

19 motor vehicle or motor vehicle engine written instructions for the 

20 proper maintenance and use of the vehicle or engine by the ulti21 mate purchaser, and the instructions shall correspond to regula22 tions that the Administrator shall promulgate. The manufacturer 

23 shall provide in boldface type on the 1st page of the written main24 tenance instructions notice that maintenance, replacement, or re25 pair of the emission control devices and systems may be performed 

26 by any automotive repair establishment or individual using any 

27 automotive part that has been certified as provided in subsection 

28 (b)(2). 

29 (B) NO CONDITIONS.— 

30 (i) IN GENERAL.—The instruction under subparagraph (A) 

31 shall not include— 

32 (I) any condition on the ultimate purchaser’s using, in 

33 connection with the vehicle or engine, any component or 

34 service (other than a component or service provided with35 out charge under the terms of the purchase agreement) 

36 that is identified by brand, trade, or corporate name; or 

37 (II) any condition directly or indirectly distinguishing 

38 between— 

39 (aa) service performed by the franchised dealers 

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1 ments with which the manufacturer has a commer2 cial relationship; and 

3 (bb) service performed by independent automotive 

4 repair facilities with which the manufacturer has no 

5 commercial relationship. 

6 (ii) WAIVER.—The prohibition of this subparagraph may be 

7 waived by the Administrator if— 

8 (I) the manufacturer satisfies the Administrator that 

9 the vehicle or engine will function properly only if the 

10 component or service identified by brand, trade, or cor11 porate name is used in connection with the vehicle or en12 gine; and 

13 (II) the Administrator finds that such a waiver is in 

14 the public interest. 

15 (C) LABEL OR TAG.—The manufacturer shall indicate by means 

16 of a label or tag permanently affixed to the vehicle or engine that 

17 the vehicle or engine is covered by a certificate of conformity 

18 issued for the purpose of ensuring achievement of emission stand19 ards prescribed under section 221102 of this title. The label or tag 

20 shall contain such other information relating to control of motor 

21 vehicle emissions as the Administrator shall prescribe by regula22 tion. 

23 (5) IN-USE STANDARDS.— 

24 (A) LIGHT-DUTY TRUCKS OF UP TO 6,000 POUNDS.—For pur25 poses of applying this subsection, in the case of 100 percent of 

26 each manufacturer’s sales volume of light-duty trucks of up to 

27 6,000 pounds gross vehicle weight rating and light-duty vehicles, 

28 the standards for nonmethane hydrocarbons, carbon monoxide, 

29 and nitrogen oxides shall be as provided in table G in section 

30 221102(f)(1) of this title, except that in applying the standards 

31 set forth in table G for purposes of determining compliance with 

32 this subsection, the applicable useful life shall be— 

33 (i) 5 years or 50,000 miles (or the equivalent), whichever 

34 first occurs, in the case of standards applicable for purposes 

35 of certification at 50,000 miles; and 

36 (ii) 10 years or 100,000 miles (or the equivalent), which37 ever first occurs, in the case of standards applicable for pur38 poses of certification at 100,000 miles; 

39 except that no testing shall be done beyond 7 years or 75,000 

40 miles (or the equivalent), whichever first occurs. 


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1 (B) LIGHT-DUTY TRUCKS OF MORE THAN 6,000 POUNDS.—For 

2 purposes of applying this subsection, in the case of 100 percent 

3 of each manufacturer’s sales volume of light-duty trucks of more 

4 than 6,000 pounds gross vehicle weight rating, the standards for 

5 nonmethane hydrocarbons, carbon monoxide, and nitrogen oxides 

6 shall be as provided in table H in section 221102(g) of this title, 

7 except that in applying the standards set forth in table H for pur8 poses of determining compliance with this subsection, the applica9 ble useful life shall be— 

10 (i) 5 years or 50,000 miles (or the equivalent), whichever 

11 first occurs, in the case of standards applicable for purposes 

12 of certification at 50,000 miles; and 

13 (ii) 11 years or 120,000 miles (or the equivalent), which14 ever first occurs, in the case of standards applicable for pur15 poses of certification at 120,000 miles; 

16 except that no testing shall be done beyond 7 years or 90,000 

17 miles (or the equivalent), whichever first occurs. 

18 (6) DIESEL VEHICLES; IN-USE USEFUL LIFE AND TESTING.— 

19 (A) DIESEL-FUELED LIGHT-DUTY TRUCKS OF UP TO 6,000

20 POUNDS.—In the case of diesel-fueled light-duty trucks up to 

21 6,000 pounds gross vehicle weight rating and light-duty vehicles, 

22 the useful life for purposes of determining in-use compliance with 

23 the standards under section 221102(f) of this title for nitrogen ox24 ides shall be a period of 10 years or 100,000 miles (or the equiva25 lent), whichever first occurs, in the case of standards applicable 

26 for purposes of certification at 100,000 miles, except that testing 

27 shall not be done for a period beyond 7 years or 75,000 miles (or 

28 the equivalent), whichever first occurs. 

29 (B) DIESEL-FUELED LIGHT-DUTY TRUCKS OF MORE THAN 6,000

30 POUNDS.—In the case of diesel-fueled light-duty trucks of 6,000 

31 pounds gross vehicle weight rating or more, the useful life for pur32 poses of determining in-use compliance with the standards under 

33 section 221102(g) of this title for nitrogen oxides shall be a period 

34 of 11 years or 120,000 miles (or the equivalent), whichever first 

35 occurs, in the case of standards applicable for purposes of certifi36 cation at 120,000 miles, except that testing shall not be done for 

37 a period beyond 7 years or 90,000 miles (or the equivalent) which38 ever first occurs. 

39 (e) DEALER COSTS BORNE BY MANUFACTURER.—Any cost obligation of 

40 any dealer incurred as a result of any requirement imposed by subsection 

41 (b), (c), or (d) shall be borne by the manufacturer. The transfer of any such 


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1 cost obligation from a manufacturer to any dealer through franchise or 

2 other agreement is prohibited. 

3 (f) COST STATEMENT.—If a manufacturer includes in any advertisement 

4 a statement respecting the cost or value of emission control devices or sys5 tems, the manufacturer shall set forth in the statement the cost or value 

6 attributed to those devices or systems by the Secretary of Labor (through 

7 the Bureau of Labor Statistics). The Secretary of Labor, and the Sec8 retary’s representatives, shall have the same access for this purpose to the 

9 records of a manufacturer as the Comptroller General has to those of a re10 cipient of assistance for purposes of section 209105 of this title. 

11 (g) INSPECTION AFTER SALE TO ULTIMATE PURCHASER.—Any inspec12 tion of a motor vehicle or a motor vehicle engine for purposes of subsection 

13 (d)(2), after its sale to an ultimate purchaser, shall be made only if the 

14 owner of the vehicle or engine voluntarily permits such an inspection to be 

15 made, except as may be provided by any State or local inspection program. 

16 (h) REPLACEMENT AND MAINTENANCE COSTS BORNE BY OWNER.—For 

17 the purposes of this section, the owner of any motor vehicle or motor vehicle 

18 engine warranted under this section is responsible in the proper mainte19 nance of the vehicle or engine to replace and to maintain, at the owner’s 

20 expense at any service establishment or facility of the owner’s choosing, 

21 such items as spark plugs, points, condensers, and any other part, item, or 

22 device related to emission control (but not designed for emission control 

23 under the terms of subsection (b)(3)(A)), unless the part, item, or device 

24 is covered by any warranty not mandated by this division. 

25 (i) REMEDIATION OF NONCONFORMITY; TESTING.— 

26 (1) REMEDIATION OF NONCONFORMITY.—If at any time during the 

27 period for which the warranty applies under subsection (c), a motor ve28 hicle fails to conform to the applicable regulations under section 

29 221102 of this title as determined under subsection (c), the noncon30 formity shall be remedied by the manufacturer at the cost of the manu31 facturer pursuant to the warranty as provided in subparagraph (B) of 

32 subsection (c)(3) (without regard to clause (iii) of that subparagraph). 

33 (2) TESTING.—Nothing in section 221109(a) of this title shall be 

34 construed to prohibit a State from testing, or requiring testing of, a 

35 motor vehicle after the date of sale of the vehicle to an ultimate pur36 chaser (except that no new motor vehicle manufacturer or dealer may 

37 be required to conduct testing under this paragraph). 

38 (j) EFFECT OF DIVISION.—Nothing in this division shall be construed to 

39 provide that any part other than a part described in subsection (a)(1) shall 

40 be required to be warranted under this division for the period of 8 years 

41 or 80,000 miles described in subsection (a)(3)(B). 


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1 § 221108. Information collection 

2 (a) MANUFACTURER’S RESPONSIBILITY.—Every manufacturer of new 

3 motor vehicles or new motor vehicle engines, every manufacturer of new 

4 motor vehicle or engine parts or components, and every other person subject 

5 to the requirements of this chapter or chapter 225 shall— 

6 (1) establish and maintain records, perform tests where such testing 

7 is not otherwise reasonably available under this chapter and chapter 

8 225 (including fees for testing), make reports, and provide information 

9 that the Administrator may reasonably require to determine whether 

10 the manufacturer or other person has acted or is acting in compliance 

11 with this chapter and chapter 225 (including regulations thereunder, 

12 or to otherwise carry out this chapter and chapter 225; and 

13 (2) on request of an officer or employee duly designated by the Ad14 ministrator, permit the officer or employee at reasonable times to have 

15 access to and copy such records. 

16 (b) ENFORCEMENT AUTHORITY.—For the purposes of enforcement of 

17 this section, officers or employees duly designated by the Administrator on 

18 presenting appropriate credentials may— 

19 (1) enter, at reasonable times, any establishment of a manufacturer, 

20 or of any person that a manufacturer engages to perform any activity 

21 required by subsection (a), for the purposes of inspecting or observing 

22 any activity conducted pursuant to subsection (a); and 

23 (2) inspect records, processes, controls, and facilities used in per24 forming any activity required by subsection (a), by the manufacturer 

25 or by any person that the manufacturer engages to perform any such 

26 activity. 

27 (c) AVAILABILITY TO PUBLIC; TRADE SECRETS.—Any records, reports, 

28 or information obtained under this chapter or chapter 225 shall be available 

29 to the public, except that on a showing satisfactory to the Administrator 

30 by any person that records, reports, or information, or a particular portion 

31 thereof (other than emission data), to which the Administrator has access 

32 under this section, if made public, would divulge methods or processes enti33 tled to protection as trade secrets of that person, the Administrator shall 

34 consider the record, report, or information or particular portion thereof con35 fidential in accordance with section 1905 of title 18. Any authorized rep36 resentative of the Administrator shall be considered an employee of the 

37 United States for purposes of section 1905 of title 18. 

38 (d) EFFECT OF SECTION.—Nothing in this section prohibits the Adminis39 trator or authorized representative of the Administrator from disclosing 

40 records, reports, or information to other officers, employees, or authorized 

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1 sion or when relevant in any proceeding under this division. Nothing in this 

2 section authorizes the withholding of information by the Administrator or 

3 any officer or employee under the Administrator’s control from the duly au4 thorized committees of Congress. 

5 § 221109. State standards 

6 (a) PROHIBITIONS.— 

7 (1) STANDARDS.—No State or any political subdivision thereof shall 

8 adopt or attempt to enforce any standard relating to the control of 

9 emissions from new motor vehicles or new motor vehicle engines subject 

10 to this chapter. 

11 (2) APPROVAL.—No State shall require certification, inspection, or 

12 any other approval relating to the control of emissions from any new 

13 motor vehicle or new motor vehicle engine as a condition precedent to 

14 the initial retail sale, titling (if any), or registration of the motor vehi15 cle, motor vehicle engine, or equipment. 

16 (b) WAIVER.— 

17 (1) IN GENERAL.—The Administrator shall, after notice and oppor18 tunity for public hearing, waive application of this section to any State 

19 that adopted standards (other than crankcase emission standards) for 

20 the control of emissions from new motor vehicles or new motor vehicle 

21 engines prior to March 30, 1966, if the State determines that the State 

22 standards will be, in the aggregate, at least as protective of public 

23 health and welfare as applicable Federal standards. 

24 (2) LIMITATION.—No such waiver shall be granted if the Adminis25 trator finds that— 

26 (A) the determination of the State is arbitrary and capricious; 

27 (B) the State does not need such State standards to meet com28 pelling and extraordinary conditions; or 

29 (C) the State standards and accompanying enforcement proce30 dures are not consistent with section 221102(a) of this title. 

31 (3) PROTECTIVENESS.—If each State standard is at least as strin32 gent as the comparable applicable Federal standard, the State standard 

33 shall be deemed to be at least as protective of health and welfare as 

34 the Federal standards for purposes of paragraphs (1) and (2). 

35 (4) TREATMENT AS COMPLIANCE WITH FEDERAL STANDARDS.—In 

36 the case of any new motor vehicle or new motor vehicle engine to which 

37 State standards apply pursuant to a waiver granted under paragraph 

38 (1), compliance with the State standards shall be treated as compliance 

39 with applicable Federal standards for purposes of this subdivision. 

40 (c) CERTIFICATION OF VEHICLE PARTS OR ENGINE PARTS.— 


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1 (1) IN GENERAL.—Whenever a regulation with respect to any motor 

2 vehicle part or motor vehicle engine part is in effect under section 

3 221107(b)(2) of this title, no State or political subdivision thereof shall 

4 adopt or attempt to enforce any standard or any requirement of certifi5 cation, inspection, or approval that relates to motor vehicle emissions 

6 and is applicable to the same aspect of that part. 

7 (2) APPLICABILITY.—Paragraph (1) shall not apply in the case of 

8 a State with respect to which a waiver is in effect under subsection (b). 

9 (d) CONTROL, REGULATION, OR RESTRICTIONS ON REGISTERED OR LI10 CENSED MOTOR VEHICLES.—Nothing in this chapter precludes or denies to 

11 any State or political subdivision thereof the right otherwise to control, reg12 ulate, or restrict the use, operation, or movement of registered or licensed 

13 motor vehicles. 

14 (e) NONROAD ENGINES OR VEHICLES.— 

15 (1) PROHIBITION OF CERTAIN STATE STANDARDS.— 

16 (A) IN GENERAL.—No State or any political subdivision thereof 

17 shall adopt or attempt to enforce any standard or other require18 ment relating to the control of emissions from either of the fol19 lowing new nonroad engines or nonroad vehicles subject to regula20 tion under this division: 

21 (i) New engines that— 

22 (I) are used in construction equipment or vehicles or 

23 used in farm equipment or vehicles; and 

24 (II) are smaller than 175 horsepower. 

25 (ii) New locomotives or new engines used in locomotives. 

26 (B) NO WAIVER.—Subsection (b) shall not apply for purposes 

27 of this paragraph. 

28 (2) OTHER NONROAD ENGINES OR VEHICLES.— 

29 (A) CALIFORNIA.—In the case of any nonroad vehicles or en30 gines other than those described to in clause (i) or (ii) of para31 graph (1)(A), the Administrator shall, after notice and opportunity 

32 for public hearing, authorize California to adopt and enforce 

33 standards and other requirements relating to the control of emis34 sions from such vehicles or engines if California determines that 

35 California standards will be, in the aggregate, at least as protec36 tive of public health and welfare as applicable Federal standards. 

37 No such authorization shall be granted if the Administrator finds 

38 that— 

39 (i) the determination of California is arbitrary and capri40 cious; 


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1 (ii) California does not need such California standards to 

2 meet compelling and extraordinary conditions; or 

3 (iii) California standards and accompanying enforcement 

4 procedures are not consistent with this section. 

5 (B) OTHER STATES.—Any State other than California that has 

6 plan provisions approved under chapter 215 may adopt and en7 force, after notice to the Administrator, for any period, standards 

8 relating to control of emissions from nonroad vehicles or engines 

9 (other than those described in clause (i) or (ii) of paragraph 

10 (1)(A)) and take such other actions as are described in subpara11 graph (A) of this paragraph respecting such vehicles or engines 

12 if— 

13 (i) the standards and implementation and enforcement are 

14 identical, for the period concerned, to the California stand15 ards authorized by the Administrator under subparagraph 

16 (A); and 

17 (ii) California and that State adopt the standards at least 

18 2 years before commencement of the period for which the 

19 standards take effect. 

20 (3) REGULATIONS.—The Administrator shall issue regulations to im21 plement this subsection. 

22 § 221110. State grants 

23 (a) IN GENERAL.—The Administrator may make grants to appropriate 

State agencies in an amount up to 2 24 ⁄3 of the cost of developing and main25 taining effective vehicle emission devices and systems inspection and emis26 sion testing and control programs. 

27 (b) LIMITATIONS.—No grant under subsection (a) shall be made— 

28 (1) for any part of any State vehicle inspection program that does 

29 not directly relate to the cost of the air pollution control aspects of 

30 such a program; 

31 (2) unless the Secretary of Transportation has certified to the Ad32 ministrator that the program is consistent with any highway safety pro33 gram developed pursuant to section 402 of title 23; and 

34 (3) unless the program includes provisions designed to ensure that 

35 emission control devices and systems on vehicles in actual use have not 

36 been discontinued or rendered inoperative. 

37 (c) REIMBURSEMENT.—Grants may be made under this section by way 

38 of reimbursement in any case in which amounts have been expended by the 

39 State before the date on which any such grant was made. 

40 § 221111. Regulation of fuels 

41 (a) DEFINITIONS.—In this section: 


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1 (1) MANUFACTURE.—The term ‘‘manufacture’’ includes importation. 

2 (2) MANUFACTURER.—The term ‘‘manufacturer’’ includes an im3 porter. 

4 (b) AUTHORITY OF ADMINISTRATOR TO REGULATE.—The Administrator 

5 may by regulation designate any fuel or fuel additive (including any fuel or 

6 fuel additive used exclusively in nonroad engines or nonroad vehicles) and, 

7 after such date or dates as the Administrator may prescribe, no manufac8 turer or processor of any such fuel or additive may sell, offer for sale, or 

9 introduce into commerce that fuel or additive unless the Administrator has 

10 registered the fuel or additive in accordance with subsection (c). 

11 (c) REGISTRATION REQUIREMENT.— 

12 (1) NOTIFICATION TO THE ADMINISTRATOR.—For the purpose of 

13 registration of fuels and fuel additives, the Administrator shall— 

14 (A) require the manufacturer of any fuel to notify the Adminis15 trator of— 

16 (i) the commercial identifying name and manufacturer of 

17 any additive contained in the fuel; 

18 (ii) the range of concentration of any additive in the fuel; 

19 and 

20 (iii) the purpose-in-use of any such additive; and 

21 (B) require the manufacturer of any additive to notify the Ad22 ministrator as to the chemical composition of the additive. 

23 (2) TESTS; FURNISHING OF INFORMATION.— 

24 (A) IN GENERAL.—For the purpose of registration of fuels and 

25 fuel additives, the Administrator shall, on a regular basis, require 

26 the manufacturer of any fuel or fuel additive— 

27 (i) to conduct tests to determine potential public health and 

28 environmental effects of the fuel or additive (including car29 cinogenic, teratogenic, or mutagenic effects); and 

30 (ii) to furnish— 

31 (I) the description of any analytical technique that can 

32 be used to detect and measure any additive in the fuel; 

33 (II) the recommended range of concentration of the 

34 additive; 

35 (III) the recommended purpose-in-use of the additive; 

36 and 

37 (IV) such other information as is reasonable and nec38 essary to determine— 

39 (aa) the emissions resulting from the use of the 

40 fuel or additive contained in the fuel; 


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1 (bb) the effect of the fuel or additive on the emis2 sion control performance of any vehicle, vehicle en3 gine, nonroad engine, or nonroad vehicle; or 

4 (cc) the extent to which such emissions affect the 

5 public health or welfare. 

6 (B) TEST PROCEDURES AND PROTOCOLS; NO CONFIDEN7 TIALITY.—Tests under subparagraph (A)(i) shall be conducted in 

8 conformity with test procedures and protocols established by the 

9 Administrator. The result of such tests shall not be considered 

10 confidential. 

11 (3) REGISTRATION.—On compliance with this subsection, including 

12 assurances that the Administrator will receive changes in the informa13 tion required, the Administrator shall register the fuel or fuel additive. 

14 (d) CONTROL OR PROHIBITION OF FUELS AND FUEL ADDITIVES.— 

15 (1) IN GENERAL.—The Administrator may, from time to time on the 

16 basis of information obtained under subsection (c) or other information 

17 available to the Administrator, by regulation, control or prohibit the 

18 manufacture, introduction into commerce, offering for sale, or sale of 

19 any fuel or fuel additive for use in a motor vehicle, motor vehicle en20 gine, or nonroad engine or nonroad vehicle if— 

21 (A) in the judgment of the Administrator, any fuel or fuel addi22 tive or any emission product of the fuel or fuel additive causes, 

23 or contributes to, air pollution or water pollution (including any 

24 degradation in the quality of groundwater) that may reasonably be 

25 anticipated to endanger the public health or welfare; or 

26 (B) emission products of the fuel or fuel additive will impair to 

27 a significant degree the performance of any emission control device 

28 or system that is in general use, or that the Administrator finds 

29 has been developed to a point where in a reasonable time it would 

30 be in general use were such a regulation to be promulgated. 

31 (2) REQUIREMENTS FOR CONTROL OR PROHIBITION.— 

32 (A) CAUSATION OF OR CONTRIBUTION TO AIR POLLUTION.—No 

33 fuel, class of fuels, or fuel additive may be controlled or prohibited 

34 by the Administrator under paragraph (1)(A) except after consid35 eration of all relevant medical and scientific evidence available to 

36 the Administrator, including consideration of other technologically 

37 or economically feasible means of achieving emission standards 

38 under section 221102 of this title. 

39 (B) IMPAIRMENT OF PERFORMANCE OF EMISSION CONTROL DE40 VICE OR SYSTEM.— 


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1 (i) IN GENERAL.—No fuel or fuel additive may be con2 trolled or prohibited by the Administrator under paragraph 

3 (1)(B) except after consideration of available scientific and 

4 economic data, including a cost benefit analysis comparing— 

5 (I) emission control devices or systems that are or will 

6 be in general use and require the proposed control or 

7 prohibition; with 

8 (II) emission control devices or systems that are or 

9 will be in general use and do not require the proposed 

10 control or prohibition. 

11 (ii) HEARING; FINDINGS.—On request of a manufacturer of 

12 motor vehicles, motor vehicle engines, fuels, or fuel additives 

13 that is submitted within 10 days of notice of proposed rule14 making, the Administrator shall hold a public hearing and 

15 publish findings with respect to any matter that the Adminis16 trator is required to consider under this subparagraph. Such 

17 findings shall be published at the time of promulgation of 

18 final regulations. 

19 (C) OTHER FUELS AND FUEL ADDITIVES.—No fuel or fuel addi20 tive may be prohibited by the Administrator under paragraph (1) 

21 unless the Administrator finds, and publishes the finding, that in 

22 the Administrator’s judgment, such a prohibition will not cause 

23 the use of any other fuel or fuel additive that will produce emis24 sions that will endanger the public health or welfare to the same 

25 degree as or a greater degree than the use of the fuel or fuel addi26 tive proposed to be prohibited. 

27 (3) EVIDENCE AND DATA.— 

28 (A) IN GENERAL.—For the purpose of obtaining evidence and 

29 data to carry out paragraph (2), the Administrator may require 

30 the manufacturer of any motor vehicle or motor vehicle engine to 

31 furnish any information that has been developed concerning the 

32 emissions from motor vehicles resulting from the use of any fuel 

33 or fuel additive, or the effect of such use on the performance of 

34 any emission control device or system. 

35 (B) SUBPOENAS.—In obtaining information under subpara36 graph (A), section 203102(a) of this title shall be applicable. 

37 (4) LIMITATION ON STATE CONTROL OR PROHIBITION.— 

38 (A) IN GENERAL.—Except as otherwise provided in subpara39 graph (B) or (C), no State (or political subdivision thereof) may 

40 prescribe or attempt to enforce, for purposes of motor vehicle 

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1 acteristic or component of a fuel or fuel additive in a motor vehicle 

2 or motor vehicle engine— 

3 (i) if the Administrator has found that no control or prohi4 bition of the characteristic or component of a fuel or fuel ad5 ditive under paragraph (1) is necessary and has published the 

6 finding in the Federal Register; or 

7 (ii) if the Administrator has prescribed under paragraph 

8 (1) a control or prohibition applicable to the characteristic or 

9 component of a fuel or fuel additive, unless State prohibition 

10 or control is identical to the prohibition or control prescribed 

11 by the Administrator. 

12 (B) STATES WITH WAIVERS.—Any State for which application 

13 of section 221109(a) of this title has at any time been waived 

14 under section 221109 of this title may at any time prescribe and 

15 enforce, for the purpose of motor vehicle emission control, a con16 trol or prohibition respecting any fuel or fuel additive. 

17 (C) IMPLEMENTATION PLANS.— 

18 (i) IN GENERAL.—A State may prescribe and enforce, for 

19 purposes of motor vehicle emission control, a control or prohi20 bition respecting the use of a fuel or fuel additive in a motor 

21 vehicle or motor vehicle engine if an applicable implementa22 tion plan for the State under section 211110 of this title so 

23 provides. The Administrator may approve such a provision in 

24 an implementation plan, or promulgate an implementation 

25 plan containing such a provision, only if the Administrator 

26 finds that the State control or prohibition is necessary to 

27 achieve the primary or secondary NAAQS that the plan im28 plements. The Administrator may find that a State control or 

29 prohibition is necessary to achieve that standard if no other 

30 measures that would bring about timely attainment exist, or 

31 if other measures exist and are technically possible to imple32 ment, but are unreasonable or impracticable. The Adminis33 trator may make a finding of necessity under this subpara34 graph even if the plan for the area does not contain an ap35 proved demonstration of timely attainment. 

36 (ii) TEMPORARY WAIVER.—The Administrator may tempo37 rarily waive a control or prohibition respecting the use of a 

38 fuel or fuel additive required or regulated by the Adminis39 trator pursuant to this subsection or subsection (h), (i), (m), 

40 or (n) or prescribed in an applicable implementation plan 

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1 trator under clause (i) if, after consultation with, and concur2 rence by, the Secretary of Energy, the Administrator deter3 mines that— 

4 (I) extreme and unusual fuel or fuel additive supply 

5 circumstances exist in a State or region of the Nation 

6 that prevent the distribution of an adequate supply of 

7 the fuel or fuel additive to consumers; 

8 (II) the extreme and unusual fuel and fuel additive 

9 supply circumstances are the result of a natural disaster, 

10 an Act of God, a pipeline or refinery equipment failure, 

11 or another event that could not reasonably have been 

12 foreseen or prevented and not the lack of prudent plan13 ning on the part of the suppliers of the fuel or fuel addi14 tive to the State or region; and 

15 (III) it is in the public interest to grant the waiver, 

16 such as when a waiver is necessary to meet projected 

17 temporary shortfalls in the supply of the fuel or fuel ad18 ditive in a State or region of the Nation that cannot oth19 erwise be compensated for. 

20 (iii) ADDITIONAL REQUIREMENTS.—If the Administrator 

21 makes the determinations described in clause (ii), a tem22 porary extreme and unusual fuel and fuel additive supply cir23 cumstances waiver shall be permitted only if— 

24 (I) the waiver applies to the smallest geographic area 

25 necessary to address the extreme and unusual fuel and 

26 fuel additive supply circumstances; 

27 (II) the waiver is effective for a period of 20 calendar 

28 days or, if the Administrator determines that a shorter 

29 waiver period is adequate, for the shortest practicable 

30 time period necessary to permit the correction of the ex31 treme and unusual fuel and fuel additive supply cir32 cumstances and to mitigate impact on air quality; 

33 (III) the waiver permits a transitional period, the 

34 exact duration of which shall be determined by the Ad35 ministrator (but which shall be for the shortest prac36 ticable period), after the termination of the temporary 

37 waiver to permit wholesalers and retailers to blend down 

38 their wholesale and retail inventory; 

39 (IV) the waiver applies to all persons in the motor fuel 

40 distribution system (as defined by the Administrator 

41 through rulemaking); and 


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1 (V) the Administrator has given public notice to all 

2 parties in the motor fuel distribution system, and local 

3 and State regulators, in the State or region to be covered 

4 by the waiver. 

5 (iv) REGULATIONS.—The Administrator shall promulgate 

6 regulations to implement clauses (ii) and (iii). 

7 (v) EFFECT OF SUBPARAGRAPH.—Nothing in this subpara8 graph shall— 

9 (I) limit or otherwise affect the application of any 

10 other waiver authority of the Administrator pursuant to 

11 this section (including a regulation promulgated pursu12 ant to this section); or 

13 (II) subject any State or person to an enforcement ac14 tion, penalties, or liability solely arising from actions 

15 taken pursuant to the issuance of a waiver under this 

16 subparagraph. 

17 (vi) LIMITATION.— 

18 (I) IN GENERAL.—The Administrator shall have no 

19 authority, when considering a State implementation plan 

20 or a State implementation plan revision, to approve 

21 under this paragraph any fuel included in the plan or re22 vision if the effect of the approval would be to increase 

23 the total number of fuels approved under this paragraph 

24 as of September 1, 2004, in all State implementation 

25 plans. 

26 (II) LIST OF APPROVED FUELS.—The Administrator, 

27 in consultation with the Secretary of Energy, shall deter28 mine the total number of fuels approved under this para29 graph as of September 1, 2004, in all State implementa30 tion plans and shall publish a list of such fuels, including 

31 the States and Petroleum Administration for Defense 

32 Districts in which the fuels are used, in the Federal Reg33 ister for public review and comment. 

34 (III) REMOVAL FROM LIST.—The Administrator shall 

35 remove a fuel from the list published under subclause 

36 (II) if a fuel ceases to be included in a State implemen37 tation plan or if a fuel in a State implementation plan 

38 is identical to a Federal fuel formulation implemented by 

39 the Administrator, but the Administrator shall not re40 duce the total number of fuels authorized under the list 

41 published under subclause (II). 


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1 (IV) NEW FUELS.— 

2 (aa) IN GENERAL.—Subclause (I) shall not limit 

3 the Administrator’s authority to approve a control 

4 or prohibition respecting any new fuel under this 

5 paragraph in a State implementation plan or revi6 sion to a State implementation plan if the new 

7 fuel— 

8 (AA) completely replaces a fuel on the list 

9 published under subclause (II); or 

10 (BB) does not increase the total number of 

11 fuels on the list published under subclause (II) 

12 as of September 1, 2004. 

13 (bb) LOWER NUMBER OF FUELS ON LIST.—If the 

14 total number of fuels on the list published under 

15 subclause (II) at the time of the Administrator’s 

16 consideration of a control or prohibition respecting 

17 a new fuel is lower than the total number of fuels 

18 on such list as of September 1, 2004, the Adminis19 trator may approve a control or prohibition respect20 ing a new fuel under this subclause if the Adminis21 trator, after consultation with the Secretary of En22 ergy, publishes in the Federal Register after notice 

23 and comment a finding that, in the Administrator’s 

24 judgment, the control or prohibition respecting a 

25 new fuel will not cause fuel supply or distribution 

26 interruptions or have a significant adverse impact 

27 on fuel producibility in the affected area or contig28 uous areas. 

29 (V) FURTHER LIMITATION.—The Administrator shall 

30 have no authority under this paragraph, when consid31 ering any particular State’s implementation plan or a re32 vision to that State’s implementation plan, to approve 

33 any fuel unless that fuel was, as of the date of such con34 sideration, approved in at least 1 State implementation 

35 plan in the applicable Petroleum Administration for De36 fense District. However, the Administrator may approve 

37 as part of a State implementation plan or State imple38 mentation plan revision a fuel with a summertime Reid 

39 vapor pressure of 7.0 per square inch. In no event shall 

40 such approval by the Administrator cause an increase in 


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1 the total number of fuels on the list published under sub2 clause (II). 

3 (VI) EFFECT OF CLAUSE.—Nothing in this clause 

4 shall be construed to have any effect regarding any avail5 able authority of States to require the use of any fuel ad6 ditive registered in accordance with subsection (c). 

7 (e) TESTING OF FUELS AND FUEL ADDITIVES.— 

8 (1) REGULATIONS.—After notice and opportunity for a public hear9 ing, the Administrator shall promulgate regulations that implement the 

10 authority under clauses (i) and (ii) of subsection (c)(2)(A) with respect 

11 to each fuel or fuel additive that is registered on the date of promulga12 tion of the regulations and with respect to each fuel or fuel additive 

13 for which an application for registration is filed thereafter. 

14 (2) PROVISION OF INFORMATION.—Regulations under subsection (c) 

15 to carry out this subsection shall require that the requisite information 

16 be provided to the Administrator by each manufacturer— 

17 (A) prior to registration, in the case of any fuel or fuel additive 

18 that is not registered on the date of promulgation of such regula19 tions; or 

20 (B) not later than 3 years after the date of promulgation of 

21 such regulations, in the case of any fuel or fuel additive that is 

22 registered on that date. 

23 (3) EXEMPTIONS; COST SHARING.—In promulgating the regulations, 

24 the Administrator may— 

25 (A) exempt any small business (as defined in the regulations) 

26 from, or defer or modify the requirements of, the regulations with 

27 respect to any small business; 

28 (B) provide for cost sharing with respect to the testing of any 

29 fuel or fuel additive that is manufactured or processed by 2 or 

30 more persons or otherwise provide for shared responsibility to 

31 meet the requirements of this section without duplication; or 

32 (C) exempt any person from the regulations with respect to a 

33 particular fuel or fuel additive on a finding that any additional 

34 testing of that fuel or fuel additive would be duplicative of ade35 quate existing testing. 

36 (f) NEW FUELS AND FUEL ADDITIVES.— 

37 (1) FUELS AND FUEL ADDITIVES.— 

38 (A) FUELS AND FUEL ADDITIVES FOR GENERAL USE IN LIGHT39 DUTY MOTOR VEHICLES MANUFACTURED AFTER MODEL YEAR

40 1974.—It shall be unlawful for any manufacturer of any fuel or 

41 fuel additive to first introduce into commerce, or to increase the 


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1 concentration in use of, any fuel or fuel additive for general use 

2 in light-duty motor vehicles manufactured after model year 1974 

3 that is not substantially similar to any fuel or fuel additive utilized 

4 in the certification of any model year 1975, or subsequent model 

5 year, vehicle or engine under section 221106 of this title. 

6 (B) FUELS AND FUEL ADDITIVES FOR USE BY ANY PERSON IN

7 MOTOR VEHICLES MANUFACTURED AFTER MODEL YEAR 1974.—It 

8 shall be unlawful for any manufacturer of any fuel or fuel additive 

9 to first introduce into commerce, or to increase the concentration 

10 in use of, any fuel or fuel additive for use by any person in motor 

11 vehicles manufactured after model year 1974 that is not substan12 tially similar to any fuel or fuel additive utilized in the certifi13 cation of any model year 1975, or subsequent model year, vehicle 

14 or engine under section 221106 of this title. 

15 (2) GASOLINE CONTAINING MANGANESE.—It shall be unlawful for 

16 any manufacturer of any fuel to introduce into commerce any gasoline 

17 that contains a concentration of manganese in excess of .0625 grams 

18 per gallon of fuel, except as otherwise provided pursuant to a waiver 

19 under paragraph (3). 

20 (3) WAIVER.—The Administrator, on application of any manufac21 turer of any fuel or fuel additive, may waive the prohibitions estab22 lished under paragraph (1) or the limitation specified in paragraph (2) 

23 if the Administrator determines that the applicant has established that 

24 the fuel or fuel additive or a specified concentration thereof, and the 

25 emission products of the fuel or additive or specified concentration 

26 thereof, will not cause or contribute to a failure of any emission control 

27 device or system (over the useful life of any motor vehicle, motor vehi28 cle engine, nonroad vehicle, or nonroad engine in which the device or 

29 system is used) to achieve compliance by the motor vehicle, motor vehi30 cle engine, nonroad vehicle, or nonroad engine with the emission stand31 ards with respect to which it has been certified pursuant to sections 

32 221106 and 221113(a) of this title. The Administrator shall take final 

33 action to grant or deny an application under this paragraph, after pub34 lic notice and comment, within 270 days after receipt of the applica35 tion. 

36 (4) NO STAY.—No action of the Administrator under this section 

37 may be stayed by any court pending judicial review of the action. 

38 (g) MISFUELING.— 

39 (1) LEADED GASOLINE.—No person shall introduce, or cause or 

40 allow the introduction of, leaded gasoline into any motor vehicle— 

41 (A) that is labeled ‘‘unleaded gasoline only’’; 


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1 (B) that is equipped with a gasoline tank filler inlet designed 

2 for the introduction of unleaded gasoline; 

3 (C) that is a 1990 or later model year motor vehicle; or 

4 (D) that the person knows or should know is a vehicle designed 

5 solely for the use of unleaded gasoline. 

6 (2) DIESEL FUEL CONTAINING SULFUR.—No person shall introduce 

7 or cause or allow the introduction into any motor vehicle of diesel fuel 

8 that the person knows or should know contains a concentration of sul9 fur in excess of 0.05 percent (by weight) or that fails to meet a cetane 

10 index minimum of 40 or such equivalent alternative aromatic level as 

11 the Administrator may prescribe under subsection (i)(2). 

12 (h) REID VAPOR PRESSURE REQUIREMENTS.— 

13 (1) PROHIBITION.—The Administrator shall promulgate regulations 

14 making it unlawful for any person during the high ozone season (as 

15 defined by the Administrator) to sell, offer for sale, dispense, supply, 

16 offer for supply, transport, or introduce into commerce gasoline with 

17 a Reid vapor pressure in excess of 9.0 pounds per square inch. The 

18 regulations shall establish more stringent Reid vapor pressure stand19 ards in a nonattainment area as the Administrator finds necessary to 

20 generally achieve comparable evaporative emissions (on a per-vehicle 

21 basis) in nonattainment areas, taking into consideration the enforce22 ability of the standards, the need of an area for emission control, and 

23 economic factors. 

24 (2) ATTAINMENT AREAS.— 

25 (A) IN GENERAL.—The regulations under this subsection shall 

26 not make it unlawful for any person to sell, offer for supply, trans27 port, or introduce into commerce gasoline with a Reid vapor pres28 sure of 9.0 pounds per square inch or lower in any area designated 

29 under section 211107 of this title as an attainment area. 

30 (B) FORMER OZONE NONATTAINMENT AREAS REDESIGNATED

31 AS AN ATTAINMENT AREA.—Notwithstanding subparagraph (A), 

32 the Administrator may impose a Reid vapor pressure requirement 

33 lower than 9.0 pounds per square inch in any area, formerly an 

34 ozone nonattainment area, that has been redesignated as an at35 tainment area. 

36 (3) ENFORCEMENT.—The regulations under this subsection shall in37 clude such provisions as the Administrator determines are necessary to 

38 implement and enforce the requirements of this subsection. 

39 (4) ETHANOL WAIVER.— 

40 (A) IN GENERAL.—Subject to subparagraph (B), for fuel blends 

41 containing gasoline and 10 percent denatured anhydrous ethanol, 


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1 the Reid vapor pressure limitation under this subsection shall be 

2 1 pound per square inch greater than the applicable Reid vapor 

3 pressure limitations established under paragraph (1). 

4 (B) DISTRIBUTORS, BLENDERS, MARKETERS, RESELLERS, CAR5 RIERS, RETAILERS, AND WHOLESALE PURCHASER-CONSUMERS

6 DEEMED TO BE IN FULL COMPLIANCE.—A distributor, blender, 

7 marketer, reseller, carrier, retailer, or wholesale purchaser-con8 sumer shall be deemed to be in full compliance with this sub9 section (including the regulations promulgated thereunder) if it 

10 can demonstrate (by showing receipt of a certification or other evi11 dence acceptable to the Administrator) that— 

12 (i) the gasoline portion of the blend complies with the Reid 

13 vapor pressure limitations promulgated pursuant to this sub14 section; 

15 (ii) the ethanol portion of the blend does not exceed its 

16 waiver condition under subsection (f)(5); and 

17 (iii) no additional alcohol or other additive has been added 

18 to increase the Reid vapor pressure of the ethanol portion of 

19 the blend. 

20 (5) EXCLUSION FROM ETHANOL WAIVER.— 

21 (A) PROMULGATION OF REGULATIONS.—On notification, accom22 panied by supporting documentation, from the Governor of a State 

23 that the Reid vapor pressure limitation established by paragraph 

24 (4) will increase emissions that contribute to air pollution in any 

25 area in the State, the Administrator shall, by regulation, apply, in 

26 lieu of the Reid vapor pressure limitation established by paragraph 

27 (4), the Reid vapor pressure limitation established by paragraph 

28 (1) to all fuel blends containing gasoline and 10 percent denatured 

29 anhydrous ethanol that are sold, offered for sale, dispensed, sup30 plied, offered for supply, transported, or introduced into commerce 

31 in the area during the high ozone season. 

32 (B) DEADLINE FOR PROMULGATION.—The Administrator shall 

33 promulgate regulations under subparagraph (A) not later than 90 

34 days after the date of receipt of a notification from a Governor 

35 under that subparagraph. 

36 (C) EFFECTIVE DATE.— 

37 (i) IN GENERAL.—With respect to an area in a State for 

38 which the Governor submits a notification under subpara39 graph (A), the regulations under that subparagraph shall 

40 take effect on the later of— 


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1 (I) the 1st day of the 1st high ozone season for the 

2 area that begins after the date of receipt of the notifica3 tion; or 

4 (II) 1 year after the date of receipt of the notification. 

5 (ii) EXTENSION OF EFFECTIVE DATE BASED ON DETER6 MINATION OF INSUFFICIENT SUPPLY.— 

7 (I) IN GENERAL.—If, after receipt of a notification 

8 with respect to an area from a Governor of a State 

9 under subparagraph (A), the Administrator determines, 

10 on the Administrator’s own motion or on petition of any 

11 person and after consultation with the Secretary of En12 ergy, that the promulgation of regulations described in 

13 subparagraph (A) would result in an insufficient supply 

14 of gasoline in the State, the Administrator, by regula15 tion— 

16 (aa) shall extend the effective date of the regula17 tions under clause (i) with respect to the area for 

18 not more than 1 year; and 

19 (bb) may renew the extension under item (aa) for 

20 2 additional periods, neither of which shall exceed 1 

21 year. 

22 (II) DEADLINE FOR ACTION ON PETITIONS.—The Ad23 ministrator shall act on any petition submitted under 

24 subclause (I) not later than 180 days after the date of 

25 receipt of the petition. 

26 (6) AREAS COVERED.—This subsection shall apply only to the 48 

27 contiguous States and the District of Columbia. 

28 (i) SULFUR CONTENT REQUIREMENTS FOR DIESEL FUEL.— 

29 (1) PROHIBITION.—No person shall manufacture, sell, supply, offer 

30 for sale or supply, dispense, transport, or introduce into commerce 

31 motor vehicle diesel fuel that contains a concentration of sulfur in ex32 cess of 0.05 percent (by weight) or that fails to meet a cetane index 

33 minimum of 40. 

34 (2) REGULATIONS.—The Administrator shall promulgate regulations 

35 to implement and enforce the requirements of paragraph (1). The Ad36 ministrator may require manufacturers and importers of diesel fuel not 

37 intended for use in motor vehicles to dye the diesel fuel in a particular 

38 manner to distinguish the non-motor vehicle diesel fuel from motor ve39 hicle diesel fuel. The Administrator may establish an equivalent alter40 native aromatic level to the cetane index specification in paragraph (1). 


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1 (3) SULFUR CONTENT AND CETANE INDEX MINIMUM.—The sulfur 

2 content and cetane index minimum of fuel required to be used in the 

3 certification of heavy-duty diesel vehicles and engines shall comply with 

4 the regulations promulgated under paragraph (2). 

5 (4) EXEMPTION.—Alaska and Hawaii may be exempted from the re6 quirements of this subsection in the same manner as is provided in sec7 tion 209115 of this title. The Administrator shall take final action on 

8 any petition filed under section 209115 of this title or this paragraph 

9 for an exemption from the requirements of this subsection within 12 

10 months after the date of the petition. 

11 (j) LEAD SUBSTITUTE GASOLINE ADDITIVES.— 

12 (1) REGISTRATION.—Any person proposing to register any gasoline 

13 additive under subsection (b) or to use any previously registered addi14 tive as a lead substitute may also elect to register the additive as a 

15 lead substitute gasoline additive for reducing valve seat wear by pro16 viding the Administrator with such relevant information regarding 

17 product identity and composition as the Administrator considers nec18 essary for carrying out the responsibilities of paragraph (2) (in addi19 tion to other information that may be required under subsection (c)). 

20 (2) TESTING.— 

21 (A) TEST PROCEDURE.—In addition to the other testing which 

22 may be required under subsection (c), in the case of the lead sub23 stitute gasoline additives described in paragraph (1), the Adminis24 trator shall develop and publish a test procedure to determine an 

25 additive’s effectiveness in reducing valve seat wear and an addi26 tive’s tendencies to produce engine deposits and other adverse side 

27 effects. The test procedure shall be developed in cooperation with 

28 the Secretary of Agriculture and with the input of additive manu29 facturers, engine and engine components manufacturers, and other 

30 interested persons. 

31 (B) TESTING.—The Administrator shall enter into arrange32 ments with an independent laboratory to conduct tests of each ad33 ditive using the test procedures developed and published pursuant 

34 to subparagraph (A). The Administrator shall publish the results 

35 of the tests by company and additive name in the Federal Register 

36 with, for comparison purposes, the results of applying the same 

37 test procedures to gasoline containing 0.1 gram of lead per gallon 

38 in lieu of the lead substitute gasoline additive. The Administrator 

39 shall not rank or otherwise rate the lead substitute additives. Ad40 ditives shall be tested within 6 months after the lead substitute 

41 additives are identified to the Administrator. 


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1 (3) USER FEE.—The Administrator may impose a user fee to recover 

2 the costs of testing of any fuel additive under this subsection. The fee 

3 shall be paid by the person proposing to register the fuel additive. The 

4 fee shall not exceed $20,000 for a single fuel additive. 

5 (4) SPECIAL FUND FOR LICENSING AND OTHER SERVICES.—Any fees 

6 collected under this subsection shall be deposited in the Treasury in a 

7 special fund for licensing and other services, which thereafter shall be 

8 available for appropriation, to remain available until expended, to carry 

9 out EPA’s activities for which the fees were collected. 

10 (k) REFORMULATED GASOLINE FOR CONVENTIONAL VEHICLES.— 

11 (1) DEFINITIONS.—In this subsection: 

12 (A) BASELINE GASOLINE.— 

13 (i) SUMMERTIME.—The term ‘‘baseline gasoline’’, with re14 spect to gasoline sold during the high ozone period (as de15 fined by the Administrator), means a gasoline that meets the 

16 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 

17 (ii) WINTERTIME.—The Administrator shall establish the 

18 specifications of baseline gasoline for gasoline sold at times 

19 other than the high ozone period (as defined by the Adminis20 trator). Those specifications shall be the specifications of 

21 1990 industry average gasoline sold during that period. 

22 (B) BASELINE VEHICLES.—The term ‘‘baseline vehicles’’ means 

23 representative model year 1990 vehicles. 

24 (C) CONVENTIONAL GASOLINE.—The term ‘‘conventional gaso25 line’’ means any gasoline that does not meet specifications set by 

26 a certification under this subsection. 

27 (D) COVERED AREA.—The term ‘‘covered area’’ means— 

28 (i) 1 of the 9 ozone nonattainment areas having a 1980 

29 population in excess of 250,000 and having the highest ozone 

30 design value during the period 1987 to 1989; and 

31 (ii) effective 1 year after the reclassification of any ozone 

32 nonattainment area as a severe ozone nonattainment area 

33 under section 215202(b) of this title, the severe area. 


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1 (E) REFORMULATED GASOLINE.—The term ‘‘reformulated gaso2 line’’ means any gasoline that is certified by the Administrator 

3 under this section as complying with this subsection. 

4 (F) TOXIC AIR POLLUTANTS.—The term ‘‘toxic air pollutants’’ 

5 means the aggregate emissions of the following: 

6 Benzene. 

7 1,3 Butadiene. 

8 Polycyclic organic matter (POM). 

9 Acetaldehyde. 

10 Formaldehyde. 

11 (2) EPA REGULATIONS.— 

12 (A) IN GENERAL.—The Administrator shall promulgate regula13 tions establishing requirements for reformulated gasoline to be 

14 used in gasoline-fueled vehicles in specified nonattainment areas. 

15 The regulations shall require the greatest reduction in emissions 

16 of ozone-forming volatile organic compounds (during the high 

17 ozone season) and emissions of toxic air pollutants (during the en18 tire year) achievable through the reformulation of conventional 

19 gasoline, taking into consideration— 

20 (i) the cost of achieving the emission reductions; and 

21 (ii) any air-quality related and non-air-quality related 

22 health and environmental impacts and energy requirements. 

23 (B) MAINTENANCE OF TOXIC AIR POLLUTANT EMISSIONS RE24 DUCTIONS FROM REFORMULATED GASOLINE.—The Administrator 

25 shall promulgate regulations to control hazardous air pollutants 

26 from motor vehicles and motor vehicle fuels, as provided for in sec27 tion 80.1045 of title 40, Code of Federal Regulations (as in effect 

28 on August 8, 2005), and as authorized under section 221102(k) 

29 of this title. 

30 (3) GENERAL REQUIREMENTS.— 

31 (A) IN GENERAL.—The regulations under paragraph (2) shall 

32 require that reformulated gasoline comply with paragraph (4) and 

33 with each of the requirements stated in this paragraph (subject to 

34 paragraph (8)). 

35 (B) NITROGEN OXIDE EMISSIONS.— 

36 (i) IN GENERAL.—The emissions of nitrogen oxides from 

37 baseline vehicles when using the reformulated gasoline shall 

38 be not greater than the level of such emissions from such ve39 hicles when using baseline gasoline. 

40 (ii) TECHNICAL INFEASIBILITY.—If the Administrator de41 termines that compliance with the limitation on emissions of 


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1 nitrogen oxides under clause (i) is technically infeasible, con2 sidering the other requirements applicable under this sub3 section to reformulated gasoline, the Administrator may, as 

4 appropriate to ensure compliance with this subparagraph, ad5 just (or waive entirely), any other requirements of this para6 graph or any requirements applicable under paragraph 

7 (4)(B). 

8 (C) BENZENE CONTENT.—The benzene content of the reformu9 lated gasoline shall not exceed 1.0 percent by volume. 

10 (D) HEAVY METALS.— 

11 (i) IN GENERAL.—The reformulated gasoline shall have no 

12 heavy metals, including lead or manganese. 

13 (ii) WAIVER.—The Administrator may waive the prohibi14 tion contained in clause (i) for a heavy metal (other than 

15 lead) if the Administrator determines that addition of the 

16 heavy metal to the reformulated gasoline will not increase, on 

17 an aggregate mass or cancer-risk basis, toxic air pollutant 

18 emissions from motor vehicles. 

19 (4) MORE STRINGENT OF FORMULA OR PERFORMANCE STAND20 ARDS.— 

21 (A) IN GENERAL.—The regulations under paragraph (2) shall 

22 require compliance with the more stringent of the requirements set 

23 forth in subparagraph (B) or the requirements of subparagraph 

24 (C). For purposes of determining the more stringent provision, 

25 subclauses (I) and (II) of subparagraph (C)(i) shall be considered 

26 independently. 

27 (B) FORMULA.— 

28 (i) BENZENE.—The benzene content of the reformulated 

29 gasoline shall not exceed 1.0 percent by volume. 

30 (ii) AROMATICS.—The aromatic hydrocarbon content of the 

31 reformulated gasoline shall not exceed 25 percent by volume. 

32 (iii) LEAD.—The reformulated gasoline shall have no lead 

33 content. 

34 (iv) DETERGENTS.—The reformulated gasoline shall con35 tain additives to prevent the accumulation of deposits in en36 gines or vehicle fuel supply systems. 

37 (C) PERFORMANCE STANDARD.— 

38 (i) IN GENERAL.— 

39 (I) VOLATILE ORGANIC COMPOUND EMISSIONS.— 

40 (aa) IN GENERAL.—During the high ozone season 

41 (as defined by the Administrator), the aggregate 


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1 emissions of ozone-forming volatile organic com2 pounds from baseline vehicles when using the refor3 mulated gasoline shall be 25 percent below the ag4 gregate emissions of ozone-forming volatile organic 

5 compounds from baseline vehicles when using base6 line gasoline. 

7 (bb) ADJUSTMENT.—The Administrator may ad8 just the 25 percent requirement under item (aa) to 

9 provide for a lesser or greater reduction based on 

10 technological feasibility, considering the cost of 

11 achieving the reductions in emissions of volatile or12 ganic compounds. No such adjustment shall provide 

13 for less than a 20 percent reduction below the ag14 gregate emissions of volatile organic compounds 

15 from baseline vehicles when using baseline gasoline. 

16 (cc) MASS BASIS.—The reductions required under 

17 this subclause shall be on a mass basis. 

18 (II) TOXIC AIR POLLUTANTS.— 

19 (aa) IN GENERAL.—During the entire year, the 

20 aggregate emissions of toxic air pollutants from 

21 baseline vehicles when using the reformulated gaso22 line shall be 25 percent below the aggregate emis23 sions of toxic air pollutants from baseline vehicles 

24 when using baseline gasoline. 

25 (bb) ADJUSTMENT.—The Administrator may ad26 just the 25 percent requirement under item (aa) to 

27 provide for a lesser or greater reduction based on 

28 technological feasibility, considering the cost of 

29 achieving the reductions in toxic air pollutants. No 

30 such adjustment shall provide for less than a 20 

31 percent reduction below the aggregate emissions of 

32 toxic air pollutants from baseline vehicles when 

33 using baseline gasoline. 

34 (cc) MASS BASIS.—The reductions required under 

35 this subclause shall be on a mass basis. 

36 (ii) TREATMENT OF REDUCTION GREATER THAN A SPE37 CIFIC PERCENTAGE REDUCTION.—Any reduction greater than 

38 a specific percentage reduction required under this subpara39 graph shall be treated as satisfying that percentage reduction 

40 requirement. 

41 (5) CERTIFICATION PROCEDURES.— 


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1 (A) REGULATIONS.—The regulations under this subsection shall 

2 include procedures under which the Administrator shall certify re3 formulated gasoline as complying with the requirements estab4 lished pursuant to this subsection. Under the regulations, the Ad5 ministrator shall establish procedures for any person to petition 

6 the Administrator to certify a fuel formulation or slate of fuel for7 mulations. The procedures shall require that the Administrator 

8 shall approve or deny a petition within 180 days after receipt. If 

9 the Administrator fails to act within the 180-day period, the fuel 

10 shall be deemed to be certified until the Administrator completes 

11 action on the petition. 

12 (B) CERTIFICATION; EQUIVALENCY.—The Administrator shall 

13 certify a fuel formulation or slate of fuel formulations as com14 plying with this subsection if the fuel or fuels— 

15 (i) comply with the requirements of paragraph (3); and 

16 (ii) achieve equivalent or greater reductions in emissions of 

17 ozone-forming volatile organic compounds and emissions of 

18 toxic air pollutants than are achieved by a reformulated gaso19 line meeting the applicable requirements of paragraph (4). 

20 (C) DETERMINATION OF EMISSIONS LEVEL.—The Adminis21 trator shall determine the level of emissions of ozone-forming vola22 tile organic compounds and emissions of toxic air pollutants emit23 ted by baseline vehicles when operating on baseline gasoline. For 

24 purposes of this subsection, the Administrator shall, by regulation, 

25 determine appropriate measures of, and methodology for, 

26 ascertaining the emissions of air pollutants (including calculations, 

27 equipment, and testing tolerances). 

28 (6) PROHIBITIONS.— 

29 (A) SALE OR DISPENSING.—Each of the following shall be a vio30 lation of this subsection: 

31 (i) The sale or dispensing by any person of conventional 

32 gasoline to ultimate consumers in any covered area. 

33 (ii) The sale or dispensing by any refiner, blender, im34 porter, or marketer of conventional gasoline for resale in any 

35 covered area without— 

36 (I) segregating the conventional gasoline from refor37 mulated gasoline; and 

38 (II) clearly marking the conventional gasoline as ‘‘con39 ventional gasoline, not for sale to ultimate consumer in 

40 a covered area’’. 


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1 (B) LABELING, REPRESENTING, OR WHOLESALING CONVEN2 TIONAL GASOLINE AS REFORMULATED GASOLINE.—Any refiner, 

3 blender, importer or marketer that purchases properly segregated 

4 and marked conventional gasoline, and thereafter labels, rep5 resents, or wholesales conventional gasoline as reformulated gaso6 line shall be in violation of this subsection. 

7 (C) SAMPLING, TESTING, AND RECORDKEEPING REQUIRE8 MENTS.—The Administrator may impose sampling, testing, and 

9 recordkeeping requirements on any refiner, blender, importer, or 

10 marketer to prevent violations of this section. 

11 (7) OPT-IN AREAS.— 

12 (A) CLASSIFIED AREAS.— 

13 (i) IN GENERAL.—On the application of the Governor of a 

14 State, the Administrator shall apply the prohibitions set forth 

15 in paragraph (6) in any area in the State classified under 

16 subchapter II of chapter 215 as a marginal area, moderate 

17 area, serious area, or severe area (without regard to whether 

18 or not the 1980 population of the area exceeds 250,000). In 

19 any such case, the Administrator shall establish an effective 

20 date for the prohibitions as the Administrator considers ap21 propriate not later than 1 year after the application is re22 ceived. The Administrator shall publish the application in the 

23 Federal Register on receipt. 

24 (ii) EFFECT OF INSUFFICIENT DOMESTIC CAPACITY TO

25 PRODUCE REFORMULATED GASOLINE.— 

26 (I) IN GENERAL.—If the Administrator determines, on 

27 the Administrator’s own motion or on petition of any 

28 person, after consultation with the Secretary of Energy, 

29 that there is insufficient domestic capacity to produce 

30 gasoline certified under this subsection, the Adminis31 trator, by regulation— 

32 (aa) shall extend the effective date of the prohibi33 tions in marginal areas, moderate areas, serious 

34 areas, or severe areas described in clause (i) for 1 

35 additional year, and 

36 (bb) may renew such an extension for 2 addi37 tional one-year periods. 

38 (II) PRIORITY.— The Administrator shall issue exten39 sions under subclause (I) for areas with a lower ozone 

40 classification before issuing any such extension for areas 

41 with a higher classification. 


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1 (iii) ACTION ON PETITION.—The Administrator shall act on 

2 any petition submitted under this subparagraph within 6 

3 months after receipt of the petition. 

4 (B) OZONE TRANSPORT REGION.— 

5 (i) APPLICATION OF PROHIBITION.— 

6 (I) IN GENERAL.—On application of the Governor of 

7 a State in the ozone transport region established by sec8 tion 215205(a) of this title, the Administrator, not later 

9 than 180 days after the date of receipt of the applica10 tion, shall apply the prohibitions specified in paragraph 

11 (6) to any area in the State (other than an area classi12 fied as a marginal ozone nonattainment area, moderate 

13 ozone nonattainment area, serious ozone nonattainment 

14 area, or severe ozone nonattainment area under sub15 chapter II of chapter 215) unless the Administrator de16 termines under clause (iii) that there is insufficient ca17 pacity to supply reformulated gasoline. 

18 (II) PUBLICATION OF APPLICATION.—As soon as prac19 ticable after the date of receipt of an application under 

20 subclause (I), the Administrator shall publish the appli21 cation in the Federal Register. 

22 (ii) PERIOD OF APPLICABILITY.—Under clause (i), the pro23 hibitions specified in paragraph (6) shall apply in a State— 

24 (I) commencing as soon as practicable but not later 

25 than 2 years after the date of approval by the Adminis26 trator of the application of the Governor of the State; 

27 and 

28 (II) ending not earlier than 4 years after the com29 mencement date determined under subclause (I). 

30 (iii) EXTENSION OF COMMENCEMENT DATE BASED ON IN31 SUFFICIENT CAPACITY.— 

32 (I) IN GENERAL.—If, after receipt of an application 

33 from a Governor of a State under clause (i), the Admin34 istrator determines, on the Administrator’s own motion 

35 or on petition of any person, after consultation with the 

36 Secretary of Energy, that there is insufficient capacity to 

37 supply reformulated gasoline, the Administrator, by reg38 ulation— 

39 (aa) shall extend the commencement date with re40 spect to the State under clause (ii)(I) for not more 

41 than 1 year; and 


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1 (bb) may renew the extension under item (aa) for 

2 2 additional periods, each of which shall not exceed 

3 1 year. 

4 (II) DEADLINE FOR ACTION ON PETITIONS.—The Ad5 ministrator shall act on any petition submitted under 

6 subclause (I) not later than 180 days after the date of 

7 receipt of the petition. 

8 (8) CREDITS.— 

9 (A) IN GENERAL.—The regulations promulgated under this sub10 section shall provide for the granting of an appropriate amount of 

11 credits to a person that refines, blends, or imports and certifies 

12 a gasoline or slate of gasoline that— 

13 (i) has an aromatic hydrocarbon content (by volume) that 

14 is less than the maximum aromatic hydrocarbon content re15 quired to comply with paragraph (4); or 

16 (ii) has a benzene content (by volume) that is less than the 

17 maximum benzene content specified in paragraph (3). 

18 (B) USE.—The regulations described in subparagraph (A) shall 

19 provide that a person that is granted credits may use the credits, 

20 or transfer all or a portion of the credits to another person for 

21 use within the same nonattainment area, for the purpose of com22 plying with this subsection. 

23 (C) ENFORCEMENT.—The regulations promulgated under sub24 paragraphs (A) and (B) shall ensure the enforcement of the re25 quirements for the issuance, application, and transfer of credits. 

26 The regulations shall prohibit the granting or transfer of credits 

27 for use with respect to any gasoline in a nonattainment area, to 

28 the extent that the use of the credits would result in— 

29 (i) an average gasoline aromatic hydrocarbon content (by 

30 volume) for the nonattainment area (taking into account all 

31 gasoline sold for use in conventional gasoline-fueled vehicles 

32 in the nonattainment area) higher than the average fuel aro33 matic hydrocarbon content (by volume) that would occur in 

34 the absence of using any such credits; or 

35 (ii) an average benzene content (by volume) for the non36 attainment area (taking into account all gasoline sold for use 

37 in conventional gasoline-fueled vehicles in the nonattainment 

38 area) higher than the average benzene content (by volume) 

39 that would occur in the absence of using any such credits. 

40 (9) ANTIDUMPING REGULATIONS.— 


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1 (A) IN GENERAL.—The Administrator shall promulgate regula2 tions applicable to each refiner, blender, or importer of gasoline 

3 ensuring that gasoline sold or introduced into commerce by the re4 finer, blender, or importer (other than reformulated gasoline sub5 ject to the requirements of paragraph (2)) does not result in aver6 age per gallon emissions (measured on a mass basis) of— 

7 (i) volatile organic compounds; 

8 (ii) nitrogen oxides; 

9 (iii) carbon monoxide; and 

10 (iv) toxic air pollutants; 

11 in excess of emissions of those pollutants attributable to gasoline 

12 sold or introduced into commerce in calendar year 1990 by that 

13 refiner, blender, or importer. 

14 (B) ADJUSTMENTS.—In evaluating compliance with the require15 ments of subparagraph (A), the Administrator shall make appro16 priate adjustments to ensure that no credit is provided for im17 provement in motor vehicle emission control in motor vehicles sold 

18 after calendar year 1990. 

19 (C) COMPLIANCE DETERMINED FOR EACH POLLUTANT INDE20 PENDENTLY.—In determining whether there is an increase in 

21 emissions in violation of the prohibition contained in subparagraph 

22 (A), the Administrator shall consider an increase in each air pol23 lutant described in clauses (i) through (iv) of subparagraph (A) 

24 as a separate violation of the prohibition, except that the Adminis25 trator shall promulgate regulations to provide that any increase in 

26 emissions of nitrogen oxides resulting from adding oxygenates to 

27 gasoline may be offset by an equivalent or greater reduction (on 

28 a mass basis) in emissions of volatile organic compounds, carbon 

29 monoxide, or toxic air pollutants, or any combination of the fore30 going. 

31 (D) COMPLIANCE PERIOD.—The Administrator shall promulgate 

32 an appropriate compliance period or appropriate compliance peri33 ods to be used for assessing compliance with the prohibition con34 tained in subparagraph (A). 

35 (E) BASELINE FOR DETERMINING COMPLIANCE.—If the Admin36 istrator determines that no adequate and reliable data exist re37 garding the composition of gasoline sold or introduced into com38 merce by a refiner, blender, or importer in calendar year 1990, for 

39 that refiner, blender, or importer, baseline gasoline shall be sub40 stituted for 1990 gasoline in determining compliance with sub41 paragraph (A). 


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1 (10) EMISSIONS FROM ENTIRE VEHICLE.—In applying the require2 ments of this subsection, the Administrator shall take into account 

3 emissions from the entire motor vehicle, including evaporative, running, 

4 refueling, and exhaust emissions. 

5 (l) DETERGENTS.—No person may sell or dispense to an ultimate con6 sumer in the United States, and no refiner or marketer may directly or indi7 rectly sell or dispense to persons that sell or dispense to ultimate consumers 

8 in the United States, any gasoline that does not contain additives to prevent 

9 the accumulation of deposits in engines or fuel supply systems. The Admin10 istrator shall promulgate a regulation establishing specifications for such ad11 ditives. 

12 (m) OXYGENATED FUELS.— 

13 (1) PLAN REVISIONS FOR CARBON MONOXIDE NONATTAINMENT

14 AREAS.— 

15 (A) STATES IN WHICH THERE IS LOCATED ALL OR PART OF AN

16 AREA THAT IS DESIGNATED AS A NONATTAINMENT AREA FOR CAR17 BON MONOXIDE AND THAT HAS A CARBON MONOXIDE DESIGN

18 VALUE OF 9.5 OR MORE PARTS PER MILLION.—The applicable im19 plementation plan of a State in which there is located all or part 

20 of an area that is designated under subdivision 2 as a nonattain21 ment area for carbon monoxide and that has a carbon monoxide 

22 design value of 9.5 or more parts per million based on data for 

23 the 2-year period of 1988 and 1989 and calculated according to 

24 the most recent interpretation methodology issued by the Adminis25 trator prior to November 15, 1990, shall contain for that area the 

26 provisions specified under this subsection regarding oxygenated 

27 gasoline. 

28 (B) STATES IN WHICH THERE IS LOCATED ANY AREA THAT, 

29 FOR ANY 2-YEAR PERIOD AFTER 1989, HAS A CARBON MONOXIDE

30 DESIGN VALUE OF 9.5 OR MORE PARTS PER MILLION.—Each State 

31 in which there is located any area that, for any 2-year period after 

32 1989, has a carbon monoxide design value of 9.5 or more parts 

33 per million shall, within 18 months after that 2-year period, sub34 mit a plan provision that contains the provisions specified under 

35 this subsection regarding oxygenated gasoline. 

36 (2) OXYGENATED GASOLINE IN CARBON MONOXIDE NONATTAINMENT

37 AREAS.— 

38 (A) IN GENERAL.—Each plan provision under this subsection 

39 shall contain provisions to require that any gasoline sold or dis40 pensed to an ultimate consumer in the carbon monoxide nonattain41 ment area or sold or dispensed directly or indirectly by fuel refinVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 ers or marketers to persons that sell or dispense to ultimate con2 sumers, in the larger of— 

3 (i) the Consolidated Metropolitan Statistical Area in which 

4 the area is located; or 

5 (ii) if the area is not located in a Consolidated Metropoli6 tan Statistical Area, the Metropolitan Statistical Area in 

7 which the area is located; 

8 be blended, during the portion of the year in which the area is 

9 prone to high ambient concentrations of carbon monoxide, to con10 tain not less than 2.7 percent oxygen by weight (subject to a test11 ing tolerance established by the Administrator). 

12 (B) PORTION OF YEAR.— 

13 (i) IN GENERAL.—The portion of the year in which the 

14 area is prone to high ambient concentrations of carbon mon15 oxide shall be as determined by the Administrator, but shall 

16 not be less than 4 months. 

17 (ii) REDUCTION.—At the request of a State with respect to 

18 any area designated as nonattainment for carbon monoxide, 

19 the Administrator may reduce the period specified in clause 

20 (i) if the State can demonstrate that because of meteorolog21 ical conditions, a reduced period will ensure that there will be 

22 no exceedances of the carbon monoxide standard outside the 

23 reduced period. 

24 (C) EFFECTIVE DATE.—A plan provision under this subsection 

25 shall provide that the requirement shall take effect not later than 

26 November 1 of the 3d year after the last year of the applicable 

27 2-year period described in paragraph (1) (or at such other date 

28 during the 3d year as the Administrator establishes under sub29 paragraphs (A) and (B)). 

30 (D) IMPLEMENTATION AND ENFORCEMENT.—A plan provision 

31 under this subsection shall include a program for implementation 

32 and enforcement of the requirement consistent with guidance 

33 issued by the Administrator. 

34 (3) WAIVERS.— 

35 (A) PREVENTION OF OR INTERFERENCE WITH ATTAINMENT

36 FOR AIR POLLUTANT OTHER THAN CARBON MONOXIDE.—The Ad37 ministrator shall waive, in whole or in part, the requirements of 

38 paragraph (2) on a demonstration by the State to the satisfaction 

39 of the Administrator that the use of oxygenated gasoline would 

40 prevent or interfere with the attainment by the area of a primary 


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1 NAAQS (or a State or local ambient air quality standard) for any 

2 air pollutant other than carbon monoxide. 

3 (B) NO SIGNIFICANT CONTRIBUTION TO CARBON MONOXIDE

4 LEVELS.—The Administrator shall, on demonstration by the State 

5 satisfactory to the Administrator, waive the requirements of para6 graph (2) where the Administrator determines that mobile sources 

7 of carbon monoxide do not contribute significantly to carbon mon8 oxide levels in an area. 

9 (C) INADEQUATE SUPPLY OR CAPACITY.— 

10 (i) DEFINITION OF DISTRIBUTION CAPACITY.—In this sub11 paragraph, the term ‘‘distribution capacity’’ includes capacity 

12 for transportation, storage, and blending. 

13 (ii) PETITION.—Any person may petition the Administrator 

14 to make a finding that there is, or is likely to be, for any 

15 area, an inadequate domestic supply of, or distribution capac16 ity for, oxygenated gasoline meeting the requirements of para17 graph (2) or fuel additives (oxygenates) necessary to meet 

18 those requirements. The Administrator shall act on such a pe19 tition within 6 months after receipt of the petition. 

20 (iii) DETERMINATION OF INADEQUACY.—If the Adminis21 trator determines, in response to a petition under clause (ii), 

22 that there is an inadequate supply or capacity described in 

23 clause (ii), the Administrator shall delay the effective date of 

24 paragraph (2) for 1 year. On petition, the Administrator may 

25 extend the effective date for 1 additional year. No partial 

26 delay or lesser waiver may be granted under this clause. 

27 (iv) CONSIDERATIONS.—In granting waivers under this 

28 subparagraph, the Administrator shall consider distribution 

29 capacity separately from the adequacy of domestic supply and 

30 shall grant such waivers in such a manner as will ensure that, 

31 if supplies of oxygenated gasoline are limited, areas having 

32 the highest design value for carbon monoxide will have a pri33 ority in obtaining oxygenated gasoline that meets the require34 ments of paragraph (2). 

35 (4) FUEL DISPENSING SYSTEMS.—Any person selling oxygenated 

36 gasoline at retail pursuant to this subsection shall be required under 

37 regulations promulgated by the Administrator to label the fuel dis38 pensing system with a notice that the gasoline is oxygenated and will 

39 reduce the carbon monoxide emissions from the motor vehicle. 

40 (5) GUIDELINES FOR CREDIT.—The Administrator shall promulgate 

41 guidelines allowing the use, during the portion of the year specified in 


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1 paragraph (2), of marketable oxygen credits from gasolines with higher 

2 oxygen content than required to offset the sale or use of gasoline with 

3 a lower oxygen content than is required. No credits may be transferred 

4 between nonattainment areas. 

5 (6) ATTAINMENT AREAS.—Nothing in this subsection shall be inter6 preted as requiring an oxygenated gasoline program in an area that is 

7 in attainment for carbon monoxide, except that in a carbon monoxide 

8 nonattainment area that is redesignated as attainment for carbon mon9 oxide, the requirements of this subsection shall remain in effect to the 

10 extent that the program is necessary to maintain the standard there11 after in the area. 

12 (7) FAILURE TO ATTAIN CARBON MONOXIDE STANDARD.—If the Ad13 ministrator determines under section 215302(b)(2) of this title that the 

14 primary NAAQS for carbon monoxide has not been attained in a seri15 ous area by the applicable attainment date, the State shall submit a 

16 plan provision for the area within 9 months after the date of the deter17 mination. The plan revision shall provide that the minimum oxygen 

18 content of gasoline described in paragraph (2) shall be 3.1 percent by 

19 weight unless the requirement is waived in accordance with this sub20 section. 

21 (n) PROHIBITION OF LEADED GASOLINE FOR HIGHWAY USE.—It shall 

22 be unlawful for any person to sell, offer for sale, supply, offer for supply, 

23 dispense, transport, or introduce into commerce, for use as fuel in any 

24 motor vehicle (as defined in section 221101 of this title) any gasoline that 

25 contains lead or lead additives. 

26 (o) RENEWABLE FUEL PROGRAM.— 

27 (1) DEFINITIONS.—In this subsection: 

28 (A) ADDITIONAL RENEWABLE FUEL.—The term ‘‘additional re29 newable fuel’’ means fuel that is produced from renewable biomass 

30 and that is used to replace or reduce the quantity of fossil fuel 

31 in home heating oil or jet fuel. 

32 (B) ADVANCED BIOFUEL.— 

33 (i) IN GENERAL.—The term ‘‘advanced biofuel’’ means re34 newable fuel, other than ethanol derived from corn starch, 

35 that has lifecycle greenhouse gas emissions, as determined by 

36 the Administrator, after notice and opportunity for comment, 

37 that are at least 50 percent less than baseline lifecycle green38 house gas emissions. 

39 (ii) INCLUSIONS.—The types of fuels eligible for consider40 ation as ‘‘advanced biofuel’’ may include any of the following: 


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1 (I) Ethanol derived from cellulose, hemicellulose, or 

2 lignin. 

3 (II) Ethanol derived from sugar or starch (other than 

4 corn starch). 

5 (III) Ethanol derived from waste material, including 

6 crop residue, other vegetative waste material, animal 

7 waste, food waste, and yard waste. 

8 (IV) Biomass-based diesel. 

9 (V) Biogas (including landfill gas and sewage waste 

10 treatment gas) produced through the conversion of or11 ganic matter from renewable biomass. 

12 (VI) Butanol or other alcohols produced through the 

13 conversion of organic matter from renewable biomass. 

14 (VII) Other fuel derived from cellulosic biomass. 

15 (C) BASELINE LIFECYCLE GREENHOUSE GAS EMISSIONS.—The 

16 term ‘‘baseline lifecycle greenhouse gas emissions’’ means the aver17 age lifecycle greenhouse gas emissions, as determined by the Ad18 ministrator, after notice and opportunity for comment, for gasoline 

19 or diesel (whichever is being replaced by the renewable fuel) sold 

20 or distributed as transportation fuel in 2005. 

21 (D) BIOMASS-BASED DIESEL.— 

22 (i) IN GENERAL.—The term ‘‘biomass-based diesel’’ means 

23 renewable fuel that is biodiesel as defined in section 312(f) 

24 of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)) and 

25 that has lifecycle greenhouse gas emissions, as determined by 

26 the Administrator, after notice and opportunity for comment, 

27 that are at least 50 percent less than the baseline lifecycle 

28 greenhouse gas emissions. 

29 (ii) RENEWABLE FUEL DERIVED FROM COPROCESSING BIO30 MASS WITH A PETROLEUM FEEDSTOCK.—Notwithstanding 

31 clause (i), renewable fuel derived from coprocessing biomass 

32 with a petroleum feedstock shall be advanced biofuel if it 

33 meets the requirements of subparagraph (B) but is not bio34 mass-based diesel. 

35 (E) CELLULOSIC BIOFUEL.—The term ‘‘cellulosic biofuel’’ 

36 means renewable fuel derived from any cellulose, hemicellulose, or 

37 lignin that is derived from renewable biomass and that has 

38 lifecycle greenhouse gas emissions, as determined by the Adminis39 trator, that are at least 60 percent less than the baseline lifecycle 

40 greenhouse gas emissions. 


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1 (F) CONVENTIONAL BIOFUEL.—The term ‘‘conventional 

2 biofuel’’ means renewable fuel that is ethanol derived from corn 

3 starch. 

4 (G) GREENHOUSE GAS.— 

5 (i) IN GENERAL.—The term ‘‘greenhouse gas’’ means car6 bon dioxide, hydrofluorocarbons, methane, nitrous oxide, 

7 perfluorocarbons, and sulfur hexafluoride. 

8 (ii) INCLUSION OF OTHER ANTHROPOGENICALLY-EMITTED

9 GASES.—The term ‘‘greenhouse gas’’ includes any other 

10 anthropogenically-emitted gas that is determined by the Ad11 ministrator, after notice and comment, to contribute to global 

12 warming. 

13 (H) LIFECYCLE GREENHOUSE GAS EMISSIONS.—The term 

14 ‘‘lifecycle greenhouse gas emissions’’ means the aggregate quantity 

15 of greenhouse gas emissions (including direct emissions and sig16 nificant indirect emissions such as significant emissions from land 

17 use changes), as determined by the Administrator, related to the 

18 full fuel lifecycle, including all stages of fuel and feedstock produc19 tion and distribution, from feedstock generation or extraction 

20 through the distribution and delivery and use of the finished fuel 

21 to the ultimate consumer, where the mass values for all green22 house gases are adjusted to account for their relative global warm23 ing potential. 

24 (I) RENEWABLE BIOMASS.—The term ‘‘renewable biomass’’ 

25 means— 

26 (i) planted crops and crop residue harvested from agricul27 tural land cleared or cultivated at any time before December 

28 19, 2007, that is— 

29 (I) actively managed or fallow; and 

30 (II) nonforested; 

31 (ii) planted trees and tree residue from actively managed 

32 tree plantations on non-Federal land cleared at any time be33 fore December 19, 2007, including land belonging to an In34 dian tribe or an Indian individual, that is held in trust by the 

35 United States or subject to a restriction against alienation 

36 imposed by the United States; 

37 (iii) animal waste material and animal byproducts; 

38 (iv) slash and precommercial thinnings that are from non39 Federal forestland, including forestland belonging to an In40 dian tribe or an Indian individual that is held in trust by the 


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1 United States or is subject to a restriction against alienation 

2 imposed by the United States, but not including— 

3 (I) a forest or forestland that is an ecological commu4 nity with a global or State ranking of critically imperiled, 

5 imperiled, or rare pursuant to a State natural heritage 

6 program; 

7 (II) an old growth forest; or 

8 (III) a late successional forest; 

9 (v) biomass obtained from the immediate vicinity of build10 ings and other areas regularly occupied by people, or of public 

11 infrastructure, at risk from wildfire; 

12 (vi) algae; and 

13 (vii) separated yard waste or food waste, including recycled 

14 cooking grease and trap grease. 

15 (J) RENEWABLE FUEL.—The term ‘‘renewable fuel’’ means fuel 

16 that is produced from renewable biomass and that is used to re17 place or reduce the quantity of fossil fuel in a transportation fuel. 

18 (K) SMALL REFINERY.—The term ‘‘small refinery’’ means a re19 finery for which the average aggregate daily crude oil throughput 

20 for a calendar year (as determined by dividing the aggregate 

21 throughput for the calendar year by the number of days in the cal22 endar year) does not exceed 75,000 barrels. 

23 (L) TRANSPORTATION FUEL.—The term ‘‘transportation fuel’’ 

24 means fuel for use in motor vehicles, motor vehicle engines, 

25 nonroad vehicles, or nonroad engines (except for oceangoing ves26 sels). 

27 (2) RENEWABLE FUEL PROGRAM.— 

28 (A) REGULATIONS.— 

29 (i) IN GENERAL.— 

30 (I) GASOLINE.—The Administrator shall promulgate 

31 regulations to ensure that gasoline sold or introduced 

32 into commerce in the contiguous States, on an annual 

33 average basis, contains the applicable volume of renew34 able fuel determined in accordance with subparagraph 

35 (B). 

36 (II) TRANSPORTATION FUEL.—The regulations shall 

37 ensure that transportation fuel sold or introduced into 

38 commerce in the contiguous States, on an annual aver39 age basis— 

40 (aa) contains at least the applicable volume of re41 newable fuel, advanced biofuel, cellulosic biofuel, 


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1 and biomass-based diesel, determined in accordance 

2 with subparagraph (B); and 

3 (bb) in the case of any such renewable fuel pro4 duced from new facilities that commence construc5 tion after December 19, 2007, achieves at least a 20 

6 percent reduction in lifecycle greenhouse gas emis7 sions compared with baseline lifecycle greenhouse 

8 gas emissions. 

9 (ii) NONCONTIGUOUS STATE OPT-IN.— 

10 (I) IN GENERAL.—On the petition of a noncontiguous 

11 State or territory, the Administrator may allow the re12 newable fuel program established under this subsection 

13 to apply in the noncontiguous State or territory at the 

14 same time or any time after the Administrator promul15 gates regulations under clause (i). 

16 (II) OTHER ACTIONS.—In carrying out this clause, the 

17 Administrator may— 

18 (aa) promulgate or revise regulations under this 

19 paragraph; 

20 (bb) establish applicable percentages under para21 graph (3); 

22 (cc) provide for the generation of credits under 

23 paragraph (5); and 

24 (dd) take such other actions as are necessary to 

25 allow for the application of the renewable fuels pro26 gram in a noncontiguous State or territory. 

27 (iii) PROVISIONS OF REGULATIONS.—Regardless of the 

28 date of promulgation, the regulations promulgated under 

29 clause (i)— 

30 (I) shall contain compliance provisions applicable to 

31 refineries, blenders, distributors, and importers, as ap32 propriate, to ensure that the requirements of this para33 graph are met; but 

34 (II) shall not— 

35 (aa) restrict geographic areas in which renewable 

36 fuel may be used; or 

37 (bb) impose any per-gallon obligation for the use 

38 of renewable fuel. 

39 (B) APPLICABLE VOLUME.— 

40 (i) SPECIFIED CALENDAR YEARS.— 


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1 (I) RENEWABLE FUEL.—For the purpose of subpara2 graph (A), the applicable volume of renewable fuel for 

3 calendar years 2009 to 2022 specified in the following 

4 table shall be determined in accordance with the fol5 lowing table: 

Calendar year: 

Applicable 

volume of 

renewable 

fuel 

(in billions of 

gallons): 

2009 ................................................................................................................. 11.10

2010 ................................................................................................................. 12.95

2011 ................................................................................................................. 13.95

2012 ................................................................................................................. 15.20

2013 ................................................................................................................. 16.55

2014 ................................................................................................................. 18.15

2015 ................................................................................................................. 20.50

2016 ................................................................................................................. 22.25

2017 ................................................................................................................. 24.00

2018 ................................................................................................................. 26.00

2019 ................................................................................................................. 28.00

2020 ................................................................................................................. 30.00

2021 ................................................................................................................. 33.00

2022 ................................................................................................................. 36.00. 

6 (II) ADVANCED BIOFUEL.—For the purpose of sub7 paragraph (A), of the volume of renewable fuel required 

8 under subclause (I), the applicable volume of advanced 

9 biofuel for calendar years 2009 to 2022 shall be deter10 mined in accordance with the following table: 

Calendar year: 

Applicable 

volume of 

advanced 

biofuel 

(in billions of 

gallons): 

2009 ................................................................................................................. 0.60

2010 ................................................................................................................. 0.95

2011 ................................................................................................................. 1.35

2012 ................................................................................................................. 2.00

2013 ................................................................................................................. 2.75

2014 ................................................................................................................. 3.75

2015 ................................................................................................................. 5.50

2016 ................................................................................................................. 7.25

2017 ................................................................................................................. 9.00

2018 ................................................................................................................. 11.00

2019 ................................................................................................................. 13.00

2020 ................................................................................................................. 15.00

2021 ................................................................................................................. 18.00

2022 ................................................................................................................. 21.00. 

11 (III) CELLULOSIC BIOFUEL.—For the purpose of sub12 paragraph (A), of the volume of advanced biofuel re13 quired under subclause (II), the applicable volume of cel14 lulosic biofuel for calendar years 2010 to 2022 shall be 

15 determined in accordance with the following table: 

Calendar year: 

Applicable 

volume of 

cellulosic 

biofuel 

(in billions of 

gallons): 

2010 ................................................................................................................. 0.10

2011 ................................................................................................................. 0.25

2012 ................................................................................................................. 0.50


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Calendar year: 

Applicable 

volume of 

cellulosic 

biofuel 

(in billions of 

gallons): 

2013 ................................................................................................................. 1.00

2014 ................................................................................................................. 1.75

2015 ................................................................................................................. 3.00

2016 ................................................................................................................. 4.25

2017 ................................................................................................................. 5.50

2018 ................................................................................................................. 7.00

2019 ................................................................................................................. 8.50

2020 ................................................................................................................. 10.50

2021 ................................................................................................................. 13.50

2022 ................................................................................................................. 16.00. 

1 (IV) BIOMASS-BASED DIESEL.—For the purpose of 

2 subparagraph (A), of the volume of advanced biofuel re3 quired under subclause (II), the applicable volume of bio4 mass-based diesel for calendar years 2009 to 2012 shall 

5 be determined in accordance with the following table: 

Calendar year: 

Applicable 

volume of 

biomassbased diesel 

(in billions of 

gallons): 

2009 ................................................................................................................. 0.50

2010 ................................................................................................................. 0.65

2011 ................................................................................................................. 0.80

2012 ................................................................................................................. 1.00. 

6 (ii) OTHER CALENDAR YEARS.— 

7 (I) IN GENERAL.—For the purposes of subparagraph 

8 (A), the applicable volumes of each fuel specified in the 

9 tables in clause (i) for calendar years after the calendar 

10 years specified in the tables shall be determined by the 

11 Administrator, in coordination with the Secretary of En12 ergy and the Secretary of Agriculture, based on a review 

13 of the implementation of the program during calendar 

14 years specified in the tables, and an analysis of— 

15 (aa) the impact of the production and use of re16 newable fuels on the environment, including on air 

17 quality, climate change, conversion of wetland, eco18 systems, wildlife habitat, water quality, and water 

19 supply; 

20 (bb) the impact of renewable fuels on the energy 

21 security of the United States; 

22 (cc) the expected annual rate of future commer23 cial production of renewable fuels, including ad24 vanced biofuels in each category (cellulosic biofuel 

25 and biomass-based diesel); 

26 (dd) the impact of renewable fuels on the infra27 structure of the United States, including deliverVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 ability of materials, goods, and products other than 

2 renewable fuel, and the sufficiency of infrastructure 

3 to deliver and use renewable fuel; 

4 (ee) the impact of the use of renewable fuels on 

5 the cost to consumers of transportation fuel and on 

6 the cost to transport goods; and 

7 (ff) the impact of the use of renewable fuels on 

8 other factors, including job creation, the price and 

9 supply of agricultural commodities, rural economic 

10 development, and food prices. 

11 (II) REGULATIONS.—The Administrator shall promul12 gate regulations establishing the applicable volumes 

13 under subclause (I) not later than 14 months before the 

14 1st year for which the applicable volume applies. 

15 (iii) APPLICABLE VOLUME OF ADVANCED BIOFUEL.—For 

16 the purpose of making the determinations under clause (ii), 

17 for each calendar year, the applicable volume of advanced 

18 biofuel shall be at least the same percentage of the applicable 

19 volume of renewable fuel as for calendar year 2022. 

20 (iv) APPLICABLE VOLUME OF CELLULOSIC BIOFUEL.—For 

21 the purpose of making the determinations under clause (ii), 

22 for each calendar year, the applicable volume of cellulosic 

23 biofuel established by the Administrator shall be based on the 

24 assumption that the Administrator will not need to issue a 

25 waiver for those years under paragraph (7)(D). 

26 (v) MINIMUM APPLICABLE VOLUME OF BIOMASS-BASED

27 DIESEL.—For the purpose of making the determinations 

28 under clause (ii), the applicable volume of biomass-based die29 sel shall be not less than the applicable volume listed in 

30 clause (i)(IV) for calendar year 2012. 

31 (3) APPLICABLE PERCENTAGES.— 

32 (A) PROVISION OF ESTIMATE OF VOLUMES OF GASOLINE

33 SALES.—Not later than October 31 of each of calendar years 2009 

34 to 2021, the Administrator of the Energy Information Administra35 tion shall provide to the Administrator an estimate, with respect 

36 to the following calendar year, of the volumes of transportation 

37 fuel, biomass-based diesel, and cellulosic biofuel projected to be 

38 sold or introduced into commerce. 

39 (B) DETERMINATION OF APPLICABLE PERCENTAGES.— 

40 (i) IN GENERAL.—Not later than November 30 of each of 

41 calendar years 2009 to 2021, based on the estimate provided 


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1 under subparagraph (A), the Administrator shall determine 

2 and publish in the Federal Register, with respect to the fol3 lowing calendar year, the renewable fuel obligation that en4 sures that the requirements of paragraph (2) are met. 

5 (ii) REQUIRED ELEMENTS.—The renewable fuel obligation 

6 determined for a calendar year under clause (i) shall— 

7 (I) be applicable to refineries, blenders, and importers, 

8 as appropriate; 

9 (II) be expressed in terms of a volume percentage of 

10 transportation fuel sold or introduced into commerce; 

11 and 

12 (III) subject to subparagraph (C)(i), consist of a sin13 gle applicable percentage that applies to all categories of 

14 persons specified in subclause (I). 

15 (C) ADJUSTMENTS.—In determining the applicable percentage 

16 for a calendar year, the Administrator shall make adjustments— 

17 (i) to prevent the imposition of redundant obligations on 

18 any person specified in subparagraph (B)(ii)(I); and 

19 (ii) to account for the use of renewable fuel during the pre20 vious calendar year by small refineries that are exempt under 

21 paragraph (8). 

22 (4) MODIFICATION OF GREENHOUSE GAS REDUCTION PERCENT23 AGES.— 

24 (A) IN GENERAL.—The Administrator may, in the regulations 

25 under paragraph (2)(A)(i)(II), adjust the 20 percent, 50 percent, 

26 and 60 percent reductions in lifecycle greenhouse gas emissions 

27 specified in paragraphs (2)(A)(i) (relating to renewable fuel), 

28 (1)(D) (relating to biomass-based diesel), (1)(B)(i) (relating to ad29 vanced biofuel), and (1)(E) (relating to cellulosic biofuel) to a 

30 lower percentage. For the 50 and 60 percent reductions, the Ad31 ministrator may make such an adjustment only if the Adminis32 trator determines that generally such a reduction is not commer33 cially feasible for fuels made using a variety of feedstocks, tech34 nologies, and processes to meet the applicable reduction. 

35 (B) AMOUNT OF ADJUSTMENT.—In promulgating regulations 

36 under this paragraph, the Administrator shall not— 

37 (i) reduce to below 40 percent the specified 50 percent re38 duction in greenhouse gas emissions from advanced biofuel 

39 and in biomass-based diesel; 

40 (ii) reduce to below 10 percent the specified 20 percent re41 duction in greenhouse gas emissions from renewable fuel; or 


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1 (iii) reduce to below 50 percent the specified 60 percent re2 duction in greenhouse gas emissions from cellulosic biofuel. 

3 (C) ADJUSTED REDUCTION LEVELS.—An adjustment under this 

4 paragraph to a percentage less than the specified 20 percent 

5 greenhouse gas reduction for renewable fuel shall be the minimum 

6 possible adjustment, and the adjusted greenhouse gas reduction 

7 shall be established by the Administrator at the maximum achiev8 able level, taking cost into consideration, for natural gas fired 

9 corn-based ethanol plants, allowing for the use of a variety of tech10 nologies and processes. An adjustment in the 50 or 60 percent 

11 greenhouse gas levels shall be the minimum possible adjustment 

12 for the fuel or fuels concerned, and the adjusted greenhouse gas 

13 reduction shall be established at the maximum achievable level, 

14 taking cost into consideration, allowing for the use of a variety of 

15 feedstocks, technologies, and processes. 

16 (D) 5-YEAR REVIEW.—When the Administrator makes any ad17 justment under this paragraph, not later than 5 years thereafter 

18 the Administrator shall review and revise (based on the same cri19 teria and standards as are required for the initial adjustment) the 

20 regulations establishing the adjusted level. 

21 (E) SUBSEQUENT ADJUSTMENTS.—After the Administrator pro22 mulgates a regulation under paragraph (2)(A)(i)(II) with respect 

23 to the method of determining lifecycle greenhouse gas emissions, 

24 except as provided in subparagraph (D), the Administrator shall 

25 not adjust the percentage greenhouse gas reduction levels unless 

26 the Administrator determines that there has been a significant 

27 change in the analytical methodology used for determining the 

28 lifecycle greenhouse gas emissions. If the Administrator makes 

29 such a determination, the Administrator may adjust the 20, 50, 

30 or 60 percent reduction levels through rulemaking using the cri31 teria and standards set forth in this paragraph. 

32 (F) LIMIT ON UPWARD ADJUSTMENTS.—If, under subparagraph 

33 (D) or (E), the Administrator revises a percentage level adjusted 

34 as provided in subparagraphs (A), (B), and (C) to a higher per35 centage, the higher percentage shall not exceed the applicable per36 cent specified in paragraph (2)(A)(i), (1)(D), (1)(B)(i), or (1)(E). 

37 (G) APPLICABILITY OF ADJUSTMENTS.—If the Administrator 

38 adjusts or revises a percentage level described in this paragraph 

39 or makes a change in the analytical methodology used for deter40 mining the lifecycle greenhouse gas emissions, the adjustment, re41 vision, or change (or any combination thereof) shall apply only to 


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1 renewable fuel from new facilities that commence construction 

2 after the effective date of the adjustment, revision, or change. 

3 (5) CREDIT PROGRAM.— 

4 (A) IN GENERAL.—The regulations promulgated under para5 graph (2)(A) shall provide— 

6 (i) for the generation of an appropriate amount of credits 

7 by any person that refines, blends, or imports gasoline that 

8 contains a quantity of renewable fuel that is greater than the 

9 quantity required under paragraph (2); 

10 (ii) for the generation of an appropriate amount of credits 

11 for biodiesel; and 

12 (iii) for the generation of credits by small refineries in ac13 cordance with paragraph (8)(C). 

14 (B) USE OF CREDITS.—A person that generates credits under 

15 subparagraph (A) may use the credits, or transfer all or a portion 

16 of the credits to another person, for the purpose of complying with 

17 paragraph (2). 

18 (C) DURATION OF CREDITS.—A credit generated under this 

19 paragraph shall be valid to show compliance for the 12 months as 

20 of the date of generation. 

21 (D) INABILITY TO GENERATE OR PURCHASE SUFFICIENT CRED22 ITS.—The regulations promulgated under paragraph (2)(A) shall 

23 include provisions allowing any person that is unable to generate 

24 or purchase sufficient credits to meet the requirements of para25 graph (2) to carry forward a renewable fuel deficit on condition 

26 that the person, in the calendar year following the year in which 

27 the renewable fuel deficit is created— 

28 (i) achieves compliance with the renewable fuel requirement 

29 under paragraph (2); and 

30 (ii) generates or purchases additional renewable fuel credits 

31 to offset the renewable fuel deficit of the previous year. 

32 (E) CREDITS FOR ADDITIONAL RENEWABLE FUEL.—The Ad33 ministrator may issue regulations providing for— 

34 (i) the generation of an appropriate amount of credits by 

35 any person that refines, blends, or imports additional renew36 able fuels specified by the Administrator; and 

37 (ii) the use of such credits by the generator, or the transfer 

38 of all or a portion of the credits to another person, for the 

39 purpose of complying with paragraph (2). 

40 (6) SEASONAL VARIATIONS IN RENEWABLE FUEL USE.— 


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1 (A) STUDY.—For each of calendar years 2006 to 2012, the Ad2 ministrator of the Energy Information Administration shall con3 duct a study of renewable fuel blending to determine whether 

4 there are excessive seasonal variations in the use of renewable fuel. 

5 (B) REGULATION OF EXCESSIVE SEASONAL VARIATIONS.—If, 

6 for any calendar year, the Administrator of the Energy Informa7 tion Administration, based on the study under subparagraph (A), 

8 makes the determinations specified in subparagraph (C), the Ad9 ministrator of EPA shall promulgate regulations to ensure that 25 

10 percent or more of the quantity of renewable fuel necessary to 

11 meet the requirements of paragraph (2) is used during each of the 

12 2 periods specified in subparagraph (D) of each subsequent cal13 endar year. 

14 (C) DETERMINATIONS.—The determinations referred to in sub15 paragraph (B) are that— 

16 (i) less than 25 percent of the quantity of renewable fuel 

17 necessary to meet the requirements of paragraph (2) has been 

18 used during 1 of the 2 periods specified in subparagraph (D) 

19 of the calendar year; 

20 (ii) a pattern of excessive seasonal variation described in 

21 clause (i) will continue in subsequent calendar years; and 

22 (iii) promulgating regulations or other requirements to im23 pose a 25 percent or more seasonal use of renewable fuels will 

24 not prevent or interfere with the attainment of NAAQSes or 

25 significantly increase the price of motor fuels to the con26 sumer. 

27 (D) PERIODS.—The 2 periods referred to in this paragraph 

28 are— 

29 (i) April to September; and 

30 (ii) January to March and October to December. 

31 (E) EXCLUSION.—Renewable fuel blended or consumed in cal32 endar year 2006 in a State that has received a waiver under sec33 tion 221109(b) of this title shall not be included in the study 

34 under subparagraph (A). 

35 (F) STATE EXEMPTION FROM SEASONALITY REQUIREMENTS.— 

36 Notwithstanding any other provision of law, the seasonality re37 quirement relating to renewable fuel use established by this para38 graph shall not apply to any State that has received a waiver 

39 under section 221109(b) of this title or any State dependent on 

40 refineries in that State for gasoline supplies. 

41 (7) WAIVERS.— 


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1 (A) IN GENERAL.—On petition by 1 or more States, by any per2 son subject to the requirements of this subsection, or by the Ad3 ministrator on the Administrator’s own motion, the Administrator, 

4 in consultation with the Secretary of Agriculture and the Sec5 retary of Energy, may waive the requirements of paragraph (2) in 

6 whole or in part by reducing the national quantity of renewable 

7 fuel required under paragraph (2) based on a determination by the 

8 Administrator, after public notice and opportunity for comment, 

9 that— 

10 (i) implementation of the requirement would severely harm 

11 the economy or environment of a State, a region, or the 

12 United States; or 

13 (ii) there is an inadequate domestic supply. 

14 (B) PETITIONS FOR WAIVERS.—The Administrator, in consulta15 tion with the Secretary of Agriculture and the Secretary of En16 ergy, shall approve or disapprove a petition for a waiver of the re17 quirements of paragraph (2) within 90 days after the date on 

18 which the petition is received by the Administrator. 

19 (C) TERMINATION OF WAIVERS.—A waiver granted under sub20 paragraph (A) shall terminate after 1 year, but may be renewed 

21 by the Administrator after consultation with the Secretary of Agri22 culture and the Secretary of Energy. 

23 (D) CELLULOSIC BIOFUEL.— 

24 (i) PROJECTED VOLUME LESS THAN THE MINIMUM APPLI25 CABLE VOLUME.— 

26 (I) REDUCTION OF APPLICABLE VOLUME.—For any 

27 calendar year for which the projected volume of cellulosic 

28 biofuel production is less than the minimum applicable 

29 volume established under paragraph (2)(B), as deter30 mined by the Administrator based on the estimate pro31 vided under paragraph (3)(A), not later than November 

32 30 of the preceding calendar year, the Administrator 

33 shall reduce the applicable volume of cellulosic biofuel re34 quired under paragraph (2)(B) to the projected volume 

35 available during that calendar year. 

36 (II) RENEWABLE FUEL AND ADVANCED BIOFUELS.— 

37 For any calendar year for which the Administrator 

38 makes a reduction under subclause (I), the Adminis39 trator may also reduce the applicable volume of renew40 able fuel and advanced biofuels requirement established 

41 under paragraph (2)(B) by the same or a lesser volume. 


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1 (ii) CREDITS.— 

2 (I) IN GENERAL.— When the Administrator reduces 

3 the minimum cellulosic biofuel volume under this sub4 paragraph, the Administrator shall make available for 

5 sale cellulosic biofuel credits at the higher of $0.25 per 

6 gallon or the amount by which $3.00 per gallon exceeds 

7 the average wholesale price of a gallon of gasoline in the 

8 United States. 

9 (II) ADJUSTMENT FOR INFLATION.—The Adminis10 trator shall adjust the amounts in subclause (I) for infla11 tion for years after 2008. 

12 (iii) REGULATIONS.— 

13 (I) IN GENERAL.—The Administrator shall promulgate 

14 regulations to govern the issuance of credits under this 

15 subparagraph. 

16 (II) PRICE OF CREDITS.—The regulations shall set 

17 forth the method for determining the exact price of cred18 its in the event of a waiver. The price of such credits 

19 shall not be changed more frequently than once each 

20 quarter. 

21 (III) MARKET LIQUIDITY AND TRANSPARENCY; CER22 TAINTY; LIMITATION OF MISUSE; OTHER PURPOSES.— 

23 The regulations shall include— 

24 (aa) such provisions, including limiting the uses 

25 and useful life of credits, as the Administrator con26 siders appropriate to— 

27 (AA) assist market liquidity and trans28 parency; 

29 (BB) provide appropriate certainty for regu30 lated entities and renewable fuel producers; 

31 and 

32 (CC) limit any potential misuse of cellulosic 

33 biofuel credits to reduce the use of other re34 newable fuels; and 

35 (bb) provisions for such other purposes as the 

36 Administrator determines will help achieve the goals 

37 of this subsection. 

38 (IV) NUMBER OF CREDITS.—The regulations shall 

39 limit the number of cellulosic biofuel credits for any cal40 endar year to the minimum applicable volume (as reVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 duced under this subparagraph) of cellulosic biofuel for 

2 that year. 

3 (E) BIOMASS-BASED DIESEL.— 

4 (i) MARKET EVALUATION.—The Administrator, in con5 sultation with the Secretary of Energy and the Secretary of 

6 Agriculture, shall periodically evaluate the impact of the bio7 mass-based diesel requirements established under this para8 graph on the price of diesel fuel. 

9 (ii) WAIVER.— 

10 (I) REDUCTION OF REQUIRED QUANTITY.—If the Ad11 ministrator determines that there is a significant renew12 able feedstock disruption or other market circumstances 

13 that would make the price of biomass-based diesel fuel 

14 increase significantly, the Administrator, in consultation 

15 with the Secretary of Energy and the Secretary of Agri16 culture, shall issue an order to reduce, for up to a 60- 

17 day period, the quantity of biomass-based diesel required 

18 under subparagraph (A) by an appropriate quantity that 

19 does not exceed 15 percent of the applicable annual re20 quirement for biomass-based diesel. 

21 (II) RENEWABLE FUEL AND ADVANCED BIOFUELS.— 

22 For any calendar year for which the Administrator 

23 makes a reduction under subclause (I), the Adminis24 trator may also reduce the applicable volume of renew25 able fuel and advanced biofuels requirement established 

26 under paragraph (2)(B) by the same or a lesser volume. 

27 (iii) EXTENSIONS.—If the Administrator determines that 

28 the feedstock disruption or circumstances described in clause 

29 (ii) is continuing beyond the 60-day period described in clause 

30 (ii) or this clause, the Administrator, in consultation with the 

31 Secretary of Energy and the Secretary of Agriculture, may 

32 issue an order to reduce, for up to an additional 60-day pe33 riod, the quantity of biomass-based diesel required under sub34 paragraph (A) by an appropriate quantity that does not ex35 ceed an additional 15 percent of the applicable annual re36 quirement for biomass-based diesel. 

37 (F) MODIFICATION OF APPLICABLE VOLUMES.— 

38 (i) IN GENERAL.—For any of the tables in paragraph 

39 (2)(B), if the Administrator waives— 


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1 (I) at least 20 percent of the applicable volume re2 quirement set forth in any such table for 2 consecutive 

3 years; or 

4 (II) at least 50 percent of such volume requirement 

5 for a single year; 

6 the Administrator shall promulgate a regulation (within 1 

7 year after issuing the waiver) that modifies the applicable vol8 umes set forth in the table for all years following the final 

9 year to which the waiver applies, except that no such modi10 fication in applicable volumes shall be made for any year be11 fore 2016. 

12 (ii) PROCESSES, CRITERIA, AND STANDARDS.—In promul13 gating a regulation under clause (i), the Administrator shall 

14 comply with the processes, criteria, and standards set forth 

15 in paragraph (2)(B)(ii). 

16 (8) SMALL REFINERIES.— 

17 (A) TEMPORARY EXEMPTION.— 

18 (i) IN GENERAL.—The requirements of paragraph (2) shall 

19 not apply to small refineries until calendar year 2011. 

20 (ii) EXTENSION OF EXEMPTION.— 

21 (I) STUDY BY SECRETARY OF ENERGY.—Not later 

22 than December 31, 2008, the Secretary of Energy shall 

23 conduct for the Administrator a study to determine 

24 whether compliance with the requirements of paragraph 

25 (2) would impose a disproportionate economic hardship 

26 on small refineries. 

27 (II) EXTENSION OF EXEMPTION.—In the case of a 

28 small refinery that the Secretary of Energy determines 

29 under subclause (I) would be subject to a dispropor30 tionate economic hardship if required to comply with 

31 paragraph (2), the Administrator shall extend the ex32 emption under clause (i) for the small refinery for a pe33 riod of not less than 2 additional years. 

34 (B) PETITIONS BASED ON DISPROPORTIONATE ECONOMIC

35 HARDSHIP.— 

36 (i) EXTENSION OF EXEMPTION.—A small refinery may at 

37 any time petition the Administrator for an extension of the 

38 exemption under subparagraph (A) for the reason of dis39 proportionate economic hardship. 

40 (ii) EVALUATION OF PETITIONS.—In evaluating a petition 

41 under clause (i), the Administrator, in consultation with the 


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1 Secretary of Energy, shall consider the findings of the study 

2 under subparagraph (A)(ii) and other economic factors. 

3 (iii) DEADLINE FOR ACTION ON PETITIONS.—The Adminis4 trator shall act on any petition submitted by a small refinery 

5 for a hardship exemption not later than 90 days after the 

6 date of receipt of the petition. 

7 (C) CREDIT PROGRAM.—If a small refinery notifies the Admin8 istrator that the small refinery waives the exemption under sub9 paragraph (A), the regulations promulgated under paragraph 

10 (2)(A) shall provide for the generation of credits by the small re11 finery under paragraph (5) beginning in the calendar year fol12 lowing the date of notification. 

13 (D) OPT-IN FOR SMALL REFINERIES.—A small refinery shall be 

14 subject to the requirements of paragraph (2) if the small refinery 

15 notifies the Administrator that the small refinery waives the ex16 emption under subparagraph (A). 

17 (9) ETHANOL MARKET CONCENTRATION ANALYSIS.— 

18 (A) ANALYSIS.— 

19 (i) IN GENERAL.—The Federal Trade Commission shall an20 nually perform a market concentration analysis of the ethanol 

21 production industry using the Herfindahl-Hirschman Index to 

22 determine whether there is sufficient competition among in23 dustry participants to avoid price-setting and other anti24 competitive behavior. 

25 (ii) SCORING.—For the purpose of scoring under clause (i) 

26 using the Herfindahl-Hirschman Index, all marketing ar27 rangements among industry participants shall be considered. 

28 (B) REPORT.—The Federal Trade Commission shall annually 

29 submit to Congress and the Administrator a report on the results 

30 of the market concentration analysis performed under subpara31 graph (A)(i). 

32 (10) PERIODIC REVIEWS.—To allow for the appropriate adjustment 

33 of the requirements described in subparagraph (B) of paragraph (2), 

34 the Administrator shall conduct periodic reviews of— 

35 (A) existing technologies; 

36 (B) the feasibility of achieving compliance with the require37 ments; and 

38 (C) the impacts of the requirements described in subsection 

39 (a)(2) on each individual and entity described in paragraph (2). 

40 (11) EFFECT ON OTHER PROVISIONS.— 


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1 (A) IN GENERAL.—Nothing in this subsection (including regula2 tions under this subsection) shall affect or be construed to— 

3 (i) affect the regulatory status of carbon dioxide or any 

4 other greenhouse gas; or 

5 (ii) expand or limit regulatory authority regarding carbon 

6 dioxide or any other greenhouse gas for purposes of other 

7 provisions of this chapter. 

8 (B) NO EFFECT ON IMPLEMENTATION OR ENFORCEMENT.— 

9 Subparagraph (A) shall not affect implementation and enforce10 ment of this subsection. 

11 (12) ENVIRONMENTAL AND RESOURCE CONSERVATION IMPACTS.— 

12 (A) IN GENERAL.—Every 3 years the Administrator, in con13 sultation with the Secretary of Agriculture and the Secretary of 

14 Energy, shall assess and submit to Congress a report on the im15 pacts to date and likely future impacts of the requirements of this 

16 subsection on— 

17 (i) environmental issues, including air quality, effects on 

18 hypoxia, pesticides, sediment, nutrient and pathogen levels in 

19 bodies of water, acreage and function of bodies of water, and 

20 soil environmental quality; 

21 (ii) resource conservation issues, including soil conserva22 tion, water availability, and ecosystem health and biodiversity, 

23 including impacts on forests, grassland, and wetland; and 

24 (iii) the growth and use of cultivated invasive or noxious 

25 plants and their impacts on the environment and agriculture. 

26 (B) VIEWS OF OTHERS.—Before preparing a report under sub27 paragraph (A), the Administrator may seek the views of the Na28 tional Academy of Sciences or another appropriate independent re29 search institute. 

30 (C) CONTENTS.—A report under subparagraph (A) shall— 

31 (i) disclose the annual volume of imported renewable fuels 

32 and feedstocks for renewable fuels; 

33 (ii) describe the environmental impacts outside the United 

34 States of producing renewable fuels and feedstocks for renew35 able fuels; and 

36 (iii) include recommendations for actions to address any 

37 adverse impacts found. 

38 (p) ANALYSES OF MOTOR VEHICLE FUEL CHANGES AND EMISSIONS

39 MODEL.— 

40 (1) ANTIBACKSLIDING ANALYSIS.— 


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1 (A) DRAFT ANALYSIS.—Not later than 4 years after August 8, 

2 2005, the Administrator shall publish for public comment a draft 

3 analysis of the changes in emissions of air pollutants and air qual4 ity due to the use of motor vehicle fuel and fuel additives resulting 

5 from implementation of the amendments made by the Energy Pol6 icy Act of 2005 (119 Stat. 594). 

7 (B) FINAL ANALYSIS.—After providing a reasonable opportunity 

8 for comment but not later than 5 years after August 8, 2005, the 

9 Administrator shall publish the analysis in final form. 

10 (2) EMISSIONS MODEL.—For the purposes of this section, not later 

11 than 4 years after August 8, 2005, the Administrator shall develop and 

12 finalize an emissions model that reflects, to the maximum extent prac13 ticable, the effects of gasoline characteristics or components on emis14 sions from vehicles in the motor vehicle fleet during calendar year 

15 2007. 

16 (q) CONVERSION ASSISTANCE FOR CELLULOSIC BIOMASS, WASTE-DE17 RIVED ETHANOL, AND APPROVED RENEWABLE FUELS.— 

18 (1) DEFINITIONS.—In this subsection: 

19 (A) APPROVED RENEWABLE FUEL.—The term ‘‘approved re20 newable fuel’’ means a fuel or component of fuel that has been ap21 proved by the Secretary of Energy and is made from renewable 

22 biomass. 

23 (B) OLD GROWTH TIMBER.—The term ‘‘old-growth timber’’ 

24 means timber of a forest from the late successional stage of forest 

25 development. 

26 (C) RENEWABLE BIOMASS.—The term ‘‘renewable biomass’’ 

27 means any organic matter that is available on a renewable or re28 curring basis (excluding old-growth timber), including dedicated 

29 energy crops and trees, agricultural food and feed crop residues, 

30 aquatic plants, animal wastes, wood and wood residues, paper and 

31 paper residues, and other vegetative waste materials. 

32 (2) IN GENERAL.—The Secretary of Energy may provide grants to 

33 merchant producers of cellulosic biomass ethanol, waste-derived eth34 anol, and approved renewable fuels in the United States to assist the 

35 producers in building eligible production facilities described in para36 graph (3) for the production of ethanol or approved renewable fuels. 

37 (3) ELIGIBLE PRODUCTION FACILITIES.—A production facility shall 

38 be eligible to receive a grant under this subsection if the production 

39 facility— 

40 (A) is located in the United States; and 


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1 (B) uses cellulosic or renewable biomass or waste-derived feed2 stocks derived from agricultural residues, wood residues, municipal 

3 solid waste, or agricultural byproducts. 

4 (4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

5 be appropriated to carry out this subsection— 

6 (A) $100,000,000 for fiscal year 2006; 

7 (B) $250,000,000 for fiscal year 2007; and 

8 (C) $400,000,000 for fiscal year 2008. 

9 (r) BLENDING OF COMPLIANT REFORMULATED GASOLINES.— 

10 (1) IN GENERAL.—Notwithstanding subsections (h) and (k) and sub11 ject to the limitations in paragraph (2), it shall not be a violation of 

12 this chapter for a gasoline retailer, during any month of the year, to 

13 blend at a retail location batches of ethanol-blended and non-ethanol14 blended reformulated gasoline if— 

15 (A) each batch of gasoline to be blended has been individually 

16 certified as in compliance with subsections (h) and (k) prior to 

17 being blended; 

18 (B) the retailer notifies the Administrator prior to the blending, 

19 and identifies the exact location of the retail station and the spe20 cific tank in which the blending will take place; 

21 (C) the retailer retains and, as requested by the Administrator 

22 or the Administrator’s designee, makes available for inspection the 

23 certifications accounting for all gasoline at the retail outlet; and 

24 (D) the retailer does not, between June 1 and September 15 of 

25 any year, blend a batch of volatile organic compound-controlled 

26 gasoline (summer gasoline) with a batch of non-volatile organic 

27 compound-controlled gasoline (winter gasoline) (as those terms are 

28 defined under subsections (h) and (k)). 

29 (2) LIMITATIONS.— 

30 (A) FREQUENCY LIMITATION.—A retailer shall be permitted to 

31 blend batches of compliant reformulated gasoline under this sub32 section during a maximum of 2 blending periods between May 1 

33 and September 15 of any year. 

34 (B) DURATION OF BLENDING PERIOD.—Each blending period 

35 authorized under subparagraph (A) shall extend for a period of 

36 not more than 10 consecutive calendar days. 

37 (3) SURVEYS.—A sample of gasoline taken from a retail location 

38 that has blended gasoline within the past 30 days and is in compliance 

39 with subparagraphs (A), (B), (C), and (D) of paragraph (1) shall not 

40 be used in a volatile organic compound survey mandated by part 80 

41 of title 40, Code of Federal Regulations. 


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1 (4) STATE IMPLEMENTATION PLANS.—A State shall be held harm2 less and shall not be required to revise its State implementation plan 

3 under section 211110 of this title to account for the emissions from 

4 blended gasoline authorized under paragraph (1). 

5 (5) PRESERVATION OF STATE LAW.—Nothing in this subsection 

6 shall— 

7 (A) preempt existing State laws (including regulations) regu8 lating the blending of compliant gasolines; or 

9 (B) preclude a State from adopting such restrictions in the fu10 ture. 

11 (6) REGULATIONS.—The Administrator shall promulgate, after no12 tice and comment, regulations implementing this subsection. 

13 (7) APPLICABILITY.—This subsection shall apply to blended batches 

14 of reformulated gasoline regardless of whether the implementing regu15 lations required by paragraph (6) have been promulgated by the Ad16 ministrator. 

17 (8) LIABILITY.—No person other than the person responsible for 

18 blending under this subsection shall be subject to an enforcement ac19 tion or penalties under subsection (s) solely arising from the blending 

20 of compliant reformulated gasolines by the retailers. 

21 (9) FORMULATION OF GASOLINE.—This subsection does not grant 

22 authority to the Administrator or any State (or any subdivision there23 of) to require reformulation of gasoline at the refinery to adjust for po24 tential or actual emissions increases due to the blending authorized by 

25 this subsection. 

26 (s) STANDARD SPECIFICATIONS FOR BIODIESEL.— 

27 (1) DEFINITION OF BIODIESEL.—In this subsection, the term ‘‘bio28 diesel’’ has the meaning given the term in section 312(f) of Energy 

29 Policy Act of 1992 (42 U.S.C. 13220(f)). 

30 (2) ANNUAL INSPECTION AND ENFORCEMENT PROGRAM.— 

31 (A) IN GENERAL.—The Administrator shall establish an annual 

32 inspection and enforcement program to ensure that diesel fuel con33 taining biodiesel sold or distributed in commerce meets the stand34 ards established under regulations under this section, including 

35 testing and certification for compliance with applicable standards 

36 of the American Society for Testing and Materials. 

37 (B) AUTHORIZATION OF APPROPRIATIONS.—There are author38 ized to be appropriated to carry out the inspection and enforce39 ment program under this paragraph $3,000,000 for each of fiscal 

40 years 2008 to 2010. 

41 (t) PREVENTION OF AIR QUALITY DETERIORATION.— 


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1 (1) STUDY.— 

2 (A) IN GENERAL.—The Administrator shall complete a study to 

3 determine whether the renewable fuel volumes required by this sec4 tion will adversely affect air quality as a result of changes in 

5 motor vehicle and motor vehicle engine emissions of air pollutants 

6 regulated under this division. 

7 (B) CONSIDERATIONS.—The study shall include consideration 

8 of— 

9 (i) various blend levels, types of renewable fuels, and avail10 able vehicle technologies; and 

11 (ii) appropriate national, regional, and local air quality con12 trol measures. 

13 (2) REGULATIONS.—Not later than 3 years after December 18, 

14 2007, the Administrator shall— 

15 (A) promulgate regulations to implement appropriate measures 

16 to mitigate, to the greatest extent achievable, considering the re17 sults of the study under paragraph (1), any adverse impacts on 

18 air quality as the result of the renewable volumes required by this 

19 section; or 

20 (B) make a determination that no such measures are necessary. 

21 (u) PENALTIES AND INJUNCTIONS.— 

22 (1) CIVIL PENALTIES.—Any person that violates subsection (b), (f), 

23 (g), (k), (l), (m), or (n) or the regulations prescribed under subsection 

24 (d), (h), (i), (k), (l), (m), (n), or (o) or that fails to furnish any infor25 mation or conduct any tests required by the Administrator under sub26 section (c) shall be liable to the United States for a civil penalty of 

27 not more than $25,000 for each day of the violation or failure and the 

28 amount of economic benefit or savings resulting from the violation or 

29 failure. Any violation with respect to a regulation prescribed under sub30 section (d), (k), (l), (m), or (o) that establishes a regulatory standard 

31 based on a multiday averaging period shall constitute a separate day 

32 of violation for each day in the averaging period. Civil penalties shall 

33 be assessed in accordance with subsections (b) and (c) of section 

34 221105 of this title. 

35 (2) INJUNCTIVE AUTHORITY.— 

36 (A) JURISDICTION.—The district courts of the United States 

37 shall have jurisdiction to restrain violations of subsection (b), (f), 

38 (g), (k), (l), (m), (n) or (o) and of regulations prescribed under 

39 subsections (d), (h), (i), (k), (l), (m), (n), or (o), to award other 

40 appropriate relief, and to compel the furnishing of information and 


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1 the conduct of tests required by the Administrator under sub2 section (c). 

3 (B) ACTIONS BROUGHT BY AND IN NAME OF UNITED STATES.— 

4 An action to restrain a violation or compel action described in sub5 paragraph (A) shall be brought by and in the name of the United 

6 States. 

7 (C) SUBPOENAS.—In any such action, a subpoena for a wit8 nesses who is required to attend a district court in any judicial 

9 district may run into any other judicial district. 

10 § 221112. Renewable fuel 

11 (a) DEFINITIONS.—In this section: 

12 (1) MUNICIPAL SOLID WASTE.—The term ‘‘municipal solid waste’’ 

13 has the meaning given the term ‘‘solid waste’’ in section 1004 of the 

14 Solid Waste Disposal Act (42 U.S.C. 6903). 

15 (2) RFG STATE.—The term ‘‘RFG State’’ means a State in which 

16 is located 1 or more covered areas (as defined in section 221111(k)(1) 

17 of this title). 

18 (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of En19 ergy. 

20 (b) CELLULOSIC BIOMASS ETHANOL AND MUNICIPAL SOLID WASTE

21 LOAN GUARANTEE PROGRAM.— 

22 (1) IN GENERAL.—Funds may be provided for the cost (as defined 

23 in the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)) of 

24 loan guarantees issued under section 1516 of the Energy Policy Act 

25 of 2005 (42 U.S.C. 16503) to carry out commercial demonstration 

26 projects for cellulosic biomass and sucrose-derived ethanol. 

27 (2) DEMONSTRATION PROJECTS.— 

28 (A) IN GENERAL.—The Secretary shall issue loan guarantees 

29 under this section to carry out not more than 4 projects to com30 mercially demonstrate the feasibility and viability of producing cel31 lulosic biomass ethanol or sucrose-derived ethanol, including at 

32 least 1 project that uses cereal straw as a feedstock and 1 project 

33 that uses municipal solid waste as a feedstock. 

34 (B) DESIGN CAPACITY.—Each project shall have a design ca35 pacity to produce at least 30,000,000 gallons of cellulosic biomass 

36 ethanol each year. 

37 (3) APPLICANT ASSURANCES.—An applicant for a loan guarantee 

38 under this section shall provide assurances, satisfactory to the Sec39 retary, that— 


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1 (A) the project design has been validated through the operation 

2 of a continuous process facility with a cumulative output of at 

3 least 50,000 gallons of ethanol; 

4 (B) the project has been subject to a full technical review; 

5 (C) the project is covered by adequate project performance 

6 guarantees; 

7 (D) the project, with the loan guarantee, is economically viable; 

8 and 

9 (E) there is a reasonable assurance of repayment of the guaran10 teed loan. 

11 (4) LIMITATIONS.— 

12 (A) MAXIMUM GUARANTEE.—Except as provided in subpara13 graph (B), a loan guarantee under this section may be issued for 

14 up to 80 percent of the estimated cost of a project, but may not 

15 exceed $250,000,000 for a project. 

16 (B) ADDITIONAL GUARANTEES.— 

17 (i) IN GENERAL.—The Secretary may issue additional loan 

18 guarantees for a project to cover up to 80 percent of the ex19 cess of actual project cost over estimated project cost but not 

20 to exceed 15 percent of the amount of the original guarantee. 

21 (ii) PRINCIPAL AND INTEREST.—Subject to subparagraph 

22 (A), the Secretary shall guarantee 100 percent of the prin23 cipal and interest of a loan made under subparagraph (A). 

24 (5) EQUITY CONTRIBUTIONS.—To be eligible for a loan guarantee 

25 under this section, an applicant for the loan guarantee shall have bind26 ing commitments from equity investors to provide an initial equity con27 tribution of at least 20 percent of the total project cost. 

28 (6) INSUFFICIENT AMOUNTS.—If the amount made available to carry 

29 out this section is insufficient to allow the Secretary to make loan 

30 guarantees for 3 projects described in this subsection, the Secretary 

31 shall issue loan guarantees for 1 or more qualifying projects under this 

32 section in the order in which the applications for the projects are re33 ceived by the Secretary. 

34 (7) APPROVAL.—An application for a loan guarantee under this sec35 tion shall be approved or disapproved by the Secretary not later than 

36 90 days after the application is received by the Secretary. 

37 (c) RENEWABLE FUEL PRODUCTION RESEARCH AND DEVELOPMENT

38 GRANTS.— 

39 (1) IN GENERAL.—The Administrator shall provide grants for the re40 search into, and development and implementation of, renewable fuel 


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1 production technologies in RFG States with low rates of ethanol pro2 duction, including low rates of production of cellulosic biomass ethanol. 

3 (2) ELIGIBILITY.— 

4 (A) IN GENERAL.—The entities eligible to receive a grant under 

5 this subsection are academic institutions in RFG States, and con6 sortia made up of combinations of academic institutions, industry, 

7 State government agencies, or local government agencies in RFG 

8 States, that have proven experience and capabilities with relevant 

9 technologies. 

10 (B) APPLICATION.—To be eligible to receive a grant under this 

11 subsection, an eligible entity shall submit to the Administrator an 

12 application in such manner and form, and accompanied by such 

13 information, as the Administrator may specify. 

14 (3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

15 be appropriated to carry out this subsection $25,000,000 for each of 

16 fiscal years 2006 to 2010. 

17 § 221113. Nonroad engines and nonroad vehicles 

18 (a) EMISSION STANDARDS.— 

19 (1) STUDY.—The Administrator shall conduct a study of emissions 

20 from nonroad engines and nonroad vehicles (other than locomotives or 

21 engines used in locomotives) to determine if such emissions cause, or 

22 significantly contribute to, air pollution that may reasonably be antici23 pated to endanger public health or welfare. 

24 (2) DETERMINATION.—After notice and opportunity for public hear25 ing, the Administrator shall determine within 12 months after comple26 tion of the study under paragraph (1), based on the results of the 

27 study, whether emissions of carbon monoxide, nitrogen oxides, and 

28 volatile organic compounds from new and existing nonroad engines or 

29 nonroad vehicles (other than locomotives or engines used in loco30 motives) are significant contributors to ozone or carbon monoxide con31 centrations in more than 1 area that has failed to attain the NAAQSes 

32 for ozone or carbon monoxide. That determination shall be included in 

33 the regulations under paragraph (3). 

34 (3) REGULATIONS.— 

35 (A) IN GENERAL.—If the Administrator makes an affirmative 

36 determination under paragraph (2), the Administrator shall, with37 in 12 months after completion of the study under paragraph (1), 

38 promulgate (and from time to time revise) regulations containing 

39 standards applicable to emissions from the classes or categories of 

40 new nonroad engines and new nonroad vehicles (other than loco41 motives or engines used in locomotives) that in the Administrator’s 


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1 judgment, cause or contribute to air pollution that may reasonably 

2 be anticipated to endanger public health or welfare. 

3 (B) GREATEST DEGREE OF EMISSION REDUCTION ACHIEV4 ABLE.—The standards shall achieve the greatest degree of emis5 sion reduction achievable through the application of technology 

6 that the Administrator determines will be available for the engines 

7 or vehicles to which the standards apply, giving appropriate con8 sideration to— 

9 (i) the cost of applying the technology within the period of 

10 time available to manufacturers; and 

11 (ii) noise, energy, and safety factors associated with the ap12 plication of the technology. 

13 (C) CONSIDERATIONS.—Before determining what degree of re14 duction will be available, the Administrator shall consider stand15 ards equivalent in stringency to standards for comparable motor 

16 vehicles or engines (if any) regulated under section 221102 of this 

17 title, taking into account the technological feasibility, costs, safety, 

18 noise, and energy factors associated with achieving, as appro19 priate, standards of such stringency and lead time. 

20 (D) USEFUL LIFE.—The regulations shall apply to the useful 

21 life of the engines or vehicles (as determined by the Adminis22 trator). 

23 (4) OTHER AIR POLLUTANTS.— 

24 (A) IN GENERAL.—If the Administrator determines that any 

25 emissions not described in paragraph (2) from new nonroad en26 gines or vehicles significantly contribute to air pollution that may 

27 reasonably be anticipated to endanger public health or welfare, the 

28 Administrator may promulgate such regulations as the Adminis29 trator considers appropriate containing standards applicable to 

30 emissions from the classes or categories of new nonroad engines 

31 and new nonroad vehicles (other than locomotives or engines used 

32 in locomotives) that, in the Administrator’s judgment, cause or 

33 contribute to air pollution that may reasonably be anticipated to 

34 endanger public health or welfare, taking into account costs, noise, 

35 safety, and energy factors associated with the application of tech36 nology that the Administrator determines will be available for the 

37 engines and vehicles to which the standards apply. 

38 (B) USEFUL LIFE.—The regulations shall apply to the useful 

39 life of the engines or vehicles (as determined by the Adminis40 trator). 


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1 (5) NEW LOCOMOTIVES AND NEW ENGINES USED IN LOCO2 MOTIVES.— 

3 (A) IN GENERAL.—The Administrator shall promulgate regula4 tions containing standards applicable to emissions from new loco5 motives and new engines used in locomotives. 

6 (B) GREATEST DEGREE OF EMISSION REDUCTION ACHIEV7 ABLE.—The standards shall achieve the greatest degree of emis8 sion reduction achievable through the application of technology 

9 that the Administrator determines will be available for the loco10 motives or engines to which the standards apply, giving appro11 priate consideration to— 

12 (i) the cost of applying the technology within the period of 

13 time available to manufacturers; and 

14 (ii) noise, energy, and safety factors associated with the ap15 plication of the technology. 

16 (b) EFFECTIVE DATE.—Standards under this section shall take effect at 

17 the earliest possible date considering the lead time necessary to permit the 

18 development and application of the requisite technology, giving appropriate 

19 consideration to the cost of compliance within that period and energy and 

20 safety. 

21 (c) SAFE CONTROLS.— 

22 (1) IN GENERAL.—Effective with respect to new engines or vehicles 

23 to which standards under this section apply, no emission control device, 

24 system, or element of design shall be used in a new nonroad engine 

25 or new nonroad vehicle described in this section for purposes of com26 plying with the standards if the device, system, or element of design 

27 will cause or contribute to an unreasonable risk to public health, wel28 fare, or safety in its operation or function. 

29 (2) CONSIDERATIONS.—In determining whether an unreasonable risk 

30 exists, the Administrator shall consider factors including those de31 scribed in section 221102(a)(4)(B) of this title. 

32 (d) STATIONARY INTERNAL COMBUSTION ENGINES.—Nothing in this 

33 subdivision relating to nonroad engines shall be construed to apply to sta34 tionary internal combustion engines. 

35 (e) ENFORCEMENT.—The standards under this section— 

36 (1) shall be subject to sections 221106, 221107, 221108, and 

37 221109 of this title with such modifications of the applicable regula38 tions implementing those sections as the Administrator considers ap39 propriate; and 

40 (2) shall be enforced in the same manner as standards prescribed 

41 under section 221102 of this title. 


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1 (f) REVISION OR PROMULGATION OF REGULATIONS.—The Administrator 

2 shall revise or promulgate regulations as may be necessary to determine 

3 compliance with, and enforce, standards in effect under this section. 

4 § 221114. High altitude performance adjustments 

5 (a) INSTRUCTION OF THE MANUFACTURER.— 

6 (1) TREATMENT AS NOT IN VIOLATION.—Any action taken with re7 spect to any element of design installed on or in a motor vehicle or 

8 motor vehicle engine in compliance with regulations under this subdivi9 sion (including any alteration or adjustment of such an element) shall 

10 be treated as not in violation of section 221103(a) of this title if the 

11 action is performed in accordance with high altitude adjustment in12 structions provided by the manufacturer under subsection (b) and ap13 proved by the Administrator. 

14 (2) DISAPPROVAL OF INSTRUCTIONS.—If the Administrator finds 

15 that adjustments or modifications made pursuant to instructions of the 

16 manufacturer under paragraph (1) will not ensure emission control per17 formance with respect to each standard under section 221102 of this 

18 title at least equivalent to that which would result if no such adjust19 ments or modifications were made, the Administrator shall disapprove 

20 the instructions. Such a finding shall be based on minimum engineering 

21 evaluations consistent with good engineering practice. 

22 (b) REGULATIONS.— 

23 (1) SUBMISSION OF INSTRUCTIONS TO THE ADMINISTRATOR.—In24 structions respecting each class or category of vehicles or engines to 

25 which this subdivision applies providing for such vehicle and engine ad26 justments and modifications as may be necessary to ensure emission 

27 control performance at different altitudes shall be submitted by the 

28 manufacturer to the Administrator pursuant to regulations promul29 gated by the Administrator. 

30 (2) VIOLATION.—Any knowing violation by a manufacturer of re31 quirements of the Administrator under paragraph (1) shall be treated 

32 as a violation by the manufacturer of section 221103(a)(1)(C) of this 

33 title for purposes of the penalties under section 221105 of this title. 

34 (3) ADJUSTMENTS.—The instructions shall provide, in addition to 

35 other adjustments, for adjustments for vehicles moving from high alti36 tude areas to low altitude areas after the initial registration of the vehi37 cles. 

38 (c) MANUFACTURER PARTS.—No instructions under this section respect39 ing adjustments or modifications may require the use of any manufacturer 

40 parts (as defined in section 221103(a)(2) of this title) unless the manufacVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00437 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 turer demonstrates to the satisfaction of the Administrator that the use of 

2 manufacturer parts is necessary to ensure emission control performance. 

3 (d) STATE INSPECTION AND MAINTENANCE PROGRAMS.—The authority 

4 provided by this section shall be available in any high altitude State (as de5 termined under regulations of the Administrator promulgated before August 

6 7, 1977) in which an inspection and maintenance program for the testing 

7 of motor vehicle emissions has been instituted for the portions of the State 

8 where any NAAQS for auto-related pollutants has not been attained. 

9 (e) HIGH ALTITUDE TESTING.— 

10 (1) DEFINITION OF HIGH ALTITUDE CONDITIONS.—In this sub11 section, the term ‘‘high altitude conditions’’ has the meaning given the 

12 term ‘‘high altitude’’ in regulations of the Administrator in effect as 

13 of November 15, 1990. 

14 (2) TESTING CENTER.—The Administrator shall establish at least 1 

15 testing center (in addition to the testing centers existing on November 

16 15, 1990) located at a site that represents high altitude conditions, to 

17 ascertain in a reasonable manner whether, when in actual use through18 out their useful life (as determined under section 221102(a)(1)(C) of 

19 this title), each class or category of vehicle and engines to which regu20 lations under section 221102 of this title apply conforms to the emis21 sion standards established by those regulations. 

22 (3) RESEARCH AND TECHNOLOGY ASSESSMENT CENTER.— 

23 (A) IN GENERAL.—The Administrator, in cooperation with the 

24 Secretary of Energy, the Administrator of the Federal Transit Ad25 ministration, and such other agencies as the Administrator con26 siders appropriate, shall establish a research and technology as27 sessment center to provide for the development and evaluation of 

28 less-polluting heavy-duty engines and fuels for use in buses, heavy29 duty trucks, nonroad engines, and nonroad vehicles 

30 (B) LOCATION.—The research and technology assessment cen31 ter shall be located at a high altitude site that represents high alti32 tude conditions. 

33 (C) PREFERENCE.—In establishing and funding the research 

34 and technology assessment center, the Administrator shall give 

35 preference to proposals that provide for local cost-sharing of facili36 ties and recovery of costs of operation through utilization of the 

37 center for the purposes of this section. 

38 (4) RESEARCH SUBJECTS.— 

39 (A) DESIGNATION.—The Administrator shall designate at least 

40 1 center at high altitude conditions to provide research on— 

41 (i) after-market emission components; 


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1 (ii) dual-fueled vehicles and conversion kits; 

2 (iii) the effects of tampering on emissions equipment; 

3 (iv) testing of alternate fuels and conversion kits; and 

4 (v) the development of curricula, training courses, and ma5 terials to maximize the effectiveness of inspection and mainte6 nance programs as they relate to promoting effective control 

7 of vehicle emissions at high altitude elevations. 

8 (B) PREFERENCE.—Preference shall be given to existing vehicle 

9 emission testing and research centers that— 

10 (i) have established reputations for vehicle emission re11 search and development and training; and 

12 (ii) possess in-house Federal test procedure capacity. 

13 § 221115. Motor vehicle compliance program fees 

14 (a) FEE COLLECTION.—Consistent with section 9701 of title 31, the Ad15 ministrator may promulgate (and from time to time revise) regulations es16 tablishing fees to recover all reasonable costs to the Administrator associ17 ated with— 

18 (1) new vehicle or engine certification under section 221106(a) of 

19 this title or chapter 225; 

20 (2) new vehicle or engine compliance monitoring and testing under 

21 section 221106(b) of this title or chapter 225; and 

22 (3) in-use vehicle or engine compliance monitoring and testing under 

23 section 221107(d) of this title or chapter 225. 

24 (b) FEE SCHEDULE.—The Administrator may establish for all foreign 

25 and domestic manufacturers a fee schedule based on such factors as the Ad26 ministrator finds appropriate, equitable, and nondiscriminatory, including 

27 the number of vehicles or engines produced under a certificate of con28 formity. In the case of heavy-duty engine and vehicle manufacturers, the 

29 fees shall not exceed a reasonable amount to recover an appropriate portion 

30 of the reasonable costs. 

31 (c) SPECIAL TREASURY FUND.—Any fees collected under this section 

32 shall be deposited in the Treasury in a special fund for licensing and other 

33 services which thereafter shall be available for appropriation, to remain 

34 available until expended, to carry out EPA’s activities for which the fees 

35 were collected. 

36 (d) LIMITATION ON FUND USE.—Amounts in the special fund described 

37 in subsection (c) shall not be used until after the 1st fiscal year commencing 

38 after the 1st July 1 when fees are paid into the fund. 

39 (e) TESTING AUTHORITY.—Nothing in this section shall be construed to 

40 limit the Administrator’s authority to require manufacturer or confirmatory 

41 testing as provided in this chapter. 


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1 § 221116. Prohibition of production of engines requiring 

2 leaded gasoline 

3 The Administrator shall promulgate regulations applicable to motor vehi4 cle engines and nonroad engines manufactured after model year 1992 that 

5 prohibit the manufacture, sale, or introduction into commerce of any engine 

6 that requires leaded gasoline. 

7 § 221117. Urban bus standards 

8 (a) DEFINITIONS.—In this section: 

9 (1) LOW-POLLUTING FUEL.— 

10 (A) IN GENERAL.—The term ‘‘low-polluting fuel’’ means meth11 anol, ethanol, propane, or natural gas, or any comparably low-pol12 luting fuel. 

13 (B) DETERMINATION.—In determining whether a fuel is com14 parably low-polluting, the Administrator shall consider— 

15 (i) the level of emissions of air pollutants from vehicles 

16 using the fuel; and 

17 (ii) the contribution of such emissions to ambient levels of 

18 air pollutants. 

19 (2) METHANOL.—The term ‘‘methanol’’ includes any fuel that con20 tains at least 85 percent methanol unless the Administrator increases 

21 that percentage as the Administrator considers appropriate to protect 

22 public health and welfare. 

23 (3) URBAN BUS.—The term ‘‘urban bus’’ has the meaning given the 

24 term under regulations of the Administrator promulgated under section 

25 221102(a) of this title. 

26 (b) STANDARDS.—The Administrator shall promulgate regulations under 

27 section 221102(a) of this title applicable to urban buses. The standards 

28 shall be based on the best technology that can reasonably be anticipated to 

29 be available at the time at which the measures are to be implemented, tak30 ing costs, safety, energy, lead time, and other relevant factors into account. 

31 The regulations shall require that urban buses comply with subsection (c) 

32 (and subsection (d), if applicable) and the standards applicable under sec33 tion 221102(a) of this title for heavy-duty vehicles of the same type and 

34 model year. 

35 (c) PM STANDARD.— 

36 (1) 50 PERCENT REDUCTION.—The standards under section 

37 221102(a) of this title applicable to urban buses shall require that 

38 emissions of particulate matter from urban buses shall not exceed 50 

39 percent of the emissions of particulate matter allowed under the emis40 sion standard applicable under section 202(a) of the Clean Air Act (42 

41 U.S.C. 7521(a)) as of November 15, 1990, for particulate matter in 


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1 the case of heavy-duty diesel vehicles and engines manufactured in 

2 model year 1994. 

3 (2) REVISED REDUCTION.—The Administrator shall increase the 

4 level of emissions of particulate matter allowed under the standard de5 scribed in paragraph (1) if the Administrator determines that the 50 

6 percent reduction described in paragraph (1) is not technologically 

7 achievable, taking into account durability, costs, lead time, safety, and 

8 other relevant factors. The Administrator may not increase the level of 

9 emissions above 70 percent of the emissions of particulate matter al10 lowed under the emission standard applicable under section 202(a) of 

11 the Clean Air Act (42 U.S.C. 7521(a)) as of November 15, 1990, for 

12 particulate matter in the case of heavy-duty diesel vehicles and engines 

13 manufactured in model year 1994. 

14 (3) DETERMINATION AS PART OF RULEMAKING.—As part of the 

15 rulemaking under subsection (b), the Administrator shall make a deter16 mination whether the 50 percent reduction described in paragraph (1) 

17 is technologically achievable, taking into account durability, costs, lead 

18 time, safety, and other relevant factors. 

19 (d) LOW-POLLUTING FUEL REQUIREMENT.— 

20 (1) ANNUAL TESTING.—The Administrator shall conduct annual 

21 tests of a representative sample of operating urban buses subject to the 

22 particulate matter standard applicable pursuant to subsection (c) to de23 termine whether urban buses comply with the standard in use over 

24 their full useful life. 

25 (2) PROMULGATION OF ADDITIONAL LOW-POLLUTING FUEL RE26 QUIREMENT.— 

27 (A) IN GENERAL.—If the Administrator determines, based on 

28 the testing under paragraph (1), that urban buses subject to the 

29 particulate matter standard applicable pursuant to subsection (c) 

30 do not comply with the standard in use over their full useful life, 

31 the Administrator shall revise the standards applicable to urban 

32 buses to require (in addition to compliance with the particulate 

33 matter standard applicable pursuant to subsection (c)) that all 

34 new urban buses purchased or placed into service by owners or op35 erators of urban buses in all metropolitan statistical areas or con36 solidated metropolitan statistical areas with a 1980 population of 

37 750,000 or more shall be capable of operating, and shall be exclu38 sively operated, on low-polluting fuels. The Administrator shall es39 tablish the pass-fail rate for purposes of testing under this sub40 paragraph. 


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1 (B) PHASE-IN SCHEDULE.—The Administrator shall promulgate 

2 a schedule phasing in any low-polluting fuel requirement estab3 lished pursuant to this paragraph to an increasing percentage of 

4 new urban buses purchased or placed into service in each of the 

5 1st 5 model years commencing 3 years after the determination 

6 under subparagraph (A). Under the schedule 100 percent of new 

7 urban buses placed into service in the 5th model year commencing 

8 3 years after the determination under subparagraph (A) shall 

9 comply with the low-polluting fuel requirement established pursu10 ant to this paragraph. 

11 (C) AREAS WITH A 1980 POPULATION OF LESS THAN 750,000.— 

12 The Administrator may extend the requirements of this paragraph 

13 to metropolitan statistical areas or consolidated metropolitan sta14 tistical areas with a 1980 population of less than 750,000 if the 

15 Administrator determines that a significant benefit to public 

16 health could be expected to result from such an extension. 

17 (e) RETROFIT REQUIREMENTS.— 

18 (1) IN GENERAL.—The Administrator shall promulgate regulations 

19 under section 221102(a) of this title requiring that buses described in 

20 paragraph (2) comply with an emission standard or emission control 

21 technology requirement established by the Administrator in the regula22 tions. 

23 (2) BUSES.—Buses referred to in paragraph (1) are urban buses 

24 that— 

25 (A) are operating in areas described in subparagraph (A) of 

26 subsection (d)(2) (or subparagraph (C) of subsection (d)(2) if the 

27 Administrator has taken action under that subparagraph); 

28 (B) were not subject to standards in effect under the regula29 tions under subsection (b); and 

30 (C) have their engines replaced or rebuilt after January 1, 

31 1995; 

32 (3) BEST TECHNOLOGY AND PRACTICES.—The emission standard or 

33 emission control technology requirement shall reflect the best retrofit 

34 technology and maintenance practices reasonably achievable. 

35 (f) PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT.—The Ad36 ministrator shall establish, in accordance with section 221106(h) of this 

37 title, procedures for the administration and enforcement of standards for 

38 urban buses subject to standards under this section, testing procedures, 

39 sampling protocols, in-use compliance requirements, and criteria governing 

40 evaluation of buses. Procedures for testing (including certification testing) 

41 shall reflect actual operating conditions. 


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1 Chapter 223—Aircraft Emission Standards 

Sec. 

223101. Definitions. 

223102. Establishment of standards. 

223103. Enforcement of standards. 

223104. State standards and controls. 

2 § 223101. Definitions 

3 Terms used in this chapter (other than the term Administrator) have the 

4 meanings given the terms in section 40102(a) of title 49. 

5 § 223102. Establishment of standards 

6 (a) STUDY; PROPOSED STANDARDS; HEARINGS; ISSUANCE OF REGULA7 TIONS.—The Administrator shall conduct a study and investigation of emis8 sions of air pollutants from aircraft to determine— 

9 (1) the extent to which such emissions affect air quality in air qual10 ity control regions throughout the United States; and 

11 (2) the technological feasibility of controlling such emissions. 

12 (b) EMISSION STANDARDS.—The Administrator shall from time to time 

13 issue proposed emission standards applicable to the emission of any air pol14 lutant from any class of aircraft engines that, in the Administrator’s judg15 ment, causes or contributes to air pollution that may reasonably be antici16 pated to endanger public health or welfare. 

17 (c) CONSULTATION.—The Administrator shall consult with the Adminis18 trator of the Federal Aviation Administration on aircraft engine emission 

19 standards. 

20 (d) LIMITATION.—The Administrator shall not change the aircraft engine 

21 emission standards if the change would significantly increase noise and ad22 versely affect safety. 

23 (e) HEARINGS.—The Administrator shall hold public hearings with re24 spect to standards proposed under subsection (b). The hearings shall, to the 

25 extent practicable, be held in air quality control regions that are most seri26 ously affected by aircraft emissions. 

27 (f) FINAL REGULATIONS.—Within 90 days after the issuance of stand28 ards proposed under subsection (b), the Administrator shall issue regula29 tions with such modifications as the Administrator considers appropriate. 

30 The regulations may be revised from time to time. 

31 (g) EFFECTIVE DATE OF REGULATIONS.—Any regulation prescribed 

32 under this section (and any revision thereof) shall take effect after such pe33 riod as the Administrator finds necessary (after consultation with the Sec34 retary of Transportation) to permit the development and application of the 

35 requisite technology, giving appropriate consideration to the cost of compli36 ance within that period. 

37 (h) REGULATIONS THAT CREATE HAZARDS TO AIRCRAFT SAFETY.—

38 Any regulation in effect under this section with respect to aircraft shall not 


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1 apply if disapproved by the President, after notice and opportunity for pub2 lic hearing, on the basis of a finding by the Secretary of Transportation 

3 that the regulation would create a hazard to aircraft safety. Any such find4 ing shall include a reasonably specific statement of the basis on which the 

5 finding is made. 

6 § 223103. Enforcement of standards 

7 (a) REGULATIONS TO ENSURE COMPLIANCE WITH STANDARDS.—The 

8 Secretary of Transportation, after consultation with the Administrator, shall 

9 prescribe regulations to ensure compliance with all standards prescribed 

10 under section 223102 of this title by the Administrator. The regulations of 

11 the Secretary of Transportation shall include provisions making those stand12 ards applicable in the issuance, amendment, modification, suspension, or 

13 revocation of any certificate authorized by chapter 447 of title 49. 

14 (b) EXECUTION OF POWERS AND DUTIES.—In the execution of all powers 

15 and duties vested in the Secretary under this section, the Secretary of 

16 Transportation— 

17 (1) shall ensure that all necessary inspections are accomplished; and 

18 (2) may execute any power or duty vested in the Secretary by any 

19 other provision of law. 

20 (c) NOTICE AND APPEAL RIGHTS.—In any action to amend, modify, sus21 pend, or revoke a certificate in which violation of an emission standard pre22 scribed under section 223102 of this title or of a regulation prescribed 

23 under subsection (a) is at issue, the certificate holder shall have the same 

24 notice and appeal rights as are prescribed for such holders in chapter 461 

25 of title 49, except that in any appeal to the National Transportation Safety 

26 Board, the Board may amend, modify, or revoke the order of the Secretary 

27 of Transportation only if the Board finds no violation of the standard or 

28 regulation and that the amendment, modification, or revocation is consistent 

29 with safety in air transportation. 

30 § 223104. State standards and controls 

31 No State or political subdivision thereof may adopt or attempt to enforce 

32 any standard respecting emissions of any air pollutant from any aircraft or 

33 engine thereof unless the standard is identical to a standard applicable to 

34 such aircraft under this chapter. 

35 Chapter 225—Clean Fuel Vehicles 

Sec. 

225101. Definitions. 

225102. Requirements applicable to clean-fuel vehicles. 

225103. Standards for light-duty clean-fuel vehicles. 

225104. Administration and enforcement as per California standards. 

225105. Standards for heavy-duty clean-fuel vehicles of more than 8,500 up to 26,000 pounds 

gross vehicle weight rating. 

225106. Centrally fueled fleets. 

225107. Vehicle conversions. 

225108. Federal agency fleets. 


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225109. California pilot test program. 

225110. General provisions. 

1 § 225101. Definitions 

2 (a) IN GENERAL.—In this chapter: 

3 (1) BASE GASOLINE.—The term ‘‘base gasoline’’ means gasoline that 

4 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 degrees F 

IBP ........................................................................................................... 92 

10% .......................................................................................................... 126 

50% .......................................................................................................... 219 

90% .......................................................................................................... 327 

EP ............................................................................................................ 414 

Hydrocarbon Type, Vol. % FIA: 

Aromatics ................................................................................................. 30.9 

Olefins ...................................................................................................... 8.2 

Saturates .................................................................................................. 60.9 

5 (2) CLEAN ALTERNATIVE FUEL.— 

6 (A) IN GENERAL.—The term ‘‘clean alternative fuel’’ means any 

7 fuel (including methanol, ethanol, or other alcohols (including any 

8 mixture thereof containing 85 percent or more by volume of such 

9 alcohol with gasoline or other fuels), reformulated gasoline, diesel, 

10 natural gas, liquefied petroleum gas, and hydrogen) or power 

11 source (including electricity) used in a clean-fuel vehicle that com12 plies with the standards and requirements applicable to the vehicle 

13 under this subdivision when using that fuel or power source. 

14 (B) FLEXIBLE FUEL VEHICLES AND DUAL FUEL VEHICLES.— 

15 In the case of any flexible fuel vehicle or dual fuel vehicle, the 

16 term ‘‘clean alternative fuel’’ means a fuel with respect to which 

17 the vehicle was certified as a clean-fuel vehicle meeting the stand18 ards applicable to clean-fuel vehicles under section 225103(d)(2) 

19 of this title when operating on clean alternative fuel (or any Cali20 fornia Air Resources Board standards that replace those standards 

21 pursuant to section 225103(e) of this title). 

22 (3) CLEAN-FUEL VEHICLE.—The term ‘‘clean-fuel vehicle’’ means a 

23 vehicle in a class or category of vehicles that has been certified to meet 

24 for any model year the clean-fuel vehicle standards applicable under 

25 this chapter for that model year to clean-fuel vehicles in that class or 

26 category. 

27 (4) COVERED FLEET.— 

28 (A) IN GENERAL.—The term ‘‘covered fleet’’ means 10 or more 

29 motor vehicles that are owned or operated by a single person. 


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1 (B) DETERMINATION.—In determining the number of vehicles 

2 owned or operated by a single person for purposes of this para3 graph, all motor vehicles owned or operated, leased or otherwise 

4 controlled by the person, by any person that controls the person, 

5 by any person controlled by the person, and by any person under 

6 common control with the person shall be treated as owned by the 

7 person. 

8 (C) EXCLUSIONS.—The term ‘‘covered fleet’’ does not include— 

9 (i) motor vehicles held for lease or rental to the general 

10 public; 

11 (ii) motor vehicles held for sale by motor vehicle dealers 

12 (including demonstration vehicles); 

13 (iii) motor vehicles used for motor vehicle manufacturer 

14 product evaluations or tests; 

15 (iv) law enforcement and other emergency vehicles; or 

16 (v) nonroad vehicles (including farm and construction vehi17 cles). 

18 (5) COVERED FLEET VEHICLE.— 

19 (A) IN GENERAL.—The term ‘‘covered fleet vehicle’’ means a 

20 motor vehicle that is— 

21 (i) in a vehicle class for which standards are applicable 

22 under this chapter; and 

23 (ii) in a covered fleet that is centrally fueled (or capable 

24 of being centrally fueled). 

25 (B) CAPABILITY OF BEING CENTRALLY FUELED.—No vehicle 

26 that under normal operations is garaged at a personal residence 

27 at night shall be considered to be a vehicle that is capable of being 

28 centrally fueled within the meaning of subparagraph (A)(ii). 

29 (6) NONMETHANE ORGANIC GAS.— 

30 (A) IN GENERAL.—The term ‘‘nonmethane organic gas’’ means 

31 the sum of nonoxygenated and oxygenated hydrocarbons contained 

32 in a gas sample. 

33 (B) INCLUSIONS.—The term ‘‘nonmethane organic gas’’ in34 cludes, at a minimum— 

35 (i) all oxygenated organic gases containing 5 or fewer car36 bon atoms (including aldehydes, ketones, alcohols, ethers, and 

37 others); and 

38 (ii) all alkanes, alkenes, alkynes, and aromatics containing 

39 12 or fewer carbon atoms. 

40 (C) DEMONSTRATION OF COMPLIANCE WITH NONMETHANE OR41 GANIC GAS STANDARD.—To demonstrate compliance with a standVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00446 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 ard, nonmethane organic gas emissions shall be measured in ac2 cordance with the procedures entitled ‘‘California Non-Methane 

3 Organic Gas Test Procedures’’. 

4 (D) ADJUSTMENT.—In the case of vehicles using fuels other 

5 than base gasoline, the level of nonmethane organic gas emissions 

6 shall be adjusted based on the reactivity of the emissions relative 

7 to vehicles using base gasoline. 

8 (b) TERMS DEFINED IN CHAPTER 221.—The definitions applicable to 

9 chapter 221 under section 221101 of this title shall apply for purposes of 

10 this chapter. 

11 (c) MODIFICATION OF DEFINITIONS AND METHODS FOR MAKING REAC12 TIVITY ADJUSTMENTS.—The Administrator shall modify the definitions of 

13 nonmethane organic gas and base gasoline and the methods for making re14 activity adjustments to conform to the definitions and method used in Cali15 fornia under the Low-Emission Vehicle and Clean Fuel Regulations of the 

16 California Air Resources Board, so long as the California definitions are, 

17 in the aggregate, at least as protective of public health and welfare as the 

18 definitions in this section. 

19 § 225102. Requirements applicable to clean-fuel vehicles 

20 (a) PROMULGATION OF STANDARDS.—The Administrator shall promul21 gate regulations under this chapter containing clean-fuel vehicle standards 

22 for the clean-fuel vehicles specified in this chapter. 

23 (b) OTHER REQUIREMENTS.— 

24 (1) CLEAN-FUEL VEHICLES OF UP TO 8,500 POUNDS.—Clean-fuel ve25 hicles of up to 8,500 pounds gross vehicle weight rating subject to 

26 standards set forth in this chapter shall comply with all motor vehicle 

27 requirements of this subdivision (such as requirements relating to on28 board diagnostics, evaporative emissions, and others) that are applica29 ble to conventional gasoline-fueled vehicles of the same category and 

30 model year, except as provided in section 225104 of this title with re31 spect to administration and enforcement, and except to the extent that 

32 any such requirement is in conflict with this chapter. 

33 (2) CLEAN-FUEL VEHICLES OF MORE THAN 8,500 POUNDS.—Clean34 fuel vehicles of more than 8,500 pounds gross vehicle weight rating 

35 subject to standards set forth in this chapter shall comply with all re36 quirements of this subdivision that apply to conventional gasoline37 fueled or diesel-fueled vehicles of the same category and model year, 

38 except as provided in section 225104 of this title with respect to ad39 ministration and enforcement, and except to the extent that any such 

40 requirement is in conflict with this chapter. 

41 (c) IN-USE USEFUL LIFE AND TESTING.— 


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1 (1) LIGHT-DUTY VEHICLES AND LIGHT-DUTY TRUCKS UP TO 6,000

2 POUNDS.—In the case of light-duty vehicles and light-duty trucks up 

3 to 6,000 pounds gross vehicle weight rating, the useful life for purposes 

4 of determining in-use compliance with the standards under section 

5 225103 of this title shall be— 

6 (A) a period of 5 years or 50,000 miles (or the equivalent), 

7 whichever first occurs, in the case of standards applicable for pur8 poses of certification at 50,000 miles; and 

9 (B) a period of 10 years or 100,000 miles (or the equivalent), 

10 whichever first occurs, in the case of standards applicable for pur11 poses of certification at 100,000 miles, except that in-use testing 

12 shall not be done for a period beyond 7 years or 75,000 miles (or 

13 the equivalent), whichever first occurs. 

14 (2) LIGHT-DUTY TRUCKS OF MORE THAN 6,000 POUNDS.—In the case 

15 of light-duty trucks of more than 6,000 pounds gross vehicle weight 

16 rating, the useful life for purposes of determining in-use compliance 

17 with the standards under section 225103 of this title shall be— 

18 (A) a period of 5 years or 50,000 miles (or the equivalent), 

19 whichever first occurs, in the case of standards applicable for pur20 poses of certification at 50,000 miles; and 

21 (B) a period of 11 years or 120,000 miles (or the equivalent), 

22 whichever first occurs, in the case of standards applicable for pur23 poses of certification at 120,000 miles, except that in-use testing 

24 shall not be done for a period beyond 7 years or 90,000 miles (or 

25 the equivalent), whichever first occurs. 

26 § 225103. Standards for light-duty clean-fuel vehicles 

27 (a) EXHAUST STANDARDS FOR LIGHT-DUTY VEHICLES AND CERTAIN

28 LIGHT-DUTY TRUCKS.— 

29 (1) APPLICABILITY.—The standards set forth in this subsection shall 

30 apply in the case of clean-fuel vehicles that are— 

31 (A) light-duty trucks of up to 6,000 pounds gross vehicle weight 

32 rating (but not including light-duty trucks of more than 3,750 

33 pounds loaded vehicle weight); or 

34 (B) light-duty vehicles. 

35 (2) STANDARDS.—For air pollutants specified in the following table, 

36 the clean-fuel vehicle standards under this section shall provide that ve37 hicle exhaust emissions shall not exceed the levels specified in the fol38 lowing table. 


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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

Pollutant NMOG CO NOx PM* 

HCHO 

(formaldehyde) 

50,000 mile standard ................................................................ 0.075 3.4 0.2 ........ 0.015 

100,000 mile standard .............................................................. 0.090 4.2 0.3 0.08 0.018 

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. 

1 (b) EXHAUST STANDARDS FOR LIGHT-DUTY TRUCKS OF MORE THAN

2 3,750 POUNDS LOADED VEHICLE WEIGHT BUT NOT MORE THAN 5,750 

3 POUNDS LOADED VEHICLE WEIGHT AND NOT MORE THAN 6,000 POUNDS

4 GROSS VEHICLE WEIGHT RATING.— 

5 (1) APPLICABILITY.—The standards set forth in this subsection shall 

6 apply in the case of clean-fuel vehicles that are light-duty trucks of 

7 more than 3,750 pounds loaded vehicle weight but not more than 5,750 

8 pounds loaded vehicle weight and not more than 6,000 pounds gross 

9 vehicle weight rating. 

10 (2) STANDARDS.—For the air pollutants specified in the following 

11 table, the clean-fuel vehicle standards under this section shall provide 

12 that vehicle exhaust emissions shall not exceed the levels specified in 

13 the following table. 

CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY TRUCKS OF MORE THAN

3,750 LBS. LVW BUT NOT MORE THAN 5,750 LBS. LVW AND NOT MORE THAN 6,000 

LBS. GVWR 

Pollutant NMOG CO NOx PM* 

HCHO 

(formaldehyde) 

50,000 mile standard ................................................................ 0.100 4.4 0.4 ........ 0.018 

100,000 mile standard .............................................................. 0.130 5.5 0.5 0.08 0.023 

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. 

14 (c) EXHAUST STANDARDS FOR LIGHT-DUTY TRUCKS OF MORE THAN

15 6,000 POUNDS.—The standards set forth in this subsection shall apply in 

16 the case of clean-fuel vehicles that are light-duty trucks of more than 6,000 

17 pounds gross weight rating and less than or equal to 8,500 pounds gross 

18 weight rating, beginning with model year 1998. For the air pollutants speci19 fied in the following table, the clean-fuel vehicle standards under this section 

20 shall provide that vehicle exhaust emissions of vehicles within the test 

21 weight categories specified in the following table shall not exceed the levels 

22 specified in the table. 


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CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY TRUCKS GREATER THAN

6,000 LBS. GVWR 

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

Pollutant NMOG CO NOx PM* 

HCHO 

(formaldehyde) 

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 but not above 5,750 lbs. tw 

Pollutant NMOG CO NOx PM* 

HCHO 

(formaldehyde) 

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 tw but not above 8,500 lbs. gvwr 

Pollutant NMOG CO NOx PM* 

HCHO 

(formaldehyde) 

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. 

1 (d) FLEXIBLE AND DUAL-FUEL VEHICLES.— 

2 (1) IN GENERAL.—The Administrator shall establish standards and 

3 requirements under this section for vehicles weighing not more than 

4 8,500 pounds gross vehicle weight rating that are capable of operating 

5 on more than 1 fuel. The standards shall require that such vehicles 

6 meet the exhaust standards applicable under subsections (a), (b), and 

7 (c) for carbon monoxide, nitrogen oxides, formaldehyde, and, if appro8 priate, particulate matter for single-fuel vehicles of the same vehicle 

9 category and model year. 

10 (2) EXHAUST NMOG STANDARD FOR OPERATION ON CLEAN ALTER11 NATIVE FUEL.—In addition to standards for the pollutants described 

12 in paragraph (1), the standards established under paragraph (1) shall 

13 require that vehicle exhaust emissions of nonmethane organic gas not 

14 exceed the levels (expressed in grams per mile) specified in the tables 

15 below when the vehicle is operated on the clean alternative fuel for 

16 which the 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 and Light-duty Vehicles 

Vehicle Type 

Column A 

(50,000 mi.) 

Standard 

(gpm) 

Column B 

(100,000 mi.) 

Standard 

(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 


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NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES WHEN OPERATING ON

CLEAN ALTERNATIVE FUEL—Continued 

Light-duty Trucks up to 6,000 lbs. GVWR and Light-duty Vehicles 

Vehicle Type 

Column A 

(50,000 mi.) 

Standard 

(gpm) 

Column B 

(100,000 mi.) 

Standard 

(gpm) 

LDT’s (3,751–5,750 lbs. LVW) ................................................................ 0.100 0.130 

For standards under column A, for purposes of certification under section 221106 of this title, the applicable useful life shall be 50,000 miles. 

For standards under column B, for purposes of certification under section 221106 of this title, the applicable useful life shall be 100,000 miles. 

Light-duty Trucks More Than 6,000 lbs. GVWR 

Vehicle Type 

Column A 

(50,000 mi.) 

Standard 

(gpm) 

Column B 

(120,000 mi.) 

Standard 

(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 221106 of this title, the applicable useful life shall be 50,000 miles. 

For standards under column B, for purposes of certification under section 221106 of this title, the applicable useful life shall be 120,000 miles. 

1 (3) NMOG STANDARD FOR OPERATION ON CONVENTIONAL FUEL.— 

2 In addition to the standards described in paragraph (1), the standards 

3 established under paragraph (1) shall require that vehicle exhaust emis4 sions of nonmethane organic gas not exceed the levels (expressed in 

5 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 

Vehicle Type 

Column A 

(50,000 mi.) 

Standard 

(gpm) 

Column B 

(100,000 mi.) 

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 221106 of this title, the applicable useful life shall be 50,000 miles. 

For standards under column B, for purposes of certification under section 221106 of this title, the applicable useful life shall be 100,000 miles. 

Light-duty Trucks of up to 6,000 lbs. GVWR 

Vehicle Type 

Column A 

(50,000 mi.) 

Standard 

(gpm) 

Column B 

(120,000 mi.) 

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 221106 of this title, the applicable useful life shall be 50,000 miles. 

For standards under column B, for purposes of certification under section 221106 of this title, the applicable useful life shall be 120,000 miles. 

6 (e) REPLACEMENT BY CARB STANDARDS.— 

7 (1) SINGLE SET OF CARB STANDARDS.—If California promulgates 

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1 plicable in California pursuant to a waiver approved under section 

2 221109 of this title to any category of vehicles described in subsection 

3 (a), (b), (c), or (d) and that set of standards is, in the aggregate, at 

4 least as protective of public health and welfare as the otherwise applica5 ble standards set forth in section 225102 of this title and subsection 

6 (a), (b), (c), or (d), the California set of standards shall apply to clean7 fuel vehicles in that category in lieu of the standards otherwise applica8 ble under section 225102 of this title and subsection (a), (b), (c), or 

9 (d), as the case may be. 

10 (2) MULTIPLE SETS OF CARB STANDARDS.—If California promul11 gates regulations establishing and implementing several different sets 

12 of standards applicable in California pursuant to a waiver approved 

13 under section 221109 of this title to any category of vehicles described 

14 in subsection (a), (b), (c), or (d) and each of the California sets of 

15 standards is, in the aggregate, at least as protective of public health 

16 and welfare as the otherwise applicable standards set forth in section 

17 225102 of this title and subsection (a), (b), (c), or (d), those standards 

18 shall be treated as qualifying California standards for purposes of this 

19 paragraph. Where more than 1 set of qualifying standards are estab20 lished and administered by California, the least stringent set of quali21 fying California standards shall apply to the clean-fuel vehicles con22 cerned in lieu of the standards otherwise applicable to those vehicles 

23 under section 225102 of this title and this section. 

24 (f) LESS STRINGENT CARB STANDARDS.—If the Low-Emission Vehicle 

25 and Clean Fuels Regulations of the California Air Resources Board applica26 ble to any category of vehicles described in subsection (a), (b), (c), or (d) 

27 are modified after November 15, 1990, to provide an emission standard that 

28 is less stringent than the otherwise applicable standard set forth in sub29 section (a), (b), (c), or (d), or if any effective date contained in the regula30 tions is delayed, the modified standards or the delay (or both, as the case 

31 may be) shall apply, for an interim period, in lieu of the standard or effec32 tive date otherwise applicable under subsection (a), (b), (c), or (d) to any 

33 vehicles covered by the modified standard or delayed effective date. The in34 terim period shall be a period of not more than 2 model years after the ef35 fective date otherwise applicable under subsection (a), (b), (c), or (d). After 

36 the interim period, the otherwise applicable standard set forth in subsection 

37 (a), (b), (c), or (d) shall take effect with respect to those vehicles (unless 

38 subsequently replaced under subsection (e)). 

39 (g) NONAPPLICABILITY TO HEAVY-DUTY VEHICLES.—Notwithstanding 

40 any provision of the Low-Emission Vehicle and Clean Fuels Regulations of 

41 the California Air Resources Board, nothing in this section shall apply to 


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1 heavy-duty engines in vehicles of more than 8,500 pounds gross vehicle 

2 weight rating. 

3 § 225104. Administration and enforcement as per California 

4 standards 

5 (a) IN GENERAL.—Where the numerical clean-fuel vehicle standards ap6 plicable under this chapter to vehicles of not more than 8,500 pounds gross 

7 vehicle weight rating are the same as numerical emission standards applica8 ble in California under the Low-Emission Vehicle and Clean Fuels Regula9 tions of the California Air Resources Board, those standards shall be admin10 istered and enforced by the Administrator— 

11 (1) in the same manner and with the same flexibility as California 

12 administers and enforces corresponding standards applicable under the 

13 Low-Emission Vehicle and Clean Fuels Regulations of the California 

14 Air Resources Board; and 

15 (2) subject to the same requirements, and utilizing the same inter16 pretations and policy judgments, as are applicable in the case of the 

17 California standards, including requirements regarding certification, 

18 production-line testing, and in-use compliance; 

19 unless the Administrator determines (in promulgating the regulations estab20 lishing the clean-fuel vehicle program under this section) that any such ad21 ministration and enforcement would not meet the criteria for a waiver under 

22 section 221109 of this title. 

23 (b) HEAVY-DUTY VEHICLES.—Nothing in this section shall apply in the 

24 case of standards under section 225105 of this title for heavy-duty vehicles. 

25 § 225105. Standards for heavy-duty clean-fuel vehicles of 

26 more than 8,500 up to 26,000 pounds gross vehicle 

27 weight rating 

28 (a) COMBINED NITROGEN OXIDE AND NONMETHANE HYDROCARBON

29 STANDARD.—For classes or categories of heavy-duty vehicles or engines 

30 having a gross vehicle weight rating greater than 8,500 pounds and up to 

31 26,000 pounds gross vehicle weight rating, the standards under this chapter 

32 for clean-fuel vehicles shall require that combined emissions of nitrogen ox33 ides and nonmethane hydrocarbons shall not exceed 3.15 grams per brake 

34 horsepower hour. No standard shall be promulgated under this section for 

35 any heavy-duty vehicle of more than 26,000 pounds gross vehicle weight rat36 ing. 

37 (b) REVISED STANDARDS THAT ARE LESS STRINGENT.— 

38 (1) IN GENERAL.—The Administrator may promulgate a revised less 

39 stringent standard for the vehicles or engines described in subsection 

40 (a) if the Administrator determines that the 50 percent reduction re41 quired under subsection (a) is not technologically feasible for clean dieVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 sel-fueled vehicles and engines, taking into account durability, costs, 

2 lead time, safety, and other relevant factors. 

3 (2) PETITION.—Any person may at any time petition the Adminis4 trator to make a determination under paragraph (1). The Adminis5 trator shall act on such a petition within 6 months after the petition 

6 is filed. 

7 (3) PERCENTAGE REDUCTION.—Any revised less stringent standards 

8 promulgated under this subsection shall require at least a 30 percent 

9 reduction in lieu of the 50 percent reduction described in paragraph 

10 (1). 

11 § 225106. Centrally fueled fleets 

12 (a) DEFINITION OF COVERED AREA.—In this section: 

13 (1) IN GENERAL.—The term ‘‘covered area’’ means— 

14 (A) an ozone nonattainment area with a 1980 population of 

15 250,000 or more classified under subchapter II of chapter 215 as 

16 a serious area, severe area, or extreme area based on data for cal17 endar years 1987, 1988, and 1989; and 

18 (B) a carbon monoxide nonattainment area with a 1980 popu19 lation of 250,000 or more and a carbon monoxide design value at 

20 or above 16.0 parts per million based on data for calendar years 

21 1988 and 1989. 

22 (2) EXCLUSION.—The term ‘‘covered area’’ does not include a car23 bon monoxide nonattainment area in which mobile sources do not con24 tribute significantly to carbon monoxide exceedances. 

25 (3) INTERPRETATION METHODOLOGY.—In determining the areas to 

26 be treated as covered areas under paragraph (1), the Administrator 

27 shall use the most recent interpretation methodology issued by the Ad28 ministrator prior to November 15, 1990. 

29 (b) FLEET PROGRAM REQUIRED FOR COVERED AREAS.— 

30 (1) STATE IMPLEMENTATION PLAN PROVISION.—The implementation 

31 plan of each State in which there is located all or part of a covered 

32 area shall contain a provision establishing a clean-fuel vehicle program 

33 for fleets under this section. 

34 (2) PLAN PROVISIONS FOR RECLASSIFIED AREAS.—In the case of an 

35 ozone nonattainment areas reclassified as a serious area, severe area, 

36 or extreme area under chapter 215 with a 1980 population of 250,000 

37 or more, the State shall submit a plan provision meeting the require38 ments of this subsection within 1 year after reclassification. The plan 

39 provision shall implement the requirements applicable under this sub40 section at the time of reclassification and thereafter, except that the 


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1 Administrator may adjust for a limited period the deadlines for compli2 ance where compliance with those deadlines would be infeasible. 

3 (3) CONSULTATION; CONSIDERATION OF FACTORS.—Each State re4 quired to have an implementation plan provision under this subsection 

5 shall develop the provision in consultation with fleet operators, vehicle 

6 manufacturers, vehicle fuel producers and distributors, and other inter7 ested persons, taking into consideration operational range, specialty 

8 uses, vehicle and fuel availability, costs, safety, resale values of vehicles 

9 and equipment, and other relevant factors. 

10 (c) REQUIREMENTS.— 

11 (1) IN GENERAL.—The plan provision required under this section 

12 shall require that at least a specified percentage of all new covered fleet 

13 vehicles in model year 1998 and thereafter purchased by each covered 

14 fleet operator in each covered area shall be clean-fuel vehicles and shall 

15 use clean alternative fuels when operating in the covered area. 

16 (2) SPECIFIED PERCENTAGE.—For each model year, the specified 

17 percentage shall be as follows: 

18 (A) Light-duty trucks up to 6,000 pounds gross vehicle weight 

19 rating and light-duty vehicles: 70%. 

20 (B) Heavy-duty trucks above 8,500 pounds gross vehicle weight 

21 rating: 50%. 

22 (d) CHOICE OF VEHICLES AND FUEL.—The plan provision shall provide 

23 that the choice of clean-fuel vehicles and clean alternative fuels shall be 

24 made by the covered fleet operator subject to the requirements of subsection 

25 (c). 

26 (e) AVAILABILITY OF CLEAN ALTERNATIVE FUEL.—The plan provision 

27 shall require fuel providers to make clean alternative fuel available to cov28 ered fleet operators at locations at which covered fleet vehicles are centrally 

29 fueled. 

30 (f) CREDITS.— 

31 (1) ISSUANCE OF CREDITS.—The plan provision shall provide for the 

32 issuance by the State of appropriate credits to a fleet operator for any 

33 of the following (or any combination thereof): 

34 (A) The purchase of more clean-fuel vehicles than required 

35 under this section. 

36 (B) The purchase of clean-fuel vehicles that meet more strin37 gent standards established by the Administrator pursuant to para38 graph (4). 

39 (C) The purchase of vehicles in categories that are not covered 

40 by this section but that meet standards established for such vehi41 cles under paragraph (4). 


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1 (2) USE OF CREDITS; LIMITATIONS BASED ON WEIGHT CLASSES.— 

2 (A) USE OF CREDITS.—Credits under this subsection may be 

3 used by the person holding the credits to demonstrate compliance 

4 with this section or may be traded or sold for use by any other 

5 person to demonstrate compliance with other requirements appli6 cable under this section in the same nonattainment area. Credits 

7 obtained at any time may be held or banked for use at any later 

8 time, and when so used, the credits shall maintain the same value 

9 as if used at an earlier date. 

10 (B) LIMITATIONS BASED ON WEIGHT CLASSES.—Credits issued 

11 with respect to the purchase of vehicles of up to 8,500 pounds 

12 gross vehicle weight rating may not be used to demonstrate com13 pliance by any person with the requirements applicable under this 

14 subsection to vehicles of more than 8,500 pounds gross vehicle 

15 weight rating. Credits issued with respect to the purchase of vehi16 cles of more than 8,500 pounds gross vehicle weight rating may 

17 not be used to demonstrate compliance by any person with the re18 quirements applicable under this subsection to vehicles weighing 

19 up to 8,500 pounds gross vehicle weight rating. 

20 (C) WEIGHTING.—Credits issued for purchase of a clean-fuel 

21 vehicle under this subsection shall be adjusted with appropriate 

22 weighting to reflect the level of emission reduction achieved by the 

23 vehicle. 

24 (3) REGULATIONS; ADMINISTRATION.—The Administrator shall pro25 mulgate regulations for a credit program under this subsection. The 

26 State shall administer the credit program under this subsection. 

27 (4) STANDARDS FOR ISSUING CREDITS FOR CLEANER VEHICLES.— 

28 (A) IN GENERAL.—Solely for purposes of issuing credits under 

29 paragraph (1)(B), the Administrator shall establish under this 

30 paragraph standards for ultra-low emission vehicles and zero emis31 sion vehicles that are more stringent than the standard otherwise 

32 applicable to clean-fuel vehicles under this chapter. 

33 (B) CERTIFICATION; ADMINISTRATION; ENFORCEMENT.—The 

34 Administrator shall certify clean-fuel vehicles as complying with 

35 the more stringent standards, and administer and enforce the 

36 more stringent standards, in the same manner as in the case of 

37 the otherwise applicable clean-fuel vehicle standards established 

38 under this section. 

39 (C) CALIFORNIA STANDARDS.—The standards established by 

40 the Administrator under this paragraph for vehicles under 8,500 

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1 sible to standards established by California for ultra-low emission 

2 vehicles and zero emission vehicles in the same class. For vehicles 

3 of 8,500 pounds gross vehicle weight rating or greater, the Admin4 istrator shall promulgate comparable standards for purposes of 

5 this subsection. 

6 (5) EARLY FLEET CREDITS.—The plan provision shall provide cred7 its under this subsection to fleet operators that purchase vehicles cer8 tified to meet clean-fuel vehicle standards under this chapter during 

9 any period after approval of the plan provision and prior to the effec10 tive date of the fleet program under this section. 

11 (g) AVAILABILITY TO PUBLIC.—At any facility owned or operated by a 

12 department, agency, or instrumentality of the United States where vehicles 

13 subject to this subsection are supplied with clean alternative fuel, the fuel 

14 shall be offered for sale to the public for use in other vehicles during reason15 able business times and subject to national security concerns, unless such 

16 fuel is commercially available for vehicles in the vicinity of the Federal facil17 ity. 

18 (h) TRANSPORTATION CONTROL MEASURES.—The Administrator shall by 

19 regulation ensure that certain transportation control measures including 

20 time-of-day or day-of-week restrictions, and other similar measures that re21 strict vehicle usage, do not apply to any clean-fuel vehicle that meets the 

22 requirements of this section. This subsection shall apply notwithstanding 

23 subdivision 2. 

24 § 225107. Vehicle conversions 

25 (a) CONVERSION OF EXISTING AND NEW CONVENTIONAL VEHICLES TO

26 CLEAN-FUEL VEHICLES.— 

27 (1) IN GENERAL.—The requirements of section 225106 of this title 

28 may be met through the conversion of existing or new gasoline or die29 sel-powered vehicles to clean-fuel vehicles that comply with the applica30 ble requirements of that section. 

31 (2) TREATMENT AS PURCHASE.—For purposes of those requirements 

32 the conversion of a vehicle to a clean-fuel vehicle shall be treated as 

33 the purchase of a clean-fuel vehicle. 

34 (3) EFFECT OF CHAPTER.—Nothing in this chapter shall be con35 strued to provide that any covered fleet operator subject to fleet vehicle 

36 purchase requirements under section 225106 of this title shall be re37 quired to convert existing or new gasoline or diesel-powered vehicles to 

38 clean-fuel vehicles or to purchase converted vehicles. 

39 (b) REGULATIONS.— 

40 (1) IN GENERAL.—The Administrator shall, consistent with the re41 quirements of this subdivision applicable to new vehicles, promulgate 


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1 regulations governing conversions of conventional vehicles to clean-fuel 

2 vehicles. 

3 (2) CONTENTS.—The regulations shall— 

4 (A) establish criteria for such conversions that will ensure that 

5 a converted vehicle will comply with the standards applicable 

6 under this chapter to clean-fuel vehicles; and 

7 (B) provide for the application to such conversions of the same 

8 provisions of this subdivision (including provisions relating to ad9 ministration and enforcement) as are applicable to standards 

10 under sections 225102, 225103, 225104, and 225105 of this title, 

11 except that in the case of conversions the Administrator may mod12 ify the applicable regulations implementing those provisions as the 

13 Administrator considers necessary to implement this chapter. 

14 (c) ENFORCEMENT.— 

15 (1) IN GENERAL.—A person that converts conventional vehicles to 

16 clean-fuel vehicles pursuant to subsection (b) shall be considered to be 

17 a manufacturer for purposes of sections 221106 and 221107 of this 

18 title and related enforcement provisions. 

19 (2) EFFECT OF PARAGRAPH.—Nothing in paragraph (1) shall re20 quire a person that performs such conversions to warrant any part or 

21 operation of a vehicle other than as required under this chapter. Noth22 ing in this paragraph shall limit the applicability of any other warranty 

23 to unrelated parts or operations. 

24 (d) TAMPERING.—The conversion from a vehicle capable of operating on 

25 gasoline or diesel fuel only to a clean-fuel vehicle shall not be considered 

26 a violation of section 221103(a)(1)(C) of this title if the conversion complies 

27 with the regulations promulgated under subsection (b). 

28 (e) SAFETY.—The Secretary of Transportation shall, if necessary, pro29 mulgate regulations under applicable motor vehicle laws regarding the safety 

30 of vehicles converted from existing and new vehicles to clean-fuel vehicles. 

31 § 225108. Federal agency fleets 

32 (a) ADDITIONAL PROVISIONS APPLICABLE.—This section shall apply, in 

33 addition to the other provisions of this chapter, in the case of covered fleet 

34 vehicles owned or operated by an agency, department, or instrumentality of 

35 the United States, except as otherwise provided in subsection (e). 

36 (b) COST OF VEHICLES TO FEDERAL AGENCY.—Notwithstanding section 

37 604 of title 40, the Administrator of General Services shall not include the 

38 incremental costs of clean-fuel vehicles in the amount to be reimbursed to 

39 Federal agencies if the Administrator of General Services determines that 

40 amounts appropriated under subsection (g) are sufficient to provide for the 


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1 incremental cost of such vehicles over the cost of comparable conventional 

2 vehicles. 

3 (c) LIMITATIONS ON APPROPRIATIONS.—Amounts appropriated under 

4 subsection (g) shall be applicable only to— 

5 (1) the portion of the costs of acquisition, maintenance, and oper6 ation of clean-fuel vehicles that exceeds the cost of acquisition, mainte7 nance, and operation of comparable conventional vehicles; 

8 (2) the portion of the costs of fuel storage and dispensing equipment 

9 attributable to clean-fuel vehicles that exceeds the costs for those pur10 poses required for conventional vehicles; and 

11 (3) the portion of the costs of acquisition of clean-fuel vehicles that 

12 represents a reduction in revenue from the disposal of clean-fuel vehi13 cles as compared with revenue resulting from the disposal of com14 parable conventional vehicles. 

15 (d) VEHICLE COSTS.—The incremental cost of clean-fuel vehicles over the 

16 cost of comparable conventional vehicles shall not be applied to any calcula17 tion with respect to a limitation under law on the maximum cost of indi18 vidual vehicles that may be required by the United States. 

19 (e) EXEMPTIONS.—The requirements of this chapter shall not apply to 

20 vehicles with respect to which the Secretary of Defense certifies to the Ad21 ministrator that an exemption is needed based on national security consider22 ations. 

23 (f) ACQUISITION REQUIREMENT.—Federal agencies, to the extent prac24 ticable, shall obtain clean-fuel vehicles from original equipment manufactur25 ers. 

26 (g) AUTHORIZATION OF APPROPRIATIONS.— 

27 (1) IN GENERAL.—There are authorized to be appropriated such 

28 sums as are required to carry out this section. 

29 (2) ADDITION TO ACQUISITION SERVICES FUND.—Such sums as are 

30 appropriated for the Administrator of General Services to carry out 

31 this section shall be added to the Acquisition Services Fund established 

32 by section 321 of title 40. 

33 § 225109. California pilot test program 

34 (a) ESTABLISHMENT.—The Administrator shall establish a pilot program 

35 in California to demonstrate the effectiveness of clean-fuel vehicles in con36 trolling air pollution in ozone nonattainment areas. 

37 (b) APPLICABILITY.—This section shall apply— 

38 (1) only to light-duty trucks and light-duty vehicles; and 

39 (2) only in California, except as provided in subsection (f). 

40 (c) PROGRAM REQUIREMENTS.— 


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1 (1) IN GENERAL.—The Administrator shall promulgate regulations 

2 establishing requirements under this section applicable in California. 

3 (2) CLEAN-FUEL VEHICLES.—The regulations shall provide that 

4 clean-fuel vehicles shall be produced, sold, and distributed (in accord5 ance with normal business practices and applicable franchise agree6 ments) to ultimate purchasers in California (including owners of cov7 ered fleets under section 225106 of this title) in numbers that meet 

8 or exceed 300,000 in each model year. 

9 (3) CLEAN ALTERNATIVE FUELS.— 

10 (A) SIP.—The California implementation plan shall include a 

11 clean fuel plan that requires that clean alternative fuels on which 

12 the clean-fuel vehicles required under this section can operate shall 

13 be produced and distributed by fuel suppliers and made available 

14 in California. 

15 (B) SUFFICIENCY.—At a minimum, sufficient clean alternative 

16 fuels shall be produced, distributed, and made available to ensure 

17 that all clean-fuel vehicles required under this section can operate, 

18 to the maximum extent practicable, exclusively on such fuels in 

19 California. The State shall require that clean alternative fuels be 

20 made available and offered for sale at an adequate number of loca21 tions with sufficient geographic distribution to ensure convenient 

22 refueling with clean alternative fuels, considering the number of, 

23 and type of, such vehicles sold and the geographic distribution of 

24 such vehicles within the State. 

25 (C) DETERMINATION.—The State shall determine the clean al26 ternative fuels to be produced, distributed, and made available 

27 based on motor vehicle manufacturers’ projections of future sales 

28 of such vehicles and consultations with the affected local govern29 ments and fuel suppliers. 

30 (D) CREDITS.—The State may by regulation grant persons sub31 ject to the requirements prescribed under this paragraph an ap32 propriate amount of credits for exceeding the requirements, and 

33 any person granted credits may transfer some or all of the credits 

34 for use by 1 or more persons in demonstrating compliance with 

35 the requirements. The State may make the credits available for 

36 use after consideration of enforceability, environmental, and eco37 nomic factors and on such terms and conditions as the State finds 

38 appropriate. 

39 (E) SPECIFICATIONS.—The State may by regulation establish 

40 specifications for any clean alternative fuel produced and made 

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1 duce or eliminate an unreasonable risk to public health, welfare, 

2 or safety associated with its use or to ensure acceptable vehicle 

3 maintenance and performance characteristics. 

4 (F) UNDERGROUND STORAGE TANKS.—If a retail gasoline dis5 pensing facility would have to remove or replace 1 or more motor 

6 vehicle fuel underground storage tanks and accompanying piping 

7 to comply with this section, and it had removed and replaced the 

8 tank or tanks and accompanying piping to comply with subtitle I 

9 of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) before 

10 November 15, 1990, it shall not be required to comply with this 

11 subsection until a period of 7 years has passed from the date of 

12 the removal and replacement of the tank or tanks. 

13 (G) EFFECT OF SECTION.—Nothing in this section authorizes 

14 any State other than California to adopt provisions regarding 

15 clean alternative fuels. 

16 (H) FAILURE OF STATE TO MAINTAIN CLEAN AIR PROGRAM.— 

17 If California fails to adopt a clean fuel program that meets the 

18 requirements of this paragraph, the Administrator shall establish 

19 a clean fuel program for California under this paragraph and sec20 tion 211110(c) of this title that meets the requirements of this 

21 paragraph. 

22 (d) CREDITS FOR MOTOR VEHICLE MANUFACTURERS.— 

23 (1) IN GENERAL.— 

24 (A) GRANT OF CREDITS.—The Administrator may by regulation 

25 grant a motor vehicle manufacturer an appropriate amount of 

26 credits toward fulfillment of the manufacturer’s share of the re27 quirements of subsection (c)(2) for either of the following (or any 

28 combination thereof): 

29 (i) The sale of more clean-fuel vehicles than is required 

30 under subsection (c)(2). 

31 (ii) The sale of clean-fuel vehicles that meet standards es32 tablished by the Administrator as provided in paragraph (3) 

33 that are more stringent than the clean-fuel vehicle standards 

34 otherwise applicable to clean-fuel vehicles. 

35 (B) USE OF CREDITS.—A manufacturer granted credits under 

36 subparagraph (A) may transfer some or all of the credits for use 

37 by 1 or more other manufacturers in demonstrating compliance 

38 with the requirements prescribed under this section. 

39 (C) CONSIDERATIONS.—The Administrator may make the cred40 its available for use after consideration of enforceability, environVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 mental, and economic factors and on such terms and conditions 

2 as the Administrator finds appropriate. 

3 (D) OTHER REQUIREMENTS OR CREDITS.—The Administrator 

4 shall grant credits in accordance with this paragraph notwith5 standing any requirements of State law or any credits granted 

6 with respect to the same vehicles under any State law (including 

7 a regulation). 

8 (2) ADMINISTRATION; REGULATIONS.—The Administrator shall ad9 minister the credit program established under this subsection. The Ad10 ministrator shall promulgate regulations for the credit program. 

11 (3) STANDARDS FOR ISSUING CREDITS FOR CLEANER VEHICLES.— 

12 The more stringent standards and other requirements (including re13 quirements relating to the weighting of credits) established by the Ad14 ministrator for purposes of the credit program under section 225106(f) 

15 of this title shall apply for purposes of the credit program under this 

16 subsection. 

17 (e) NO EXTENSION OR TERMINATION BY ADMINISTRATOR; NONAPPLICA18 BILITY OF SECTION 215109.— 

19 (1) NO EXTENSION OR TERMINATION BY ADMINISTRATOR.—The pro20 gram under this section cannot be extended or terminated by the Ad21 ministrator except by Act of Congress enacted after November 15, 

22 1990. 

23 (2) NONAPPLICABILITY OF SECTION 215109.—Section 215109 of this 

24 title does not apply to the program under this section. 

25 (f) VOLUNTARY OPT-IN FOR OTHER STATES.— 

26 (1) REGULATIONS.—The Administrator shall promulgate regulations 

27 establishing a voluntary opt-in program under this subsection pursuant 

28 to which— 

29 (A) clean-fuel vehicles that are required to be produced, sold, 

30 and distributed in California under this section; and 

31 (B) clean alternative fuels required to be produced and distrib32 uted under this section by fuel suppliers and made available in 

33 California; 

34 may also be sold and used in other States that have an implementation 

35 plan provision under paragraph (2). 

36 (2) PLAN PROVISION.—Any State in which there is located all or 

37 part of an ozone nonattainment area classified under chapter 215 as 

38 a serious area, severe area, or extreme area may include in its imple39 mentation plan a provision under which incentives are provided for the 

40 sale or use in the ozone nonattainment area or State of clean-fuel vehi41 cles that are required to be produced, sold, and distributed in CaliVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00462 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 fornia, and for the use in the ozone nonattainment area or State of 

2 clean alternative fuels required to be produced and distributed by fuel 

3 suppliers and made available in California. Such a plan provision shall 

4 not take effect until 1 year after the State has provided notice of the 

5 provision to motor vehicle manufacturers and to fuel suppliers. 

6 (3) INCENTIVES.— 

7 (A) IN GENERAL.—The incentives under paragraph (2) may in8 clude any or all of the following: 

9 (i) A State registration fee on new motor vehicles reg10 istered in the State that are not clean-fuel vehicles in the 

11 amount of at least 1 percent of the cost of the vehicle. 

12 (ii) Provisions to exempt clean-fuel vehicles from high occu13 pancy vehicle or trip reduction requirements. 

14 (iii) Provisions to provide preference in the use of existing 

15 parking spaces for clean-fuel vehicles. 

16 (B) USE OF PROCEEDS.—The proceeds of a fee under subpara17 graph (A)(i) shall be used to provide financial incentives to pur18 chasers of clean-fuel vehicles and to vehicle dealers that sell high 

19 volumes or high percentages of clean-fuel vehicles and to defray 

20 the administrative costs of the incentive program. 

21 (C) COVERED FLEET VEHICLES.—The incentives under this 

22 paragraph shall not apply in the case of covered fleet vehicles. 

23 (4) NO SALES OR PRODUCTION MANDATE.—The regulations and 

24 plan provisions under paragraphs (1) and (2) shall not include any pro25 duction or sales mandate for clean-fuel vehicles or clean alternative 

26 fuels. The regulations and plan provisions shall provide that vehicle 

27 manufacturers and fuel suppliers may not be subject to penalties or 

28 sanctions for failing to produce or sell clean-fuel vehicles or clean alter29 native fuels. 

30 § 225110. General provisions 

31 (a) STATE REFUELING FACILITIES.—If any State adopts an enforceable 

32 provision in an implementation plan applicable to a nonattainment area that 

33 provides that existing State refueling facilities will be made available to the 

34 public for the purchase of clean alternative fuels or that State-operated re35 fueling facilities for clean alternative fuels will be constructed and operated 

36 by the State and made available to the public at reasonable times, taking 

37 into consideration safety, costs, and other relevant factors, in approving the 

38 plan under section 211110 of this title and chapter 215 the Administrator 

39 may credit a State with the emission reductions attributable to those actions 

40 for purposes of chapter 215. 


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1 (b) NO PRODUCTION MANDATE.—The Administrator shall have no au2 thority under this chapter to mandate the production of clean-fuel vehicles 

3 except as provided in the California pilot test program or to specify as appli4 cable the models, lines, or types of, or marketing or price practices, policies, 

5 or strategies for, vehicles subject to this chapter. Nothing in this chapter 

6 shall be construed to give the Administrator authority to mandate mar7 keting or pricing practices, policies, or strategies for fuels. 

8 (c) TANK AND FUEL SYSTEM SAFETY.—The Secretary of Transportation 

9 shall, in accordance with chapter 301 of title 49, promulgate regulations re10 garding the safety and use of fuel storage cylinders and fuel systems, in11 cluding appropriate testing and retesting, in conversions of motor vehicles. 

12 (d) COORDINATION WITH SECRETARY OF ENERGY AND SECRETARY OF

13 TRANSPORTATION.—The Administrator shall coordinate with the Secretary 

14 of Energy and the Secretary of Transportation in carrying out the Adminis15 trator’s duties under this chapter. 

16 Subdivision 4—Noise Pollution 

17 Chapter 231—Noise Pollution 

Sec. 

231101. Abatement of noise from Federal activities. 

18 § 231101. Abatement of noise from Federal activities 

19 In any case where a Federal department or agency is carrying out or 

20 sponsoring an activity resulting in noise that the Administrator determines 

21 amounts to a public nuisance or is otherwise objectionable, the department 

22 or agency shall consult with the Administrator to determine possible means 

23 of abating the noise. 

24 Subdivision 5—Acid Deposition Control 

25 Chapter 233—Acid Deposition Control 

Sec. 

233101. Findings and purposes. 

233102. Definitions. 

233103. Sulfur dioxide allowance program for existing units and new units. 

233104. Conservation and renewable energy reserve; alternative allowance allocation for units 

in certain utility systems with optional baseline. 

233105. Phase II sulfur dioxide requirements. 

233106. Allowances for States with emission rates at or below 0.80 pound per million British 

thermal units. 

233107. Nitrogen oxide emission reduction program. 

233108. Permits and compliance plans. 

233109. Election for additional sources. 

233110. Excess emission penalty; excess emission offset. 

233111. Monitoring, reporting, and recordkeeping requirements. 

233112. General compliance with other provisions. 

233113. Enforcement. 

233114. Clean coal technology regulatory incentives. 

233115. Contingency guarantee; auctions; reserve. 

26 § 233101. Findings and purposes 

27 (a) FINDINGS.—Congress finds that— 


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1 (1) the presence of acidic compounds and their precursors in the at2 mosphere and in deposition from the atmosphere represents a threat 

3 to natural resources, ecosystems, materials, visibility, and public health; 

4 (2) the principal sources of the acidic compounds and their precur5 sors in the atmosphere are emissions of sulfur and nitrogen oxides from 

6 the combustion of fossil fuels; 

7 (3) the problem of acid deposition is of national and international 

8 significance; 

9 (4) there exist strategies and technologies for the control of precur10 sors to acid deposition that are economically feasible; 

11 (5) current and future generations of Americans would be adversely 

12 affected by delaying measures to remedy the problem; 

13 (6) reduction of total atmospheric loading of sulfur dioxide and ni14 trogen oxides will enhance protection of the public health and welfare 

15 and the environment; and 

16 (7) steam-electric generating units should use control measures to re17 duce precursor emissions. 

18 (b) PURPOSES.— 

19 (1) EMISSION REDUCTIONS.— 

20 (A) IN GENERAL.—A purpose of this subdivision is to reduce 

21 the adverse effects of acid deposition through reductions in annual 

22 emissions of sulfur dioxide of 10,000,000 tons from 1980 emission 

23 levels, and, in combination with other provisions of this division, 

24 of nitrogen oxides emissions of approximately 2,000,000 tons from 

25 1980 emission levels, in the 48 contiguous States and the District 

26 of Columbia. 

27 (B) INTENT.—It is the intent of this subdivision to effectuate 

28 the reductions described in subparagraph (A) by requiring compli29 ance by affected sources with prescribed emission limitations by 

30 specified deadlines, which limitations may be met through alter31 native methods of compliance provided by an emission allocation 

32 and transfer system. 

33 (2) ENERGY CONSERVATION, USE OF RENEWABLE AND CLEAN AL34 TERNATIVE TECHNOLOGIES, AND POLLUTION PREVENTION.—A purpose 

35 of this subdivision is to encourage energy conservation, use of renew36 able and clean alternative technologies, and pollution prevention as a 

37 long-range strategy, consistent with this subdivision, for reducing air 

38 pollution and other adverse impacts of energy production and use. 

39 § 233102. Definitions 

40 In this subdivision: 

41 (1) ACTUAL 1985 SULFUR DIOXIDE EMISSION RATE.— 


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1 (A) UTILITY UNITS.—The term ‘‘actual 1985 sulfur dioxide 

2 emission rate’’, with respect to a utility unit, means the 1985 sul3 fur dioxide emission rate in pounds per million British thermal 

4 units as reported for the utility unit in the NAPAP Emissions In5 ventory, Version 2, National Utility Reference File. 

6 (B) NONUTILITY UNITS.—The term ‘‘actual 1985 sulfur dioxide 

7 emission rate’’, with respect to a nonutility unit, means the 1985 

8 sulfur dioxide emission rate in pounds per million British thermal 

9 units as reported for the nonutility unit in the NAPAP Emissions 

10 Inventory, Version 2. 

11 (2) AFFECTED SOURCE.—The term ‘‘affected source’’ means a 

12 source that includes 1 or more affected units. 

13 (3) AFFECTED UNIT.—The term ‘‘affected unit’’ means a unit that 

14 is subject to emission reduction requirements or limitations under this 

15 subdivision. 

16 (4) ALLOWABLE 1985 SULFUR DIOXIDE EMISSION RATE.— 

17 (A) IN GENERAL.—The term ‘‘allowable 1985 sulfur dioxide 

18 emission rate’’, with respect to a unit, means— 

19 (i) a federally enforceable emission limitation for sulfur di20 oxide applicable to the unit in 1985; or 

21 (ii) the limitation applicable in such year after 1985 as the 

22 Administrator may determine if a limitation described in 

23 clause (i) for 1985 does not exist. 

24 (B) EMISSION LIMITATION NOT EXPRESSED IN POUNDS OF

25 EMISSIONS PER MILLION BRITISH THERMAL UNITS OR AVERAGING

26 PERIOD NOT EXPRESSED ON AN ANNUAL BASIS.—If the emission 

27 limitation for a unit is not expressed in pounds of emissions per 

28 million British thermal units or the averaging period of the emis29 sion limitation is not expressed on an annual basis, the Adminis30 trator shall calculate the annual equivalent of that emission limita31 tion in pounds per million British thermal units to establish the 

32 allowable 1985 sulfur dioxide emission rate. 

33 (5) ALLOWANCE.—The term ‘‘allowance’’ means an authorization, 

34 allocated to an affected unit by the Administrator under this subdivi35 sion, to emit, during or after a specified calendar year, 1 ton of sulfur 

36 dioxide. 

37 (6) BASELINE.—The term ‘‘baseline’’ means the annual quantity of 

38 fossil fuel consumed by an affected unit, measured in millions of Brit39 ish thermal units, calculated as follows: 

40 (A) UTILITY UNITS.— 


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1 (i) IN GENERAL.—For a utility unit that was in commercial 

2 operation prior to January 1, 1985, the baseline is the annual 

3 average quantity of million British thermal units consumed in 

4 fuel during calendar years 1985, 1986, and 1987, as recorded 

5 by the Department of Energy pursuant to Form EIA–767. 

6 (ii) FORM EIA–767 NOT FILED.—For a utility unit for 

7 which a Form EIA–767 was not filed, the baseline is the level 

8 specified for the unit in— 

9 (I) the 1985 NAPAP Emissions Inventory, Version 2, 

10 National Utility Reference File; or 

11 (II) a corrected database established by the Adminis12 trator pursuant to subparagraph (E). 

13 (B) NONUTILITY UNITS.— 

14 (i) IN GENERAL.—For nonutility units, the baseline is the 

15 NAPAP Emissions Inventory, Version 2. 

16 (ii) NONUTILITY UNITS NOT INCLUDED IN THE NAPAP

17 EMISSIONS INVENTORY, VERSION 2, OR A CORRECTED DATA18 BASE.—For a nonutility unit that is not included in the 

19 NAPAP Emissions Inventory, Version 2, or a corrected data20 base established by the Administrator pursuant to subpara21 graph (E), the baseline is the annual average quantity, in mil22 lion British thermal units consumed in fuel by the unit, as 

23 calculated pursuant to a method that the Administrator shall 

24 prescribe by regulation. 

25 (C) EXCLUSION OF SHUTDOWN PERIODS OF 4 MONTHS OR

26 LONGER.—The Administrator may exclude periods during which a 

27 unit is shut down for a continuous period of 4 calendar months 

28 or longer and make appropriate adjustments under this para29 graph. 

30 (D) ADJUSTMENT FOR ACCIDENTS.—On petition of the owner 

31 or operator of a unit, the Administrator may make appropriate 

32 baseline adjustments for accidents that caused prolonged outages. 

33 (E) DATABASE.—The Administrator shall, on application or on 

34 the Administrator’s own motion, supplement data needed in sup35 port of this subdivision and correct any factual errors in data from 

36 which affected Phase II units’ baselines or actual 1985 sulfur di37 oxide emission rates have been calculated. Corrected data shall be 

38 used for purposes of issuing allowances under this subdivision. 

39 The corrections shall not be subject to judicial review, nor shall 

40 the failure of the Administrator to correct an alleged factual error 

41 in the reports be subject to judicial review. 


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1 (7) BASIC PHASE II ALLOWANCE ALLOCATION.—The term ‘‘basic 

2 Phase II allowance allocation’’ means— 

3 (A) for calendar years 2000 to 2009, an allocation of allowances 

4 made by the Administrator pursuant to section 233103 of this 

5 title and paragraph (1), (3), or (4) of subsection (b), paragraph 

6 (1), (2), (3), or (5) of subsection (c), paragraph (1), (2), (4), or 

7 (5) of subsection (d), subsection (e) or (f), paragraph (1), (2), (3), 

8 (4), or (5) of subsection (g), or subsection (h)(1), (i), or (j) of sec9 tion 233105 of this title; and 

10 (B) for each calendar year beginning in 2010, an allocation of 

11 allowances made by the Administrator pursuant to section 233103 

12 of this title and paragraph (1), (3), or (4) of subsection (b), para13 graph (1), (2), (3), or (5) of subsection (c), paragraph (1), (2), 

14 (4), or (5) of subsection (d), subsection (e) or (f), paragraph (1), 

15 (2), (3), (4), or (5) of subsection (g), paragraph (1) or (2)(B) of 

16 subsection (h), or subsection (i) or (j) of section 233105 of this 

17 title. 

18 (8) CAPACITY FACTOR.—The term ‘‘capacity factor’’ means the ratio 

19 of the actual electric output from a unit to the potential electric output 

20 from that unit. 

21 (9) COMMENCE.—The term ‘‘commence’’, as applied to construction 

22 of a new electric utility unit by an owner or operator, means to— 

23 (A) undertake a continuous program of construction; or 

24 (B) enter into a contractual obligation to undertake and com25 plete, within a reasonable time, a continuous program of construc26 tion. 

27 (10) COMMENCE COMMERCIAL OPERATION.—The term ‘‘commence 

28 commercial operation’’ means to begin to generate electricity for sale. 

29 (11) COMPLIANCE PLAN.—The term ‘‘compliance plan’’ means, for 

30 purposes of the requirements of this subdivision— 

31 (A) a statement that a source will comply with all applicable re32 quirements under this subdivision; or 

33 (B) where applicable, a schedule and description of the method 

34 or methods for compliance and certification by an owner or oper35 ator that a source is in compliance with the requirements of this 

36 subdivision. 

37 (12) CONSTRUCTION.—The term ‘‘construction’’ means fabrication, 

38 erection, or installation of an affected unit. 

39 (13) CONTINUOUS EMISSION MONITORING SYSTEM.—The term ‘‘con40 tinuous emission monitoring system’’ means the equipment, as required 

41 by section 233111 of this title, used to sample, analyze, measure, and 


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1 provide on a continuous basis a permanent record of emissions and 

2 flow (expressed in pounds per million British thermal units, pounds per 

3 hour, or such other form as the Administrator may prescribe by regula4 tions under section 233111 of this title). 

5 (14) DESIGNATED REPRESENTATIVE.—The term ‘‘designated rep6 resentative’’ means a responsible person or official authorized by the 

7 owner or operator of a unit to represent the owner or operator in mat8 ters pertaining to the holding, transfer, or disposition of allowances al9 located to a unit and the submission of and compliance with permits, 

10 permit applications, and compliance plans for the unit. 

11 (15) EXISTING UNIT.— 

12 (A) IN GENERAL.—The term ‘‘existing unit’’ means a unit (in13 cluding a unit subject to section 211111 of this title) that com14 menced commercial operation before November 15, 1990. Any unit 

15 that commenced commercial operation before November 15, 1990, 

16 that is modified, reconstructed, or repowered after November 15, 

17 1990, shall continue to be an existing unit for the purposes of this 

18 subdivision. 

19 (B) EXCLUSIONS.—The term ‘‘existing unit’’ does not include 

20 a simple combustion turbine or a unit that serves a generator with 

21 a nameplate capacity of 25 megawatts electric or less. 

22 (16) EXISTING UTILITY UNIT.—The term ‘‘existing utility unit’’ 

23 means an existing unit that is a utility unit. 

24 (17) GENERATOR.—The term ‘‘generator’’ means a device that pro25 duces electricity and that is reported as a generating unit pursuant to 

26 Department of Energy Form EIA–860. 

27 (18) INDUSTRIAL SOURCE.—The term ‘‘industrial source’’ means a 

28 unit that does not serve a generator that produces electricity, a non29 utility unit, or a process source (as defined in section 233109 of this 

30 title). 

31 (19) LIFE-OF-THE-UNIT, FIRM POWER CONTRACTUAL ARRANGE32 MENT.—The term ‘‘life-of-the-unit, firm power contractual arrange33 ment’’ means a unit participation power sales agreement under which 

34 a utility or industrial customer reserves, or is entitled to receive, a 

35 specified amount or percentage of capacity and associated energy gen36 erated by a specified generating unit (or units) and pays its propor37 tional amount of the unit’s total costs, pursuant to a contract— 

38 (A) for the life of the unit; 

39 (B) for a cumulative term of not less than 30 years, including 

40 contracts that permit an election for early termination; or 


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1 (C) for a period equal to or greater than 25 years or 70 percent 

2 of the economic useful life of the unit determined as of the time 

3 the unit is built, with option rights to purchase or re-lease a por4 tion of the capacity and associated energy generated by the unit 

5 (or units) at the end of the period. 

6 (20) NAPAP.—The term ‘‘NAPAP’’ means the National Acid Pre7 cipitation Assessment Program. 

8 (21) NEW UNIT.—The term ‘‘new unit’’ means a unit that com9 mences commercial operation on or after November 15, 1990. 

10 (22) NEW UTILITY UNIT.—The term ‘‘new utility unit’’ means a new 

11 unit that is a utility unit. 

12 (23) NONUTILITY UNIT.—The term ‘‘nonutility unit’’ means a unit 

13 other than a utility unit. 

14 (24) PERMITTING AUTHORITY.—The term ‘‘permitting authority’’ 

15 means— 

16 (A) the Administrator; or 

17 (B) a State or local air pollution control agency, with an ap18 proved permitting program under subdivision 6. 

19 (25) PHASE II BONUS ALLOWANCE ALLOCATION.—The term ‘‘Phase 

20 II bonus allowance allocation’’ means, for calendars years 2000 

21 through 2009, an allocation made by the Administrator pursuant to— 

22 (A) section 233103 of this title; 

23 (B) subsections (a)(2), (b)(2), (c)(4), (d)(3) (except as other24 wise provided therein), and (h)(2) of section 233105 of this title; 

25 or 

26 (C) section 233106 of this title. 

27 (26) QUALIFYING PHASE I TECHNOLOGY.—The term ‘‘qualifying 

28 phase I technology’’ means a technological system of continuous emis29 sion reduction that achieves a 90 percent reduction in emissions of sul30 fur dioxide from the emissions that would have resulted from the use 

31 of fuels that were not subject to treatment prior to combustion. 

32 (27) REPOWER.— 

33 (A) IN GENERAL.—The term ‘‘repower’’ means— 

34 (i) to replace an existing coal-fired boiler with 1 of the 

35 clean coal technologies described in subparagraph (B); or 

36 (ii) to be an oil- or gas-fired unit that was awarded clean 

37 coal technology demonstration funding as of January 1, 1991, 

38 by the Department of Energy. 

39 (B) CLEAN COAL TECHNOLOGIES.—The clean coal technologies 

40 described in subparagraph (A)(i) are— 


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1 (i) atmospheric or pressurized fluidized bed combustion 

2 technology; 

3 (ii) integrated gasification combined cycle technology; 

4 (iii) magnetohydrodynamic technology; 

5 (iv) direct and indirect coal-fired turbine technology; 

6 (v) integrated gasification fuel cell technology; 

7 (vi) a derivative of 1 or more of the technologies described 

8 in clauses (i) through (v), as determined by the Administrator 

9 in consultation with the Secretary of Energy; and 

10 (vii) any other technology capable of controlling multiple 

11 combustion emissions simultaneously with improved boiler or 

12 generation efficiency and with significantly greater waste re13 duction relative to the performance of technology in wide14 spread commercial use as of November 15, 1990. 

15 (28) RESERVE.—The term ‘‘reserve’’ means a bank of allowances es16 tablished by the Administrator under this subdivision. 

17 (29) STATE.—The term ‘‘State’’ means 1 of the 48 contiguous 

18 States and the District of Columbia. 

19 (30) UNIT.—The term ‘‘unit’’ means a fossil fuel-fired combustion 

20 device used to generate electricity. 

21 (31) UTILITY UNIT.— 

22 (A) IN GENERAL.—The term ‘‘utility unit’’ means— 

23 (i) a unit that serves a generator in any State that pro24 duces electricity for sale; or 

25 (ii) a unit that, during 1985, served a generator in any 

26 State that produced electricity for sale. 

27 (B) EXCLUSIONS.—The term ‘‘utility unit’’ does not include— 

28 (i) a unit that— 

29 (I) was in commercial operation during 1985; but 

30 (II) did not, during 1985, serve a generator in any 

31 State that produced electricity for sale; or 

32 (ii) a unit that cogenerates steam and electricity, unless the 

33 unit is constructed for the purpose of supplying, or com34 mences construction after November 15, 1990, and supplies, 

more than 1 35 ⁄3 of its potential electric output capacity and 

36 more than 25 megawatts electrical output to any utility power 

37 distribution system for sale. 

38 § 233103. Sulfur dioxide allowance program for existing 

39 units and new units 

40 (a) ALLOCATIONS OF ANNUAL ALLOWANCES FOR EXISTING UNITS AND

41 NEW UNITS.— 


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1 (1) IN GENERAL.—For the emission limitation programs under this 

2 subdivision, the Administrator shall allocate annual allowances for the 

3 unit, to be held or distributed by the designated representative of the 

4 owner or operator of each affected unit at an affected source in accord5 ance with this subdivision, in an amount equal to the annual tonnage 

6 emission limitation calculated under section 233105, 233106, or 

7 233109 of this title except as otherwise specifically provided elsewhere 

8 in this subdivision. 

9 (2) TOTAL ANNUAL EMISSIONS.— 

10 (A) IN GENERAL.—Except as provided in paragraphs (2) and 

11 (3) of section 233105(a) and section 233109 of this title, the Ad12 ministrator shall not allocate annual allowances to emit sulfur di13 oxide pursuant to section 233105 of this title in such an amount 

14 as would result in total annual emissions of sulfur dioxide from 

15 utility units in excess of 8,900,000 tons, except that the Adminis16 trator shall not take into account unused allowances carried for17 ward by owners and operators of affected units or by other per18 sons holding such allowances, following the year for which they 

19 were allocated. 

20 (B) REDUCTION IN BASIC PHASE II ALLOWANCE ALLOCA21 TIONS.—If necessary to meet the restrictions imposed in subpara22 graph (A), the Administrator shall reduce, pro rata, the basic 

23 Phase II allowance allocations for each unit subject to the require24 ments of section 233105 of this title. 

25 (3) ANNUAL ALLOCATION.—Subject to section 233115 of this title, 

26 the Administrator shall allocate allowances for each affected unit at an 

27 affected source annually, as provided in this subsection and section 

28 233108 of this title. 

29 (4) REMOVAL FROM COMMERCIAL OPERATION.—Except as provided 

30 in section 233109 of this title, the removal of an existing unit from 

31 commercial operation at any time shall not terminate or otherwise af32 fect the allocation of allowances pursuant to section 233105 of this title 

33 to which the unit is entitled. 

34 (5) COST.—Allowances shall be allocated by the Administrator with35 out cost to the recipient, except for allowances sold by the Adminis36 trator pursuant to section 233115 of this title. 

37 (6) LIST OF ALLOCATIONS.—The Administrator shall publish a pro38 posed list of the basic Phase II allowance allocations, the Phase II 

39 bonus allowance allocations and, if applicable, allocations pursuant to 

40 section 233105(a)(3) of this title for each unit subject to the emission 

41 limitation requirements of section 233105 of this title for the year 


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1 2000 and the year 2010. After notice and opportunity for public com2 ment, the Administrator shall publish a final list of such allocations, 

3 subject to section 233105(a)(2) of this title. The Administrator shall 

4 publish a revised final statement of allowance allocations, subject to 

5 section 233105(a)(2) of this title. 

6 (b) ALLOWANCE TRANSFER SYSTEM.— 

7 (1) IN GENERAL.—Allowances allocated under this subdivision may 

8 be transferred among designated representatives of the owners or oper9 ators of affected sources under this subdivision and any other person 

10 that holds allowances, as provided by the allowance system regulations 

11 promulgated by the Administrator. The regulations shall establish the 

12 allowance system prescribed under this section, including requirements 

13 for the allocation, transfer, and use of allowances under this subdivi14 sion. 

15 (2) USE OF ALLOWANCES.—The regulations shall— 

16 (A) prohibit the use of any allowance prior to the calendar year 

17 for which the allowance is allocated; and 

18 (B) provide, consistent with the purposes of this subdivision, for 

19 the identification of unused allowances and for unused allowances 

20 to be carried forward and added to allowances allocated in subse21 quent years, including allowances allocated to units subject to 

22 Phase I requirements (as described in section 404 of the Clean Air 

23 Act (42 U.S.C. 7651c) (as in effect before the repeal of that sec24 tion)) that are applied to emission limitations requirements in 

25 Phase II (as described in section 233105 of this title). 

26 (3) CERTIFICATION OF TRANSFER.—A transfers of allowances shall 

27 not be effective until written certification of the transfer, signed by a 

28 responsible official of each party to the transfer, is received and re29 corded by the Administrator. 

30 (4) PRE-ALLOCATION TRANSFERS.—The regulations shall permit the 

31 transfer of an allowance prior to issuance of the allowance. Recorded 

32 pre-allocation transfers shall be deducted by the Administrator from 

33 the number of allowances that would otherwise be allocated to the 

34 transferor, and added to the allowances allocated to the transferee. A 

35 pre-allocation transfer shall not affect the prohibition contained in this 

36 subsection against the use of an allowance prior to the year for which 

37 the allowance is allocated. 

38 (c) ALLOWANCE TRACKING SYSTEM.— 

39 (1) IN GENERAL.—The Administrator shall by regulation promulgate 

40 a system for issuing, recording, and tracking allowances, which shall 

41 specify all necessary procedures and requirements for an orderly and 


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1 competitive functioning of the allowance system. All allowance alloca2 tions and transfers shall, on recordation by the Administrator, be 

3 deemed a part of each unit’s permit requirements pursuant to section 

4 233108 of this title, without any further permit review and revision. 

5 (2) ELECTRIC RELIABILITY.— 

6 (A) IN GENERAL.—To ensure electric reliability— 

7 (i) the regulations shall not prohibit or affect temporary in8 creases and decreases in emissions from units in a utility sys9 tem, power pool, or utility entering into an allowance pool 

10 agreement that result from their operations (including emer11 gencies and central dispatch); and 

12 (ii) such temporary emissions increases and decreases shall 

13 not require transfer of allowances among units or require rec14 ordation. 

15 (B) DESIGNATED REPRESENTATIVES.—The owners or operators 

16 of such units shall act through a designated representative. 

17 (C) TOTAL TONNAGE OF EMISSIONS.—The total tonnage of 

18 emissions in any calendar year (calculated at the end thereof) 

19 from all such units shall not exceed the total allowances for such 

20 units for the calendar year concerned. 

21 (d) NEW UTILITY UNITS.—It shall be unlawful for a new utility unit to 

22 emit an annual tonnage of sulfur dioxide in excess of the number of allow23 ances to emit held for the unit by the unit’s owner or operator. A new utility 

24 unit shall not be eligible for an allocation of sulfur dioxide allowances under 

25 subsection (a) unless the new utility unit is subject to paragraph (2) or (3) 

26 of section 233105(g) of this title. A new utility unit may obtain an allow27 ance from any person in accordance with this subdivision. The owner or op28 erator of any new utility unit in violation of this subsection shall be liable 

29 for fulfilling the obligations specified in section 233110 of this title. 

30 (e) NATURE OF ALLOWANCES.— 

31 (1) LIMITED AUTHORIZATION.—An allowance allocated under this 

32 subdivision is a limited authorization to emit sulfur dioxide in accord33 ance with this subdivision. 

34 (2) NOT A PROPERTY RIGHT.—An allowance does not constitute a 

35 property right. 

36 (3) NO LIMITATION ON AUTHORITY TO TERMINATE OR LIMIT AU37 THORIZATION.—Nothing in this subdivision or in any other provision 

38 of law shall be construed to limit the authority of the United States 

39 to terminate or limit an allowance. 

40 (4) OTHER PROVISIONS.—Nothing in this section relating to allow41 ances shall be construed as affecting the application of any other proviVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00474 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 sion of this division (including provisions relating to applicable 

2 NAAQSes and State implementation plans) to, or compliance with any 

3 other such provision by, an affected unit or affected source. 

4 (5) STATE LAW.—Nothing in this section shall be construed as re5 quiring a change of any kind in any State law regulating electric utility 

6 rates and charges or affecting any State law regarding such State reg7 ulation or as limiting State regulation (including any prudency review) 

8 under such a State law. 

9 (6) FEDERAL POWER ACT.—Nothing in this section shall be con10 strued as modifying the Federal Power Act (16 U.S.C. 791a et seq.) 

11 or as affecting the authority of the Federal Energy Regulatory Com12 mission under that Act. 

13 (7) COMPETITIVE BIDDING.—Nothing in this subdivision shall be 

14 construed to interfere with or impair any program for competitive bid15 ding for power supply in a State in which the program is established. 

16 (8) PERMITS.—An allowance, once allocated to a person by the Ad17 ministrator, may be received, held, and temporarily or permanently 

18 transferred in accordance with this subdivision (including the regula19 tions of the Administrator) without regard to whether a permit is in 

20 effect under subdivision 6 or section 233108 of this title with respect 

21 to the unit for which the allowance was originally allocated and re22 corded. Each permit under this subdivision and each permit issued 

23 under subdivision 6 for any affected unit shall provide that the affected 

24 unit may not emit an annual tonnage of sulfur dioxide in excess of the 

25 allowances held for that affected unit. 

26 (f) PROHIBITION.— 

27 (1) HOLDING, USE, OR TRANSFER OF ALLOWANCE.—It shall be un28 lawful for any person to hold, use, or transfer an allowance allocated 

29 under this subdivision except in accordance with regulations promul30 gated by the Administrator. 

31 (2) EMISSIONS.— 

32 (A) IN GENERAL.—It shall be unlawful for any affected unit to 

33 emit sulfur dioxide in excess of the number of allowances held for 

34 that affected unit for that year by the owner or operator of the 

35 unit. 

36 (B) OTHER EMISSION LIMITATIONS.—On the allocation of allow37 ances under this subdivision, the prohibition contained in subpara38 graph (A) shall supersede any other emission limitation applicable 

39 under this subdivision to the units for which the allowances are 

40 allocated. 


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1 (3) CALENDAR YEAR FOR USE.—An allowance may not be used prior 

2 to the calendar year for which the allowance is allocated. 

3 (4) PERMITTING, MONITORING, AND ENFORCEMENT.—Nothing in 

4 this section (including the allowance system regulations) shall— 

5 (A) relieve the Administrator of the Administrator’s permitting, 

6 monitoring, and enforcement obligations under this division; or 

7 (B) relieve affected sources of their requirements and liabilities 

8 under this division. 

9 (g) COMPETITIVE BIDDING FOR POWER SUPPLY.—Nothing in this sub10 division shall be construed to interfere with or impair any program for com11 petitive bidding for power supply in a State in which such a program is es12 tablished. 

13 (h) APPLICABILITY OF ANTITRUST LAWS.— 

14 (1) DEFINITION OF ANTITRUST LAWS.—In this section, the term 

15 ‘‘antitrust laws’’ has the meaning given the term in the 1st section of 

16 the Clayton Act (15 U.S.C. 12). 

17 (2) EFFECT OF SECTION.—Nothing in this section affects— 

18 (A) the applicability of the antitrust laws to the transfer, use, 

19 or sale of an allowance; or 

20 (B) the authority of the Federal Energy Regulatory Commission 

21 under any provision of law respecting unfair methods of competi22 tion or anticompetitive acts or practices. 

23 § 233104. Conservation and renewable energy reserve; alter24 native allowance allocation for units in certain 

25 utility systems with optional baseline 

26 (a) CONSERVATION AND RENEWABLE ENERGY RESERVE.— 

27 (1) ESTABLISHMENT.—The Administrator shall establish a conserva28 tion and renewable energy reserve (referred to in this subsection as the 

29 ‘‘Reserve’’). 

30 (2) ALLOCATIONS.—The Administrator may allocate from the Re31 serve an amount equal to a total of 300,000 allowances for emissions 

32 of sulfur dioxide pursuant to section 233103 of this title. 

33 (3) REDUCTION OF BASIC PHASE II ALLOWANCE ALLOCATION.—To 

34 provide 300,000 allowances for the Reserve, in each year through cal35 endar year 2009, the Administrator shall reduce each unit’s basic 

36 Phase II allowance allocation on the basis of its pro rata share of 

37 30,000 allowances. 

38 (4) REMAINING ALLOWANCES.—If allowances remain in the Reserve 

39 after January 2, 2010, the Administrator shall allocate those allow40 ances for affected units under section 233105 of this title on a pro rata 

41 basis. 


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1 (5) PRO RATA BASIS.—For purposes of this subsection, for any unit 

2 subject to the emission limitation requirements of section 233105 of 

3 this title, the term ‘‘pro rata basis’’ refers to the ratio that— 

4 (A) the reductions made in the unit’s allowances to establish the 

5 Reserve; bears to 

6 (B) the total of such reductions for all such units. 

7 (b) ALTERNATIVE ALLOWANCE ALLOCATION FOR UNITS IN CERTAIN

8 UTILITY SYSTEMS WITH OPTIONAL BASELINE.— 

9 (1) OPTIONAL BASELINE FOR UNITS IN CERTAIN SYSTEMS.— 

10 (A) IN GENERAL.—In the case of a unit described in subpara11 graph (B), at the election of the owner or operator of the unit 

12 made not later than March 1, 1991, the unit’s baseline may be 

13 calculated— 

14 (i) as provided under section 233102(6) of this title; or 

15 (ii) by utilizing the unit’s average annual fuel consumption 

16 at a 60 percent capacity factor. 

17 (B) UNITS.—A unit referred to in subparagraph (A) is a unit 

18 that was subject to the emission limitation requirements of section 

19 404 of the Clean Air Act (42 U.S.C. 7651c) (as in effect before 

20 the repeal of that section) that, as of November 15, 1990— 

21 (i) had an emission rate below 1.0 pound per million Brit22 ish thermal units; 

23 (ii) had decreased its sulfur dioxide emission rate by 60 

24 percent or greater since 1980; and 

25 (iii) was part of a utility system that had a weighted aver26 age sulfur dioxide emission rate for all fossil fuel-fired units 

27 below 1.0 pound per million British thermal units. 

28 (2) ALLOWANCE ALLOCATION.— 

29 (A) IN GENERAL.—When the owner or operator of a unit de30 scribed in paragraph (1) elects to calculate the unit’s baseline as 

31 provided in paragraph (1)(A)(ii), the Administrator shall allocate 

32 allowances for the unit pursuant to section 233103(a)(1) of this 

33 title, this section, and section 233105 of this title (as basic Phase 

34 II allowance allocations) in an amount equal to— 

35 (i) the baseline selected; multiplied by 

36 (ii) the lower of— 

37 (I) the average annual emission rate for the unit in 

38 1989; or 

39 (II) 1.0 pound per million British thermal units. 

40 (B) ALLOWANCE IN LIEU OF OTHER ALLOCATION.—An allow41 ance allocation under subparagraph (A) shall be in lieu of any alVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00477 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 location of allowances under this section and section 233105 of 

2 this title. 

3 § 233105. Phase II sulfur dioxide requirements 

4 (a) APPLICABILITY.— 

5 (1) IN GENERAL.— 

6 (A) EXISTING UNITS.—Each existing utility unit as provided in 

7 this subsection is subject to the limitations or requirements of this 

8 section. 

9 (B) AFFECTED UNITS.—Each utility unit subject to an annual 

10 sulfur dioxide tonnage emission limitation under this section is an 

11 affected unit under this subdivision. 

12 (C) AFFECTED SOURCES.—Each source that includes 1 or more 

13 affected units is an affected source. 

14 (D) EXISTING UNITS NOT IN OPERATION DURING 1985.—In the 

15 case of an existing unit that was not in operation during calendar 

16 year 1985, the emission rate for a calendar year after 1985, as 

17 determined by the Administrator, shall be used in lieu of the 1985 

18 rate. 

19 (E) UNIT OPERATED IN VIOLATION OF THIS SECTION.—The 

20 owner or operator of any unit operated in violation of this section 

21 shall be fully liable under this chapter for fulfilling the obligations 

22 specified in section 233110 of this title. 

23 (2) ALLOCATION OF PHASE II BONUS ALLOWANCES.— 

24 (A) ALLOCATION.—In addition to basic Phase II allowance allo25 cations, in each year ending in calendar year 2009, the Adminis26 trator shall allocate up to 530,000 Phase II bonus allowances pur27 suant to subsections (b)(2) and (c)(4), subparagraphs (A) and (B) 

28 of subsection (d)(3), and subsection (h)(2) and section 233106 of 

29 this title. 

30 (B) CALCULATION.—The Administrator shall— 

31 (i) calculate, for each unit granted an extension pursuant 

32 to section 409 of the Clean Air Act (42 U.S.C. 7651h) (as 

33 in effect before the repeal of that section), the difference be34 tween— 

35 (I) the number of allowances allocated for the unit in 

36 calendar year 2000; and 

37 (II)(aa) the unit’s baseline; multiplied by 

38 (bb) 1.20 pounds per million British thermal units; di39 vided by 

40 (cc) 2000; and 

41 (ii) sum the calculations for all such units. 


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1 (C) DEDUCTION.—In each year ending in calendar year 2009, 

2 the Administrator shall deduct from each unit’s basic Phase II al3 lowance allocation its pro rata share of 10 percent of the sum cal4 culated pursuant to subparagraph (B). 

5 (3) ADDITIONAL ALLOWANCES.— 

6 (A) IN GENERAL.—In addition to basic Phase II allowance allo7 cations and Phase II bonus allowance allocations, the Adminis8 trator shall allocate for each unit listed on table A and located in 

9 Illinois, Indiana, Ohio, Georgia, Alabama, Missouri, Pennsylvania, 

10 West Virginia, Kentucky, or Tennessee allowances in an amount 

11 equal to— 

12 (i) 50,000; multiplied by 

13 (ii) the unit’s pro rata share of the total number of basic 

14 Phase II allowances allocated for all units listed on table A. 

TABLE A.—UNITS

State Plant Name Generator 

Alabama ................. Colbert ......................................................................... 1 

2 

3 

4 

5 

E.C. Gaston ................................................................. 1 

2 

3 

4 

Florida .................... Big Bend ...................................................................... 1 

2 

3 

Crist ............................................................................. 6 

7 

Georgia ................... Bowen .......................................................................... 1 

2 

3 

4 

Hammond .................................................................... 1 

2 

3 

4 

J. McDonough ............................................................. 1 

2 

Wansley ........................................................................ 1 

2 

Yates ............................................................................ 1 

2 

3 

4 

5 

6 

7 

Illinois ..................... Baldwin ........................................................................ 1 

2 

3 

Coffeen ......................................................................... 1 

2 

Grand Tower ................................................................ 4 

Hennepin ..................................................................... 2 

Kincaid ......................................................................... 1 

2 

Meredosia ..................................................................... 3 

Vermilion ..................................................................... 2 

Indiana ................... Bailly ........................................................................... 7 

8 

Breed.

Cayuga ......................................................................... 1 

2 


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TABLE A.—UNITS—Continued 

State Plant Name Generator 

E. W. Stout ................................................................. 5 

6 

7 

F. B. Culley ................................................................. 2 

3 

F. E. Ratts .................................................................. 1 

2 

Gibson .......................................................................... 1 

2 

3 

4 

H. T. Pritchard.

Michigan City .............................................................. 12 

Petersburg ................................................................... 1 

2 

R. Gallagher ................................................................. 1 

2 

3 

4 

Tanners Creek ............................................................. 4 

Wabash River .............................................................. 1 

2 

3 

5 

6 

Warrick ........................................................................ 4 

Iowa ........................ Burlington ................................................................... 1 

Des Moines .................................................................. 7 

George Neal ................................................................. 1 

M.L. Kapp ................................................................... 2 

Prairie Creek ............................................................... 4 

Riverside ...................................................................... 5 

Kansas .................... Quindaro ...................................................................... 2 

Kentucky ................ Coleman ....................................................................... 1 

2 

3 

Cooper .......................................................................... 1 

2 

E.W. Brown ................................................................. 1 

2 

3 

Elmer Smith ................................................................ 1 

2 

Ghent ........................................................................... 1 

Green River .................................................................. 4 

H.L. Spurlock .............................................................. 1 

Henderson II ............................................................... 1 

2 

Paradise ....................................................................... 3 

Shawnee ....................................................................... 10 

Maryland ................ Chalk Point .................................................................. 1 

2 

C. P. Crane .................................................................. 1 

2 

Morgantown ................................................................. 1 

2 

Michigan ................. J. H. Campbell ............................................................ 1 

2 

Minnesota ............... High Bridge ................................................................. 6 

Mississippi .............. Jack Watson ................................................................ 4 

5 

Missouri .................. Asbury .......................................................................... 1 

James River ................................................................. 5 

Labadie ........................................................................ 1 

2 

3 

4 

Montrose ...................................................................... 1 

2 

3 

New Madrid ................................................................. 1 

2 

Sibley ........................................................................... 3 

Sioux ............................................................................ 1 

2 

Thomas Hill ................................................................. 1 

2 

New Hampshire ...... Merrimack .................................................................... 1 

2 


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TABLE A.—UNITS—Continued 

State Plant Name Generator 

New Jersey ............. B.L. England ............................................................... 1 

2 

New York ............... Dunkirk ....................................................................... 3 

4 

Greenidge ..................................................................... 4 

Milliken ........................................................................ 1 

2 

Northport ..................................................................... 1 

2 

3 

Port Jefferson .............................................................. 3 

4 

Ohio ........................ Ashtabula ..................................................................... 5 

Avon Lake .................................................................... 8 

9 

Cardinal ....................................................................... 1 

2 

Conesville ..................................................................... 1 

2 

3 

4 

Eastlake ....................................................................... 1 

2 

3 

4 

5 

Edgewater .................................................................... 4 

Gen. J.M. Gavin .......................................................... 1 

2 

Miami Fort .................................................................. 5 

6 

7 

Muskingum River ........................................................ 1 

2 

3 

4 

5 

Niles ............................................................................. 1 

2 

Picway .......................................................................... 5 

R.E. Burger ................................................................. 3 

4 

5 

W.H. Sammis .............................................................. 5 

6 

7 

W.C. Beckjord ............................................................. 5 

6 

Pennsylvania ........... Armstrong .................................................................... 1 

2 

Brunner Island ............................................................ 1 

2 

3 

Cheswick ...................................................................... 1 

Conemaugh .................................................................. 1 

2 

Hatfield’s Ferry ........................................................... 1 

2 

3 

Martins Creek .............................................................. 1 

2 

Portland ....................................................................... 1 

2 

Shawville ...................................................................... 1 

2 

3 

4 

Sunbury ....................................................................... 3 

4 

Tennessee ............... Allen ............................................................................. 1 

2 

3 

Cumberland ................................................................. 1 

2 

Gallatin ........................................................................ 1 

2 

3 

4 


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TABLE A.—UNITS—Continued 

State Plant Name Generator 

Johnsonville ................................................................. 1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

West Virginia ......... Albright ........................................................................ 3 

Fort Martin ................................................................. 1 

2 

Harrison ...................................................................... 1 

2 

3 

Kammer ....................................................................... 1 

2 

3 

Mitchell ........................................................................ 1 

2 

Mount Storm ............................................................... 1 

2 

3 

Wisconsin ............... Edgewater .................................................................... 4 

La Crosse/Genoa .......................................................... 3 

Nelson Dewey .............................................................. 1 

2 

N. Oak Creek ............................................................... 1 

2 

3 

4 

Pulliam ........................................................................ 8 

S. Oak Creek ............................................................... 5 

6 

7 

8 

1 (B) ALLOWANCES NOT SUBJECT TO 8,900,000 TON LIMITA2 TION.—Allowances allocated pursuant to this paragraph shall not 

3 be subject to the 8,900,000 ton limitation under section 223103(a) 

4 of this title. 

5 (b) UNITS EQUAL TO OR GREATER THAN 75 MEGAWATTS ELECTRIC

6 AND 1.20 POUNDS PER MILLION BRITISH THERMAL UNITS.— 

7 (1) GENERAL PROHIBITION.—Except as otherwise provided in para8 graph (3), unless the owner or operator of the existing utility unit 

9 holds allowances to emit not less than the existing utility unit’s total 

10 annual emissions, it shall be unlawful for an existing unit that serves 

11 a generator with nameplate capacity equal to, or greater, than 75 

12 megawatts electric and an actual 1985 sulfur dioxide emission rate 

13 equal to or greater than 1.20 pounds per million British thermal units 

14 to exceed an annual sulfur dioxide tonnage emission limitation equal 

15 to— 

16 (A) the unit’s baseline; multiplied by 

17 (B) an emission rate equal to 1.20 pounds per million British 

18 thermal units; divided by 

19 (C) 2,000. 


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1 (2) ADDITIONAL ALLOWANCES FOR UNITS WITH AN ACTUAL 1985

2 SULFUR DIOXIDE EMISSION RATE GREATER THAN 1.20 POUNDS PER

3 MILLION BRITISH THERMAL UNITS AND LESS THAN 2.50 POUNDS PER

4 MILLION BRITISH THERMAL UNITS AND A BASELINE CAPACITY FACTOR

5 OF LESS THAN 60 PERCENT.—In addition to allowances allocated pur6 suant to paragraph (1) and section 233103(a) of this title as basic 

7 Phase II allowance allocations, for each calendar year through 2009, 

8 the Administrator shall allocate annually for each unit subject to the 

9 emission limitation requirements of paragraph (1) with an actual 1985 

10 sulfur dioxide emission rate greater than 1.20 pounds per million Brit11 ish thermal units and less than 2.50 pounds per million British thermal 

12 units and a baseline capacity factor of less than 60 percent, allowances 

13 from the reserve created pursuant to subsection (a)(2) in an amount 

14 equal to— 

15 (A) 1.20 pounds per million British thermal units; multiplied by 

16 (B) 50 percent of the difference, on a British thermal unit 

17 basis, between— 

18 (i) the unit’s baseline; and 

19 (ii) the unit’s fuel consumption at a 60 percent capacity 

20 factor. 

21 (3) PROHIBITION APPLICABLE TO CERTAIN UNITS CONSUMING LIG22 NITE COAL.—Unless the owner or operator of the existing unit holds 

23 allowances to emit not less than the existing unit’s total annual emis24 sions, it shall be unlawful for an existing utility unit with an actual 

25 1985 sulfur dioxide emission rate equal to or greater than 1.20 pounds 

26 per million British thermal units whose annual average fuel consump27 tion during 1985, 1986, and 1987 on a British thermal unit basis ex28 ceeded 90 percent in the form of lignite coal located in a State in 

29 which, as of July 1, 1989, no county or portion of a county was des30 ignated nonattainment under section 107 of the Clean Air Act (42 

31 U.S.C. 7407) (as in effect on that date) for any pollutant subject to 

32 the requirements of section 109 of the Clean Air Act (42 U.S.C. 7409) 

33 (as in effect on that date) to exceed an annual sulfur dioxide tonnage 

34 limitation equal to— 

35 (A) the unit’s baseline; multiplied by 

36 (B) the lesser of— 

37 (i) the unit’s actual 1985 sulfur dioxide emission rate; or 

38 (ii) its allowable 1985 sulfur dioxide emission rate; divided 

39 by 

40 (C) 2,000. 

41 (4) ALLOWANCES FOR CERTAIN UNITS CONVERTED TO COAL.— 


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1 (A) IN GENERAL.—The Administrator shall allocate annually 

2 for each unit that is subject to the emission limitation require3 ments of paragraph (1) and is located in a State with an installed 

4 electrical generating capacity of more than 30,000,000 kilowatts 

5 in 1988 and for which was issued a prohibition order or a pro6 posed prohibition order (from burning oil), which unit subse7 quently converted to coal between January 1, 1980, and December 

8 31, 1985, allowances equal to the difference between— 

9 (i)(I) the unit’s annual fuel consumption, on a British ther10 mal unit basis, at a 65 percent capacity factor; multiplied by 

11 (II) the lesser of the unit’s actual emission rate or allow12 able emission rate during the 1st full calendar year after con13 version; divided by 

14 (III) 2,000; and 

15 (ii) the number of allowances allocated for the unit pursu16 ant to paragraph (1). 

17 (B) RESTRICTION.— 

18 (i) IN GENERAL.—The number of allowances allocated pur19 suant to this paragraph shall not exceed an annual total of 

20 5,000. 

21 (ii) REDUCTION OF ALLOWANCE.—If necessary to meeting 

22 the restriction imposed by clause (i), the Administrator shall 

23 reduce, pro rata, the annual allowances allocated for each 

24 unit under this paragraph. 

25 (c) COAL- OR OIL-FIRED UNITS BELOW 75 MEGAWATTS ELECTRIC AND

26 ABOVE 1.20 POUNDS PER MILLION BRITISH THERMAL UNITS.— 

27 (1) UTILITY OPERATING COMPANIES WITH CAPACITY EQUAL TO OR

28 GREATER THAN 250 MEGAWATTS ELECTRIC.—Except as provided in 

29 paragraph (3), unless the owner or operator of the unit holds allow30 ances to emit not less than the unit’s total annual emissions, it shall 

31 be unlawful for a coal- or oil-fired existing utility unit that serves a 

32 generator with nameplate capacity of less than 75 megawatts electric 

33 and an actual 1985 sulfur dioxide emission rate equal to or greater 

34 than 1.20 pounds per million British thermal units and that is a unit 

35 owned by a utility operating company whose aggregate nameplate fossil 

36 fuel steam-electric capacity was, as of December 31, 1989, equal to or 

37 greater than 250 megawatts electric to exceed an annual sulfur dioxide 

38 emission limitation equal to— 

39 (A) the unit’s baseline; multiplied by 

40 (B) an emission rate equal to 1.20 pounds per million British 

41 thermal units; divided by 


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1 (C) 2,000. 

2 (2) UTILITY OPERATING COMPANIES WITH CAPACITY OF LESS THAN

3 250 MEGAWATTS ELECTRIC.—Unless the owner or operator of the unit 

4 holds allowances to emit not less than the unit’s total annual emissions, 

5 it shall be unlawful for a coal or oil-fired existing utility unit that 

6 serves a generator with nameplate capacity of less than 75 megawatts 

7 electric and an actual 1985 sulfur dioxide emission rate equal to or 

8 greater than 1.20 pounds per million British thermal units (excluding 

9 units subject to section 211111 of this title or to a federally enforceable 

10 emission limitation for sulfur dioxide equivalent to an annual rate of 

11 less than 1.20 pounds per million British thermal units) and that is 

12 a unit owned by a utility operating company whose aggregate name13 plate fossil fuel steam-electric capacity was, as of December 31, 1989, 

14 less than 250 megawatts electric to exceed an annual sulfur dioxide 

15 tonnage emission limitation equal to— 

16 (A) the unit’s baseline; multiplied by 

17 (B) the lesser of the unit’s actual 1985 sulfur dioxide emission 

18 rate or its allowable 1985 sulfur dioxide emission rate; divided by 

19 (C) 2,000. 

20 (3) CERTAIN EXISTING UTILITY UNITS WITH CAPACITY OF LESS

21 THAN 75 MEGAWATTS ELECTRIC AND AN ACTUAL 1985 SULFUR DIOXIDE

22 EMISSION RATE EQUAL TO OR GREATER THAN 1.20 POUNDS PER MIL23 LION BRITISH THERMAL UNITS.— 

24 (A) BEFORE JANUARY 2, 2010.—Unless the owner or operator 

25 of the unit holds allowances to emit not less than the unit’s total 

26 annual emissions, it shall be unlawful for an existing utility unit 

27 that has a nameplate capacity of less than 75 megawatts electric 

28 and an actual 1985 sulfur dioxide emission rate equal to or great29 er than 1.20 pounds per million British thermal units that became 

30 operational on or before December 31, 1965, and that is owned 

31 by a utility operating company with, as of December 31, 1989, a 

32 total fossil fuel steam-electric generating capacity of greater than 

33 250 and less than 450 megawatts electric that served fewer than 

34 78,000 electrical customers as of November 15, 1990, to exceed 

35 an annual sulfur dioxide emission tonnage limitation equal to— 

36 (i) the unit’s baseline; multiplied by 

37 (ii) the lesser of its actual 1985 sulfur dioxide emission 

38 rate or its allowable 1985 sulfur dioxide emission rate; di39 vided by 

40 (iii) 2,000. 


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1 (B) AFTER JANUARY 1, 2010.—After January 1, 2010, it shall 

2 be unlawful for a unit described in subparagraph (A) to exceed an 

3 annual emission tonnage limitation equal to— 

4 (i) its baseline; multiplied by 

5 (ii) an emission rate of 1.20 pounds per million British 

6 thermal units; divided by 

7 (iii) 2,000. 

8 (4) ADDITIONAL ALLOWANCES FOR CERTAIN UNITS WITH AN AC9 TUAL 1985 EMISSION RATE OF LESS THAN 2.50 POUNDS PER MILLION

10 BRITISH THERMAL UNITS.—In addition to allowances allocated pursu11 ant to paragraph (1) and section 233103(a) of this title as basic Phase 

12 II allowance allocations, for each calendar year through 2009, the Ad13 ministrator shall allocate annually for each unit subject to the emission 

14 limitation requirements of paragraph (1) with an actual 1985 sulfur di15 oxide emission rate equal to or greater than 1.20 and less than 2.50 

16 pounds per million British thermal units and a baseline capacity factor 

17 of less than 60 percent allowances from the reserve created pursuant 

18 to subsection (a)(2) in an amount equal to— 

19 (A) 1.20 pounds per million British thermal units; multiplied by 

20 (B) 50 percent of the difference, on a British thermal unit 

21 basis, between— 

22 (i) the unit’s baseline; and 

23 (ii) the unit’s fuel consumption at a 60 percent capacity 

24 factor. 

25 (5) CERTAIN UNITS THAT ARE PART OF CERTAIN ELECTRIC UTILITY

26 SYSTEMS.— 

27 (A) BEFORE JANUARY 2, 2010.— 

28 (i) IN GENERAL.—Unless the owner or operator of the ex29 isting utility unit holds for use allowances to emit not less 

30 than the unit’s total annual emissions, it shall be unlawful for 

31 any existing utility unit with a nameplate capacity below 75 

32 megawatts electric and an actual 1985 sulfur dioxide emission 

33 rate equal to or greater than 1.20 pounds per million British 

34 thermal units that is part of an electric utility system de35 scribed in clause (ii) to exceed an annual sulfur dioxide emis36 sions tonnage limitation equal to— 

37 (I) the unit’s baseline; multiplied by 

38 (II) an emission rate of 2.5 pounds per million British 

39 thermal units; divided by 

40 (III) 2,000. 


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1 (ii) ELECTRIC UTILITY SYSTEMS DESCRIBED.—An electric 

2 utility system described in clause (i) is an electric utility sys3 tem that, as of November 15, 1990— 

4 (I) had at least 20 percent of its fossil-fuel capacity 

5 controlled by flue gas desulfurization devices; 

6 (II) had more than 10 percent of its fossil-fuel capac7 ity consisting of coal-fired units of less than 75 

8 megawatts electric; and 

9 (III) had units of greater than 400 megawatts electric 

10 all of which have difficult or very difficult FGD Retrofit 

11 Cost Factors (according to the Emissions and the FGD 

12 Retrofit Feasibility at the 200 Top Emitting Generating 

13 Stations, prepared for EPA on January 10, 1986). 

14 (B) AFTER JANUARY 1, 2010.—After January 1, 2010, it shall 

15 be unlawful for a unit described in subparagraph (A) to exceed an 

16 annual emission tonnage limitation equal to— 

17 (i) the unit’s baseline; multiplied by 

18 (ii) an emission rate of 1.20 pounds per million British 

19 thermal units; divided by 

20 (iii) 2,000. 

21 (d) COAL-FIRED UNITS BELOW 1.20 POUNDS PER MILLION BRITISH

22 THERMAL UNITS.— 

23 (1) LESS THAN 0.60 POUND PER MILLION BRITISH THERMAL

24 UNITS.—Unless the owner or operator of the unit holds allowances to 

25 emit not less than the unit’s total annual emissions, it shall be unlawful 

26 for any coal-fired existing utility unit the lesser of whose actual 1985 

27 sulfur dioxide emission rate or allowable 1985 sulfur dioxide emission 

28 rate is less than 0.60 pound per million British thermal units to exceed 

29 an annual sulfur dioxide tonnage emission limitation equal to— 

30 (A) the unit’s baseline; multiplied by 

31 (B) the lesser of 0.60 pound per million British thermal units 

32 or the unit’s allowable 1985 sulfur dioxide emission rate; multi33 plied by 

34 (C) 120 percent; divided by 

35 (D) 2,000. 

36 (2) EQUAL TO OR GREATER THAN 0.60 POUND PER MILLION BRITISH

37 THERMAL UNITS.—Unless the owner or operator of the unit holds al38 lowances to emit not less than the unit’s total annual emissions, it shall 

39 be unlawful for any coal-fired existing utility unit the lesser of whose 

40 actual 1985 sulfur dioxide emission rate or allowable 1985 sulfur diox41 ide emission rate is equal to or greater than 0.60 and less than 1.20 


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1 pounds per million British thermal units to exceed an annual sulfur di2 oxide tonnage emission limitation equal to— 

3 (A) the unit’s baseline; multiplied by— 

4 (B) the lesser of its actual 1985 sulfur dioxide emission rate or 

5 its allowable 1985 sulfur dioxide emission rate; multiplied by 

6 (C) 120 percent; divided by 

7 (D) 2,000. 

8 (3) ADDITIONAL ALLOWANCES.— 

9 (A) LESS THAN 0.60 POUND PER MILLION BRITISH THERMAL

10 UNITS.—In addition to allowances allocated pursuant to paragraph 

11 (1) and section 233103(a) of this title as basic Phase II allowance 

12 allocations, at the election of the designated representative of the 

13 operating company, for each calendar year through 2009, the Ad14 ministrator shall allocate annually for each unit subject to the 

15 emission limitation requirements of paragraph (1) allowances from 

16 the reserve created pursuant to subsection (a)(2) in an amount 

17 equal to the amount by which— 

18 (i)(I) the lesser of 0.60 pound per million British thermal 

19 units or the unit’s allowable 1985 sulfur dioxide emission 

20 rate; multiplied by 

21 (II) the unit’s baseline adjusted to reflect operation at a 60 

22 percent capacity factor; divided by 

23 (III) 2,000; exceeds 

24 (ii) the number of allowances allocated for the unit pursu25 ant to paragraph (1) and section 233103(a) of this title as 

26 basic Phase II allowance allocations. 

27 (B) EQUAL TO OR GREATER THAN 0.60 POUND PER MILLION

28 BRITISH THERMAL UNITS.—In addition to allowances allocated 

29 pursuant to paragraph (2) and section 233103(a) of this title as 

30 basic Phase II allowance allocations, at the election of the des31 ignated representative of the operating company, for each calendar 

32 year through 2009, the Administrator shall allocate annually for 

33 each unit subject to the emission limitation requirements of para34 graph (2) allowances from the reserve created pursuant to sub35 section (a)(2) in an amount equal to the amount by which— 

36 (i)(I)(aa) the lesser of the unit’s actual 1985 sulfur dioxide 

37 emission rate or its allowable 1985 sulfur dioxide emission 

38 rate; multiplied by 

39 (bb) the unit’s baseline adjusted to reflect operation at a 

40 60 percent capacity factor; divided by 

41 (II) 2,000; exceeds 


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1 (ii) the number of allowances allocated for the unit pursu2 ant to paragraph (2) and section 233103(a) of this title as 

3 basic Phase II allowance allocations. 

4 (C) ELECTION.—An operating company with units subject to 

5 the emission limitation requirements of this subsection may elect 

6 the allocation of allowances as provided under subparagraphs (A) 

7 and (B). Such an election shall apply to the annual allowance allo8 cation for each unit in the operating company subject to the emis9 sion limitation requirements of this subsection. The Administrator 

10 shall allocate allowances pursuant to subparagraphs (A) and (B) 

11 only in accordance with this subparagraph. 

12 (4) ALTERNATIVE ALLOCATION.—Notwithstanding any other provi13 sion of this section, at the election of the owner or operator, the Ad14 ministrator shall allocate, in lieu of allocation pursuant to paragraph 

15 (1), (2), (3), or (5), allowances for a unit subject to the emission limi16 tation requirements of this subsection that commenced commercial op17 eration on or after January 1, 1981, and before December 31, 1985, 

18 that was subject to, and in compliance with, section 211111 of this title 

19 in an amount equal to— 

20 (A) the unit’s annual fuel consumption, on a British thermal 

21 unit basis, at a 65 percent capacity factor; multiplied by 

22 (B) the unit’s allowable 1985 sulfur dioxide emission rate; di23 vided by 

24 (C) 2,000. 

25 (5) ALLOWANCES FOR OIL- OR GAS-FIRED UNITS AWARDED A CLEAN

26 COAL TECHNOLOGY DEMONSTRATION GRANT.—For the purposes of this 

27 section, in the case of an oil- or gas-fired unit that was awarded a 

28 clean coal technology demonstration grant as of January 1, 1991, by 

29 EPA, the Administrator shall allocate for the oil- or gas-fired unit al30 lowances in an amount equal to— 

31 (A) the unit’s baseline; multiplied by 

32 (B) 1.20 pounds per million British thermal units; divided by 

33 (C) 2,000. 

34 (e) OIL- OR GAS-FIRED EXISTING UTILITY UNITS EQUAL TO OR GREAT35 ER THAN 0.60 AND LESS THAN 1.20 POUNDS PER MILLION BRITISH

36 THERMAL UNITS.—Unless the owner or operator of the unit holds allow37 ances to emit not less than the unit’s total annual emissions, it shall be un38 lawful for any oil- or gas-fired existing utility unit the lesser of whose actual 

39 1985 sulfur dioxide emission rate or allowable 1985 sulfur dioxide emission 

40 rate is equal to or greater than 0.60 but less than 1.20 pounds per million 


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1 British thermal units to exceed an annual sulfur dioxide tonnage limitation 

2 equal to— 

3 (1) the unit’s baseline; multiplied by 

4 (2) the lesser of the unit’s allowable 1985 sulfur dioxide emission 

5 rate or its actual 1985 sulfur dioxide emission rate; multiplied by 

6 (3) 120 percent; divided by 

7 (4) 2,000. 

8 (f) OIL- OR GAS-FIRED UNITS LESS THAN 0.60 POUND PER MILLION

9 BRITISH THERMAL UNITS.— 

10 (1) EMISSION LIMITATION.—Unless the owner or operator of the 

11 unit holds allowances to emit not less than the unit’s total annual emis12 sions, it shall be unlawful for any oil- or gas-fired existing utility unit 

13 the lesser of whose actual 1985 sulfur dioxide emission rate or allow14 able 1985 sulfur dioxide emission rate is less than 0.60 pound per mil15 lion British thermal units and whose average annual fuel consumption 

16 during the period 1980 to 1989 on a British thermal unit basis was 

17 90 percent or less in the form of natural gas to exceed an annual sulfur 

18 dioxide tonnage emission limitation equal to— 

19 (A) the unit’s baseline; multiplied by 

20 (B) the lesser of 0.60 pound per million British thermal units 

21 or the unit’s allowable 1985 emissions; multiplied by 

22 (C) 120 percent; divided by 

23 (D) 2,000. 

24 (2) ADDITIONAL ALLOWANCES.— 

25 (A) IN GENERAL.—In addition to allowances allocated pursuant 

26 to paragraph (1) as basic Phase II allowance allocations and sec27 tion 233103(a) of this title, the Administrator shall allocate— 

28 (i) for each unit described in subparagraph (B)(i) its pro 

29 rata share of 7,000 allowances; and 

30 (ii) for each unit described in subparagraph (B)(ii) its pro 

31 rata share of 2,000 allowances. 

32 (B) UNIT DESCRIPTION.—A unit referred to in subparagraph 

33 (A) is— 

34 (i) any unit operated by a utility that furnishes electricity, 

35 electric energy, steam, and natural gas within an area con36 sisting of a city and 1 contiguous county; and 

37 (ii) any unit owned by a State authority, the output of 

38 which unit is furnished within that same area consisting of 

39 a city and 1 contiguous county. 

40 (g) UNITS THAT COMMENCED OPERATION BETWEEN 1986 AND DECEM41 BER 31, 1995.— 


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1 (1) EMISSION LIMITATION.—Unless the owner or operator of the 

2 utility unit holds allowances to emit not less than the unit’s total an3 nual emissions, it shall be unlawful for a utility unit that commenced 

4 commercial operation on or after January 1, 1986, but not later than 

5 September 30, 1990, to exceed an annual tonnage emission limitation 

6 equal to— 

7 (A) the unit’s annual fuel consumption, on a British thermal 

8 unit basis, at a 65 percent capacity factor; multiplied by 

9 (B) the unit’s allowable 1985 sulfur dioxide emission rate (con10 verted, if necessary, to pounds per million British thermal units); 

11 divided by 

12 (C) 2,000. 

13 (2) ADDITIONAL ALLOWANCES FOR CERTAIN UNITS.— 

14 (A) IN GENERAL.—The Administrator shall allocate allowances 

15 pursuant to section 233103 of this title to each unit that is listed 

16 in table B in an annual amount equal to the amount specified in 

17 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 

18 (B) ALLOWANCES UNDER OTHER PARAGRAPHS.—Notwith19 standing any other paragraph of this subsection, for units subject 

20 to this paragraph, the Administrator shall not allocate allowances 

21 pursuant to any other paragraph of this subsection, except that 

22 the owner or operator of a unit listed in table B may elect an allo23 cation of allowances under another paragraph of this subsection in 

24 lieu of an allocation under this paragraph. 

25 (3) ALLOWANCES FOR UNITS THAT COMMENCED COMMERCIAL OPER26 ATION ON OR AFTER OCTOBER 1, 1990, BUT NOT LATER THAN DECEM27 BER 31, 1992.—The Administrator shall allocate to the owner or oper28 ator of a utility unit that commenced commercial operation on or after 

29 October 1, 1990, but not later than December 31, 1992, allowances in 

30 an amount equal to— 

31 (A) the unit’s annual fuel consumption, on a British thermal 

32 unit basis, at a 65 percent capacity factor; multiplied by 


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1 (B) the lesser of 0.30 pound per million British thermal units 

2 or the unit’s allowable sulfur dioxide emission rate (converted, if 

3 necessary, to pounds per million British thermal units); divided by 

4 (C) 2,000. 

5 (4) ALLOWANCES FOR UNITS THAT COMMENCED CONSTRUCTION BE6 FORE DECEMBER 31, 1990, AND COMMENCED COMMERCIAL OPERATION

7 BETWEEN JANUARY 1, 1993, AND DECEMBER 31, 1995.—The Adminis8 trator shall allocate to the owner or operator of any utility unit that 

9 commenced construction before December 31, 1990, and commenced 

10 commercial operation between January 1, 1993, and December 31, 

11 1995, allowances in an amount equal to— 

12 (A) the unit’s annual fuel consumption, on a British thermal 

13 unit basis, at a 65 percent capacity factor; multiplied by 

14 (B) the lesser of 0.30 pound per million British thermal units 

15 or the unit’s allowable sulfur dioxide emission rate (converted, if 

16 necessary, to pounds per million British thermal units); divided by 

17 (C) 2,000. 

18 (5) CERTAIN EXISTING UTILITY UNITS THAT COMPLETED CONVER19 SION FROM PREDOMINANTLY GAS-FIRED EXISTING OPERATION TO

20 COAL-FIRED OPERATION BETWEEN JANUARY 1, 1985, AND DECEMBER

21 31, 1987.—Unless the owner or operator of the unit holds allowances 

22 equal to its actual emissions, it shall be unlawful for any existing utility 

23 unit that completed conversion from predominantly gas-fired existing 

24 operation to coal-fired operation between January 1, 1985, and Decem25 ber 31, 1987, for which there has been allocated a proposed or final 

26 prohibition order pursuant to section 301(b) of the Powerplant and In27 dustrial Fuel Use Act of 1978 (42 U.S.C. 8341(b)) to exceed an an28 nual sulfur dioxide tonnage emission limitation equal to— 

29 (A) the unit’s annual fuel consumption, on a British thermal 

30 unit basis, at a 65 percent capacity factor; multiplied by 

31 (B) the lesser of 1.20 pounds per million British thermal units 

32 or the unit’s allowable 1987 sulfur dioxide emission rate; divided 

33 by 

34 (C) 2,000. 

35 (6) INAPPLICABILITY TO CERTAIN FACILITIES.—Unless the Adminis36 trator has approved a designation of the facility under section 233109 

37 of this title, this subdivision shall not apply to— 

38 (A) a qualifying small power production facility or qualifying co39 generation facility (within the meaning of section 3 of the Federal 

40 Power Act (16 U.S.C. 796)); or 


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1 (B) a new independent power production facility (as defined in 

2 section 233115(a) of this title) except that section 

3 233115(a)(4)(C) of this title shall not apply for purposes of this 

4 paragraph if, as of November 15, 1990— 

5 (i) an applicable power sales agreement had been executed; 

6 (ii) the facility was the subject of a State regulatory au7 thority order requiring an electric utility to enter into a power 

8 sales agreement with, purchase capacity from, or (for pur9 poses of establishing terms and conditions of the electric util10 ity’s purchase of power) enter into arbitration concerning, the 

11 facility; 

12 (iii) an electric utility had issued a letter of intent or simi13 lar instrument committing to purchase power from the facility 

14 at a previously offered or lower price and a power sales agree15 ment was executed within a reasonable period of time; or 

16 (iv) the facility had been selected as a winning bidder in 

17 a utility competitive bid solicitation)). 

18 (h) OIL- OR GAS-FIRED UNITS WHOSE FUEL CONSUMPTION DURING

19 THE PERIOD 1980 TO 1989 EXCEEDED 90 PERCENT IN THE FORM OF

20 NATURAL GAS.— 

21 (1) EMISSION LIMITATION.—Unless the owner or operator of the 

22 unit holds allowances to emit not less than the oil- or gas-fired utility 

23 unit’s total annual emissions, it shall be unlawful for any oil- or gas24 fired utility unit whose average annual fuel consumption during the pe25 riod 1980 to 1989 on a British thermal unit basis exceeded 90 percent 

26 in the form of natural gas to exceed an annual sulfur dioxide tonnage 

27 limitation equal to— 

28 (A) the unit’s baseline; multiplied by 

29 (B) the unit’s actual 1985 sulfur dioxide emission rate; divided 

30 by 

31 (C) 2,000. 

32 (2) ADDITIONAL ALLOWANCES.— 

33 (A) THROUGH 2009.—In addition to allowances allocated pursu34 ant to paragraph (1) and section 233103(a) of this title as basic 

35 Phase II allowance allocations, for each calendar year through 

36 2009, the Administrator shall allocate annually for each unit sub37 ject to the emission limitation requirements of paragraph (1) al38 lowances from the reserve created pursuant to subsection (a)(2) in 

39 an amount equal to— 

40 (i) the unit’s baseline; multiplied by 


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1 (ii) 0.050 pound per million British thermal units; divided 

2 by 

3 (iii) 2,000. 

4 (B) BEGINNING JANUARY 1, 2010.—In addition to allowances al5 located pursuant to paragraph (1) and section 233103(a) of this 

6 title, beginning January 1, 2010, the Administrator shall allocate 

7 annually for each unit subject to the emission limitation require8 ments of paragraph (1) allowances in an amount equal to— 

9 (i) the unit’s baseline; multiplied by 

10 (ii) 0.050 pound per million British thermal units; divided 

11 by 

12 (iii) 2,000. 

13 (i) UNITS IN HIGH GROWTH STATES.— 

14 (1) UNITS LOCATED IN A STATE THAT EXPERIENCED A GROWTH IN

15 POPULATION IN EXCESS OF 25 PERCENT BETWEEN 1980 AND 1988 AND

16 HAD AN INSTALLED ELECTRICAL GENERATING CAPACITY OF MORE

17 THAN 30,000,000 KILOWATTS IN 1988.— 

18 (A) IN GENERAL.—In addition to allowances allocated pursuant 

19 to this section and section 233103(a) of this title as basic Phase 

20 II allowance allocations, the Administrator shall allocate annually 

21 allowances for each unit described in subparagraph (B) in an 

22 amount equal to the difference between— 

23 (i) the number of allowances that would be allocated for the 

24 unit pursuant to the emission limitation requirements of this 

25 section applicable to the unit adjusted to reflect the unit’s an26 nual average fuel consumption on a British thermal unit basis 

27 of any 3 consecutive calendar years between 1980 and 1989 

28 (inclusive) as elected by the owner or operator; and 

29 (ii) the number of allowances allocated for the unit pursu30 ant to the emission limitation requirements of this section. 

31 (B) UNITS.—A unit referred to in subparagraph (A) is a unit 

32 that is subject to an emission limitation requirement under this 

33 section and is located in a State that— 

34 (i) experienced a growth in population in excess of 25 per35 cent between 1980 and 1988 according to State Population 

36 and Household Estimates, With Age, Sex, and Components of 

37 Change: 1981–1988 allocated by the Secretary of Commerce; 

38 and 

39 (ii) had an installed electrical generating capacity of more 

40 than 30,000,000 kilowatts in 1988. 


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1 (C) LIMITATION.—The number of allowances allocated pursuant 

2 to this paragraph shall not exceed an annual total of 40,000. If 

3 necessary to meet the 40,000 allowance restriction, the Adminis4 trator shall reduce pro rata the additional annual allowances allo5 cated to each unit under this paragraph. 

6 (2) CERTAIN UNITS THE LESSER OF WHOSE ACTUAL 1980 EMISSION

7 RATE OR ALLOWABLE 1980 EMISSION RATE HAD DECLINED BY 50 PER8 CENT OR MORE AS OF NOVEMBER 15, 1990.— 

9 (A) IN GENERAL.—In addition to allowances allocated pursuant 

10 to this section and section 233103(a) of this title as basic Phase 

11 II allowance allocations, the Administrator shall allocate annually 

12 for each unit described in subparagraph (B) allowances in an 

13 amount equal to the difference between— 

14 (i) the number of allowances that would be allocated for the 

15 unit pursuant to the emission limitation requirements of sub16 section (b)(1) adjusted to reflect the unit’s annual average 

17 fuel consumption on a British thermal unit basis for any 3 

18 consecutive years between 1980 and 1989 (inclusive), as 

19 elected by the owner or operator; and 

20 (ii) the number of allowances allocated for the unit pursu21 ant to the emission limitation requirements of subsection 

22 (b)(1). 

23 (B) UNITS.—A unit referred to in subparagraph (A) is a unit 

24 subject to the emission limitation requirements of subsection 

25 (b)(1)— 

26 (i) the lesser of whose actual 1980 emission rate or allow27 able 1980 emission rate had declined by 50 percent or more 

28 as of November 15, 1990; 

29 (ii) whose actual emission rate was less than 1.2 pounds 

30 per million British thermal units as of January 1, 2000; 

31 (iii) that commenced operation after January 1, 1970; 

32 (iv) that is owned by a utility company whose combined 

33 commercial and industrial kilowatt-hour sales increased by 

34 more than 20 percent between calendar year 1980 and No35 vember 15, 1990; and 

36 (v) whose company-wide fossil-fuel sulfur dioxide emission 

37 rate declined 40 percent or more from 1980 to 1988. 

38 (C) LIMITATION.—The number of allowances allocated pursuant 

39 to this paragraph shall not exceed an annual total of 5,000. If nec40 essary to meet the 5,000 allowance restriction, the Administrator 


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1 shall reduce pro rata the additional allowances allocated to each 

2 unit pursuant to this paragraph. 

3 (j) CERTAIN MUNICIPALLY OWNED POWERPLANTS.— 

4 (1) ADDITIONAL ALLOWANCES.—In addition to allowances allocated 

5 pursuant to this section and section 233103(a) of this title as basic 

6 Phase II allowance allocations, the Administrator shall allocate annu7 ally for each unit described in paragraph (2) allowances in an amount 

8 equal to— 

9 (A) the unit’s annual fuel consumption on a British thermal 

10 unit basis at a 60 percent capacity factor; multiplied by 

11 (B) the lesser of its allowable 1985 sulfur dioxide emission rate 

12 or its actual 1985 sulfur dioxide emission rate; divided by 

13 (C) 2,000. 

14 (2) UNITS.—A unit referred to in paragraph (1) is a municipally 

15 owned oil- or gas-fired existing utility unit with nameplate capacity 

16 equal to or less than 40 megawatts electric the lesser of whose actual 

17 1985 sulfur dioxide emission rate or allowable 1985 sulfur dioxide 

18 emission rate is less than 1.20 pounds per million British thermal 

19 units. 

20 § 233106. Allowances for States with emission rates at or 

21 below 0.80 pound per million British thermal units 

22 (a) ELECTION OF GOVERNOR.—In addition to basic Phase II allowance 

23 allocations, on the election of the Governor of any State with a statewide 

24 1985 sulfur dioxide emission rate equal to or less than 0.80 pound per mil25 lion British thermal units averaged over all fossil fuel-fired utility steam 

26 generating units, for each calendar year through 2009, the Administrator 

27 shall allocate, in lieu of other Phase II bonus allowance allocations, allow28 ances from the reserve created pursuant to section 233105(a)(2) of this title 

29 to all such units in the State in an amount equal to— 

30 (1) 125,000; multiplied by 

31 (2) the unit’s pro rata share of electricity generated in calendar year 

32 1985 at fossil fuel-fired utility steam units in all States eligible for the 

33 election. 

34 (b) NOTIFICATION OF ADMINISTRATOR.—Pursuant to section 233103(a) 

35 of this title, each Governor of a State eligible to make an election under 

36 subsection (a) shall notify the Administrator of the election. If the Governor 

37 of any such State fails to notify the Administrator of the Governor’s elec38 tion, the Administrator shall allocate allowances pursuant to section 233105 

39 of this title. 


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1 (c) ALLOWANCES AFTER JANUARY 1, 2010.—After January 1, 2010, the 

2 Administrator shall allocate allowances to units subject this section pursu3 ant to section 233105 of this title. 

4 § 233107. Nitrogen oxide emission reduction program 

5 (a) APPLICABILITY.—A coal-fired utility unit that is an affected unit pur6 suant to section 233105 of this title is an affected unit for purposes of this 

7 section and shall be subject to the emission limitations for nitrogen oxides 

8 established under subsection (b). 

9 (b) EMISSION LIMITATIONS.— 

10 (1) ANNUAL ALLOWABLE EMISSION LIMITATIONS.— 

11 (A) IN GENERAL.—The Administrator shall by regulation estab12 lish annual allowable emission limitations for nitrogen oxides for 

13 the types of utility boilers listed below, which limitations shall not 

14 exceed— 

15 (i) for tangentially fired boilers, 0.45 pound per million 

16 British thermal units; or 

17 (ii) for dry bottom wall-fired boilers (other than units ap18 plying cell burner technology), 0.50 pound per million British 

19 thermal units. 

20 (B) HIGHER RATE.—The Administrator may set a rate higher 

21 than that listed for any type of utility boiler if the Administrator 

22 finds that the maximum listed rate for that boiler type cannot be 

23 achieved using low nitrogen oxide burner technology. 

24 (C) PROHIBITION.—It shall be unlawful for any unit that is an 

25 affected unit on January 1, 1995, and is of the type listed in this 

26 paragraph to emit nitrogen oxides in excess of the emission rates 

27 set by the Administrator pursuant to this paragraph. 

28 (2) ALLOWABLE EMISSION LIMITATIONS ON A POUND PER MILLION

29 BRITISH THERMAL UNIT, ANNUAL AVERAGE BASIS.— 

30 (A) IN GENERAL.—The Administrator shall by regulation estab31 lish allowable emission limitations on a pound per million British 

32 thermal unit, annual average basis, for nitrogen oxides for the fol33 lowing types of utility boilers: 

34 (i) Wet bottom wall-fired boilers. 

35 (ii) Cyclones. 

36 (iii) Units applying cell burner technology. 

37 (iv) All other types of utility boilers. 

38 (B) BASIS.—The Administrator shall base such rates on the de39 gree of reduction achievable through the retrofit application of the 

40 best system of continuous emission reduction, taking into account 

41 available technology, costs, and energy and environmental impacts, 


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1 the costs of which are comparable to the costs of nitrogen oxides 

2 controls set pursuant to subsection (b)(1). 

3 (C) REVISION OF APPLICABLE EMISSION LIMITATIONS FOR TAN4 GENTIALLY FIRED AND DRY BOTTOM, WALL-FIRED BOILERS

5 (OTHER THAN CELL BURNERS).— 

6 (i) IN GENERAL.—Not later than January 1, 1997, the Ad7 ministrator may revise the applicable emission limitations for 

8 tangentially fired and dry bottom wall-fired boilers (other 

9 than cell burners) to be more stringent if the Administrator 

10 determines that more effective low nitrogen oxide burner tech11 nology is available. 

12 (ii) LIMITATION.—No unit that was an affected unit pursu13 ant to section 404 of the Clean Air Act (42 U.S.C. 7651c) 

14 (as in effect before the repeal of that section) and that is sub15 ject to subsection (b)(1) shall be subject to the revised emis16 sion limitations under clause (i), if any. 

17 (c) REVISED PERFORMANCE STANDARDS.—The Administrator shall pro18 mulgate revised standards of performance under section 211111 of this title 

19 for nitrogen oxides emissions from fossil fuel-fired steam generating units, 

20 including utility units and nonutility units. The revised standards of per21 formance shall reflect improvements in methods for the reduction of emis22 sions of nitrogen oxides. 

23 (d) ALTERNATIVE EMISSION LIMITATIONS.— 

24 (1) IN GENERAL.—A permitting authority shall, on request of an 

25 owner or operator of a unit subject to this section, authorize an emis26 sion limitation less stringent than the applicable limitation established 

27 under subsection (b) on a determination that— 

28 (A) a unit subject to subsection (b)(1) cannot meet the applica29 ble limitation using low nitrogen oxide burner technology; or 

30 (B) a unit subject to subsection (b)(2) cannot meet the applica31 ble rate using the technology on which the Administrator based 

32 the applicable emission limitation. 

33 (2) BASIS.—The permitting authority shall base a determination 

34 under paragraph (1) on a showing satisfactory to the permitting au35 thority, in accordance with regulations established by the Adminis36 trator, that the owner or operator— 

37 (A) has properly installed appropriate control equipment de38 signed to meet the applicable emission rate; 

39 (B) has properly operated the equipment for a period of 15 

40 months (or such other period of time as the Administrator deter41 mines through the regulations), and provides operating and moniVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 toring data for that period demonstrating that the unit cannot 

2 meet the applicable emission rate; and 

3 (C) has specified an emission rate that the unit can meet on an 

4 annual average basis. 

5 (3) OPERATING PERMIT.—The permitting authority— 

6 (A) shall issue an operating permit for the unit in accordance 

7 with section 233108 of this title and subdivision 6 that permits 

8 the unit, during the demonstration period described in paragraph 

9 (2)(B), to emit at a rate in excess of the applicable emission rate; 

10 and 

11 (B) at the conclusion of the demonstration period, shall revise 

12 the operating permit to reflect the alternative emission rate dem13 onstrated under subparagraphs (B) and (C) of paragraph (2). 

14 (4) NO ADDITIONAL CONTROL TECHNOLOGY.—A unit subject to sub15 section (b)(1) for which an alternative emission limitation is established 

16 shall not be required to install any control technology except low nitro17 gen oxide burners. 

18 (5) ALTERNATIVE NITROGEN OXIDE CONTROL TECHNOLOGY.—Noth19 ing in this section shall preclude an owner or operator from installing 

20 and operating an alternative nitrogen oxide control technology capable 

21 of achieving the applicable emission limitation. 

22 (e) EMISSIONS AVERAGING.— 

23 (1) IN GENERAL.—In lieu of complying with the applicable emission 

24 limitations under paragraph (1) or (2) of subsection (b) or under sub25 section (d), the owner or operator of 2 or more units subject to 1 or 

26 more of the applicable emission limitations set pursuant to those provi27 sions may petition the permitting authority for alternative contempora28 neous annual emission limitations for the units that ensure that the ac29 tual annual emission rate in pounds of nitrogen oxides per million Brit30 ish thermal units averaged over the units in question is a rate that is 

31 less than or equal to the British thermal unit-weighted average annual 

32 emission rate for the same units if they had been operated, during the 

33 same period of time, in compliance with limitations set in accordance 

34 with the applicable emission rates set pursuant to paragraphs (1) and 

35 (2) of subsection (b). 

36 (2) OPERATING PERMITS.—If the permitting authority determines, 

37 in accordance with regulations issued by the Administrator, that the 

38 conditions in paragraph (1) can be met, the permitting authority shall 

39 issue operating permits for the units in accordance with section 233108 

40 of this title and subdivision 6 that allow alternative contemporaneous 

41 annual emission limitations. Such emission limitations shall remain in 


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1 effect only while both units continue operation under the conditions 

2 specified in their respective operating permits. 

3 § 233108. Permits and compliance plans 

4 (a) PERMIT PROGRAM.— 

5 (1) IN GENERAL.—This subdivision shall be implemented, subject to 

6 section 233103 of this title, by permits issued to units subject to this 

7 subdivision in accordance with subdivision 6 and enforced in accordance 

8 with that subdivision, as modified by this subdivision. 

9 (2) PROHIBITIONS.—Any such permit issued by the Administrator, 

10 or by a State with an approved permit program, shall prohibit— 

11 (A) annual emissions of sulfur dioxide in excess of the number 

12 of allowances to emit sulfur dioxide that the owner or operator, 

13 or the designated representative of the owner or operator, of the 

14 unit holds for the unit; 

15 (B) exceedances of applicable emission rates; 

16 (C) the use of any allowance prior to the year for which it was 

17 allocated; and 

18 (D) contravention of any other provision of the permit. 

19 (3) DURATION.—A permit issued to implement this subdivision shall 

20 be issued for a period of 5 years, notwithstanding subdivision 6. 

21 (4) INCONSISTENCY WITH REQUIREMENTS.—No permit shall be 

22 issued that is inconsistent with the requirements of this subdivision or 

23 of subdivision 6 as applicable. 

24 (b) COMPLIANCE PLAN.— 

25 (1) IN GENERAL.—Each initial permit application shall be accom26 panied by a compliance plan for the source to comply with its require27 ments under this subdivision. 

28 (2) MULTIPLE AFFECTED UNITS.—Where an affected source consists 

29 of more than 1 affected unit— 

30 (A) the plan shall cover all such units; and 

31 (B) for purposes of section 235102(c) of this title, the source 

32 shall be considered to be a facility. 

33 (3) ALLOWANCES.—Nothing in this section regarding compliance 

34 plans or in subdivision 6 shall be construed as affecting allowances. 

35 (4) STATEMENT DEEMED TO MEET COMPLIANCE PLANNING RE36 QUIREMENTS.—Except as provided under subsection (c)(1)(B), submis37 sion of a statement by the owner or operator (or the designated rep38 resentative of the owners and operators) of a unit subject to the emis39 sion limitation requirements of sections 233105 and 233107 of this 

40 title that the unit will meet the applicable emission limitation require41 ments of those sections in a timely manner or, in the case of the emisVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 sion limitation requirements of section 233105 of this title, that the 

2 owner or operator will hold allowances to emit not less than the total 

3 annual emissions of the unit, shall be deemed to meet the proposed and 

4 approved compliance planning requirements of this section and subdivi5 sion 6. 

6 (5) TRANSFERS OF ALLOWANCES.—Recordation by the Adminis7 trator of the transfer of an allowance shall amend automatically all ap8 plicable proposed or approved permit applications, compliance plans, 

9 and permits. 

10 (6) ADDITIONAL REQUIREMENTS.—The Administrator may re11 quire— 

12 (A) for a source, a demonstration of attainment of NAAQSes; 

13 and 

14 (B) from the owner or operator of 2 or more affected sources, 

15 an integrated compliance plan providing an overall plan for achiev16 ing compliance at the affected sources. 

17 (c) NITROGEN OXIDE EMISSION PERMITS.— 

18 (1) IN GENERAL.—The Administrator shall issue permits to affected 

19 sources under section 233107 of this title. 

20 (2) PERMIT APPLICATION AND COMPLIANCE PLAN.— 

21 (A) IN GENERAL.—The owner or operator, or the designated 

22 representative of the owner or operator, of each affected source 

23 under section 233107 of this title shall submit a permit applica24 tion and compliance plan for that source in accordance with regu25 lations issued by the Administrator under paragraph (4). The per26 mit application and the compliance plan shall be binding on the 

27 owner or operator and the designated representative of the owner 

28 or operator for purposes of this subdivision and shall be enforce29 able in lieu of a permit until a permit is issued by the Adminis30 trator for the source. 

31 (B) REDUCTION OF UTILIZATION OR SHUTDOWN.—In the case 

32 of a compliance plan for an affected source under section 233107 

33 of this title for which the owner or operator proposes to meet the 

34 requirements of that section by reducing utilization of the unit as 

35 compared with its baseline or by shutting down the unit, the 

36 owner or operator shall include in the proposed compliance plan 

37 a specification of the unit or units that will provide electrical gen38 eration to compensate for the reduced output at the affected 

39 source, or a demonstration that the reduced utilization will be ac40 complished through energy conservation or improved unit effi41 ciency. 


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1 (3) EPA ACTION ON COMPLIANCE PLANS.—The Administrator shall 

2 review each proposed compliance plan to determine whether it satisfies 

3 the requirements of this subdivision, and shall approve or disapprove 

4 the plan within 6 months after receipt of a complete submission. If a 

5 plan is disapproved, it may be resubmitted for approval with such 

6 changes as the Administrator shall require consistent with the require7 ments of this subdivision and within such period as the Administrator 

8 prescribes as part of the disapproval. 

9 (4) REGULATIONS; ISSUANCE OF PERMITS.—The Administrator shall 

10 promulgate regulations, in accordance with subdivision 6, to implement 

11 a Federal permit program to issue permits for affected sources under 

12 this subdivision. 

13 (d) 2d PHASE PERMITS.— 

14 (1) PERMIT PROGRAM.— 

15 (A) IN GENERAL.—To provide for permits for— 

16 (i) new electric utility steam generating units required 

17 under section 233103(d) of this title to have allowances; 

18 (ii) affected units or affected sources under section 233105 

19 of this title; and 

20 (iii) existing units subject to nitrogen oxide emission reduc21 tions under section 233107 of this title; 

22 each State in which 1 or more such units or sources are located 

23 shall submit in accordance with subdivision 6 a permit program 

24 for approval as provided by that subdivision. 

25 (B) SUSPENSION OF ISSUANCE OF PERMITS UNDER SUBDIVI26 SION 6.—On approval of the program, for the units or sources 

27 subject to the approved program the Administrator shall suspend 

28 the issuance of permits under subdivision 6. 

29 (2) SUBMISSION OF PERMIT APPLICATIONS AND COMPLIANCE

30 PLANS.—The owner or operator or the designated representative of 

31 each affected source under section 233105 of this title shall submit a 

32 permit application and compliance plan for that source to the permit33 ting authority. 

34 (3) ISSUANCE OF PERMITS.— 

35 (A) IN GENERAL.—Each State with an approved permit pro36 gram shall issue permits to the owner or operator, or the des37 ignated representative of the owner or operator, of affected 

38 sources under section 233105 of this title that satisfy the require39 ments of this subdivision and subdivision 6 and that submitted to 

40 the State a permit application and compliance plan pursuant to 

41 paragraph (2). In the case of a State without an approved permit 


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1 program by July 1, 1996, the Administrator shall issue a permit 

2 to the owner or operator or the designated representative of each 

3 such affected source. In the case of an affected source for which 

4 an application and compliance plan are timely received under 

5 paragraph (2), the permit application and the compliance plan, in6 cluding amendments thereto, shall be binding on the owner or op7 erator or the designated representative of the owner or operator 

8 and shall be enforceable as a permit for purposes of this subdivi9 sion and subdivision 6 until a permit is issued by the permitting 

10 authority for the affected source. 

11 (B) RENEWALS.—The 3d sentence of section 558(c) of title 5 

12 shall apply to permits issued by a permitting authority under this 

13 subdivision and subdivision 6. 

14 (4) ANNUAL TONNAGE.—A permit issued in accordance with this 

15 subsection for an affected source shall provide that the affected units 

16 at the affected source may not emit an annual tonnage of sulfur diox17 ide in excess of the number of allowances to emit sulfur dioxide that 

18 the owner or operator or designated representative holds for the unit. 

19 (e) NEW UNITS.—The owner or operator of each source that includes a 

20 new electric utility steam generating unit shall submit a permit application 

21 and compliance plan to the permitting authority not later than 24 months 

22 before the date on which the unit commences operation. The permitting au23 thority shall issue a permit to the owner or operator, or the designated rep24 resentative of the owner or operator, of the unit that satisfies the require25 ments of this subdivision and subdivision 6. 

26 (f) UNITS SUBJECT TO CERTAIN OTHER LIMITS.—The owner or oper27 ator, or designated representative of the owner or operator, of any unit sub28 ject to an emission rate requirement under section 233107 of this title shall 

29 submit a permit application and compliance plan for the unit to the permit30 ting authority. The permitting authority shall issue a permit to the owner 

31 or operator that satisfies the requirements of this subdivision and subdivi32 sion 6, including any appropriate monitoring and reporting requirements. 

33 (g) AMENDMENT OF APPLICATION AND COMPLIANCE PLAN.—At any 

34 time after the submission of an application and compliance plan under this 

35 section, the applicant may submit a revised application and compliance plan, 

36 in accordance with the requirements of this section. In considering any per37 mit application and compliance plan under this subdivision, a permitting au38 thority shall ensure coordination with the applicable electric ratemaking au39 thority, in the case of regulated utilities, and with unregulated public utili40 ties. 

41 (h) PROHIBITIONS.— 


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1 (1) FAILURE TO SUBMIT APPLICATION OR COMPLIANCE PLAN.—It 

2 shall be unlawful for an owner or operator, or designated representa3 tive, required to submit a permit application or compliance plan under 

4 this subdivision to fail to submit an application or compliance plan in 

5 accordance with the deadlines specified in this section or to otherwise 

6 fail to comply with regulations implementing this section. 

7 (2) OPERATION.—It shall be unlawful for any person to operate any 

8 source subject to this subdivision except in compliance with the terms 

9 and requirements of a permit application and compliance plan (includ10 ing amendments thereto) or permit issued by the Administrator or a 

11 State with an approved permit program. For purposes of this sub12 section, compliance, as provided in section 235104(f) of this title, with 

13 a permit issued under subdivision 6 that complies with this subdivision 

14 for sources subject to this subdivision shall be deemed to be compliance 

15 with this subsection and with section 235102(a) of this title. 

16 (3) RELIABILITY.—To ensure reliability of electric power, nothing in 

17 this subdivision or subdivision 6 shall be construed as requiring termi18 nation of operations of an electric utility steam generating unit for fail19 ure to have an approved permit or compliance plan, except that any 

20 such unit may be subject to the applicable enforcement provisions of 

21 section 211113 of this title. 

22 (i) MULTIPLE OWNERS.— 

23 (1) IN GENERAL.—No permit shall be issued under this section to 

24 an affected unit until the designated representative of the owner or op25 erator has filed a certificate of representation with regard to matters 

26 under this subdivision, including the holding and distribution of allow27 ances and the proceeds of transactions involving allowances. 

28 (2) MULTIPLE HOLDERS OF TITLE OR LEASEHOLD INTEREST; LIFE29 OF-THE-UNIT, FIRM POWER CONTRACTUAL ARRANGEMENTS.— 

30 (A) IN GENERAL.—Where there are multiple holders of a legal 

31 or equitable title to, or a leasehold interest in, an affected unit, 

32 or where a utility or industrial customer purchases power from an 

33 affected unit (or units) under life-of-the-unit, firm power contrac34 tual arrangements, the certificate shall state— 

35 (i) that allowances and the proceeds of transactions involv36 ing allowances will be deemed to be held or distributed in pro37 portion to each holder’s legal, equitable, leasehold, or contrac38 tual reservation or entitlement; or 

39 (ii) if the multiple holders have expressly provided for a dif40 ferent distribution of allowances by contract, that allowances 

41 and the proceeds of transactions involving allowances will be 


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1 deemed to be held or distributed in accordance with the con2 tract. 

3 (B) PASSIVE LESSORS.—A passive lessor, or a person that has 

4 an equitable interest through a passive lessor, whose rental pay5 ments are not based, either directly or indirectly, on the revenues 

6 or income from the affected unit shall not be deemed to be a hold7 er of a legal, equitable, leasehold, or contractual interest for the 

8 purpose of holding or distributing allowances as provided in this 

9 subsection, during the term of the leasehold or thereafter, unless 

10 expressly provided for in the leasehold agreement. 

11 (C) SINGLE HOLDER.—Except as otherwise provided in this 

12 subsection, where all legal or equitable title to or interest in an 

13 affected unit is held by a single person, the certification shall state 

14 that all allowances received by the unit are deemed to be held for 

15 that person. 

16 § 233109. Election for additional sources 

17 (a) APPLICABILITY.—The owner or operator of any unit that is not, and 

18 will not become, an affected unit under section 233103(d) or 233105 of this 

19 title, or that is a process source under subsection (d), that emits sulfur diox20 ide, may elect to designate that unit or source to become an affected unit 

21 and to receive allowances under this subdivision. An election shall be sub22 mitted to the Administrator for approval, with a permit application and pro23 posed compliance plan in accordance with section 233108 of this title. The 

24 Administrator shall approve a designation that meets the requirements of 

25 this section, and the designated unit or source shall be allocated allowances 

26 and be an affected unit for purposes of this subdivision. 

27 (b) ESTABLISHMENT OF BASELINE.—The baseline for a unit designated 

28 under this section shall be established by the Administrator by regulation, 

29 based on fuel consumption and operating data for the unit for calendar 

30 years 1985, 1986, and 1987, or if such data are not available, the Adminis31 trator may prescribe a baseline based on alternative representative data. 

32 (c) EMISSION LIMITATIONS.—Annual emission limitations for sulfur diox33 ide shall be equal to— 

34 (1)(A) the baseline; multiplied by 

35 (B)(i) the lesser of the unit’s actual 1985 sulfur dioxide emission 

36 rate or allowable 1985 sulfur dioxide emission rate in pounds per mil37 lion British thermal units; or 

38 (ii) if the unit did not operate in 1985, the lesser of the unit’s actual 

39 emission rate or allowable emission rate for a calendar year after 1985 

40 (as determined by the Administrator); divided by 

41 (2) 2,000. 


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1 (d) PROCESS SOURCES.— 

2 (1) IN GENERAL.—The Administrator shall establish a program 

3 under which the owner or operator of a process source that emits sul4 fur dioxide may elect to designate that source as an affected unit for 

5 the purpose of receiving allowances under this subdivision. 

6 (2) REGULATIONS.—The Administrator shall by regulation— 

7 (A) define the sources that may be designated; 

8 (B) specify the emission limitation; 

9 (C) specify the operating, emission baseline, and other data re10 quirements; 

11 (D) prescribe continuous emission monitoring system or other 

12 monitoring requirements; and 

13 (E) promulgate permit, reporting, and any other requirements 

14 necessary to implement the program under paragraph (1). 

15 (e) ALLOWANCES AND PERMITS.—The Administrator shall issue allow16 ances to an affected unit under this section in an amount equal to the emis17 sion limitation calculated under subsection (c) or (d), in accordance with 

18 section 233103 of this title. Such an allowance may be used in accordance 

19 with, and shall be subject to, section 233103 of this title. An affected source 

20 under this section shall be subject to the requirements of sections 233103, 

21 233108, 233110, 233111, 233112, and 233113 of this title. 

22 (f) LIMITATION.— 

23 (1) IN GENERAL.—Any unit designated under this section shall not 

24 transfer or bank allowances produced as a result of reduced utilization 

25 or shutdown, except that such allowances may be transferred or carried 

26 forward for use in subsequent years to the extent that— 

27 (A) the reduced utilization or shutdown results from the re28 placement of thermal energy from the unit designated under this 

29 section with thermal energy generated by any other unit or units 

30 subject to the requirements of this subdivision; and 

31 (B) the designated unit’s allowances are transferred or carried 

32 forward for use at the other replacement unit or units. 

33 (2) NO ALLOWANCES IN AN AMOUNT GREATER THAN THE EMISSIONS

34 RESULTING FROM OPERATION OF THE SOURCE IN FULL COMPLI35 ANCE.—In no case may the Administrator allocate to a source des36 ignated under this section allowances in an amount greater than the 

37 emissions resulting from operation of the source in full compliance with 

38 the requirements of this division. 

39 (3) NO OPERATION OF UNIT IN VIOLATION OF OTHER REQUIRE40 MENTS.—No such allowances shall authorize operation of a unit in vio41 lation of any other requirements of this division. 


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1 (g) IMPLEMENTATION.—The Administrator shall issue regulations to im2 plement this section. 

3 § 233110. Excess emission penalty; excess emission offset 

4 (a) EXCESS EMISSIONS PENALTY.— 

5 (1) IN GENERAL.—The owner or operator of any unit or process 

6 source subject to the requirements of section 233103, 233105, 233106, 

7 or 233107 of this title, or designated under section 233109 of this title, 

8 that emits sulfur dioxide or nitrogen oxides for any calendar year in 

9 excess of the unit’s emission limitation requirement or, in the case of 

10 sulfur dioxide, of the allowances that the owner or operator holds for 

11 use for the unit for that calendar year, shall be liable for the payment 

12 of an excess emission penalty, except where the emissions are author13 ized pursuant to section 211110(d) of this title. 

14 (2) BASIS.—A penalty under paragraph (1) shall be calculated on 

15 the basis of the number of tons emitted in excess of the unit’s emission 

16 limitation requirement or, in the case of sulfur dioxide, of the allow17 ances the operator holds for use for the unit for that year, multiplied 

18 by $2,000. 

19 (3) PAYMENT.—A penalty under paragraph (1) shall be due and 

20 payable without demand to the Administrator as provided in regula21 tions issued by the Administrator. 

22 (4) LIABILITY UNDER OTHER SECTIONS.—Any penalty under this 

23 section shall not diminish the liability of the unit’s owner or operator 

24 for any fine, penalty, or assessment against a unit for the same viola25 tion under any other section of this division. 

26 (b) EXCESS EMISSION OFFSET.— 

27 (1) IN GENERAL.—The owner or operator of any affected source that 

28 emits sulfur dioxide during any calendar year in excess of the unit’s 

29 emission limitation requirement or of the allowances held for the unit 

30 for the calendar year shall be liable to offset the excess emission by 

31 an equal tonnage amount in the following calendar year, or such longer 

32 period as the Administrator may prescribe. 

33 (2) PLAN TO ACHIEVE OFFSETS.—The owner or operator of the 

34 source shall, within 60 days after the end of the year in which the ex35 cess emission occurred, submit to the Administrator, and to the State 

36 in which the source is located, a proposed plan to achieve the required 

37 offsets. On approval of the proposed plan by the Administrator, as sub38 mitted, modified, or conditioned, the plan shall be deemed to be a con39 dition of the operating permit for the unit without further review or 

40 revision of the permit. 


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1 (3) DEDUCTION OF ALLOWANCES.—In addition to requiring a plan 

2 under paragraph (2), the Administrator shall deduct allowances equal 

3 to the excess tonnage from those allocated for the source for the cal4 endar year, or succeeding years during which offsets are required, fol5 lowing the year in which the excess emission occurred. 

6 (c) PENALTY ADJUSTMENT.—The Administrator shall annually by regu7 lation adjust the penalty specified in subsection (a) for inflation, based on 

8 the Consumer Price Index as of November 15, 1990. 

9 (d) PROHIBITION.—It shall be unlawful for the owner or operator of any 

10 source liable for a penalty and offset under this section to fail to— 

11 (1) pay a penalty under subsection (a); 

12 (2) provide, and thereafter comply with, a compliance plan as re13 quired by subsection (b); or 

14 (3) offset an excess emission as required by subsection (b). 

15 (e) SAVINGS PROVISION.—Nothing in this subdivision shall limit or other16 wise affect the application of section 203104, 211113, 211114, or 211119 

17 of this title except as otherwise explicitly provided in this subdivision. 

18 § 233111. Monitoring, reporting, and recordkeeping require19 ments 

20 (a) APPLICABILITY.— 

21 (1) IN GENERAL.—The owner or operator of an affected unit at an 

22 affected source shall— 

23 (A) install and operate a continuous emission monitoring system 

24 on each affected unit at the affected source; and 

25 (B) ensure the quality of the data for sulfur dioxide, nitrogen 

26 oxides, opacity, and volumetric flow at each affected unit. 

27 (2) REGULATIONS.— 

28 (A) IN GENERAL.—The Administrator shall by regulation speci29 fy the requirements for— 

30 (i) continuous emission monitoring systems; 

31 (ii) any alternative monitoring system that is demonstrated 

32 as providing information with the same precision, reliability, 

33 accessibility, and timeliness as that provided by a continuous 

34 emission monitoring system; and 

35 (iii) recordkeeping and reporting of information from sys36 tems described in clauses (i) and (ii). 

37 (B) CONTENTS.—The regulations may include limitations or the 

38 use of alternative compliance methods by units equipped with an 

39 alternative monitoring system as necessary to preserve the orderly 

40 functioning of the allowance system and ensure the emissions re41 ductions contemplated by this subdivision. 


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1 (3) SINGLE STACK.—Where 2 or more units utilize a single stack, 

2 a separate continuous emission monitoring system shall not be required 

3 for each unit, and for such units the regulations shall require that the 

4 owner or operator collect sufficient information to permit reliable com5 pliance determinations for each unit. 

6 (b) REQUIREMENTS.—The owner or operator of each affected unit that 

7 has not previously met the requirements of subsection (a) and section 

8 412(b) of the Clean Air Act (42 U.S.C. 7651k(b)) (as in effect before the 

9 repeal of that section) shall install and operate a continuous emission moni10 toring system, ensure the quality of the data, and keep records and reports 

11 in accordance with the regulations issued under subsection (a). On com12 mencement of commercial operation of each new utility unit, the unit shall 

13 comply with the requirements of subsection (a). 

14 (c) UNAVAILABILITY OF EMISSION DATA.— 

15 (1) IN GENERAL.—If continuous emission monitoring system data or 

16 data from an alternative monitoring system approved by the Adminis17 trator under subsection (a) are not available for any affected unit dur18 ing any period of a calendar year in which the data are required under 

19 this subdivision, and the owner or operator cannot provide information, 

20 satisfactory to the Administrator, on emissions during that period, the 

21 Administrator— 

22 (A) shall deem the unit to be operating in an uncontrolled man23 ner during the entire period for which the data were not available; 

24 and 

25 (B) shall by regulation prescribe means to calculate emissions 

26 for that period. 

27 (2) EXCESS EMISSION FEES AND OFFSETS.—The owner or operator 

28 shall be liable for excess emission fees and offsets under section 

29 233110 of this title in accordance with the regulations. 

30 (3) LIABILITY UNDER OTHER SECTIONS.—Any fee due and payable 

31 under this subsection shall not diminish the liability of the unit’s owner 

32 or operator for any fine, penalty, fee, or assessment against the unit 

33 for the same violation under any other section of this division. 

34 (d) PROHIBITION.—It shall be unlawful for the owner or operator of an 

35 affected source to operate a source without complying with the requirements 

36 of this section (including any regulations implementing this section). 

37 § 233112. General compliance with other provisions 

38 Except as expressly provided, compliance with the requirements of this 

39 subdivision shall not exempt or exclude the owner or operator of an affected 

40 source from compliance with any other applicable requirements of this divi41 sion. 


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1 § 233113. Enforcement 

2 In addition to the other requirements and prohibitions provided for in this 

3 subdivision, the operation of any affected unit to emit sulfur dioxide in ex4 cess of allowances held for the unit shall be deemed a violation, with each 

5 ton emitted in excess of allowances held constituting a separate violation. 

6 § 233114. Clean coal technology regulatory incentives 

7 (a) DEFINITIONS.—In this section: 

8 (1) CLEAN COAL TECHNOLOGY.—The term ‘‘clean coal technology’’ 

9 means any technology (including technology applied at the 

10 precombustion, combustion, or post combustion stage) at a new or ex11 isting facility that will achieve significant reductions in air emissions 

12 of sulfur dioxide or nitrogen oxides associated with the utilization of 

13 coal in the generation of electricity, process steam, or industrial prod14 ucts, that was not in widespread use as of November 15, 1990. 

15 (2) CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT.—The 

16 term ‘‘clean coal technology demonstration project’’ means a project 

17 using funds appropriated under the heading ‘‘Department of Energy— 

18 Clean Coal Technology’’, up to a total amount of $2,500,000,000 for 

19 commercial demonstration of clean coal technology, or a similar project 

20 funded through appropriations for EPA. 

21 (b) REGULATIONS FOR CLEAN COAL TECHNOLOGY DEMONSTRATIONS.— 

22 (1) APPLICABILITY.—This subsection applies to physical or oper23 ational changes to existing facilities for the sole purpose of installation, 

24 operation, cessation, or removal of a temporary or permanent clean coal 

25 technology demonstration project. 

26 (2) FEDERAL CONTRIBUTION.—The Federal contribution for a clean 

27 coal technology demonstration project shall be at least 20 percent of 

28 the total cost of the clean coal technology demonstration project. 

29 (3) TEMPORARY PROJECTS.—Installation, operation, cessation, or re30 moval of a temporary clean coal technology demonstration project that 

31 is operated for a period of 5 years or less, and that complies with the 

32 State implementation plans for the State in which the project is located 

33 and other requirements necessary to attain and maintain the NAAQSes 

34 during and after the project is terminated, shall not subject the facility 

35 to the requirements of section 211111 of this title or chapter 213 or 

36 215. 

37 (4) PERMANENT PROJECTS.—For permanent clean coal technology 

38 demonstration projects that constitute repowering, a clean coal tech39 nology demonstration project shall not be subject to standards of per40 formance under section 211111 of this title or to the review and per41 mitting requirements of chapter 213 for any pollutant the potential 


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1 emissions of which will not increase as a result of the clean coal tech2 nology demonstration project. 

3 (5) REGULATIONS.—The Administrator shall promulgate regulations 

4 or interpretive rulings to revise requirements under section 211111 of 

5 this title and chapters 213 and 215, as appropriate, to facilitate 

6 projects consistent with this subsection. With respect to chapters 213 

7 and 215, the regulations or rulings shall apply to all areas in which 

8 EPA is the permitting authority. In instances in which the State is the 

9 permitting authority under chapter 213 or 215, the State may adopt 

10 and submit to the Administrator for approval provisions in its imple11 mentation plan to apply the regulations or rulings promulgated under 

12 this subsection. 

13 (c) EXEMPTION FOR REACTIVATION OF VERY CLEAN UNITS.—Physical 

14 changes or changes in the method of operation associated with the com15 mencement of commercial operations by a coal-fired utility unit after a pe16 riod of discontinued operation shall not subject the unit to the requirements 

17 of section 211111 of this title or chapter 213 where the unit— 

18 (1) was not in operation for the 2-year period prior to November 15, 

19 1990, and the emissions from the unit continued to be carried in the 

20 permitting authority’s emissions inventory as of that date; 

21 (2) was equipped prior to shutdown with a continuous system of 

22 emission control that achieves a removal efficiency for sulfur dioxide of 

23 not less than 85 percent and a removal efficiency for particulates of 

24 not less than 98 percent; 

25 (3) is equipped with low-nitrogen oxide burners prior to the time of 

26 commencement; and 

27 (4) is otherwise in compliance with the requirements of this division. 

28 § 233115. Contingency guarantee; auctions; reserve 

29 (a) DEFINITIONS.—In this section: 

30 (1) AUCTION SUBACCOUNT.—The term ‘‘auction subaccount’’ means 

31 the subaccount for auctions established under subsection (d). 

32 (2) DIRECT SALE SUBACCOUNT.—The term ‘‘direct sale subaccount’’ 

33 means the subaccount for direct sales established under subsection (c). 

34 (3) INDEPENDENT POWER PRODUCER.—The term ‘‘independent 

35 power producer’’ means a person that owns or operates, in whole or 

36 in part, 1 or more new independent power production facilities. 

37 (4) NEW INDEPENDENT POWER PRODUCTION FACILITY.—The term 

38 ‘‘new independent power production facility’’ means a facility that— 

39 (A) is used for the generation of electric energy, 80 percent or 

40 more of which is sold at wholesale; 


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1 (B) is nonrecourse project-financed (as defined by the Secretary 

2 of Energy within 3 months of November 15, 1990); 

3 (C) does not generate electric energy sold to any affiliate (as de4 fined in section 2(a) of the Public Utility Holding Company Act 

5 of 1935) (15 U.S.C. 79b(a)) (as in effect before the repeal of that 

6 section) of the facility’s owner or operator unless the owner or op7 erator of the facility demonstrates that it cannot obtain allowances 

8 from the affiliate; and 

9 (D) is a new unit required to hold allowances under this subdivi10 sion. 

11 (5) REQUIRED ALLOWANCES.—The term ‘‘required allowances’’ 

12 means the allowances required to operate a unit for so much of the 

13 unit’s useful life as occurs after January 1, 2000. 

14 (6) SPECIAL ALLOWANCE RESERVE.—The term ‘‘special allowance 

15 reserve’’ means the special allowance reserve established under sub16 section (b). 

17 (b) SPECIAL ALLOWANCE RESERVE.— 

18 (1) IN GENERAL.—The Administrator shall promulgate regulations 

19 establishing a special allowance reserve containing allowances to be sold 

20 under this section. 

21 (2) WITHHOLDING.—For purposes of establishing the special allow22 ance reserve, the Administrator shall withhold 2.8 percent of the basic 

23 Phase II allowance allocation of allowances for each year that would 

24 (but for this subsection) be issued for each affected unit at an affected 

25 source. The Administrator shall record such withholding for purposes 

26 of transferring the proceeds of the allowance sales under this sub27 section. The allowances so withheld shall be deposited in the special al28 lowance reserve. 

29 (c) DIRECT SALE AT $1,500 PER TON.— 

30 (1) DIRECT SALE SUBACCOUNT.—In accordance with regulations 

31 under this section, the Administrator shall establish a direct sale sub32 account in the special allowance reserve. The direct sale subaccount 

33 shall contain allowances in the amount of 50,000 tons per year for each 

34 year. 

35 (2) SALES.— 

36 (A) IN GENERAL.—Allowances in the direct sale subaccount 

37 shall be offered for direct sale to any person at the times and in 

38 the amounts specified in table 1 at a price of $1,500 per allow39 ance, adjusted by the Consumer Price Index in the same manner 

40 as is provided in paragraph (3). 


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TABLE 1—NUMBER OF ALLOWANCES AVAILABLE FOR SALE AT $1,500 PER TON

Year of Sale Spot Sale 

(same year) Advance Sale 

2000 and thereafter ............................................. 25,000 25,000 

Allowances sold in the spot sale in any year are allowances that may be used only 

in that year (unless banked for use in a later year). Allowances sold in the advance 

sale in any year are allowances that may be used only in the 7th year after the year 

in which the allowances are first offered for sale (unless banked for use in a later 

year). 

1 (B) APPROVAL.—Requests to purchase allowances from the di2 rect sale subaccount shall be approved in the order of receipt until 

3 no allowances remain in the subaccount, except that an oppor4 tunity to purchase such allowances shall be provided to inde5 pendent power producers before the allowances are offered to any 

6 other person. 

7 (C) PAYMENT.—Each applicant shall be required to pay 50 per8 cent of the total purchase price of the allowances within 6 months 

9 after the approval of the request to purchase. The remainder shall 

10 be paid on or before the transfer of the allowances. 

11 (3) ISSUANCE OF GUARANTEED ALLOWANCES FROM DIRECT SALE

12 SUBACCOUNT.—From the allowances available in the direct sale sub13 account, on payment of the guaranteed price, the Administrator shall 

14 issue to any person exercising the right to purchase allowances pursu15 ant to a guarantee under this subsection the allowances covered by the 

16 guarantee. Persons to which guarantees under this subsection have 

17 been issued shall have the opportunity to purchase allowances pursuant 

18 to the guarantee from the direct sale subaccount before the allowances 

19 in the reserve are offered for sale to any other person. 

20 (4) PROCEEDS.—Notwithstanding section 3302 of title 31 or any 

21 other provision of law, the Administrator shall require that the pro22 ceeds of any sale under this subsection be transferred, within 90 days 

23 after the sale, without charge, on a pro rata basis to the owners or 

24 operators of the affected units from which the allowances were withheld 

25 under subsection (b) and that any unsold allowances be transferred to 

26 the auction subaccount. No proceeds of any sale under this subsection 

27 shall be held by any officer or employee of the United States or treated 

28 for any purpose as revenue to the United States or to the Adminis29 trator. 

30 (5) TERMINATION OF DIRECT SALE SUBACCOUNT.—If the Adminis31 trator determines that, during any period of 2 consecutive calendar 

32 years, fewer than 20 percent of the allowances available in the direct 

33 sale subaccount have been purchased under this paragraph, the Admin34 istrator shall terminate the direct sale subaccount and transfer the al35 lowances to the auction subaccount. 


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1 (d) AUCTION SALES.— 

2 (1) AUCTION SUBACCOUNT.—The Administrator shall establish in 

3 the special allowance reserve an auction subaccount. The auction sub4 account shall contain allowances to be sold at auction under this sec5 tion in the amount of 250,000 tons per year. 

6 (2) ANNUAL AUCTIONS.— 

7 (A) IN GENERAL.—In each year, the Administrator shall con8 duct auctions at which the allowances described in paragraph (1) 

9 shall be offered for sale in accordance with regulations promul10 gated by the Administrator, in consultation with the Secretary of 

11 the Treasury. 

12 (B) AMOUNTS.—The allowances described in paragraph (1) 

13 shall be offered for sale at auction in the amounts specified in 

14 table 2. 

TABLE 2—NUMBER OF ALLOWANCES AVAILABLE FOR AUCTION

Year of Sale 

Spot 

Auction (same 

year) 

Advance Auction 

2000 and thereafter ................................................................................... 100,000 100,000 

Allowances sold in the spot sale in any year are allowances that 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 that may only be used in the 7th year after the year in which the allowances are first offered for sale (unless banked for use in a later year). 

15 (C) SUBMISSION OF BIDS.—An auction shall be open to any 

16 person. A person wishing to bid for allowances shall submit (by 

17 a date set by the Administrator) to the Administrator (on a sealed 

18 bid schedule provided by the Administrator) offers to purchase 

19 specified numbers of allowances at specified prices. 

20 (D) BID PRICE.—The regulations under subparagraph (A) shall 

21 specify that the auctioned allowances shall be allocated and sold 

22 on the basis of bid price, starting with the highest bid and con23 tinuing until all allowances for sale at an auction have been allo24 cated. The regulations shall not permit a minimum price to be set 

25 for the purchase of withheld allowances. 

26 (E) USE OF ALLOWANCES.—Allowances purchased at the auc27 tion may be used for any purpose and at any time after the auc28 tion, subject to this subdivision. 

29 (3) PROCEEDS.— 

30 (A) IN GENERAL.—Notwithstanding section 3302 of title 31 or 

31 any other provision of law, within 90 days after receipt, the Ad32 ministrator shall transfer the proceeds from the auction under this 

33 section, on a pro rata basis, to the owners or operators of the af34 fected units at an affected source from which allowances were 

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1 chaser to a seller of allowances under this paragraph shall be held 

2 by any officer or employee of the United States or treated for any 

3 purpose as revenue to the United States or the Administrator. 

4 (B) ALLOWANCES NOT SOLD.—At the end of each year, any al5 lowances offered for sale but not sold at the auction shall be re6 turned without charge, on a pro rata basis, to the owner or oper7 ator of the affected units from whose allocation the allowances 

8 were withheld. 

9 (4) ADDITIONAL AUCTION PARTICIPANTS.—Any person holding al10 lowances or to which allowances are allocated by the Administrator may 

11 submit the allowances to the Administrator to be offered for sale at 

12 auction under this subsection. The proceeds of any such sale shall be 

13 transferred at the time of sale by the purchaser to the person submit14 ting the allowances for sale. The holder of allowances offered for sale 

15 under this paragraph may specify a minimum sale price. Any person 

16 may purchase allowances offered for auction under this paragraph. The 

17 allowances shall be allocated and sold to purchasers on the basis of bid 

18 price after the auction under paragraph (2) is complete. No funds 

19 transferred from a purchaser to a seller of allowances under this para20 graph shall be held by any officer or employee of the United States or 

21 treated for any purpose as revenue to the United States or the Admin22 istrator. 

23 (5) RECORDATION BY EPA.—The Administrator shall record and 

24 publicly report the nature, prices, and results of each auction under 

25 this subsection, including the prices of successful bids, and shall record 

26 the transfers of allowances as a result of each auction in accordance 

27 with the requirements of this section. The transfer of allowances at the 

28 auction shall be recorded in accordance with the regulations promul29 gated by the Administrator under this subdivision. 

30 (6) TERMINATION OF AUCTIONS.—If the Administrator determines 

31 that, during any period of 3 consecutive calendar years, fewer than 20 

32 percent of the allowances available in the auction subaccount have been 

33 purchased, the Administrator may terminate the withholding of allow34 ances and the auction sales under this section. 

35 (e) CHANGES IN SALES, AUCTIONS, AND WITHHOLDING.—Pursuant to 

36 rulemaking after public notice and comment, the Administrator may at any 

37 time decrease the number of allowances withheld and sold under this sec38 tion. 

39 (f) CONDUCT OF SALES OR AUCTIONS BY OTHER FEDERAL DEPART40 MENTS OR AGENCIES OR BY NONGOVERNMENTAL AGENCIES, GROUPS, OR

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1 trator may by delegation or contract provide for the conduct of sales or auc2 tions under the Administrator’s supervision by other Federal departments 

3 or agencies or by nongovernmental agencies, groups, or organizations. 

4 Subdivision 6—Permits 

5 Chapter 235—Permits 

Sec. 

235101. Definitions. 

235102. Permit programs. 

235103. Permit applications. 

235104. Permit requirements and conditions. 

235105. Notification to Administrator and contiguous States. 

235106. Other authorities. 

235107. Small business stationary source technical and environmental compliance assistance 

program. 

6 § 235101. Definitions 

7 In this subdivision: 

8 (1) AFFECTED SOURCE.—The term ‘‘affected source’’ shall have the 

9 meaning given the term in section 233102 of this title. 

10 (2) MAJOR SOURCE.—The term ‘‘major source’’ means any sta11 tionary source (or any group of stationary sources located within a con12 tiguous area and under common control) that is either of the following: 

13 (A) A major source (as defined in section 211112 of this title). 

14 (B) A major stationary source (as defined in section 201101 of 

15 this title or chapter 215). 

16 (3) PERMITTING AUTHORITY.—The term ‘‘permitting authority’’ 

17 means— 

18 (A) the Administrator; or 

19 (B) an air pollution control agency authorized by the Adminis20 trator to carry out a permit program under this subdivision. 

21 (4) SCHEDULE OF COMPLIANCE.—The term ‘‘schedule of compli22 ance’’ means a schedule of remedial measures (including an enforceable 

23 sequence of actions or operations) leading to compliance with an appli24 cable implementation plan, emission standard, emission limitation, or 

25 emission prohibition. 

26 § 235102. Permit programs 

27 (a) PROHIBITION.— 

28 (1) IN GENERAL.—It shall be unlawful for any person— 

29 (A) to violate any requirement of a permit issued under this 

30 subdivision; or 

31 (B) to operate, except in compliance with a permit issued by a 

32 permitting authority under this subdivision— 

33 (i) an affected source (as provided in subdivision 5); 

34 (ii) a major source; 


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1 (iii) any other source (including an area source) subject to 

2 standards or regulations under section 211111 or 211112 of 

3 this title; 

4 (iv) any other source required to have a permit under chap5 ter 213 or 215; or 

6 (v) any other stationary source in a category designated (in 

7 whole or in part) by regulation promulgated by the Adminis8 trator. 

9 (2) REGULATIONS.—Any regulation under paragraph (1)(B)(v) shall 

10 include a finding setting forth the basis for the designation made by 

11 the regulation. 

12 (3) EFFECT OF SUBSECTION.—Nothing in this subsection shall be 

13 construed to alter the applicable requirements of this division that a 

14 permit be obtained before construction or modification. 

15 (4) EXEMPTIONS.—The Administrator may, consistent with the ap16 plicable provisions of this division, promulgate regulations to exempt 

17 (in whole or in part) 1 or more categories of sources (except a major 

18 source) from the requirements of this subsection if the Administrator 

19 finds that compliance with the requirements is impracticable, infeasible, 

20 or unnecessarily burdensome on a category. 

21 (b) MINIMUM ELEMENTS.— 

22 (1) IN GENERAL.—The Administrator shall promulgate regulations 

23 establishing the minimum elements of a permit program to be adminis24 tered by an air pollution control agency. 

25 (2) ELEMENTS TO BE INCLUDED.—The elements shall include each 

26 of the following: 

27 (A) Requirements for permit applications, including a standard 

28 application form and criteria for determining in a timely fashion 

29 the completeness of applications. 

30 (B) Monitoring and reporting requirements. 

31 (C) A requirement under State or local law or interstate com32 pact that the owner or operator of all sources subject to the re33 quirement to obtain a permit under this subdivision pay an annual 

34 or other periodic fee sufficient to cover all reasonable direct and 

35 indirect costs required to develop and administer the permit pro36 gram requirements of this subdivision, including the reasonable 

37 costs of— 

38 (i) reviewing and acting on any application for such a per39 mit; 

40 (ii) if the owner or operator receives a permit for a source, 

41 implementing and enforcing the terms and conditions of the 


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1 permit (not including any court costs or other costs associ2 ated with any enforcement action); 

3 (iii) emission monitoring and ambient monitoring; 

4 (iv) preparing generally applicable regulations or guidance; 

5 (v) modeling, analyses, and demonstrations; and 

6 (vi) preparing inventories and tracking emissions. 

7 (D) Requirements for adequate personnel and funding to ad8 minister the program. 

9 (E) A requirement that the permitting authority have adequate 

10 authority to— 

11 (i) issue permits and ensure compliance by all sources re12 quired to have a permit under this subdivision with each ap13 plicable standard, regulation, or requirement under this divi14 sion; 

15 (ii) issue permits for a fixed term, not to exceed 5 years; 

16 (iii) ensure that, on issuance or renewal, permits incor17 porate emission limitations and other requirements in an ap18 plicable implementation plan; 

19 (iv) terminate, modify, or revoke and reissue permits for 

20 cause; 

21 (v) enforce permits, permit fee requirements, and the re22 quirement to obtain a permit, including authority to recover 

23 civil penalties in a maximum amount of not less than $10,000 

24 per day for each violation, and provide appropriate criminal 

25 penalties; and 

26 (vi) ensure that no permit will be issued if the Adminis27 trator objects to its issuance in a timely manner under this 

28 subdivision. 

29 (F) Adequate, streamlined, and reasonable procedures for— 

30 (i) expeditiously determining when applications are com31 plete; 

32 (ii) processing applications; 

33 (iii) public notice, including offering an opportunity for 

34 public comment and a hearing; and 

35 (iv) expeditious review of permit actions, including applica36 tions, renewals, or revisions, and including an opportunity for 

37 judicial review in State court of the final permit action by the 

38 applicant, any person that participated in the public comment 

39 process, and any other person that could obtain judicial re40 view of that action under applicable law. 


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1 (G) To ensure against unreasonable delay by a permitting au2 thority, adequate authority and procedures to provide that a fail3 ure of the permitting authority to act on a permit application or 

4 permit renewal application (in accordance with the time periods 

5 specified in section 235103 of this title or, as appropriate, subdivi6 sion 5) shall be treated as a final permit action solely for purposes 

7 of obtaining judicial review in State court of an action brought by 

8 any person described in subparagraph (F)(iv) to require that ac9 tion be taken by the permitting authority on the application with10 out additional delay. 

11 (H) Authority, and reasonable procedures consistent with the 

12 need for expeditious action by a permitting authority on permit 

13 applications and related matters, to make available to the public 

14 any permit application, compliance plan, permit, and monitoring 

15 or compliance report under section 235103(e) of this title, subject 

16 to section 211114(c) of this title. 

17 (I) A requirement that a permitting authority, in the case of a 

18 permit with a term of 3 or more years for a major source, shall 

19 require revisions to the permit to incorporate applicable standards 

20 and regulations promulgated under this division after the issuance 

21 of the permit. 

22 (J) Provisions to allow changes within a permitted facility (or 

23 a facility operating pursuant to section 235103(d) of this title) 

24 without requiring a permit revision, if— 

25 (i) the changes are not modifications under any provision 

26 of subdivision 2; 

27 (ii) the changes do not exceed the emissions allowable 

28 under the permit (whether expressed in the permit as a rate 

29 of emissions or in terms of total emissions); and 

30 (iii) the facility provides the Administrator and the permit31 ting authority with written notification in advance of the pro32 posed changes (which shall be a minimum of 7 days unless 

33 the permitting authority provides in its regulations a different 

34 timeframe for emergencies). 

35 (3) FEE PROGRAM.— 

36 (A) DEFINITION OF REGULATED POLLUTANT.—In this para37 graph, the term ‘‘regulated pollutant’’ means— 

38 (i) a volatile organic compound; 

39 (ii) a pollutant regulated under section 211111 or 211112 

40 of this title; and 


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1 (iii) a pollutant for which a primary NAAQS has been pro2 mulgated (not including carbon monoxide). 

3 (B) AMOUNT COLLECTED.—The total amount of fees collected 

4 by a permitting authority under paragraph (2)(C) shall conform 

5 to the following requirements: 

6 (i) ADEQUATE REFLECTION OF REASONABLE COSTS.—The 

7 Administrator shall not approve a program as meeting the re8 quirements of this paragraph unless the State demonstrates 

9 that, except as otherwise provided in clauses (ii) through (iv), 

10 the program will result in the collection, in the aggregate, 

11 from all sources subject to paragraph (2)(C), of an amount 

12 not less than $25 per ton of each regulated pollutant, or such 

13 other amount as the Administrator may determine adequately 

14 reflects the reasonable costs of the permit program. 

15 (ii) EXCLUSION OF EMISSIONS IN EXCESS OF 4,000 TONS

16 PER YEAR.—In determining the amount under clause (i), a 

17 permitting authority is not required to include any amount of 

18 regulated pollutant emitted by any source in excess of 4,000 

19 tons per year of the regulated pollutant. 

20 (iii) LESSER AMOUNT MEETING REQUIREMENTS.—The re21 quirements of clause (i) shall not apply if the permitting au22 thority demonstrates that collecting an amount less than the 

23 amount specified under clause (i) will meet the requirements 

24 of paragraph (2)(C). 

25 (iv) ANNUAL INCREASE.— 

26 (I) IN GENERAL.—The fee calculated under clause (i) 

27 shall be increased (consistent with the need to cover the 

28 reasonable costs authorized by paragraph (2)(C)) in each 

29 year by the percentage, if any, by which the Consumer 

30 Price Index for the most recent calendar year ending be31 fore the beginning of the year exceeds the Consumer 

32 Price Index for the calendar year 1989. 

33 (II) CONSUMER PRICE INDEX.—For purposes of this 

34 clause— 

35 (aa) the Consumer Price Index for any calendar 

36 year is the average of the Consumer Price Index for 

37 all-urban consumers published by the Department 

38 of Labor, as of the close of the 12-month period 

39 ending on August 31 of each calendar year; and 


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1 (bb) the revision of the Consumer Price Index 

2 that is most consistent with the Consumer Price 

3 Index for calendar year 1989 shall be used. 

4 (C) COLLECTION BY THE ADMINISTRATOR.— 

5 (i) IN GENERAL.—If the Administrator determines under 

6 subsection (d) that the fee provisions of the operating permit 

7 program do not meet the requirements of paragraph (2)(C), 

8 or if the Administrator makes a determination under sub9 section (i) that a permitting authority is not adequately ad10 ministering or enforcing an approved fee program, the Ad11 ministrator may, in addition to taking any other action au12 thorized under this subdivision, collect reasonable fees from 

13 the sources identified under paragraph (2)(C). The fees shall 

14 be designed solely to cover the Administrator’s costs of ad15 ministering the provisions of the permit program promulgated 

16 by the Administrator. 

17 (ii) PENALTY.—A source that fails to pay a fee lawfully im18 posed by the Administrator under this subparagraph shall 

19 pay a penalty of 50 percent of the fee amount, plus interest 

20 on the fee amount computed in accordance with section 

21 6621(a)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 

22 6621(a)(2)). 

23 (iii) SPECIAL FUND.—Any fees, penalties, and interest col24 lected under this subparagraph shall be deposited in the 

25 Treasury in a special fund for licensing and other services, 

26 which thereafter shall be available for appropriation, to re27 main available until expended, subject to appropriation, to 

28 carry out EPA’s activities for which the fees were collected. 

29 (D) FEE REQUIRED TO BE COLLECTED BY A STATE, LOCAL, OR

30 INTERSTATE AGENCY.—Any fee required to be collected by a 

31 State, local, or interstate agency under this subsection shall be uti32 lized solely to cover all reasonable (direct and indirect) costs re33 quired to support the permit program as set forth in paragraph 

34 (2)(C). 

35 (4) PERMIT REVISIONS.—A revision required by paragraph (2)(I) 

36 shall be made as expeditiously as practicable and consistent with the 

37 procedures established under paragraph (2)(F) but not later than 18 

38 months after the promulgation of standards and regulations described 

39 in paragraph (2)(I). No such revision shall be required if the effective 

40 date of the standards or regulations is a date after the expiration of 

41 the permit term. Such a permit revision shall be treated as a permit 


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1 renewal if it complies with the requirements of this subdivision regard2 ing renewals. 

3 (c) SINGLE PERMIT.—A single permit may be issued for a facility with 

4 multiple sources. 

5 (d) SUBMISSION; APPROVAL OR DISAPPROVAL.— 

6 (1) SUBMISSION.—The Governor of each State shall develop and 

7 submit to the Administrator— 

8 (A) a permit program under State or local law or under an 

9 interstate compact meeting the requirements of this subdivision; 

10 and 

11 (B) a legal opinion from the attorney general (or the attorney 

12 for a State air pollution control agency that has independent legal 

13 counsel, or from the chief legal officer of an interstate agency), 

14 that the laws of the State or locality provide or the interstate com15 pact provides adequate authority to carry out the program. 

16 (2) APPROVAL OR DISAPPROVAL.—Not later than 1 year after receiv17 ing a program, and after notice and opportunity for public comment, 

18 the Administrator shall approve or disapprove the program, in whole 

19 or in part. The Administrator may approve a program to the extent 

20 that the program meets the requirements of this division, including the 

21 regulations issued under subsection (b). If the program is disapproved, 

22 in whole or in part, the Administrator shall notify the Governor of any 

23 revisions or modifications necessary to obtain approval. The Governor 

24 shall revise and resubmit the program for review under this section 

25 within 180 days after receiving notification. 

26 (e) ADMINISTRATION AND ENFORCEMENT.— 

27 (1) DISCRETIONARY SANCTIONS.—Whenever the Administrator 

28 makes a determination that a permitting authority is not adequately 

29 administering and enforcing a program, or portion thereof, in accord30 ance with the requirements of this subdivision, the Administrator— 

31 (A) shall provide notice to the State; and 

32 (B) may, prior to the date that is 18 months after the date of 

33 the notice under subparagraph (A), apply any of the sanctions 

34 specified in section 215111(b) of this title. 

35 (2) MANDATORY SANCTIONS.—Whenever the Administrator makes a 

36 determination that a permitting authority is not adequately admin37 istering and enforcing a program, or portion thereof, in accordance 

38 with the requirements of this subdivision, on the date that is 18 

39 months after the date of the notice under paragraph (1)(A), the Ad40 ministrator shall apply the sanctions under section 215111(b) of this 

41 title in the same manner and subject to the same deadlines and other 


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1 conditions as are applicable in the case of a determination, disapproval, 

2 or finding under section 215111(a) of this title. 

3 (3) APPLICABILITY OF SANCTIONS IN NONATTAINMENT AREAS

4 ONLY.—The sanctions under section 215111(b)(3) of this title shall not 

5 apply pursuant to this subsection in any area unless the failure to ade6 quately enforce and administer the program relates to an air pollutant 

7 for which the area has been designated a nonattainment area. 

8 (4) PROMULGATION, ADMINISTRATION, AND ENFORCEMENT OF PER9 MIT PROGRAM BY THE ADMINISTRATOR.—When the Administrator 

10 makes a finding under paragraph (1) with respect to a State, unless 

11 the State corrects the deficiency within 18 months after the date of the 

12 finding, the Administrator shall, 2 years after the date of the finding, 

13 promulgate, administer, and enforce a program under this subdivision 

14 for the State. Nothing in this paragraph shall be construed to affect 

15 the validity of a program that has been approved under this subdivision 

16 or the authority of any permitting authority acting under such a pro17 gram until such time as a program is promulgated by the Adminis18 trator under this paragraph. 

19 § 235103. Permit applications 

20 (a) APPLICABLE DATE.—Any source specified in section 235102(a) of 

21 this title shall become subject to a permit program, and required to have 

22 a permit, on the later of— 

23 (1) the effective date of a permit program or partial or interim per24 mit program applicable to the source; or 

25 (2) the date on which the source becomes subject to section 

26 235102(a) of this title. 

27 (b) COMPLIANCE PLAN.— 

28 (1) IN GENERAL.—The regulations required by section 235102(b) of 

29 this title shall include a requirement that the applicant submit with the 

30 permit application a compliance plan describing how the source will 

31 comply with all applicable requirements under this chapter. The compli32 ance plan shall include a schedule of compliance and a schedule under 

33 which the permittee will submit progress reports to the permitting au34 thority not less frequently than every 6 months. 

35 (2) CERTIFICATION; REPORTING.—The regulations required by sec36 tion 235102(b) of this title shall require the permittee to— 

37 (A) periodically (but not less frequently than annually) certify 

38 that the facility is in compliance with any applicable requirements 

39 of the permit; and 

40 (B) promptly report any deviations from permit requirements to 

41 the permitting authority. 


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1 (c) DEADLINES.—Any person required to have a permit shall, not later 

2 than 12 months after the date on which the source becomes subject to a 

3 permit program approved or promulgated under this subdivision, or such 

4 earlier date as the permitting authority may establish, submit to the permit5 ting authority a compliance plan and an application for a permit signed by 

6 a responsible official, who shall certify the accuracy of the information sub7 mitted. The permitting authority shall approve or disapprove a completed 

8 application (consistent with the procedures established under this subdivi9 sion for consideration of such applications), and shall issue or deny the per10 mit, within 18 months after the date of receipt of the completed application, 

11 except that the permitting authority shall establish a phased schedule for 

12 acting on permit applications submitted within the 1st full year after the 

13 effective date of a permit program (or a partial or interim program). Any 

such schedule shall ensure that at least 1 14 ⁄3 of the permits are acted on by 

15 the permitting authority annually over a period of not to exceed 3 years 

16 after such effective date. The permitting authority shall establish reasonable 

17 procedures to prioritize such approval or disapproval actions in the case of 

18 applications for construction or modification under the applicable require19 ments of this division. 

20 (d) TIMELY AND COMPLETE APPLICATIONS.—Except for sources required 

21 to have a permit before construction or modification under the applicable 

22 requirements of this division, if an applicant has submitted a timely and 

23 complete application for a permit required by this subdivision (including re24 newals), but final action has not been taken on the application, the source’s 

25 failure to have a permit shall not be a violation of this division unless the 

26 delay in final action was due to the failure of the applicant timely to submit 

27 information required or requested to process the application. No source re28 quired to have a permit under this subdivision shall be in violation of section 

29 235102(a) of this title before the date on which the source is required to 

30 submit an application under subsection (c). 

31 (e) COPIES; AVAILABILITY.—A copy of each permit application, compli32 ance plan (including the schedule of compliance), emission or compliance 

33 monitoring report, certification, and permit issued under this subdivision 

34 shall be available to the public. If an applicant or permittee is required to 

35 submit information entitled to protection from disclosure under section 

36 211114(c) of this title, the applicant or permittee may submit the informa37 tion separately. The requirements of section 211114(c) of this title shall 

38 apply to the information. The contents of a permit shall not be entitled to 

39 protection under section 211114(c) of this title. 


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1 § 235104. Permit requirements and conditions 

2 (a) CONDITIONS.—Each permit issued under this subdivision shall in3 clude— 

4 (1) enforceable emission limitations and standards; 

5 (2) a schedule of compliance; 

6 (3) a requirement that the permittee submit to the permitting au7 thority, not less often than every 6 months, the results of any required 

8 monitoring; and 

9 (4) such other conditions as are necessary to ensure compliance with 

10 applicable requirements of this division, including the requirements of 

11 the applicable implementation plan. 

12 (b) MONITORING AND ANALYSIS.—The Administrator may by regulation 

13 prescribe procedures and methods for determining compliance and for moni14 toring and analysis of pollutants regulated under this division, but contin15 uous emission monitoring need not be required if alternative methods are 

16 available that provide sufficiently reliable and timely information for deter17 mining compliance. Nothing in this subsection shall be construed to affect 

18 any continuous emissions monitoring requirement of subdivision 5, or where 

19 required elsewhere in this division. 

20 (c) INSPECTION, ENTRY, MONITORING, CERTIFICATION, AND REPORT21 ING.—Each permit issued under this subdivision shall set forth inspection, 

22 entry, monitoring, compliance certification, and reporting requirements to 

23 ensure compliance with the permit terms and conditions. The monitoring 

24 and reporting requirements shall conform to any applicable regulation under 

25 subsection (b). Any report required to be submitted by a permit issued to 

26 a corporation under this subdivision shall be signed by a responsible cor27 porate official, who shall certify its accuracy. 

28 (d) GENERAL PERMITS.—A permitting authority may, after notice and 

29 opportunity for public hearing, issue a general permit covering numerous 

30 similar sources. Any general permit shall comply with all requirements ap31 plicable to permits under this subdivision. No source covered by a general 

32 permit shall thereby be relieved from the obligation to file an application 

33 under section 235103 of this title. 

34 (e) TEMPORARY SOURCES.—A permitting authority may issue a single 

35 permit authorizing emissions from similar operations at multiple temporary 

36 locations. No such permit shall be issued unless it includes conditions that 

37 will ensure compliance with all the requirements of this division at all au38 thorized locations, including ambient standards and compliance with any ap39 plicable increment or visibility requirements under chapter 213. Any such 

40 permit shall require the owner or operator to notify the permitting authority 


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1 in advance of each change in location. The permitting authority may require 

2 a separate permit fee for operations at each location. 

3 (f) PERMIT SHIELD.— 

4 (1) IN GENERAL.—Compliance with a permit issued in accordance 

5 with this subdivision shall be deemed compliance with section 235102 

6 of this title. 

7 (2) COMPLIANCE WITH OTHER PROVISIONS.— 

8 (A) IN GENERAL.—Except as otherwise provided by the Admin9 istrator by regulation, the permit may provide that compliance 

10 with the permit shall be deemed compliance with other applicable 

11 provisions of this division that relate to the permittee if— 

12 (i) the permit includes the applicable requirements of such 

13 provisions; or 

14 (ii) the permitting authority in acting on the permit appli15 cation makes a determination relating to the permittee that 

16 such other provisions (which shall be referred to in the deter17 mination) are not applicable and the permit includes the de18 termination or a concise summary of the determination. 

19 (B) EFFECT OF SUBPARAGRAPH.—Nothing in subparagraph (A) 

20 shall alter or affect section 203103 of this title, including the au21 thority of the Administrator under that section. 

22 § 235105. Notification to Administrator and contiguous 

23 States 

24 (a) TRANSMISSION AND NOTICE.— 

25 (1) COPIES OF PERMIT APPLICATION AND PROPOSED PERMIT TO

26 THE ADMINISTRATOR.—A permitting authority shall— 

27 (A) transmit to the Administrator a copy of each permit appli28 cation (and any application for a permit modification or renewal) 

29 or such portion thereof, including any compliance plan, as the Ad30 ministrator may require to effectively review the application and 

31 otherwise to carry out the Administrator’s responsibilities under 

32 this division; and 

33 (B) provide the Administrator a copy of each permit proposed 

34 to be issued and issued as a final permit. 

35 (2) NOTIFICATION TO STATES.— 

36 (A) NOTIFICATION.—A permitting authority shall notify all 

37 States— 

38 (i) whose air quality may be affected and that are contig39 uous to the State in which the emission originates; or 

40 (ii) that are within 50 miles of the source; 


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1 of each permit application or proposed permit forwarded to the 

2 Administrator under this section. 

3 (B) RECOMMENDATIONS.—A permitting authority shall provide 

4 an opportunity for States described in subparagraph (A) to submit 

5 written recommendations respecting the issuance of the permit 

6 and its terms and conditions. If any part of those recommenda7 tions is not accepted by the permitting authority, the permitting 

8 authority shall notify the State submitting the recommendations 

9 and the Administrator in writing of its decision not to accept that 

10 part of the recommendation and the reasons for the decision. 

11 (b) PERMIT PROVISION NOT IN COMPLIANCE.— 

12 (1) OBJECTION BY THE ADMINISTRATOR.— 

13 (A) IN GENERAL.—If a permit contains provisions that are de14 termined by the Administrator to be not in compliance with the 

15 applicable requirements of this division (including the require16 ments of an applicable implementation plan), the Administrator 

17 shall, in accordance with this subsection, object to issuance of the 

18 permit. 

19 (B) RESPONSE.—The permitting authority shall respond in 

20 writing if the Administrator— 

21 (i) within 45 days after receiving a copy of the proposed 

22 permit under subsection (a)(1); or 

23 (ii) within 45 days after receiving notification under sub24 section (a)(2); 

25 objects in writing to issuance of a permit as not in compliance 

26 with the requirements. 

27 (C) REASONS.—With the objection, the Administrator shall pro28 vide a statement of the reasons for the objection. 

29 (D) COPIES TO APPLICANT.—A copy of the objection and state30 ment shall be provided to the applicant. 

31 (2) NO OBJECTION BY THE ADMINISTRATOR.— 

32 (A) PETITION.—If the Administrator does not object in writing 

33 to the issuance of a permit pursuant to paragraph (1), any person 

34 may petition the Administrator within 60 days after the expiration 

35 of the 45-day review period specified in paragraph (1) to make an 

36 objection. A copy of the petition shall be provided to the permit37 ting authority and the applicant by the petitioner. The petition 

38 shall be based only on objections to the permit that were raised 

39 with reasonable specificity during the public comment period pro40 vided by the permitting agency (unless the petitioner demonstrates 

41 in the petition to the Administrator that it was impracticable to 


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1 raise the objections within that period or unless the grounds for 

2 the objection arose after that period). The petition shall identify 

3 all such objections. If the permit has been issued by the permitting 

4 agency, the petition shall not postpone the effectiveness of the per5 mit. 

6 (B) GRANT OR DENIAL.—The Administrator shall grant or deny 

7 a petition under subparagraph (A) within 60 days after the peti8 tion is filed. The Administrator shall issue an objection within that 

9 period if the petitioner demonstrates to the Administrator that the 

10 permit is not in compliance with the requirements of this division 

11 (including the requirements of an applicable implementation plan). 

12 Any denial of such a petition shall be subject to judicial review 

13 under section 211113 of this title. 

14 (C) REGULATIONS.—The Administrator shall include in regula15 tions under this subdivision provisions to implement this para16 graph. 

17 (D) NONDELEGABILITY.—The Administrator may not delegate 

18 the requirements of this paragraph. 

19 (3) REVISION OF PERMIT.— 

20 (A) IN GENERAL.—On receipt of an objection by the Adminis21 trator under this subsection, a permitting authority may not issue 

22 a permit unless the permit is revised and issued in accordance 

23 with subsection (c). 

24 (B) OBJECTION ON PETITION.—If the permitting authority has 

25 issued a permit prior to receipt of an objection by the Adminis26 trator under paragraph (2)— 

27 (i) the Administrator shall modify, terminate, or revoke the 

28 permit; and 

29 (ii) the permitting authority may thereafter issue a revised 

30 permit only in accordance with subsection (c). 

31 (c) ISSUANCE OR DENIAL.—If the permitting authority fails, within 90 

32 days after the date of an objection under subsection (b), to submit a permit 

33 revised to meet the objection, the Administrator shall issue or deny the per34 mit in accordance with the requirements of this subdivision. No objection 

35 shall be subject to judicial review until the Administrator takes final action 

36 to issue or deny a permit under this subsection. 

37 (d) WAIVER OF NOTIFICATION REQUIREMENTS.— 

38 (1) WAIVER.—The Administrator may waive the requirements of 

39 subsections (a) and (b) at the time of approval of a permit program 

40 under this subdivision for any category (including any class, type, or 


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1 size within such category) of sources covered by the program other 

2 than major sources. 

3 (2) CATEGORIES OF SOURCES.—The Administrator may by regula4 tion establish categories of sources (other than major sources), includ5 ing establishment of any class, type, or size within a category, to which 

6 the requirements of subsections (a) and (b) shall not apply. 

7 (3) EXCLUSION FROM WAIVER.—The Administrator may exclude 

8 from any waiver under this subsection the notification requirement 

9 under subsection (a)(2). 

10 (4) REVOCATION OR MODIFICATION.—Any waiver granted under this 

11 subsection may be revoked or modified by the Administrator by regula12 tion. 

13 (e) TERMINATION, MODIFICATION, OR REVOCATION AND REISSUANCE OF

14 PERMIT.— 

15 (1) NOTIFICATION TO PERMITTING AUTHORITY AND SOURCE.—If the 

16 Administrator finds that cause exists to terminate, modify, or revoke 

17 and reissue a permit under this subdivision, the Administrator shall no18 tify the permitting authority and the source of the Administrator’s 

19 finding. 

20 (2) PROPOSED DETERMINATION.—The permitting authority shall, 

21 within 90 days after receipt of notification under paragraph (1), submit 

22 to the Administrator a proposed determination of termination, modi23 fication, or revocation and reissuance, as appropriate. The Adminis24 trator may extend the 90-day period for an additional 90 days if the 

25 Administrator finds that a new or revised permit application is nec26 essary or that the permitting authority must require the permittee to 

27 submit additional information. The Administrator may review the pro28 posed determination in accordance with subsections (a) and (b). 

29 (3) ACTION BY THE ADMINISTRATOR.—If the permitting authority 

30 fails to submit the required proposed determination, or if the Adminis31 trator objects and the permitting authority fails to resolve the objection 

32 within 90 days, the Administrator may, after notice and in accordance 

33 with fair and reasonable procedures, terminate, modify, or revoke and 

34 reissue the permit. 

35 § 235106. Other authorities 

36 (a) IN GENERAL.—Nothing in this subdivision shall preclude a State or 

37 interstate permitting authority from establishing additional permitting re38 quirements not inconsistent with this division. 

39 (b) PERMITS IMPLEMENTING ACID RAIN PROVISIONS.—This subdivision 

40 (including provisions regarding schedules for submission and approval or 


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1 disapproval of permit applications) shall apply to permits implementing the 

2 requirements of subdivision 5 except as modified by that subdivision. 

3 § 235107. Small business stationary source technical and en4 vironmental compliance assistance program 

5 (a) DEFINITIONS.—In this section: 

6 (1) OMBUDSMAN.—The term ‘‘Ombudsman’’ means the Small Busi7 ness Ombudsman. 

8 (2) SMALL BUSINESS STATIONARY SOURCE.— 

9 (A) IN GENERAL.—The term ‘‘small business stationary source’’ 

10 means a stationary source that— 

11 (i) is owned or operated by a person that employs 100 or 

12 fewer individuals; 

13 (ii) is a small business concern (as defined in the Small 

14 Business Act (15 U.S.C. 631 et seq.); 

15 (iii) is not a major stationary source; 

16 (iv) does not emit 50 tons or more per year of any regu17 lated pollutant; and 

18 (v) emits less than 75 tons per year of all regulated pollut19 ants. 

20 (B) INCLUSION OF OTHER SOURCES.—On petition by a source, 

21 a State may, after notice and opportunity for public comment, in22 clude as a small business stationary source for purposes of this 

23 section any stationary source that does not meet the criteria of 

24 clause (iii), (iv), or (v) of subparagraph (A) but that does not emit 

25 more than 100 tons per year of all regulated pollutants. 

26 (C) EXCLUSION OF CERTAIN CATEGORIES OR SUBCATEGORIES

27 OF SOURCES.— 

28 (i) BY THE ADMINISTRATOR.—The Administrator, in con29 sultation with the Administrator of the Small Business Ad30 ministration and after providing notice and opportunity for 

31 public comment, may exclude from the small business sta32 tionary source definition under subparagraph (A) any cat33 egory or subcategory of sources that the Administrator deter34 mines to have sufficient technical and financial capabilities to 

35 meet the requirements of this division without the application 

36 of this section. 

37 (ii) BY A STATE.—A State, in consultation with the Admin38 istrator and the Administrator of the Small Business Admin39 istration and after providing notice and opportunity for public 

40 hearing, may exclude from the small business stationary 

41 source definition under subparagraph (A) any category or 


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1 subcategory of sources that the State determines to have suf2 ficient technical and financial capabilities to meet the require3 ments of this division without the application of this section. 

4 (b) STATE SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND EN5 VIRONMENTAL COMPLIANCE ASSISTANCE PROGRAMS.— 

6 (1) IN GENERAL.—Consistent with sections 211110 and 211112 of 

7 this title, each State shall, after reasonable notice and public hearings, 

8 adopt and submit to the Administrator as part of the State implemen9 tation plan for the State plans for establishing a small business sta10 tionary source technical and environmental compliance assistance pro11 gram. 

12 (2) ELEMENTS REQUIRED FOR APPROVAL.—The Administrator shall 

13 approve such a program if it includes each of the following: 

14 (A) Adequate mechanisms for developing, collecting, and coordi15 nating information concerning compliance methods and tech16 nologies for small business stationary sources, and programs to 

17 encourage lawful cooperation among such sources and other per18 sons to further compliance with this division. 

19 (B) Adequate mechanisms for assisting small business sta20 tionary sources with pollution prevention and accidental release de21 tection and prevention, including providing information concerning 

22 alternative technologies, process changes, products, and methods 

23 of operation that help reduce air pollution. 

24 (C) A designated State office within the relevant State agency 

25 to serve as ombudsman for small business stationary sources in 

26 connection with the implementation of this division. 

27 (D) A compliance assistance program for small business sta28 tionary sources that assists small business stationary sources in 

29 determining applicable requirements and in receiving permits 

30 under this division in a timely and efficient manner. 

31 (E) Adequate mechanisms to ensure that small business sta32 tionary sources receive notice of their rights under this division in 

33 such manner and form as to ensure reasonably adequate time for 

34 such sources to evaluate compliance methods and any relevant or 

35 applicable proposed or final regulation or standard issued under 

36 this division. 

37 (F) Adequate mechanisms for informing small business sta38 tionary sources of their obligations under this division, including 

39 mechanisms for referring such sources to qualified auditors or, at 

40 the option of the State, for providing audits of the operations of 

41 such sources to determine compliance with this division. 


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1 (G) Procedures for consideration of requests from a small busi2 ness stationary source for modification of— 

3 (i) any work practice or technological method of compli4 ance; or 

5 (ii) the schedule of milestones for implementing such a 

6 work practice or method of compliance preceding any applica7 ble compliance date; 

8 based on the technological and financial capability of any such 

9 small business stationary source. 

10 (3) MODIFICATION OF WORK PRACTICES, TECHNOLOGICAL METHODS

11 OF COMPLIANCE, AND SCHEDULES OF MILESTONES.—No modification 

12 of a work practice, technological method of compliance, or the schedule 

13 of milestones may be granted under paragraph (2)(G) unless it is in 

14 compliance with the applicable requirements of this division (including 

15 the requirements of the applicable implementation plan). Where such 

16 applicable requirements are set forth in Federal regulations, only modi17 fications authorized in those regulations may be allowed. 

18 (c) FEDERAL SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND

19 ENVIRONMENTAL COMPLIANCE ASSISTANCE PROGRAM.— 

20 (1) IN GENERAL.—The Administrator shall establish a small busi21 ness stationary source technical and environmental compliance assist22 ance program. 

23 (2) ACTIVITIES.—The program shall— 

24 (A) assist the States in the development of a State small busi25 ness stationary source technical and environmental compliance as26 sistance program required under subsection (b); 

27 (B) issue guidance for the use of the States in the implementa28 tion of such programs that includes alternative control tech29 nologies and pollution prevention methods applicable to small busi30 ness stationary sources; and 

31 (C) provide for implementation of the program provisions re32 quired under subsection (b)(2)(D) in any State that fails to sub33 mit such a program under that subsection. 

34 (d) MONITORING.— 

35 (1) IN GENERAL.—The Administrator shall direct the EPA Office of 

36 Small and Disadvantaged Business Utilization through the Ombuds37 man to monitor the small business stationary source technical and envi38 ronmental compliance assistance program under this section. 

39 (2) ACTIVITIES.—In carrying out monitoring activities, the Ombuds40 man shall— 


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1 (A) render advisory opinions on the overall effectiveness of the 

2 small business stationary source technical and environmental com3 pliance assistance program, difficulties encountered, and degree 

4 and severity of enforcement; 

5 (B) make periodic reports to Congress on the compliance of the 

6 small business stationary source technical and environmental com7 pliance assistance program with the requirements of chapter 35 of 

8 title 44, chapter 6 of title 5, and section 504 of title 5; 

9 (C) review information to be issued by the small business sta10 tionary source technical and environmental compliance assistance 

11 program for small business stationary sources to ensure that the 

12 information is understandable by the layperson; and 

13 (D) have the small business stationary source technical and en14 vironmental compliance assistance program serve as the secre15 tariat for the development and dissemination of such reports and 

16 advisory opinions. 

17 (e) COMPLIANCE ADVISORY PANEL.— 

18 (1) ESTABLISHMENT.—There shall be established in each State a 

19 compliance advisory panel (referred to in this subsection as a ‘‘Panel’’). 

20 (2) MEMBERSHIP.—A Panel shall consist of at least— 

21 (A) 2 members, who are not owners, or representatives of own22 ers, of small business stationary sources, selected by the Governor 

23 to represent the general public; 

24 (B) 2 members selected by the State legislature who are owners, 

25 or who represent owners, of small business stationary sources (1 

26 member each selected by the majority and minority leadership of 

27 the lower house (or in the case of a State with a unicameral legis28 lature, 2 members each selected by the majority leadership and the 

29 minority leadership)); 

30 (C) except in the case of a State with a unicameral legislature, 

31 2 members selected by the State legislature who are owners, or 

32 who represent owners, of small business stationary sources (1 

33 member each selected by the majority and minority leadership of 

34 the upper house, or the equivalent State entity); and 

35 (D) 1 member selected by the head of the department or agency 

36 of the State responsible for air pollution permit programs, to rep37 resent that agency. 

38 (3) ACTIVITIES.—A Panel shall— 

39 (A) render advisory opinions concerning— 

40 (i) the effectiveness of the small business stationary source 

41 technical and environmental compliance assistance program; 


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1 (ii) difficulties encountered; and 

2 (iii) the degree and severity of enforcement; 

3 (B) make periodic reports to the Administrator concerning the 

4 compliance of the State small business stationary source technical 

5 and environmental compliance assistance program with the re6 quirements of chapter 35 of title 44, chapter 6 of title 5, and sec7 tion 504 of title 5; 

8 (C) review information for small business stationary sources to 

9 ensure that the information is understandable by the layperson; 

10 and 

11 (D) have the small business stationary source technical and en12 vironmental compliance assistance program serve as the secre13 tariat for the development and dissemination of such reports and 

14 advisory opinions. 

15 (f) FEES.—A State (or the Administrator) may reduce any fee required 

16 under this division to take into account the financial resources of small busi17 ness stationary sources. 

18 (g) CONTINUOUS EMISSION MONITORS.—In developing regulations and 

19 control technique guidelines under this division that contain continuous 

20 emission monitoring requirements, the Administrator, consistent with the 

21 requirements of this division, before applying the requirements to small 

22 business stationary sources, shall consider the necessity and appropriateness 

23 of the requirements for such sources. Nothing in this subsection shall affect 

24 the applicability of subdivision 5 provisions relating to continuous emissions 

25 monitoring. 

26 (h) CONTROL TECHNIQUE GUIDELINES.—The Administrator shall con27 sider, consistent with the requirements of this division, the size, type, and 

28 technical capabilities of small business stationary sources (and sources that 

29 are eligible under subsection (a)(2)(B) to be treated as small business sta30 tionary sources) in developing control technique guidelines applicable to 

31 such sources under this division. 

32 Subdivision 7—Stratospheric Ozone 

33 Reduction 

34 Chapter 237—Stratospheric Ozone 

35 Reduction 

Sec. 

237101. Definitions. 

237102. Listing of class I substances and class II substances. 

237103. Monitoring and reporting requirements. 

237104. Prohibition of production and consumption of class I substances. 

237105. Phaseout of production and consumption of class II substances. 

237106. Accelerated schedule. 

237107. Exchange authority. 

237108. National recycling and emission reduction program. 

237109. Servicing of motor vehicle air conditioners. 


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237110. Nonessential products containing chlorofluorocarbons. 

237111. Labeling. 

237112. Safe alternatives policy. 

237113. Federal procurement. 

237114. Relationship to other laws. 

237115. Control of substances, practices, processes, and activities that may reasonably be anticipated to affect the stratosphere. 

237116. Transfers among parties to Montreal Protocol. 

237117. International cooperation. 

237118. Miscellaneous provisions. 

1 § 237101. Definitions 

2 In this subdivision: 

3 (1) APPLIANCE.— 

4 (A) IN GENERAL.—The term ‘‘appliance’’ means any device 

5 that— 

6 (i) contains and uses a class I substance or class II sub7 stance as a refrigerant; and 

8 (ii) is used for a household or commercial purpose. 

9 (B) INCLUSIONS.—The term ‘‘appliance’’ includes any air condi10 tioner, refrigerator, chiller, or freezer. 

11 (2) BASELINE YEAR.—The term ‘‘baseline year’’ means— 

12 (A) calendar year 1986, in the case of any class I substance list13 ed in Group I or II under section 237102(a) of this title; 

14 (B) calendar year 1989, in the case of any class I substance 

15 listed in Group III, IV, or V under section 237102(a) of this title; 

16 and 

17 (C) a representative calendar year selected by the Adminis18 trator, in the case of— 

19 (i) any substance added to the list of class I substances 

20 after the publication of the initial list under section 

21 237102(a) of this title; and 

22 (ii) any class II substance. 

23 (3) CLASS I SUBSTANCE.—The term ‘‘class I substance’’ means a 

24 substance listed as provided in section 237102(a) of this title. 

25 (4) CLASS II SUBSTANCE.—The term ‘‘class II substance’’ means a 

26 substance listed as provided in section 237102(b) of this title. 

27 (5) COMMISSIONER.—The term ‘‘Commissioner’’ means the Commis28 sioner of Food and Drugs. 

29 (6) CONSUMPTION.— 

30 (A) IN GENERAL.—The term ‘‘consumption’’ means, with re31 spect to any substance— 

32 (i) the amount of that substance produced in the United 

33 States; plus 

34 (ii) the amount imported; minus 


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1 (iii) the amount exported to parties to the Montreal Pro2 tocol. 

3 (B) CONSTRUCTION.—The term ‘‘consumption’’ shall be con4 strued in a manner that is consistent with the Montreal Protocol. 

5 (7) IMPORT.—The term ‘‘import’’ means to land on, bring into, or 

6 introduce into, or attempt to land on, bring into, or introduce into, any 

7 place subject to the jurisdiction of the United States, whether or not 

8 the landing, bringing, or introduction constitutes an importation within 

9 the meaning of the customs laws of the United States. 

10 (8) MEDICAL DEVICE.—The term ‘‘medical device’’ means any device 

11 (as defined in section 201 of the Federal Food, Drug, and Cosmetic 

12 Act (21 U.S.C. 321)), diagnostic product, drug (as defined in that sec13 tion), or drug delivery system that— 

14 (A) utilizes a class I substance or class II substance for which 

15 no safe and effective alternative has been developed, and where 

16 necessary, approved by the Commissioner; and 

17 (B) after notice and opportunity for public comment, is ap18 proved and determined to be essential by the Commissioner in con19 sultation with the Administrator. 

20 (9) MONTREAL PROTOCOL.— 

21 (A) IN GENERAL.—The term ‘‘Montreal Protocol’’ means the 

22 Montreal Protocol on Substances That Deplete the Ozone Layer, 

23 done at Montreal September 16, 1987 (26 I.L.M. 1541; 1522 

24 U.N.T.S. 29), a protocol to the Vienna Convention for the Protec25 tion of the Ozone Layer, done at Vienna March 22, 1985 (T.I.A.S. 

26 11097). 

27 (B) INCLUSIONS.—The term ‘‘Montreal Protocol’’ includes ad28 justments adopted by parties to the Montreal Protocol and amend29 ments that enter into force. 

30 (10) OZONE-DEPLETION POTENTIAL.— 

31 (A) IN GENERAL.—The term ‘‘ozone-depletion potential’’ means 

32 a factor established by the Administrator to reflect the ozone-de33 pletion potential of a substance, on a mass per kilogram basis, as 

34 compared with chlorofluorocarbon-11. 

35 (B) CRITERIA.—The factor shall be based on— 

36 (i) the substance’s atmospheric lifetime; 

37 (ii) the molecular weight of bromine and chlorine; 

38 (iii) the substance’s ability to be photolytically disasso39 ciated; and 

40 (iv) other factors determined to be an accurate measure of 

41 relative ozone-depletion potential. 


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1 (11) PRODUCE.— 

2 (A) IN GENERAL.—The term ‘‘produce’’ means to manufacture 

3 a substance from any raw material or feedstock chemical. 

4 (B) EXCLUSIONS.—The term ‘‘produce’’ does not include— 

5 (i) manufacture of a substance that is used and entirely 

6 consumed (except for trace quantities) in the manufacture of 

7 another chemical; or 

8 (ii) reuse or recycling of a substance. 

9 § 237102. Listing of class I substances and class II sub10 stances 

11 (a) LIST OF CLASS I SUBSTANCES.— 

12 (1) INITIAL LIST.—The Administrator shall publish an initial list of 

13 class I substances that contains 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 

14 (2) ISOMERS.—The initial list under this subsection includes the iso15 mers of the substances described in paragraph (1), other than 1,1,2- 

16 trichloroethane (an isomer of methyl chloroform). 

17 (3) ADDITIONS TO LIST.—Pursuant to subsection (c), the Adminis18 trator shall add to the list of class I substances any other substance 

19 that the Administrator finds causes or contributes significantly to 

20 harmful effects on the stratospheric ozone layer. The Administrator 

21 shall, pursuant to subsection (c), add to the list all substances that the 

22 Administrator determines have an ozone depletion potential of 0.2 or 

23 greater. 

24 (b) LIST OF CLASS II SUBSTANCES.— 

25 (1) INITIAL LIST.—Simultaneously with publication of the initial list 

26 of class I substances, the Administrator shall publish an initial list of 

27 class II substances that contains the following substances: 


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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) 

1 (2) ISOMERS.—The initial list under this subsection includes the iso2 mers of the substances described in paragraph (1). 

3 (3) ADDITIONS TO LIST.—Pursuant to subsection (c), the Adminis4 trator shall add to the list of class II substances any other substance 

5 that the Administrator finds is known or may reasonably be anticipated 

6 to cause or contribute to harmful effects on the stratospheric ozone 

7 layer. 

8 (c) ADDITIONS TO LISTS.— 

9 (1) IN GENERAL.—The Administrator may add, by regulation, in ac10 cordance with the criteria set forth in subsection (a) or (b), as the case 

11 may be, any substance to the list of class I substances or class II sub12 stances under subsection (a) or (b). For purposes of exchanges under 

13 section 237107 of this title, whenever a substance is added to the list 

14 of class I substances the Administrator shall, to the extent consistent 

15 with the Montreal Protocol, assign the substance to existing Group I, 

16 II, III, IV, or V or place the substance in a new Group. 

17 (2) PERIODIC LISTING.—Periodically, but not less frequently than 

18 every 3 years, the Administrator shall list, by regulation, as additional 

19 class I substances or class II substances the substances that the Ad20 ministrator finds meet the criteria of subsection (a) or (b), as the case 

21 may be. 

22 (3) PETITIONS.— 

23 (A) IN GENERAL.—Any person may petition the Administrator 

24 to add a substance to the list of class I substances or class II subVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00538 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 stances. Pursuant to the criteria set forth in subsection (a) or (b), 

2 as the case may be, within 180 days after receiving such a peti3 tion, the Administrator shall propose to add the substance to the 

4 list or publish an explanation of the petition denial. In any case 

5 where the Administrator proposes to add a substance to the list, 

6 the Administrator shall add by regulation, or make a final deter7 mination not to add, the substance to the list within 1 year after 

8 receiving the petition. 

9 (B) SHOWING.—Any petition under this paragraph shall include 

10 a showing by the petitioner that there are data on the substance 

11 adequate to support the petition. 

12 (C) FURTHER INFORMATION.—If the Administrator determines 

13 that information on the substance is not sufficient to make a de14 termination under this paragraph, the Administrator shall use any 

15 authority available to the Administrator, under any law adminis16 tered by the Administrator, to acquire the information. 

17 (4) REMOVAL FROM LIST.—Only a class II substance that is added 

18 to the list of class I substances may be removed from the list of class 

19 II substances. No substance described in subsection (a), including 

20 methyl chloroform, may be removed from the list of class I substances. 

21 (d) NEW LISTED SUBSTANCES.— 

22 (1) EXTENSION.—In the case of any substance added to the list of 

23 class I substances or class II substances after publication of the initial 

24 lists of class I substances and class II substances under this section, 

25 the Administrator may extend any schedule or compliance deadline con26 tained in section 237105 of this title to a later date than is specified 

27 in that section if the schedule or deadline is unattainable, considering 

28 when the substance is added to the list. 

29 (2) LIMITATIONS.— 

30 (A) CLASS I SUBSTANCES.—No extension under this subsection 

31 may extend the date for termination of production of any class I 

32 substance to a date that is more than 7 years after January 1 of 

33 the year after the year in which the substance is added to the list 

34 of class I substances. 

35 (B) CLASS II SUBSTANCES.—No extension under this subsection 

36 may extend the date for termination of production of any class II 

37 substance to a date more than 10 years after January 1 of the 

38 year after the year in which the substance is added to the list of 

39 class II substances. 

40 (e) OZONE-DEPLETION AND GLOBAL WARMING POTENTIAL.— 


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1 (1) ASSIGNMENT OF NUMERICAL VALUE AND PUBLICATION OF

2 CHLORINE AND BROMINE LOADING POTENTIAL AND ATMOSPHERIC

3 LIFETIME.—Simultaneously with any addition to either of the lists, the 

4 Administrator shall— 

5 (A) assign to each listed substance a numerical value rep6 resenting the substance’s ozone-depletion potential; and 

7 (B) publish the chlorine and bromine loading potential and the 

8 atmospheric lifetime of each listed substance. 

9 (2) PUBLICATION OF GLOBAL WARMING POTENTIAL.— 

10 (A) IN GENERAL.—One year after the addition of a substance 

11 to either of the lists, after notice and opportunity for public com12 ment, the Administrator shall publish the global warming potential 

13 of each listed substance. 

14 (B) NO BASIS FOR ADDITIONAL REGULATION.—Subparagraph 

15 (A) shall not be construed to be the basis of any additional regula16 tion under this division. 

17 (3) OZONE-DEPLETION POTENTIAL.— 

18 (A) IN GENERAL.—In the case of the substances described in 

19 table 1, the ozone-depletion potential shall be as specified in table 

20 1, unless the Administrator adjusts the substance’s ozone-deple21 tion potential based on criteria described in section 237101(10) of 

22 this title: 

TABLE 1 

Substance 

Ozonedepletion 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 

23 (B) SPECIFICATION IN MONTREAL PROTOCOL.—Where the 

24 ozone-depletion potential of a substance is specified in the Mon25 treal Protocol, the ozone-depletion potential specified for that subVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00540 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 stance under this section shall be consistent with the Montreal 

2 Protocol. 

3 § 237103. Monitoring and reporting requirements 

4 (a) REGULATIONS.—The regulations of the Administrator regarding mon5 itoring and reporting of class I substances and class II substances shall con6 form to the requirements of this section. The regulations shall include re7 quirements with respect to the time and manner of monitoring and report8 ing as required under this section. 

9 (b) PRODUCTION, IMPORT, AND EXPORT LEVEL REPORTS.—On a quar10 terly basis, or such other basis (not less than annually) as the Administrator 

11 may determine, each person that produces, imports, or exports a class I sub12 stance or class II substance shall file a report with the Administrator set13 ting forth the amount of the substance that the person produced, imported, 

14 and exported during the preceding reporting period. Each such report shall 

15 be signed and attested by a responsible officer. No such report shall be re16 quired from a person after April 1 of the calendar year after the person 

17 permanently ceases production, importation, and exportation of the sub18 stance and so notifies the Administrator in writing. 

19 (c) BASELINE REPORTS FOR CLASS I SUBSTANCES.—Unless such infor20 mation has previously been reported to the Administrator, on the date on 

21 which the 1st report under subsection (b) is required to be filed, each per22 son that produces, imports, or exports a class I substance (other than a sub23 stance added to the list of class I substances after the publication of the 

24 initial list of class I substances under this section) shall file a report with 

25 the Administrator setting forth the amount of the class I substance that the 

26 person produced, imported, and exported during the baseline year. In the 

27 case of a substance added to the list of class I substances after publication 

28 of the initial list of class I substances under this section, the regulations 

29 shall require that each person that produced, imported, or exported the class 

30 I substance shall file a report with the Administrator within 180 days after 

31 the date on which the class I substance is added to the list, setting forth 

32 the amount of the class I substance that the person produced, imported, and 

33 exported in the baseline year. 

34 (d) MONITORING AND REPORTS TO CONGRESS.— 

35 (1) PRODUCTION, USE, AND CONSUMPTION OF CLASS I SUBSTANCES

36 AND CLASS II SUBSTANCES.—The Administrator shall monitor the pro37 duction, use, and consumption of class I substances and class II sub38 stances. Not less frequently than every 6 years, the Administrator shall 

39 report to Congress on the environmental and economic effects of any 

40 stratospheric ozone depletion. 


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1 (2) TROPOSPHERIC CONCENTRATION OF CHLORINE AND BROMINE

2 AND LEVEL OF STRATOSPHERIC OZONE DEPLETION.— 

3 (A) IN GENERAL.—The Administrator of the National Aero4 nautics and Space Administration and the Administrator of the 

5 National Oceanic and Atmospheric Administration shall monitor, 

6 and not less often than every 3 years submit to Congress a report 

7 on, the current average tropospheric concentration of chlorine and 

8 bromine and the level of stratospheric ozone depletion. 

9 (B) CONTENTS.—A report under subparagraph (A) shall in10 clude updated projections of— 

11 (i) peak chlorine loading; 

12 (ii) the rate at which the atmospheric abundance of chlo13 rine is projected to decrease; and 

14 (iii) the date by which the atmospheric abundance of chlo15 rine is projected to return to a level of 2 parts per billion. 

16 (C) BASIS OF PROJECTIONS.—Updated projections under sub17 paragraph (B) shall be made on the basis of— 

18 (i) current international and domestic controls on sub19 stances covered by this subdivision; and 

20 (ii) controls described in clause (i) supplemented by a year 

21 2000 global phaseout of all halocarbon emissions (the base 

22 case). 

23 (D) PURPOSE.—It is the purpose of Congress through this sec24 tion to monitor closely the production and consumption of class II 

25 substances to ensure that the production and consumption of class 

26 II substances will not— 

27 (i) increase significantly the peak chlorine loading that is 

28 projected to occur under the base case established for pur29 poses of this section; 

30 (ii) reduce significantly the rate at which the atmospheric 

31 abundance of chlorine is projected to decrease under the base 

32 case; or 

33 (iii) delay the date by which the average atmospheric con34 centration of chlorine is projected under the base case to re35 turn to a level of 2 parts per billion. 

36 (e) TECHNOLOGY STATUS REPORT IN 2015.—The Administrator shall re37 view, on a periodic basis, the progress being made in the development of 

38 alternative systems or products necessary to manufacture and operate appli39 ances without class II substances. If the Administrator finds, after notice 

40 and opportunity for public comment, that as a result of technological devel41 opment problems, the development of such alternative systems or products 


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1 will not occur within the time necessary to provide for the manufacture of 

2 such equipment without class II substances prior to the applicable deadlines 

3 under section 237105 of this title, the Administrator shall, not later than 

4 January 1, 2015, so inform Congress. 

5 (f) EMERGENCY REPORT.— 

6 (1) IN GENERAL.—If, in consultation with the Administrator of the 

7 National Aeronautics and Space Administration and the Administrator 

8 of the National Oceanic and Atmospheric Administration, and after no9 tice and opportunity for public comment, the Administrator determines 

10 that the global production, consumption, and use of class II substances 

11 are projected to contribute to an atmospheric chlorine loading in excess 

of the base case projections by more than 5 12 ⁄10ths part per billion, the 

13 Administrator shall so inform Congress immediately. 

14 (2) DETERMINATION.—A determination under paragraph (2) shall 

15 be— 

16 (A) based on the monitoring under subsection (d); and 

17 (B) updated not less often than every 3 years. 

18 § 237104. Prohibition of production and consumption of 

19 class I substances 

20 (a) PROHIBITION OF PRODUCTION OF CLASS I SUBSTANCES.—It shall be 

21 unlawful for any person to produce any amount of a class I substance ex22 cept as provided in this section. 

23 (b) EXCEPTIONS FOR MEDICAL DEVICES AND AVIATION SAFETY.— 

24 (1) MEDICAL DEVICES.—The Administrator, after notice and oppor25 tunity for public comment, shall, to the extent that such action is con26 sistent with the Montreal Protocol, authorize the production of limited 

27 quantities of class I substances solely for use in medical devices if the 

28 authorization is determined by the Commissioner, in consultation with 

29 the Administrator, to be necessary for use in medical devices. 

30 (2) AVIATION SAFETY.— 

31 (A) IN GENERAL.—The Administrator, after notice and oppor32 tunity for public comment, may, to the extent such action is con33 sistent with the Montreal Protocol, authorize the production of 

34 limited quantities of halon-1211 (bromochlorodifluoromethane), 

35 halon-1301 (bromotrifluoromethane), and halon-2402 

36 (dibromotetrafluoroethane) solely for purposes of aviation safety if 

37 the Administrator of the Federal Aviation Administration, in con38 sultation with the Administrator, determines that no safe and ef39 fective substitute has been developed and that the authorization is 

40 necessary for aviation safety purposes. 


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1 (B) EXAMINATION.—The Administrator of the Federal Aviation 

2 Administration shall, in consultation with the Administrator, ex3 amine whether safe and effective substitutes for methyl chloroform 

4 or alternative techniques will be available for nondestructive test5 ing for metal fatigue and corrosion of existing airplane engines 

6 and airplane parts susceptible to metal fatigue and whether an ex7 ception for such uses of methyl chloroform under this paragraph 

8 is necessary for purposes of airline safety. 

9 (3) CAP ON EXCEPTIONS.—Under no circumstances may the author10 ity set forth in paragraphs (1) and (2) be applied to authorize any per11 son to produce a class I substance in annual quantities greater than 

12 10 percent of that produced by the person during the baseline year. 

13 (c) METHYL BROMIDE.— 

14 (1) SANITATION AND FOOD PROTECTION.—To the extent consistent 

15 with the Montreal Protocol’s quarantine and preshipment provisions, 

16 the Administrator shall exempt the production, importation, and con17 sumption of methyl bromide to fumigate commodities entering or leav18 ing the United States or any State (or political subdivision thereof) for 

19 purposes of compliance with Animal and Plant Health Inspection Serv20 ice requirements or with any international, Federal, State, or local 

21 sanitation or food protection standard. 

22 (2) CRITICAL USES.—To the extent consistent with the Montreal 

23 Protocol, the Administrator, after notice and the opportunity for public 

24 comment, and after consultation with other departments or instrumen25 talities of the Federal Government having regulatory authority related 

26 to methyl bromide, including the Secretary of Agriculture, may exempt 

27 the production, importation, and consumption of methyl bromide for 

28 critical uses. 

29 (3) SCHEDULE.—Notwithstanding subsections (a) and (b), the Ad30 ministrator shall promulgate regulations for reductions in, and termi31 nate the production, importation, and consumption of, methyl bromide 

32 under a schedule that is in accordance with, but not more stringent 

33 than, the phaseout schedule of the Montreal Protocol as in effect on 

34 October 21, 1998. 

35 (d) DEVELOPING COUNTRIES.— 

36 (1) EXCEPTION.—The Administrator, after notice and opportunity 

37 for public comment, may, consistent with the Montreal Protocol, au38 thorize the production of limited quantities of a class I substance solely 

39 for export to, and use in, developing countries that are parties to the 

40 Montreal Protocol and are operating under article 5 of the Montreal 


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1 Protocol. Any production authorized under this paragraph shall be sole2 ly for purposes of satisfying the basic domestic needs of such countries. 

3 (2) CAP ON EXCEPTION.— 

4 (A) IN GENERAL.—Under no circumstances may the authority 

5 set forth in paragraph (1) be applied to authorize any person to 

6 produce a class I substance in any year in an annual quantity 

7 greater than 15 percent of the baseline quantity of that class I 

8 substance produced by that person. 

9 (B) TERMINATION OF EXCEPTION.—An exception authorized 

10 under this subsection shall terminate not later than January 1, 

11 2010 (2012 in the case of methyl chloroform). 

12 (3) METHYL BROMIDE.—Notwithstanding the phaseout and termi13 nation of production of methyl bromide pursuant to subsection (c)(3), 

14 the Administrator may, consistent with the Montreal Protocol, author15 ize the production of limited quantities of methyl bromide, solely for 

16 use in developing countries that are parties to the Copenhagen Amend17 ment to the Montreal Protocol (32 I.L.M. 874). 

18 (e) NATIONAL SECURITY.— 

19 (1) IN GENERAL.—The President may, to the extent that such action 

20 is consistent with the Montreal Protocol, issue such orders regarding 

21 production and use of chlorofluorocarbon-114, halon-1211, halon-1301, 

22 and halon-2402, at any specified site or facility or on any vessel as may 

23 be necessary to protect the national security interests of the United 

24 States if the President finds that adequate substitutes are not available 

25 and that the production and use of the substance are necessary to pro26 tect the national security interests of the United States. 

27 (2) EXEMPTIONS.— 

28 (A) IN GENERAL.—An order under paragraph (1) may include, 

29 where necessary to protect the national security interests of the 

30 United States, an exemption from any prohibition or requirement 

31 contained in this subdivision. 

32 (B) NOTIFICATION OF CONGRESS.—The President shall notify 

33 Congress within 30 days of the issuance of an order under para34 graph (1) providing for an exemption under subparagraph (A). 

35 The notification shall include a statement of the reasons for the 

36 granting of the exemption. 

37 (C) TIME PERIOD.—An exemption under this paragraph shall 

38 be for a specified period, which may not exceed 1 year. 

39 (D) ADDITIONAL EXEMPTIONS.—Additional exemptions may be 

40 granted, each on the President’s issuance of a new order under 


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1 paragraph (1). Each additional exemption shall be for a specified 

2 period, which may not exceed 1 year. 

3 (E) LACK OF APPROPRIATION.—No exemption shall be granted 

4 under this paragraph due to lack of appropriation unless the 

5 President specifically requests an appropriation as a part of the 

6 budgetary process and Congress fails to make available the re7 quested appropriation. 

8 § 237105. Phaseout of production and consumption of class 

9 II substances 

10 (a) RESTRICTION ON USE OF CLASS II SUBSTANCES.— 

11 (1) DEFINITION OF REFRIGERANT.—In this subsection, the term 

12 ‘‘refrigerant’’ means any class II substance used for heat transfer in 

13 a refrigerating system. 

14 (2) PROHIBITION.—Effective January 1, 2015, it shall be unlawful 

15 for any person to introduce into interstate commerce or use any class 

16 II substance unless the class II substance— 

17 (A) has been used, recovered, and recycled; 

18 (B) is used and entirely consumed (except for trace quantities) 

19 in the production of other chemicals; 

20 (C) is used as a refrigerant in an appliance manufactured prior 

21 to January 1, 2020; or 

22 (D) is listed as acceptable for use as a fire suppression agent 

23 for nonresidential applications in accordance with section 

24 237112(c)(2) of this title. 

25 (b) PRODUCTION PHASEOUT.— 

26 (1) PRODUCTION IN QUANTITY GREATER THAN THE QUANTITY PRO27 DUCED DURING THE BASELINE YEAR.—Effective January 1, 2015, it 

28 shall be unlawful for any person to produce any class II substance in 

29 an annual quantity greater than the quantity of that class II substance 

30 produced by that person during the baseline year. 

31 (2) PRODUCTION IN ANY QUANTITY.—Effective January 1, 2030, it 

32 shall be unlawful for any person to produce any class II substance. 

33 (c) REGULATIONS REGARDING PRODUCTION AND CONSUMPTION OF

34 CLASS II SUBSTANCES.—The Administrator shall promulgate regulations 

35 to— 

36 (1) phase out the production, and restrict the use, of class II sub37 stances in accordance with this section, subject to any acceleration of 

38 the phaseout of production under section 237106 of this title; and 

39 (2) ensure that the consumption of class II substances in the United 

40 States is phased out and terminated in accordance with the same 

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1 plicable to the phaseout and termination of production of class II sub2 stances under this subdivision. 

3 (d) EXCEPTIONS.— 

4 (1) MEDICAL DEVICES.— 

5 (A) IN GENERAL.—Notwithstanding the termination of produc6 tion required under subsection (b)(2) and the restriction on use 

7 described in subsection (a), the Administrator, after notice and op8 portunity for public comment, shall, to the extent that such action 

9 is consistent with the Montreal Protocol, authorize the production 

10 and use of limited quantities of class II substances solely for pur11 poses of use in medical devices if the authorization is determined 

12 by the Commissioner, in consultation with the Administrator, to 

13 be necessary for use in medical devices. 

14 (B) CAP ON EXCEPTION.—Under no circumstances may the au15 thority set forth in subparagraph (A) be applied to authorize any 

16 person to produce a class II substance in annual quantities greater 

17 than 10 percent of that class II substance produced by that person 

18 during the baseline year. 

19 (2) DEVELOPING COUNTRIES.— 

20 (A) IN GENERAL.—Notwithstanding subsection (a) or (b), the 

21 Administrator, after notice and opportunity for public comment, 

22 may authorize the production of limited quantities of a class II 

23 substance in excess of the quantities otherwise permitted under 

24 subsections (a) and (b) solely for export to and use in developing 

25 countries that are parties to the Montreal Protocol, as determined 

26 by the Administrator. Any production authorized under this sub27 section shall be solely for purposes of satisfying the basic domestic 

28 needs of developing countries. 

29 (B) CAP ON EXCEPTION.— 

30 (i) BEFORE 2030.—Under no circumstances may the au31 thority set forth in subparagraph (A) be applied to authorize 

32 any person to produce a class II substance in any year fol33 lowing the effective date of subsection (b)(1) and before the 

34 year 2030 in an annual quantity that is greater than 110 per35 cent of the quantity of that class II substance produced by 

36 that person during the baseline year. 

37 (ii) 2030 AND THEREAFTER.—Under no circumstances 

38 may the authority set forth in subparagraph (A) be applied 

39 to authorize any person to produce a class II substance in the 

40 year 2030 or any year thereafter in an annual quantity that 


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1 is greater than 15 percent of the quantity of that class II 

2 substance produced by that person during the baseline year. 

3 (iii) TERMINATION OF EXCEPTIONS.—Each exception au4 thorized under this paragraph shall terminate not later than 

5 January 1, 2040. 

6 § 237106. Accelerated schedule 

7 (a) IN GENERAL.—The Administrator shall promulgate regulations that 

8 establish a schedule for phasing out the production, consumption, or use of 

9 class II substance that is more stringent than set forth in section 237105 

10 of this title if— 

11 (1) based on an assessment of credible current scientific information 

12 (including any assessment under the Montreal Protocol) regarding 

13 harmful effects on the stratospheric ozone layer associated with the 

14 class II substance, the Administrator determines that a more stringent 

15 schedule may be necessary to protect human health and the environ16 ment against those effects; 

17 (2) based on the availability of substitutes for the class II substance, 

18 the Administrator determines that a more stringent schedule is prac19 ticable, taking into account technological achievability, safety, and 

20 other relevant factors; or 

21 (3) the Montreal Protocol is modified to include a schedule to control 

22 or reduce production, consumption, or use of the class II substance 

23 more rapidly than the applicable schedule under this subdivision. 

24 (b) CONSIDERATION OF STATUS OF REMAINING PERIOD.—In making any 

25 determination under paragraph (1) or (2) of subsection (a), the Adminis26 trator shall consider the status of the period remaining under the applicable 

27 schedule under this subdivision. 

28 (c) PETITION.— 

29 (1) IN GENERAL.—Any person may petition the Administrator to 

30 promulgate regulations under this section. The Administrator shall 

31 grant or deny such a petition within 180 days after receipt of any such 

32 petition. 

33 (2) SHOWING.—A petition under this subsection shall include a 

34 showing by the petitioner that there are data adequate to support the 

35 petition. 

36 (3) FURTHER INFORMATION.—If the Administrator determines that 

37 information is not sufficient to make a determination under this sub38 section, the Administrator shall use any authority available to the Ad39 ministrator, under any law administered by the Administrator, to ac40 quire the information. 


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1 (4) DENIAL OF PETITION.—If the Administrator denies the petition, 

2 the Administrator shall publish an explanation of why the petition was 

3 denied. 

4 (5) GRANT OF PETITION.—If the Administrator grants the petition, 

5 the final regulations shall be promulgated within 1 year. 

6 § 237107. Exchange authority 

7 (a) TRANSFERS.—The Administrator shall promulgate regulations under 

8 this subdivision providing for the issuance of allowances for the production 

9 of class I substances and class II substances in accordance with the require10 ments of this subdivision and governing the transfer of such allowances. The 

11 regulations shall ensure that the transactions under the authority of this 

12 section will result in greater total reductions in the production in each year 

13 of class I substances and class II substances than would occur in that year 

14 in the absence of such transactions. 

15 (b) INTERPOLLUTANT TRANSFERS.— 

16 (1) PRODUCTION ALLOWANCE.—The regulations under this section 

17 shall permit a production allowance for a substance for any year to be 

18 transferred for a production allowance for another substance for the 

19 same year on an ozone depletion weighted basis. 

20 (2) GROUPS OF CLASS I SUBSTANCES.—Allowances for substances in 

21 each group of class I substances (as listed pursuant to section 237102 

22 of this title) may be transferred only for allowances for other class I 

23 substances in the same group. 

24 (3) GROUPS OF CLASS II SUBSTANCES.—The Administrator shall, as 

25 appropriate, establish groups of class II substances for trading pur26 poses and assign class II substances to such groups. In the case of 

27 class II substances, allowances may be transferred only for allowances 

28 for other class II substances that are in the same group. 

29 (c) TRADES WITH OTHER PERSONS.—The regulations under this section 

30 shall permit 2 or more persons to transfer production allowances (including 

31 interpollutant transfers that meet the requirements of subsections (a) and 

32 (b)) if the transferor of the allowances will be subject, under the regulations, 

33 to an enforceable and quantifiable reduction in annual production that— 

34 (1) exceeds the reduction otherwise applicable to the transferor 

35 under this subdivision; 

36 (2) exceeds the production allowances transferred to the transferee; 

37 and 

38 (3) would not have occurred in the absence of the transaction. 

39 (d) CONSUMPTION.—The regulations under this section shall provide for 

40 the issuance of consumption allowances in accordance with the requirements 

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1 ner as is applicable under this section to the trading of production allow2 ances under this section. 

3 § 237108. National recycling and emission reduction pro4 gram 

5 (a) IN GENERAL.— 

6 (1) USE AND DISPOSAL OF CLASS I SUBSTANCES AND CLASS II SUB7 STANCES.—The Administrator shall promulgate regulations estab8 lishing standards and requirements regarding use and disposal of class 

9 I substances and class II substances, including the use and disposal of 

10 class I substances and class II substances during service, repair, or dis11 posal of appliances and industrial process refrigeration. 

12 (2) CONTENTS.—The regulations under this subsection— 

13 (A) shall include requirements that— 

14 (i) reduce the use and emission of class I substances and 

15 class II substances to the lowest achievable level; and 

16 (ii) maximize the recapture and recycling of class I sub17 stances and class II substances; and 

18 (B) may include requirements— 

19 (i) to use alternative substances (including substances that 

20 are not class I substances or class II substances) or to mini21 mize use of class I substances or class II substances; or 

22 (ii) to promote the use of safe alternatives pursuant to sec23 tion 237112 of this title. 

24 (b) SAFE DISPOSAL.— 

25 (1) IN GENERAL.—The regulations under subsection (a) shall estab26 lish standards and requirements for the safe disposal of class I sub27 stances and class II substances. 

28 (2) CONTENTS.—The regulations shall require that— 

29 (A) a class I substance or class II substance contained in bulk 

30 in appliances, machines, or other goods shall be removed from 

31 each appliance, machine, or other good prior to disposal of, or de32 livery for recycling of, the appliance, machine, or good; 

33 (B) any appliance, machine, or other good containing a class I 

34 substance or class II substance in bulk shall not be manufactured, 

35 sold, or distributed in interstate commerce or offered for sale or 

36 distribution in interstate commerce unless it is equipped with a 

37 servicing aperture or an equally effective design feature that will 

38 facilitate the recapture of the class I substance or class II sub39 stance during service and repair or disposal of the appliance, ma40 chine, or good; and 


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1 (C) any product in which a class I substance or class II sub2 stance is incorporated so as to constitute an inherent element of 

3 the product shall be disposed of in a manner that reduces, to the 

4 maximum extent practicable, the release of the class I substance 

5 or class II substance into the environment. 

6 (3) EXCEPTION.—If the Administrator determines that the applica7 tion of this paragraph to any product would result in producing only 

8 insignificant environmental benefits, the Administrator shall include in 

9 the regulations an exception for that product. 

10 (c) PROHIBITIONS.— 

11 (1) RELEASE OR DISPOSAL OF CLASS I SUBSTANCE OR CLASS II SUB12 STANCE.— 

13 (A) IN GENERAL.—It shall be unlawful for any person, in the 

14 course of maintaining, servicing, repairing, or disposing of an ap15 pliance or industrial process refrigeration, to knowingly vent or 

16 otherwise knowingly release or dispose of any class I substance or 

17 class II substance used as a refrigerant in the appliance or indus18 trial process refrigeration in a manner that permits the class I 

19 substance or class II substance to enter the environment. 

20 (B) DE MINIMIS RELEASE.—A de minimis release associated 

21 with a good faith attempt to recapture and recycle or safely dis22 pose of a class I substance or class II substance shall not be sub23 ject to the prohibition set forth in subparagraph (A). 

24 (2) RELEASE OR DISPOSAL OF SUBSTITUTE SUBSTANCE FOR A

25 CLASS I SUBSTANCE OR CLASS II SUBSTANCE.— 

26 (A) DEFINITION OF APPLIANCE.—In this paragraph, the term 

27 ‘‘appliance’’ includes any device that contains and uses as a refrig28 erant a substitute substance and that is used for household or 

29 commercial purposes, including any air conditioner, refrigerator, 

30 chiller, or freezer. 

31 (B) PROHIBITION.—It shall be unlawful for any person, in the 

32 course of maintaining, servicing, repairing, or disposing of an ap33 pliance or industrial process refrigeration, to knowingly vent or 

34 otherwise knowingly release or dispose of any substitute substance 

35 for a class I substance or class II substance that contains and uses 

36 as a refrigerant any such substitute substance, unless the Admin37 istrator determines that venting, releasing, or disposing of that 

38 substitute substance does not pose a threat to the environment. 

39 § 237109. Servicing of motor vehicle air conditioners 

40 (a) DEFINITIONS.—In this section: 

41 (1) APPROVED REFRIGERANT RECYCLING EQUIPMENT.— 


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1 (A) IN GENERAL.—The term ‘‘approved refrigerant recycling 

2 equipment’’ means equipment certified by the Administrator (or 

3 an independent standards testing organization approved by the 

4 Administrator) to meet the standards established by the Adminis5 trator and applicable to equipment for the extraction and reclama6 tion of refrigerant from motor vehicle air conditioners. 

7 (B) STRINGENCY.—The standards under subparagraph (A) 

8 shall, at a minimum, be at least as stringent as the standards of 

9 the Society of Automotive Engineers in effect as of November 15, 

10 1990, and applicable to equipment described in subparagraph (A) 

11 (SAE standard J–1990). 

12 (C) EQUIPMENT PURCHASED BEFORE THE PROPOSAL OF REGU13 LATIONS.—Equipment purchased before the proposal of regula14 tions under this section shall be considered certified if it is sub15 stantially identical to equipment certified as provided in subpara16 graph (A). 

17 (2) PROPERLY TRAINED AND CERTIFIED.— 

18 (A) IN GENERAL.—The term ‘‘properly trained and certified’’ 

19 means having training and certification in the proper use of ap20 proved refrigerant recycling equipment for motor vehicle air condi21 tioners in conformity with standards established by the Adminis22 trator and applicable to the performance of service on motor vehi23 cle air conditioners. 

24 (B) STRINGENCY.—The standards under subparagraph (A) 

25 shall, at a minimum, be at least as stringent as specified, as of 

26 November 15, 1990, in SAE standard J–1989 under the certifi27 cation program of the National Institute for Automotive Service 

28 Excellence or under a similar program such as the training and 

29 certification program of the Mobile Air Conditioning Society. 

30 (3) PROPERLY USE.— 

31 (A) IN GENERAL.—The term ‘‘properly use’’, with respect to the 

32 use of approved refrigerant recycling equipment, means to use in 

33 conformity with standards established by the Administrator and 

34 applicable to the use of the equipment. 

35 (B) STRINGENCY.—The standards under subparagraph (A) 

36 shall, at a minimum, be at least as stringent as the standards of 

37 the Society of Automotive Engineers in effect as of November 15, 

38 1990, and applicable to the use of equipment described in sub39 paragraph (A) (SAE standard J–1989). 


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1 (4) REFRIGERANT.—The term ‘‘refrigerant’’ means any class I sub2 stance, class II substance, or substitute substance for a class I sub3 stance or class II substance used in a motor vehicle air conditioner. 

4 (b) REGULATIONS.—The Administrator shall promulgate regulations es5 tablishing standards and requirements regarding the servicing of motor ve6 hicle air conditioners. 

7 (c) PROHIBITIONS.— 

8 (1) PROPER USE.—No person repairing or servicing motor vehicles 

9 for consideration may perform any service on a motor vehicle air condi10 tioner involving the refrigerant for the air conditioner without properly 

11 using approved refrigerant recycling equipment; 

12 (2) PROPER TRAINING AND CERTIFICATION.—No person repairing or 

13 servicing motor vehicles for consideration may perform the service un14 less the person has been properly trained and certified. 

15 (d) CERTIFICATION.— 

16 (1) IN GENERAL.—Each person performing service on motor vehicle 

17 air conditioners for consideration shall certify to the Administrator that 

18 the person has acquired, and is properly using, approved refrigerant re19 cycling equipment in service on motor vehicle air conditioners involving 

20 refrigerant and that each individual authorized by the person to per21 form that service is properly trained and certified. 

22 (2) CONTENTS.—A certification under this subsection shall con23 tain— 

24 (A) the name and address of the person certifying; and 

25 (B) the serial number of each unit of approved recycling equip26 ment acquired by the person. 

27 (3) MANNER OF CERTIFICATION.—A certification under this sub28 section— 

29 (A) shall be signed and attested by the owner or another re30 sponsible officer; and 

31 (B) may be made by submitting the required information to the 

32 Administrator on a standard form provided by the manufacturer 

33 of certified refrigerant recycling equipment. 

34 (e) SMALL CONTAINERS OF CLASS I SUBSTANCES OR CLASS II SUB35 STANCES.—It shall be unlawful for any person to sell or distribute, or offer 

36 for sale or distribution, in interstate commerce to any person (other than 

37 a person performing service for consideration on motor vehicle air condi38 tioning systems in compliance with this section) any class I substance or 

39 class II substance that is suitable for use as a refrigerant in a motor vehicle 

40 air conditioning system and that is in a container that contains less than 

41 20 pounds of the refrigerant. 


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1 § 237110. Nonessential products containing 

2 chlorofluorocarbons 

3 (a) NONESSENTIAL PRODUCTS.— 

4 (1) IN GENERAL.—The Administrator shall promulgate regulations 

5 that— 

6 (A) identify nonessential products that release class I sub7 stances into the environment (including any release occurring dur8 ing manufacture, use, storage, or disposal); and 

9 (B) prohibit any person from selling or distributing any such 

10 product, or offering any such product for sale or distribution, in 

11 interstate commerce. 

12 (2) APPLICABILITY.—At a minimum, the prohibition shall apply to— 

13 (A) chlorofluorocarbon-propelled plastic party streamers and 

14 noise horns; 

15 (B) chlorofluorocarbon-containing cleaning fluids for non16 commercial electronic and photographic equipment; and 

17 (C) other consumer products that are determined by the Admin18 istrator— 

19 (i) to release class I substances into the environment (in20 cluding any release occurring during manufacture, use, stor21 age, or disposal); and 

22 (ii) to be nonessential. 

23 (3) DETERMINATION.—In determining whether a product is non24 essential, the Administrator shall consider— 

25 (A) the purpose or intended use of the product; 

26 (B) the technological availability of substitutes for the product 

27 and for the class I substance; 

28 (C) safety; 

29 (D) health; and 

30 (E) other relevant factors. 

31 (b) PROHIBITIONS.— 

32 (1) IN GENERAL.—It shall be unlawful for any person to sell or dis33 tribute, or offer for sale or distribution, in interstate commerce any 

34 nonessential product to which regulations under subsection (a) are ap35 plicable. 

36 (2) OTHER PRODUCTS.— 

37 (A) PROHIBITION.—It shall be unlawful for any person to sell 

38 or distribute, or offer for sale or distribution, in interstate com39 merce— 

40 (i) any aerosol product or other pressurized dispenser that 

41 contains a class II substance; or 


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1 (ii) any plastic foam product that contains, or is manufac2 tured with, a class II substance. 

3 (B) EXCEPTIONS.—The Administrator may grant exceptions 

4 from the prohibition under subparagraph (A)(i) where— 

5 (i) the use of the aerosol product or pressurized dispenser 

6 is determined by the Administrator to be essential as a result 

7 of flammability or worker safety concerns; and 

8 (ii) the only available alternative to use of a class II sub9 stance is use of a class I substance that legally could be sub10 stituted for the class II substance. 

11 (C) NONAPPLICABILITY.—Subparagraph (A)(ii) shall not apply 

12 to— 

13 (i) a foam insulation product; or 

14 (ii) an integral skin, rigid, or semi-rigid foam utilized to 

15 provide for motor vehicle safety in accordance with Federal 

16 Motor Vehicle Safety Standards where no adequate substitute 

17 substance (other than a class I substance or class II sub18 stance) is practicable for effectively meeting those standards. 

19 (c) MEDICAL DEVICES.—Nothing in this section applies to a medical de20 vice. 

21 § 237111. Labeling 

22 (a) CONTAINERS CONTAINING A CLASS I SUBSTANCE OR CLASS II SUB23 STANCE; PRODUCTS CONTAINING A CLASS I SUBSTANCE.—No container in 

24 which a class I substance or class II substance is stored or transported, and 

25 no product containing a class I substance, shall be introduced into interstate 

26 commerce unless it bears a clearly legible and conspicuous label stating: 

27 ‘‘Warning: Contains [insert name of substance], a substance 

28 that harms public health and environment by destroying ozone in 

29 the upper atmosphere’’. 

30 (b) PRODUCTS CONTAINING A CLASS II SUBSTANCE.— 

31 (1) BEFORE JANUARY 1, 2015.—Before January 1, 2015, no product 

32 containing a class II substance shall be introduced into interstate com33 merce unless it bears the label described in subsection (a) if the Admin34 istrator determines, after notice and opportunity for public comment, 

35 that there is a substitute product or manufacturing process— 

36 (A) that does not rely on the use of the class II substance; 

37 (B) that reduces the overall risk to human health and the envi38 ronment; and 

39 (C) that is currently or potentially available. 

40 (2) ON AND AFTER JANUARY 1, 2015.—Effective January 1, 2015, 

41 no product containing a class II substance shall be introduced into 


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1 interstate commerce unless it bears the label described in subsection 

2 (a). 

3 (c) PRODUCTS MANUFACTURED WITH A CLASS I SUBSTANCE OR CLASS

4 II SUBSTANCE.— 

5 (1) BEFORE JANUARY 1, 2015.— 

6 (A) CLASS II SUBSTANCES.—Before January 1, 2015, if the Ad7 ministrator, after notice and opportunity for public comment, 

8 makes the determination described in subsection (b)(1) with re9 spect to a product manufactured with a process that uses a class 

10 II substance, no such product shall be introduced into interstate 

11 commerce unless it bears a clearly legible and conspicuous label 

12 stating the following: 

13 ‘‘Warning: Manufactured with [insert name of substance], 

14 a substance that harms public health and environment by de15 stroying ozone in the upper atmosphere’’. 

16 (B) CLASS I SUBSTANCES.—Before January 1, 2015, no prod17 uct manufactured with a process that uses a class I substance 

18 shall be introduced into interstate commerce unless it bears a label 

19 described in subparagraph (A) unless the Administrator deter20 mines that there is no substitute product or manufacturing proc21 ess that— 

22 (i) does not rely on the use of the class I substance; 

23 (ii) reduces the overall risk to human health and the envi24 ronment; and 

25 (iii) is currently or potentially available. 

26 (2) ON AND AFTER JANUARY 1, 2015.—Effective January 1, 2015, 

27 no product manufactured with a process that uses a class I substance 

28 or class II substance shall be introduced into commerce unless it bears 

29 a label described in paragraph (1)(A). 

30 (d) PETITIONS.— 

31 (1) IN GENERAL.—Any person may petition the Administrator to 

32 apply the requirements of this section to a product containing a class 

33 II substance or a product manufactured with a class I substance or 

34 class II substance that is not otherwise subject to the requirements. 

35 Within 180 days after receiving such a petition, the Administrator 

36 shall, pursuant to the criteria set forth in subsection (b), propose to 

37 apply the requirements of this section to the product or publish an ex38 planation of the petition denial. If the Administrator proposes to apply 

39 the requirements to the product, the Administrator shall, by regulation, 

40 render a final determination pursuant to those criteria within 1 year 

41 after receiving the petition. 


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1 (2) SHOWING.—Any petition under this paragraph shall include a 

2 showing by the petitioner that there are data on the product adequate 

3 to support the petition. 

4 (3) FURTHER INFORMATION.—If the Administrator determines that 

5 information on the product is not sufficient to make the required deter6 mination, the Administrator shall use any authority available to the 

7 Administrator under any law administered by the Administrator to ac8 quire the information. 

9 (4) EFFECTIVE DATE.—In the case of a product determined by the 

10 Administrator, on petition or on the Administrator’s own motion, to be 

11 subject to the requirements of this section, the effective date for the 

12 requirements shall be 1 year after the date of the determination. 

13 (e) RELATIONSHIP TO OTHER LAW.— 

14 (1) NO DEFENSE.—The labeling requirements of this section shall 

15 not constitute, in whole or part, a defense to liability or a cause for 

16 reduction in damages in any civil or criminal action brought under any 

17 Federal or State law other than an action for failure to comply with 

18 the labeling requirements of this section. 

19 (2) NO OTHER APPROVAL.—No other approval of a label by the Ad20 ministrator under any other law administered by the Administrator 

21 shall be required with respect to the labeling requirements of this sec22 tion. 

23 (f) REGULATIONS.—The Administrator shall promulgate regulations to 

24 implement the labeling requirements of this section. 

25 § 237112. Safe alternatives policy 

26 (a) POLICY.—To the maximum extent practicable, class I substances and 

27 class II substances shall be replaced by chemicals, product substitutes, or 

28 alternative manufacturing processes that reduce overall risks to human 

29 health and the environment. 

30 (b) REVIEWS AND REPORTS.—The Administrator shall— 

31 (1) in consultation and coordination with interested members of the 

32 public and the heads of relevant Federal agencies and departments— 

33 (A) recommend Federal research programs and other activities 

34 to assist in— 

35 (i) identifying alternatives to the use of class I substances 

36 and class II substances as refrigerants, solvents, fire 

37 retardants, foam blowing agents, and other commercial appli38 cations; and 

39 (ii) achieving a transition to the alternatives; and 

40 (B) where appropriate, seek to maximize the use of Federal re41 search facilities and resources to assist users of class I substances 


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1 and class II substances in identifying and developing alternatives 

2 to the uses described in subparagraph (A)(i); 

3 (2)(A) in consultation and coordination with the Secretary of De4 fense and the heads of other relevant Federal agencies and depart5 ments, including the General Services Administration, examine Federal 

6 procurement practices with respect to class I substances and class II 

7 substances; and 

8 (B) recommend measures to promote the transition by the Federal 

9 Government, as expeditiously as possible, to the use of safe substitutes; 

10 (3) specify initiatives, including appropriate intergovernmental, inter11 national, and commercial information and technology transfers, to pro12 mote the development and use of safe substitutes for class I substances 

13 and class II substances, including alternative chemicals, product sub14 stitutes, and alternative manufacturing processes; and 

15 (4) maintain a public clearinghouse of alternative chemicals, product 

16 substitutes, and alternative manufacturing processes that are available 

17 for products and manufacturing processes that use class I substances 

18 and class II substances. 

19 (c) ALTERNATIVES FOR CLASS I SUBSTANCES OR CLASS II SUB20 STANCES.— 

21 (1) IN GENERAL.—The Administrator shall promulgate regulations 

22 under this section providing that it shall be unlawful to replace any 

23 class I substance or class II substance with any substitute substance 

24 that the Administrator determines may present adverse effects on 

25 human health or the environment, where the Administrator has identi26 fied an alternative to the replacement that— 

27 (A) reduces the overall risk to human health and the environ28 ment; and 

29 (B) is currently or potentially available. 

30 (2) LISTS.—The Administrator shall publish lists of— 

31 (A) the substitutes prohibited under this subsection for specific 

32 uses; and 

33 (B) the safe alternatives identified under this subsection for 

34 specific uses. 

35 (d) PETITIONS.— 

36 (1) IN GENERAL.—Any person may petition the Administrator to 

37 add a substance to the lists under subsection (c) or to remove a sub38 stance from either list. The Administrator shall grant or deny the peti39 tion within 90 days after receipt of the petition. If the Administrator 

40 denies the petition, the Administrator shall publish an explanation of 

41 why the petition was denied. If the Administrator grants the petition, 


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1 the Administrator shall publish a revised list within 6 months there2 after. 

3 (2) SHOWING.—Any petition under this subsection shall include a 

4 showing by the petitioner that there are data on the substance ade5 quate to support the petition. 

6 (3) FURTHER INFORMATION.—If the Administrator determines that 

7 information on the substance is not sufficient to make a determination 

8 under paragraph (1), the Administrator shall use any authority avail9 able to the Administrator under any law administered by the Adminis10 trator to acquire the information. 

11 (e) STUDIES AND NOTIFICATION.— 

12 (1) IN GENERAL.—The Administrator shall— 

13 (A) require any person that produces a chemical substitute for 

14 a class I substance to provide the Administrator with the person’s 

15 unpublished health and safety studies on the substitute; and 

16 (B) require producers to notify the Administrator not less than 

17 90 days before new or existing chemicals are introduced into inter18 state commerce for significant new uses as substitutes for a class 

19 I substance. 

20 (2) PUBLIC AVAILABILITY OF RECORDS, REPORTS, AND INFORMA21 TION.—This subsection shall be subject to section 211114(c) of this 

22 title. 

23 § 237113. Federal procurement 

24 (a) REGULATIONS.—The Administrator, in consultation with the Admin25 istrator of General Services and the Secretary of Defense, shall promulgate 

26 regulations requiring each department, agency, and instrumentality of the 

27 United States to— 

28 (1) conform its procurement regulations to the policies and require29 ments of this subdivision; and 

30 (2) maximize the substitution of safe alternatives identified under 

31 section 237112 of this title for class I substances and class II sub32 stances. 

33 (b) CONFORMITY; CERTIFICATION.—Each department, agency, and in34 strumentality of the United States shall— 

35 (1) conform its procurement regulations to the policies and require36 ments of this subdivision; and 

37 (2) certify to the President that its regulations have been modified 

38 in accordance with this section. 

39 § 237114. Relationship to other laws 

40 (a) MONTREAL PROTOCOL.—This subdivision shall be construed, inter41 preted, and applied as a supplement to the terms and conditions of the 


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1 Montreal Protocol, as provided in paragraph 11 of article 2 of the Montreal 

2 Protocol, and shall not be construed, interpreted, or applied to abrogate the 

3 responsibilities or obligations of the United States to implement fully the 

4 provisions of the Montreal Protocol. In the case of conflict between any pro5 vision of this subdivision and any provision of the Montreal Protocol, the 

6 more stringent provision shall govern. Nothing in this subdivision shall be 

7 construed, interpreted, or applied to affect the authority or responsibility of 

8 the Administrator to implement article 4 of the Montreal Protocol with 

9 other appropriate agencies. 

10 (b) TECHNOLOGY EXPORT AND OVERSEAS INVESTMENT.—The President 

11 shall— 

12 (1) prohibit the export of technologies used to produce a class I sub13 stance; 

14 (2) prohibit direct or indirect investments by any person in facilities 

15 designed to produce a class I substance or class II substance in nations 

16 that are not parties to the Montreal Protocol; and 

17 (3) direct that no Federal agency provide bilateral or multilateral 

18 subsidies, aids, credits, guarantees, or insurance programs for the pur19 pose of producing any class I substance. 

20 § 237115. Control of substances, practices, processes, and ac21 tivities that may reasonably be anticipated to af22 fect the stratosphere 

23 If, in the Administrator’s judgment, any substance, practice, process, or 

24 activity may reasonably be anticipated to affect the stratosphere, especially 

25 ozone in the stratosphere, and the effect may reasonably be anticipated to 

26 endanger public health or welfare, the Administrator shall— 

27 (1) promptly promulgate regulations respecting the control of the 

28 substance, practice, process, or activity; and 

29 (2) submit notice of the proposal and promulgation of the regulation 

30 to Congress. 

31 § 237116. Transfers among parties to Montreal Protocol 

32 (a) DEFINITION OF APPLICABLE DOMESTIC LAW.—In this section, the 

33 term ‘‘applicable domestic law’’, with respect to the United States, means 

34 this division. 

35 (b) IN GENERAL.—Consistent with the Montreal Protocol, the United 

36 States may engage in transfers with other parties to the Montreal Protocol 

37 under the following conditions: 

38 (1) TRANSFERS OF PRODUCTION ALLOWANCES.—The United States 

39 may transfer production allowances to another party if, at the time of 

40 the transfer, the Administrator establishes revised production limits for 

41 the United States such that the aggregate national United States proVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00560 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 duction permitted under the revised production limits equals the least 

2 of— 

3 (A) the maximum production level permitted for the substance 

4 or substances concerned in the transfer year under the Montreal 

5 Protocol minus the production allowances transferred; 

6 (B) the maximum production level permitted for the substance 

7 or substances concerned in the transfer year under applicable do8 mestic law minus the production allowances transferred; or 

9 (C) the average of the actual national production level of the 

10 substance or substances concerned for the 3 years prior to the 

11 transfer minus the production allowances transferred. 

12 (2) ACQUISITION OF PRODUCTION ALLOWANCES.—The United States 

13 may acquire production allowances from another party if, at the time 

14 of the transfer, the Administrator finds that the other party has re15 vised its domestic production limits in the same manner as provided 

16 with respect to transfers by the United States in this subsection. 

17 (c) EFFECT OF TRANSFERS ON PRODUCTION LIMITS.—The Adminis18 trator may— 

19 (1) reduce the production limits established under this division as re20 quired as a prerequisite to transfers under subsection (b)(1); or 

21 (2) increase production limits established under this division to re22 flect production allowances acquired under a transfer under subsection 

23 (b)(2). 

24 (d) REGULATIONS.—The Administrator shall promulgate regulations to 

25 implement this section. 

26 § 237117. International cooperation 

27 (a) IN GENERAL.— 

28 (1) IN GENERAL.—The President shall undertake to enter into inter29 national agreements to— 

30 (A) foster cooperative research that complements studies and 

31 research authorized by this subdivision; and 

32 (B) develop standards and regulations that protect the strato33 sphere consistent with regulations applicable within the United 

34 States. 

35 (2) NEGOTIATION OF AGREEMENTS; PROPOSALS.—For the purposes 

36 described in paragraph (1), the President, through the Secretary of 

37 State and the Assistant Secretary of State for Oceans and Inter38 national Environmental and Scientific Affairs, shall— 

39 (A) negotiate multilateral treaties, conventions, resolutions, or 

40 other agreements; 


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1 (B) formulate, present, or support proposals at the United Na2 tions and other appropriate international forums; and 

3 (C) report to Congress periodically on efforts to arrive at such 

4 agreements. 

5 (b) ASSISTANCE TO DEVELOPING COUNTRIES.—The Administrator, in 

6 consultation with the Secretary of State, shall support global participation 

7 in the Montreal Protocol by providing technical and financial assistance to 

8 developing countries that are parties to the Montreal Protocol and operating 

9 under article 5 of the Montreal Protocol. 

10 § 237118. Miscellaneous provisions 

11 (a) RETENTION OF STATE AUTHORITY.—For purposes of section 211116 

12 of this title, requirements concerning the areas addressed by this subdivision 

13 for the protection of the stratosphere against ozone layer depletion shall be 

14 treated as requirements for the control and abatement of air pollution. 

15 (b) CONTROL OF POLLUTION FROM FEDERAL FACILITIES.—For pur16 poses of section 211118 of this title, the requirements of this subdivision 

17 and corresponding State, interstate, and local requirements, administrative 

18 authority, process, and sanctions respecting the protection of the strato19 spheric ozone layer shall be treated as requirements for the control and 

20 abatement of air pollution within the meaning of section 211118 of this 

21 title. 

22 Divisions B through Y—Reserved 

23 Division Z—Miscellaneous 

24 Chapter 299—Miscellaneous 

Sec. 

299101. Provision enacted by the Clean Air Act Amendments of 1977. 

299102. Provision enacted by the Energy Security Act. 

299103. Provisions enacted by Public Law 101–549 (commonly known as the Clean Air Act 

Amendments of 1990). 

299104. Provision enacted by the National Highway System Designation Act of 1995. 

299105. Provision enacted by the Transportation Equity Act for the 21st Century. 

299106. Provision enacted by the Departments of Veterans Affairs and Housing and Urban 

Development, and Independent Agencies Appropriations Act, 2004. 

299107. Provisions enacted by the Energy Policy Act of 2005. 

25 § 299101. Provision enacted by the Clean Air Act Amend26 ments of 1977 

27 The Administrator shall undertake to enter into appropriate arrange28 ments with the National Academy of Sciences to conduct continuing com29 prehensive studies and investigations of the effects on public health and wel30 fare of emissions subject to section 221102(a) of this title and the techno31 logical feasibility of meeting emission standards required to be prescribed 

32 by the Administrator by section 221102(b) of this title. 

33 § 299102. Provision enacted by the Energy Security Act 

34 (a) CARBON DIOXIDE STUDY.— 


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1 (1) AGREEMENT.—The Director of the Office of Science and Tech2 nology Policy (referred to in this section as the ‘‘Director’’) shall enter 

3 into an agreement with the National Academy of Sciences (referred to 

4 in this section as the ‘‘Academy’’) to carry out a comprehensive study 

5 of the projected impacts, on the level of carbon dioxide in the atmos6 phere, of— 

7 (A) fossil fuel combustion; 

8 (B) coal-conversion and related synthetic fuels activities author9 ized by the Energy Security Act (94 Stat. 611); and 

10 (C) other sources. 

11 (2) ASSESSMENT.—The study should include an assessment of the 

12 economic, physical, climatic, and social effects of the impacts described 

13 in paragraph (1). 

14 (3) INTERNATIONAL WORLDWIDE ASSESSMENT.—In conducting the 

15 study, the Director and the Academy are encouraged to work with do16 mestic and foreign governmental and nongovernmental entities and 

17 international entities to— 

18 (A) develop an international, worldwide assessment of the prob19 lems involved; and 

20 (B) suggest such original research on any aspect of those prob21 lems as the Academy considers necessary. 

22 (b) REPORT.— 

23 (1) IN GENERAL.—The Director and the Academy shall submit to 

24 Congress a report that includes the major findings and recommenda25 tions resulting from the study required under this section. 

26 (2) ACADEMY CONTRIBUTION.—The Academy’s contribution to the 

27 report shall not be subject to any prior clearance or review, nor shall 

28 any prior clearance or conditions be imposed on the Academy as part 

29 of the agreement made by the Director with the Academy under this 

30 section. 

31 (3) CONTENTS.—The report shall in any event include recommenda32 tions regarding— 

33 (A) how a long-term program of domestic and international re34 search, monitoring, modeling, and assessment of the causes and 

35 effects of varying levels of atmospheric carbon dioxide should be 

36 structured, including comments by the Director on the interagency 

37 requirements of such a program and comments by the Secretary 

38 of State on the international agreements required to carry out 

39 such a program; 

40 (B) how the United States can best play a role in the develop41 ment of such a long-term program on an international basis; 


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1 (C) what domestic resources should be made available to such 

2 a program; 

3 (D) how the ongoing United States Government carbon dioxide 

4 assessment program should be modified to be of increased utility 

5 in providing information and recommendations of the highest pos6 sible value to government policymakers; and 

7 (E) the need for periodic reports to Congress in conjunction 

8 with any long-term program that the Director and the Academy 

9 may recommend under this section. 

10 (c) INFORMATION.—The Secretary of Energy, the Secretary of Com11 merce, the Administrator, and the Director of the National Science Founda12 tion shall furnish to the Director or the Academy on request any informa13 tion that the Director or the Academy determines to be necessary for pur14 poses of conducting the study required by this section. 

15 (d) SEPARATE ASSESSMENT OF INTERAGENCY IMPLEMENTATION RE16 QUIREMENTS.—The Director shall provide a separate assessment of the 

17 interagency requirements to implement a comprehensive program of the 

18 type described in subsection (b)(3). 

19 (e) AUTHORIZATION OF APPROPRIATIONS.— 

20 (1) IN GENERAL.—For the expenses of carrying out the carbon diox21 ide study authorized by this section (as determined by the Office), 

22 there are authorized to be appropriated such sums as are necessary, 

23 not exceeding $3,000,000 in the aggregate. 

24 (2) PROVISION OF AMOUNTS TO THE ACADEMY.—At least 80 percent 

25 of any amounts appropriated pursuant to paragraph (1) shall be pro26 vided to the Academy. 

27 § 299103. Provisions enacted by Public Law 101–549 (com28 monly known as the Clean Air Act Amendments of 

29 1990) 

30 (a) STATE STANDARDS FOR EMISSION OF NITROGEN OXIDES FROM

31 UNINSTALLED AIRCRAFT ENGINE TEST CELLS.— 

32 (1) STUDY.—The Administrator and the Secretary of Transpor33 tation, in consultation with the Secretary of Defense, shall commence 

34 a study and investigation of the testing of uninstalled aircraft engines 

35 in enclosed test cells that addresses at a minimum the following issues 

36 and such other issues as the Administrator and the Secretary of Trans37 portation, in consultation with the Secretary of Defense, consider ap38 propriate: 

39 (A) Whether technologies exist to control some or all emissions 

40 of nitrogen oxides from test cells. 

41 (B) The effectiveness of such technologies. 


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1 (C) The cost of implementing such technologies. 

2 (D) Whether such technologies affect the safety, design, struc3 ture, operation, or performance of aircraft engines. 

4 (E) Whether such technologies impair the effectiveness and ac5 curacy of aircraft engine safety design, and performance tests con6 ducted in test cells. 

7 (F) The impact of not controlling nitrogen oxides from test cells 

8 in the applicable nonattainment areas and on other sources, sta9 tionary and mobile, on nitrogen oxides in the applicable nonattain10 ment areas. 

11 (2) REPORT.—The Administrator and the Secretary of Transpor12 tation shall submit to Congress a report of the study conducted under 

13 this subsection. 

14 (3) AUTHORITY TO REGULATE.—After completion of the study under 

15 paragraph (1), a State may adopt and enforce any standard for emis16 sion of nitrogen oxides from test cells only after issuing a public notice 

17 stating whether the standard is in accordance with the findings of the 

18 study. 

19 (b) REVIEW OF ACID GAS SCRUBBING REQUIREMENTS.—Prior to the 

20 promulgation of any performance standard for solid waste incineration units 

21 combusting municipal waste under section 211111 or 211128 of this title, 

22 the Administrator shall review the availability of acid gas scrubbers as a 

23 pollution control technology for small new units and for existing units (as 

24 defined in 54 Fed. Reg. 52190 (December 20, 1989)), taking into account 

25 section 211128(b)(2) of this title. 

26 (c) NATIONAL ACID LAKES REGISTRY.—The Administrator shall publish 

27 a national acid lakes registry that shall list, to the extent practical, all lakes 

28 that are known to be acidified due to acid deposition. Lakes shall be added 

29 to the registry as they become acidic or as data become available to show 

30 they are acidic. Lakes shall be deleted from the registry as they become 

31 nonacidic. 

32 (d) INDUSTRIAL SULFUR DIOXIDE EMISSIONS.— 

33 (1) REPORT.— 

34 (A) IN GENERAL.—Every 5 years, the Administrator shall sub35 mit to Congress a report that contains— 

36 (i) an inventory of national annual sulfur dioxide emissions 

37 from industrial sources (as defined in subdivision 5 of division 

38 A), including units subject to section 233105(g)(6) of this 

39 title, for all years for which data are available, and a forecast 

40 of the likely trend in sulfur dioxide emissions over the fol41 lowing 20-year period; and 


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1 (ii) estimates of the actual emission reduction in each year 

2 resulting from promulgation of diesel fuel desulfurization reg3 ulations. 

4 (B) CESSATION OF EFFECTIVENESS.—On May 15, 2000, sub5 paragraph (A) ceases to be effective with respect to the require6 ment to submit a report to Congress. 

7 (2) 5.60 MILLION TON CAP.— 

8 (A) IN GENERAL.—When the inventory required by this sub9 section indicates that sulfur dioxide emissions from industrial 

10 sources, including units subject to section 233105(g)(5) of this 

11 title, may reasonably be expected to reach levels greater than 5.60 

12 million tons per year, the Administrator shall take such actions 

13 under division A as may be appropriate to ensure that sulfur diox14 ide emissions do not exceed 5.60 million tons per year. 

15 (B) ACTIONS.—Those actions may include— 

16 (i) the promulgation of new and revised standards of per17 formance for new sources, including units subject to section 

18 233105(g)(5) of this title, under section 211111(b) of this 

19 title; and 

20 (ii) promulgation of standards of performance for existing 

21 sources, including units subject to section 233105(g)(5) of 

22 this title, under authority of this subsection. 

23 (C) STANDARD OF PERFORMANCE.—With respect to an existing 

24 source regulated under this subsection, the term ‘‘standard of per25 formance’’ means a standard that the Administrator determines is 

26 applicable to that source and that reflects the degree of emission 

27 reduction achievable through the application of the best system of 

28 continuous emission reduction that, taking into consideration the 

29 cost of achieving that degree of emission reduction and any nonair 

30 quality health and environmental impact and energy requirements, 

31 the Administrator determines has been adequately demonstrated 

32 for that category of sources. 

33 (3) ELECTION TO BECOME AFFECTED UNIT.—Regulations promul34 gated under section 233105(b) of this title shall not prohibit a source 

35 from electing to become an affected unit under section 233109 of this 

36 title. 

37 (e) IMPACT ON SMALL COMMUNITIES.—Before implementing a provision 

38 of this section or Public Law 101–549 (commonly known as the Clean Air 

39 Act Amendments of 1990) (104 Stat. 2399), the Administrator shall consult 

40 with the EPA regional small communities coordinators to determine the imVerDate Sep 11 2014 03:35 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6221 E:\BILLS\H2834.IH H2834

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1 pact of the provision on small communities, including the estimated cost of 

2 compliance with the provision. 

3 (f) INFORMATION GATHERING ON GREENHOUSE GASES CONTRIBUTING

4 TO GLOBAL CLIMATE CHANGE.— 

5 (1) MONITORING.—The Administrator shall promulgate regulations 

6 to require that all affected sources subject to subdivision 5 of division 

7 A shall monitor carbon dioxide emissions. The regulations shall require 

8 that the data be reported to the Administrator. Subsection (d) of sec9 tion 233111 of this title shall apply for purposes of this subsection in 

10 the same manner and to the same extent as that subsection applies to 

11 the monitoring and data described in section 233111 of this title. 

12 (2) PUBLIC AVAILABILITY OF CARBON CIOXIDE INFORMATION.—For 

13 each unit required to monitor and provide carbon dioxide data under 

14 paragraph (1), the Administrator shall— 

15 (A) compute the unit’s aggregate annual total carbon dioxide 

16 emissions; 

17 (B) incorporate the data into a computer database; and 

18 (C) make the aggregate annual data available to the public. 

19 (g) WESTERN STATES ACID DEPOSITION RESEARCH.— 

20 (1) MONITORING AND RESEARCH.—The Administrator shall sponsor 

21 monitoring and research and submit to Congress annual and periodic 

22 assessment reports on— 

23 (A) the occurrence and effects of acid deposition on surface 

24 water located in the part of the United States west of the Mis25 sissippi River; 

26 (B) the occurrence and effects of acid deposition on high ele27 vation ecosystems (including forests and surface water); and 

28 (C) the occurrence and effects of episodic acidification, particu29 larly with respect to high elevation watersheds. 

30 (2) ANALYSIS OF DATA.—The Administrator shall analyze data gen31 erated from the studies conducted under paragraph (1), data from the 

32 Western Lakes Survey, and other appropriate research and utilize pre33 dictive modeling techniques that take into account the unique geo34 graphic, climatological, and atmospheric conditions that exist in the 

35 western United States to determine the potential occurrence and effects 

36 of acid deposition due to any projected increases in the emission of sul37 fur dioxide and nitrogen oxides in the part of the United States located 

38 west of the Mississippi River. The Administrator shall include the re39 sults of the project conducted under this paragraph in the reports sub40 mitted to Congress under paragraph (1). 

41 (h) DISADVANTAGED BUSINESS CONCERNS.— 


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1 (1) DEFINITION OF DISADVANTAGED BUSINESS CONCERN.— 

2 (A) IN GENERAL.—In this subsection, the term ‘‘disadvantaged 

3 business concern’’ means a concern— 

4 (i)(I) that is at least 51 percent owned by 1 or more so5 cially and economically disadvantaged individuals; or 

6 (II) in the case of a publicly traded company, at least 51 

7 percent of the stock of which is owned by 1 or more socially 

8 and economically disadvantaged individuals; and 

9 (ii) the management and daily business operations of which 

10 are controlled by socially and economically disadvantaged in11 dividuals. 

12 (B) FOR-PROFIT BUSINESS CONCERNS.— 

13 (i) PRESUMPTION.—A for-profit business concern is pre14 sumed to be a disadvantaged business concern for purposes 

15 of this subsection if it is at least 51 percent owned by, or in 

16 the case of a concern that is a publicly traded company at 

17 least 51 percent of the stock of the company is owned by, 1 

18 or more individuals who are members of the following groups: 

19 (I) Black Americans. 

20 (II) Hispanic Americans. 

21 (III) Native Americans. 

22 (IV) Asian Americans. 

23 (V) Women. 

24 (VI) Disabled Americans. 

25 (ii) REBUTTAL.—The presumption established by clause (i) 

26 may be rebutted with respect to a particular business concern 

27 if it is reasonably established that the individual or individ28 uals described in that clause with respect to that business 

29 concern are not experiencing impediments to establishing or 

30 developing the concern as a result of the individual’s identi31 fication as a member of a group described in that clause. 

32 (C) CERTAIN INSTITUTIONS.—The following institutions are 

33 presumed to be disadvantaged business concerns for purposes of 

34 this subsection: 

35 (i) Historically black colleges and universities, and colleges 

36 and universities having a student body in which 40 percent 

37 of the students are Hispanic. 

38 (ii) Minority institutions (as defined by the Secretary of 

39 Education pursuant to the General Education Provisions Act 

40 (20 U.S.C. 1221 et seq.)). 


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1 (iii) Private and voluntary organizations controlled by indi2 viduals who are socially and economically disadvantaged. 

3 (D) JOINT VENTURES.— 

4 (i) IN GENERAL.—A joint venture may be considered to be 

5 a disadvantaged business concern under this subsection, not6 withstanding the size of the joint venture, if— 

7 (I) a party to the joint venture is a disadvantaged 

8 business concern; and 

9 (II) that party owns at least 51 percent of the joint 

10 venture. 

11 (ii) LIMITATION.—A person who is not an economically dis12 advantaged individual or a disadvantaged business concern, 

13 as a party to a joint venture, may not be a party to more 

14 than 2 awarded contracts in a fiscal year solely by reason of 

15 this subparagraph. 

16 (E) EFFECT OF PARAGRAPH.—Nothing in this paragraph pro17 hibits any member of a racial or ethnic group not described in 

18 subparagraph (B)(i) from establishing that the member has been 

19 impeded in establishing or developing a business concern as a re20 sult of racial or ethnic discrimination. 

21 (2) IN GENERAL.—In providing for any research relating to the re22 quirements of the amendments made by Public Law 101–549 (com23 monly known as the Clean Air Act Amendments of 1990) (104 Stat. 

24 2399) that uses EPA funds, the Administrator shall, to the extent 

25 practicable, require that not less than 10 percent of total Federal fund26 ing for the research will be made available to disadvantaged business 

27 concerns. 

28 (3) PROHIBITION OF USE OF QUOTAS.—Nothing in this subsection 

29 permits or requires the use of quotas or a requirement that has the 

30 effect of a quota in determining eligibility under this subsection. 

31 § 299104. Provision enacted by the National Highway Sys32 tem Designation Act of 1995 

33 (a) IN GENERAL.—The Administrator shall not require adoption or im34 plementation by a State of a test-only I/M240 enhanced vehicle inspection 

35 and maintenance program as a means of compliance with section 215203 

36 or 215303 of this title, but the Administrator may approve such a program 

37 if a State chooses to adopt the program as a means of compliance with ei38 ther section. 

39 (b) LIMITATION ON PLAN DISAPPROVAL.—The Administrator shall not 

40 disapprove or apply an automatic discount to a State implementation plan 

41 provision under section 215203 or 215303 of this title on the basis of a 


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1 policy, regulation, or guidance providing for a discount of emission credits 

2 because the inspection and maintenance program in the plan provision is 

3 decentralized or is a test-and-repair program. 

4 (c) EMISSION REDUCTION CREDITS.— 

5 (1) STATE PLAN PROVISION.—Not later than 120 days after Novem6 ber 28, 1995, a State may submit an implementation plan provision 

7 proposing an interim inspection and maintenance program under sec8 tion 215203 or 215303 of this title. The Administrator shall approve 

9 the program based on the full amount of credits proposed by the State 

10 for each element of the program if the proposed credits reflected good 

11 faith estimates by the State and the provision was otherwise in compli12 ance with division A. If, within the 120-day period, the State submits 

13 to the Administrator proposed provisions of the implementation plan, 

14 has all of the statutory authority necessary to implement the provi15 sions, and has proposed a regulation to adopt the provisions, the Ad16 ministrator may approve the provisions without regard to whether or 

17 not the regulation had been issued as a final regulation by the State. 

18 (2) EXPIRATION OF INTERIM APPROVAL.— 

19 (A) IN GENERAL.—An interim approval under paragraph (1) 

20 shall expire on the earlier of— 

21 (i) the last day of the 18-month period beginning on the 

22 date of the interim approval; or 

23 (ii) the date of final approval. 

24 (B) NO EXTENSION.—An interim approval may not be ex25 tended. 

26 (3) FINAL APPROVAL.—The Administrator shall grant final approval 

27 of a provision submitted under paragraph (1) based on the credits pro28 posed by the State during or after the period of interim approval if 

29 data collected on the operation of the State program demonstrates that 

30 the credits were appropriate and the provision is otherwise in compli31 ance with division A. 

32 (4) BASIS OF APPROVAL; NO AUTOMATIC DISCOUNT.—Any deter33 mination with respect to interim or full approval shall be based on the 

34 elements of the program and shall not apply any automatic discount 

35 because the program is decentralized or is a test-and-repair program. 

36 § 299105. Provision enacted by the Transportation Equity 

37 Act for the 21st Century 

38 (a) GRANTS.—Through grants under section 211103 of this title, the Ad39 ministrator shall use appropriated funds not later than fiscal year 2000 to 

40 fund 100 percent of the cost of the establishment, purchase, operation, and 

41 maintenance of a PM2.5 monitoring network necessary to implement the 


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1 NAAQSes for PM2.5 under section 211109 of this title. Implementation 

2 shall not result in a diversion or reprogramming of funds from other Fed3 eral, State, or local Clean Air Act activities. 

4 (b) ESTABLISHMENT OF NETWORK.—EPA and the States, consistent 

5 with their respective authorities under division A, shall ensure that the na6 tional network (designated in subsection (a)), which consists of the PM2.5

7 monitors necessary to implement the NAAQSes, is established. 

8 § 299106. Provision enacted by the Departments of Veterans 

9 Affairs and Housing and Urban Development, and 

10 Independent Agencies Appropriations Act, 2004 

11 (a) CONSIDERATION OF SAFETY FACTORS.—In considering any request 

12 from California to authorize California to adopt or enforce standards of 

13 other requirements relating to the control of emissions from new nonroad 

14 spark-ignition engines smaller than 50 horsepower, the Administrator shall 

15 give appropriate consideration to safety factors (including the potential in16 creased risk of burn or fire) associated with compliance with the California 

17 standard. 

18 (b) REGULATION.—The Administrator shall promulgate regulations under 

19 division A that contain standards to reduce emissions from new nonroad 

20 spark-ignition engines smaller than 50 horsepower. 

21 (c) PREEMPTION.— 

22 (1) PROHIBITION.—No State or any political subdivision thereof may 

23 adopt or attempt to enforce any standard or other requirement applica24 ble to spark-ignition engines smaller than 50 horsepower. 

25 (2) EXCEPTION FOR CALIFORNIA.—The prohibition under paragraph 

26 (1) does not apply to or restrict the authority granted to California 

27 under section 221109(e) of this title. 

28 (3) EXCEPTION FOR OTHER STATES.—The prohibition under para29 graph (1) does not apply to or restrict the authority of any State under 

30 section 221109(e)(2)(B) of this title to enforce standards or other re31 quirements that were adopted by that State before September 1, 2003. 

32 § 299107. Provisions enacted by the Energy Policy Act of 

33 2005 

34 (a) SURVEY OF RENEWABLE FUEL MARKET.— 

35 (1) SURVEY AND REPORT.—The Administrator, in consultation with 

36 the Secretary of Energy acting through the Administrator of the En37 ergy Information Administration, shall annually— 

38 (A) conduct, with respect to each conventional gasoline use area 

39 and each reformulated gasoline use area in each State, a survey 

40 to determine the market shares of— 

41 (i) conventional gasoline containing ethanol; 


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1 (ii) reformulated gasoline containing ethanol; 

2 (iii) conventional gasoline containing renewable fuel; and 

3 (iv) reformulated gasoline containing renewable fuel; and 

4 (B) submit to Congress, and make publicly available, a report 

5 on the results of the survey under subparagraph (A). 

6 (2) RECORDKEEPING AND REPORTING REQUIREMENTS.—The Ad7 ministrator may require any refiner, blender, or importer to keep such 

8 records and make such reports as are necessary to ensure that the sur9 vey conducted under paragraph (1) is accurate. The Administrator, to 

10 avoid duplicative requirements, shall rely, to the extent practicable, on 

11 existing reporting and recordkeeping requirements and other informa12 tion available to the Administrator including gasoline distribution pat13 terns that include multistate use areas. 

14 (3) APPLICABLE LAW.—Activities carried out under this subsection 

15 shall be conducted in a manner designed to protect confidentiality of 

16 individual responses. 

17 (b) MTBE CONTAMINATION CLAIMS FILED AFTER AUGUST 8, 2005.— 

18 Claims and legal actions filed after August 8, 2005, related to allegations 

19 involving actual or threatened contamination of methyl tertiary butyl ether 

20 may be removed to the appropriate United States district court. 

21 (b) TITLE 18.— 

22 (1) IN GENERAL.—Part I of title 18, United States Code, is amend23 ed by inserting after chapter 33 the following: 

24 ‘‘CHAPTER 34—ENVIRONMENT 

‘‘Sec. 

‘‘731. General provisions (subtitle I of title 55). 

‘‘732. Air (subtitle II of title 55). 

25 ‘‘§ 731. General provisions (subtitle I of title 55) 

26 ‘‘An officer or employee of the Environmental Protection Agency who is 

27 subject to, and knowingly violates, section 109104 of title 55 shall be im28 prisoned not more than 1 year, fined under this title, or both. 

29 ‘‘§ 732. Air (subtitle II of title 55) 

30 ‘‘(a) OFFENSES UNDER SUBTITLE II OF TITLE 55 GENERALLY.— 

31 ‘‘(1) DEFINITIONS.—In this subsection: 

32 ‘‘(A) AIR POLLUTANT.—The term ‘air pollutant’ has the mean33 ing given the term in section 201101 of title 55. 

34 ‘‘(B) APPLICABLE IMPLEMENTATION PLAN.—The term ‘applica35 ble implementation plan’ has the meaning given the term in sec36 tion 201101 of title 55. 

37 ‘‘(C) ORGANIZATION.— 


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1 ‘‘(i) IN GENERAL.—The term ‘organization’ means a legal 

2 entity, other than a government, established or organized for 

3 any purpose. 

4 ‘‘(ii) INCLUSIONS.—The term ‘organization’ includes a cor5 poration, company, association, firm, partnership, joint stock 

6 company, foundation, institution, trust, society, union, or any 

7 other association of persons. 

8 ‘‘(D) PERIOD OF FEDERALLY ASSUMED ENFORCEMENT.—The 

9 term ‘period of federally assumed enforcement’ has the meaning 

10 given the term in section 211113(a) of title 55. 

11 ‘‘(E) PERSON.— 

12 ‘‘(i) IN GENERAL.—The term ‘person’ includes, in addition 

13 to the entities described in section 201101(19) of title 55, any 

14 responsible corporate officer. 

15 ‘‘(ii) FOR PURPOSES OF PARAGRAPHS (2), (3), (4), AND

16 (6).—Except in the case of knowing and willful violations, for 

17 purposes of paragraphs (2), (3), (4), and (6), the term ‘per18 son’ does not include an employee who is carrying out the 

19 normal activities of the employee and who is acting under or20 ders from the employer of the employee. 

21 ‘‘(iii) FOR PURPOSES OF PARAGRAPH (5).—Except in the 

22 case of knowing and willful violations, for purposes of para23 graph (5), the term ‘person’ does not include an employee 

24 who is carrying out the normal activities of the employee and 

25 who is not a part of senior management personnel or a cor26 porate officer. 

27 ‘‘(F) SERIOUS BODILY INJURY.—The term ‘serious bodily in28 jury’ means bodily injury that involves— 

29 ‘‘(i) a substantial risk of death; 

30 ‘‘(ii) unconsciousness; 

31 ‘‘(iii) extreme physical pain; 

32 ‘‘(iv) protracted and obvious disfigurement; or 

33 ‘‘(v) protracted loss or impairment of the function of a bod34 ily member, organ, or mental faculty. 

35 ‘‘(2) OFFENSES.— 

36 ‘‘(A) IN GENERAL.—A person that knowingly violates— 

37 ‘‘(i) a requirement or prohibition of an applicable imple38 mentation plan— 

39 ‘‘(I) during any period of federally assumed enforce40 ment; or 


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1 ‘‘(II) more than 30 days after having been notified by 

2 the Administrator under section 211113(b)(1) of title 55 

3 that the person is violating the requirement or prohibi4 tion; 

5 ‘‘(ii)(I) section 203103, 211111(j), 211112, 211113(b)(1), 

6 211114, 211128, 213107(a), 213109, 235102(a), or 

7 235103(c) of title 55; or 

8 ‘‘(II) subdivision 5 or 7 of division A of subtitle II of title 

9 55; 

10 ‘‘(iii) a requirement of a regulation, order, waiver, or per11 mit promulgated or approved under a section or subdivision 

12 specified in clause (ii); or 

13 ‘‘(iv) a requirement for the payment of a fee owed the 

14 United States under division A of subtitle II of title 55 (other 

15 than subdivision 3); 

16 shall be imprisoned not more than 5 years, fined under this title, 

17 or both. 

18 ‘‘(B) DOUBLING OF MAXIMUM PENALTY FOR REPEAT OFFEND19 ERS.—If a conviction of any person under this paragraph is for 

20 a violation committed after a 1st conviction of the person under 

21 this paragraph, the maximum penalty shall be doubled with re22 spect to both the imprisonment and the fine. 

23 ‘‘(3) NOTICES, APPLICATIONS, RECORDS, REPORTS, PLANS, OR

24 OTHER DOCUMENTS; REQUIRED NOTIFICATIONS AND REPORTS; RE25 QUIRED MONITORING DEVICES AND METHOD.— 

26 ‘‘(A) IN GENERAL.—Any person that knowingly— 

27 ‘‘(i) makes any false material statement, representation, or 

28 certification in, or omits material information from, or alters, 

29 conceals, or fails to file or maintain any notice, application, 

30 record, report, plan, or other document required pursuant to 

31 division A of subtitle II of title 55 to be filed or maintained 

32 (whether with respect to the requirements imposed by the Ad33 ministrator or with respect to the requirements imposed by a 

34 State); 

35 ‘‘(ii) fails to notify or report as required under division A 

36 of subtitle II of title 55; or 

37 ‘‘(iii) falsifies, tampers with, renders inaccurate, or fails to 

38 install any monitoring device or method required to be main39 tained or followed under division A of subtitle II of title 55; 

40 shall be imprisoned not more than 2 years, fined under this title, 

41 or both. 


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1 ‘‘(B) DOUBLING OF MAXIMUM PENALTY.—If a conviction of any 

2 person under this paragraph is for a violation committed after a 

3 1st conviction of the person under this paragraph, the maximum 

4 penalty shall be doubled with respect to both the imprisonment 

5 and the fine. 

6 ‘‘(4) FEES.— 

7 ‘‘(A) IN GENERAL.—Any person that knowingly fails to pay any 

8 fee owed the United States under subdivision 1, 2, 5, 6, or 7 of 

9 division A of subtitle II of title 55 shall be imprisoned not more 

10 than 1 year, fined under this title, or both. 

11 ‘‘(B) DOUBLING OF MAXIMUM PENALTY FOR REPEAT OFFEND12 ERS.—If a conviction of any person under this paragraph is for 

13 a violation committed after a 1st conviction of the person under 

14 this paragraph, the maximum penalty shall be doubled with re15 spect to both the imprisonment and the fine. 

16 ‘‘(5) NEGLIGENT RELEASE.— 

17 ‘‘(A) IN GENERAL.—Any person that— 

18 ‘‘(i) negligently releases into the ambient air any hazardous 

19 air pollutant listed pursuant to section 211112 of title 55 or 

20 any extremely hazardous substance listed pursuant to section 

21 302(a)(2) of the Emergency Planning and Community Right22 To-Know Act of 1986 (42 U.S.C. 11002(a)(2)) that is not 

23 listed in section 211112 of title 55; and 

24 ‘‘(ii) at the time negligently places another person in immi25 nent danger of death or serious bodily injury; 

26 shall be imprisoned not more than 1 year, fined under this title, 

27 or both. 

28 ‘‘(B) DOUBLING OF MAXIMUM PENALTY FOR REPEAT OFFEND29 ERS.—If a conviction of any person under this paragraph is for 

30 a violation committed after a 1st conviction of the person under 

31 this paragraph, the maximum penalty shall be doubled with re32 spect to both the imprisonment and the fine. 

33 ‘‘(C) RELEASE IN ACCORDANCE WITH STANDARD OR PERMIT.— 

34 For any air pollutant for which the Administrator has set an emis35 sion standard or for any source for which a permit has been issued 

36 under subdivision 6 of division A of subtitle II of title 55, a release 

37 of the pollutant in accordance with that standard or permit shall 

38 not constitute a violation of this paragraph. 

39 ‘‘(6) KNOWING RELEASE.— 

40 ‘‘(A) IN GENERAL.—Any person that— 


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1 ‘‘(i) knowingly releases into the ambient air any hazardous 

2 air pollutant listed pursuant to section 211112 of title 55 or 

3 any extremely hazardous substance listed pursuant to section 

4 302(a)(2) of the Emergency Planning and Community Right5 To-Know Act of 1986 (42 U.S.C. 11002(a)(2)) that is not 

6 listed in section 211112 of title 55; and 

7 ‘‘(ii) knows at the time that the person thereby places an8 other person in imminent danger of death or serious bodily 

9 injury; 

10 shall be imprisoned not more than 15 years, fined under this title, 

11 or both. 

12 ‘‘(B) ORGANIZATIONS.—Any organization that commits a viola13 tion under subparagraph (A) shall be subject to a fine of not more 

14 than $1,000,000 for each violation. 

15 ‘‘(C) DOUBLING OF MAXIMUM PENALTY.—If a conviction of any 

16 person under this paragraph is for a violation committed after a 

17 1st conviction of the person under this paragraph, the maximum 

18 penalty shall be doubled with respect to both the imprisonment 

19 and the fine. 

20 ‘‘(D) RELEASE IN ACCORDANCE WITH STANDARD OR PERMIT.— 

21 For any air pollutant for which the Administrator has set an emis22 sion standard or for any source for which a permit has been issued 

23 under subdivision 6 of division A of subtitle II of title 55, a release 

24 of the pollutant in accordance with that standard or permit shall 

25 not constitute a violation of this paragraph. 

26 ‘‘(E) KNOWLEDGE.— 

27 ‘‘(i) IN GENERAL.—Except as provided in clause (ii), in de28 termining whether a defendant that is an individual knew 

29 that the violation placed another person in imminent danger 

30 of death or serious bodily injury— 

31 ‘‘(I) the defendant is responsible only for actual 

32 awareness or actual belief possessed; and 

33 ‘‘(II) knowledge possessed by a person other than the 

34 defendant, but not by the defendant, may not be attrib35 uted to the defendant. 

36 ‘‘(ii) CIRCUMSTANTIAL EVIDENCE.—In proving a defend37 ant’s possession of actual knowledge, circumstantial evidence 

38 may be used, including evidence that the defendant took af39 firmative steps to be shielded from relevant information. 

40 ‘‘(F) AFFIRMATIVE DEFENSE.— 


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1 ‘‘(i) IN GENERAL.—It is an affirmative defense to a pros2 ecution under this paragraph that— 

3 ‘‘(I) the conduct charged was freely consented to by 

4 the person endangered; 

5 ‘‘(II) the danger and conduct charged were reasonably 

6 foreseeable hazards of— 

7 ‘‘(aa) an occupation, a business, or a profession; 

8 or 

9 ‘‘(bb) medical treatment or medical or scientific 

10 experimentation conducted by professionally ap11 proved methods; and 

12 ‘‘(III) the person endangered had been made aware of 

13 the risks involved prior to giving consent. 

14 ‘‘(ii) PREPONDERANCE OF THE EVIDENCE.—The defendant 

15 may establish an affirmative defense under this subparagraph 

16 by a preponderance of the evidence. 

17 ‘‘(G) OTHER DEFENSES AND BARS TO PROSECUTION; CONCEPTS

18 OF JUSTIFICATION AND EXCUSE.—All general defenses, affirma19 tive defenses, and bars to prosecution that may apply with respect 

20 to other Federal criminal offenses may apply under subparagraph 

21 (A) and shall be determined by the courts of the United States 

22 according to the principles of common law as they may be inter23 preted in the light of reason and experience. Concepts of justifica24 tion and excuse applicable under this section may be developed in 

25 the light of reason and experience. 

26 ‘‘(b) UNAUTHORIZED DISCLOSURE OF INFORMATION.— 

27 ‘‘(1) DEFINITIONS.—In this subsection: 

28 ‘‘(A) COVERED PERSON.—The term ‘covered person’ has the 

29 meaning given the term in section 211112(q)(7)(D)(i) of title 55. 

30 ‘‘(B) OFF-SITE CONSEQUENCE ANALYSIS INFORMATION.—The 

31 term ‘off-site consequence analysis information’ has the meaning 

32 given the term in section 211112(q)(7)(D)(i) of title 55). 

33 ‘‘(C) STATIONARY SOURCE.—The term ‘stationary source’ has 

34 the meaning given the term in section 211112(q)(1) of title 55. 

35 ‘‘(2) OFFENSE.—Notwithstanding section 211113 of title 55 and 

36 subsection (a) of this section, a covered person that willfully violates 

37 a restriction or prohibition established by subparagraph (D) of section 

38 211112(q)(7) of title 55 (including the regulations promulgated under 

39 clause (ii) of that subparagraph) shall be fined for an infraction under 

40 section 3571 of this title (but shall not be subject to imprisonment) for 

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1 tion, except that section 3571(d) of this title shall not apply to a case 

2 in which the offense results in pecuniary loss unless the defendant 

3 knew that the loss would occur. The disclosure of off-site consequence 

4 analysis information for each specific stationary source shall be consid5 ered a separate offense. The total of all penalties that may be imposed 

6 on a single person or organization under this subsection shall not ex7 ceed $1,000,000 for violations committed during any 1 calendar year.’’. 

8 (2) CONFORMING AMENDMENT.—The table of contents of part I of 

9 title 18, United States Code, is amended by inserting after the item 

10 relating to chapter 33 the following: ‘‘34. Environment ............................................................................................... 731’’. 

11 SEC. 4. CONFORMING AMENDMENTS. 

12 (a) TITLE 16.—The 1st section of the Act of August 1, 1958 (16 U.S.C. 

13 742d–1), is amended by striking ‘‘Secretary of the Interior’’ and inserting 

14 ‘‘Administrator of the Environmental Protection Agency’’. 

15 (b) TITLE 21.— 

16 (1) Section 406 of the Federal Food, Drug, and Cosmetic Act (21 

17 U.S.C. 346) is amended— 

18 (A) by striking ‘‘Any poisonous’’ and inserting ‘‘(a) IN GEN19 ERAL.—Any poisonous’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(b) TOLERANCES FOR PESTICIDE CHEMICALS.— 

22 ‘‘(1) IN GENERAL.—The function of establishing tolerances for pes23 ticide chemicals for purposes of subsection (a) shall be carried out by 

24 the Administrator. 

25 ‘‘(2) AUTHORITY OF THE ADMINISTRATOR.—In carrying out the 

26 function of the Administrator under paragraph (1), the Administrator 

27 has authority to— 

28 ‘‘(A) monitor compliance with the tolerances and the effective29 ness of surveillance and enforcement; and 

30 ‘‘(B) provide technical assistance to the States and conduct re31 search under this Act and the Public Health Service Act (42 

32 U.S.C. 201 et seq.). 

33 ‘‘(3) INCIDENTAL FUNCTIONS.—The function of the Administrator 

34 under paragraph (1) includes such functions as are incidental to or 

35 necessary for the performance by or under the Administrator of the 

36 function described in paragraph (1), including authority provided by 

37 law to prescribe regulations relating primarily to the function.’’. 

38 (2) Section 408 of the Federal Food, Drug, and Cosmetic Act (21 

39 U.S.C. 346a) is amended— 


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•HR 2834 IH 

1 (A) in subsection (p)(2), by striking ‘‘section 8 of the Environ2 mental Research, Development, and Demonstration Act of 1978 

3 (42 U.S.C. 4365),’’ and inserting ‘‘section 109102 of title 55, 

4 United States Code,’’; 

5 (B) by redesignating subsection (s) as subsection (t); and 

6 (C) by inserting after subsection (r) the following: 

7 ‘‘(s) AUTHORITY OF THE ADMINISTRATOR.— 

8 ‘‘(1) IN GENERAL.—In carrying out the function of establishing tol9 erances for pesticide chemicals for purposes of this section, the Admin10 istrator has authority to— 

11 ‘‘(A) monitor compliance with the tolerances and the effective12 ness of surveillance and enforcement; and 

13 ‘‘(B) provide technical assistance to the States and conduct re14 search under this Act and the Public Health Service Act (42 

15 U.S.C. 201 et seq.). 

16 ‘‘(2) INCIDENTAL FUNCTIONS.—The function of the Administrator 

17 described in paragraph (1) includes such functions as are incidental to 

18 or necessary for the performance by or under the Administrator of the 

19 function, including authority provided by law to prescribe regulations 

20 relating primarily to the function.’’. 

21 (c) TITLE 26.—Section 169(d) of the Internal Revenue Code of 1986 (26 

22 U.S.C. 169(d)) is amended— 

23 (1) in paragraph (1)(B), by striking ‘‘the Clean Air Act, as amended 

24 (42 U.S.C. 1857 et seq.);’’ and inserting ‘‘division A of subtitle II of 

25 title 55, United States Code;’’; 

26 (2) in paragraph (2), by striking ‘‘section 302(b) of the Clean Air 

27 Act.’’ and inserting ‘‘section 201101 of title 55, United States Code.’’; 

28 and 

29 (3) in paragraph (3), by striking ‘‘means, in the case of water pollu30 tion, the Secretary of the Interior and, in the case of air pollution, the 

31 Secretary of Health and Human Services’’ and inserting ‘‘means the 

32 Administrator of the Environmental Protection Agency’’. 

33 (d) TITLE 42.—Section 274h of the Atomic Energy Act of 1954 (42 

34 U.S.C. 2021(h)) is amended— 

35 (1) by striking the 1st and 4th sentences; 

36 (2) in the 2d sentence, by striking ‘‘Council’’ and inserting ‘‘Admin37 istrator of the Environmental Protection Agency (referred to in this 

38 subsection as the ‘Administrator’)’’; and 

39 (3) by striking ‘‘Council’’ each place it appears and inserting ‘‘Ad40 ministrator’’. 


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•HR 2834 IH 

1 SEC. 5. TRANSITIONAL AND SAVINGS PROVISIONS. 

2 (a) DEFINITIONS.—In this section: 

3 (1) RESTATED PROVISION.—The term ‘‘restated provision’’ means a 

4 provision of title 18 or 55, United States Code, that is enacted by sec5 tion 3. 

6 (2) SOURCE PROVISION.—The term ‘‘source provision’’ means a pro7 vision of law that is replaced by a restated provision. 

8 (b) CUTOFF DATE.—The restated provisions replace certain provisions of 

9 law enacted on or before March 7, 2015. If a law enacted after that date 

10 amends or repeals a source provision, that law is deemed to amend or re11 peal, as the case may be, the corresponding restated provision. If a law en12 acted after that date is otherwise inconsistent with a restated provision or 

13 a provision of this Act, that law supersedes the restated provision or provi14 sion of this Act to the extent of the inconsistency. 

15 (c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—A restated provision 

16 is deemed to have been enacted on the date of enactment of the cor17 responding source provision. 

18 (d) REFERENCES TO RESTATED PROVISIONS.—A reference to a restated 

19 provision is deemed to refer to the corresponding source provision. 

20 (e) REFERENCES TO SOURCE PROVISIONS.—A reference to a source pro21 vision, including a reference in a regulation, order, or other law, is deemed 

22 to refer to the corresponding restated provision. 

23 (f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.—A 

24 regulation, order, or other administrative action in effect under a source 

25 provision continues in effect under the corresponding restated provision. 

26 (g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken or 

27 an offense committed under a source provision is deemed to have been taken 

28 or committed under the corresponding restated provision. 

29 SEC. 6. REPEALS. 

30 The following provisions of law are repealed, except with respect to rights 

31 and duties that matured, penalties that were incurred, or proceedings that 

32 were begun before the date of enactment of this Act: 

Schedule of Laws Repealed 

Act Section United States Code 

Former Classification 

Clean Air Act (Act of July 14, 1955, ch. 

360) ..................................................... 101 ........................................... 42 U.S.C. 7401.

102 ........................................... 42 U.S.C. 7402.

103 ........................................... 42 U.S.C. 7403.

104 ........................................... 42 U.S.C. 7404.

105 ........................................... 42 U.S.C. 7405.

106 ........................................... 42 U.S.C. 7406.

107 ........................................... 42 U.S.C. 7407.

108 ........................................... 42 U.S.C. 7408.

109 ........................................... 42 U.S.C. 7409.

110 ........................................... 42 U.S.C. 7410.

111 ........................................... 42 U.S.C. 7411.

112 ........................................... 42 U.S.C. 7412.


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Schedule of Laws Repealed—Continued 

Act Section United States Code 

Former Classification 

113 ........................................... 42 U.S.C. 7413.

114 ........................................... 42 U.S.C. 7414.

115 ........................................... 42 U.S.C. 7415.

116 ........................................... 42 U.S.C. 7416.

117 ........................................... 42 U.S.C. 7417.

118 ........................................... 42 U.S.C. 7418.

119 ........................................... 42 U.S.C. 7419.

120 ........................................... 42 U.S.C. 7420.

121 ........................................... 42 U.S.C. 7421.

122 ........................................... 42 U.S.C. 7422.

123 ........................................... 42 U.S.C. 7423.

124 ........................................... 42 U.S.C. 7424.

125 ........................................... 42 U.S.C. 7425.

126 ........................................... 42 U.S.C. 7426.

127 ........................................... 42 U.S.C. 7427.

128 ........................................... 42 U.S.C. 7428.

129 ........................................... 42 U.S.C. 7429.

130 ........................................... 42 U.S.C. 7430.

131 ........................................... 42 U.S.C. 7431.

160 ........................................... 42 U.S.C. 7470.

161 ........................................... 42 U.S.C. 7471.

162 ........................................... 42 U.S.C. 7472.

163 ........................................... 42 U.S.C. 7473.

164 ........................................... 42 U.S.C. 7474.

165 ........................................... 42 U.S.C. 7475.

166 ........................................... 42 U.S.C. 7476.

167 ........................................... 42 U.S.C. 7477.

168 ........................................... 42 U.S.C. 7478.

169 ........................................... 42 U.S.C. 7479.

169A ........................................ 42 U.S.C. 7491.

169B ........................................ 42 U.S.C. 7492.

171 ........................................... 42 U.S.C. 7501.

172 ........................................... 42 U.S.C. 7502.

173 ........................................... 42 U.S.C. 7503.

174 ........................................... 42 U.S.C. 7504.

175 ........................................... 42 U.S.C. 7505.

175A ........................................ 42 U.S.C. 7505a.

176 ........................................... 42 U.S.C. 7506.

176A ........................................ 42 U.S.C. 7506a.

177 ........................................... 42 U.S.C. 7507.

178 ........................................... 42 U.S.C. 7508.

179 ........................................... 42 U.S.C. 7509.

179B ........................................ 42 U.S.C. 7509a.

181 ........................................... 42 U.S.C. 7511.

182 ........................................... 42 U.S.C. 7511a.

183 ........................................... 42 U.S.C. 7511b.

184 ........................................... 42 U.S.C. 7511c.

185 ........................................... 42 U.S.C. 7511d.

185A ........................................ 42 U.S.C. 7511e.

185B ........................................ 42 U.S.C. 7511f.

186 ........................................... 42 U.S.C. 7512.

187 ........................................... 42 U.S.C. 7512a.

188 ........................................... 42 U.S.C. 7513.

189 ........................................... 42 U.S.C. 7513a.

190 ........................................... 42 U.S.C. 7513b.

191 ........................................... 42 U.S.C. 7514.

192 ........................................... 42 U.S.C. 7514a.

193 ........................................... 42 U.S.C. 7515.

202 ........................................... 42 U.S.C. 7521.

203 ........................................... 42 U.S.C. 7522.

204 ........................................... 42 U.S.C. 7523.

205 ........................................... 42 U.S.C. 7524.

206 ........................................... 42 U.S.C. 7525.

207 ........................................... 42 U.S.C. 7541.

208 ........................................... 42 U.S.C. 7542.

209 ........................................... 42 U.S.C. 7543.

210 ........................................... 42 U.S.C. 7544.

211 ........................................... 42 U.S.C. 7545.

212 ........................................... 42 U.S.C. 7546.

213 ........................................... 42 U.S.C. 7547.

214 ........................................... 42 U.S.C. 7548.

215 ........................................... 42 U.S.C. 7549.

216 ........................................... 42 U.S.C. 7550.

217 ........................................... 42 U.S.C. 7552.

218 ........................................... 42 U.S.C. 7553.

219 ........................................... 42 U.S.C. 7554.

231 ........................................... 42 U.S.C. 7571.

232 ........................................... 42 U.S.C. 7572.

233 ........................................... 42 U.S.C. 7573.

234 ........................................... 42 U.S.C. 7574.

241 ........................................... 42 U.S.C. 7581.

242 ........................................... 42 U.S.C. 7582.

243 ........................................... 42 U.S.C. 7583.

244 ........................................... 42 U.S.C. 7584.

245 ........................................... 42 U.S.C. 7585.

246 ........................................... 42 U.S.C. 7586.

247 ........................................... 42 U.S.C. 7587.


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•HR 2834 IH 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

Former Classification 

248 ........................................... 42 U.S.C. 7588.

249 ........................................... 42 U.S.C. 7589.

250 ........................................... 42 U.S.C. 7590.

301 ........................................... 42 U.S.C. 7601.

302 ........................................... 42 U.S.C. 7602.

303 ........................................... 42 U.S.C. 7603.

304 ........................................... 42 U.S.C. 7604.

305 ........................................... 42 U.S.C. 7605.

306 ........................................... 42 U.S.C. 7606.

307 ........................................... 42 U.S.C. 7607.

308 ........................................... 42 U.S.C. 7608.

309 ........................................... 42 U.S.C. 7609.

310 ........................................... 42 U.S.C. 7610.

311 ........................................... 42 U.S.C. 7611.

312 ........................................... 42 U.S.C. 7612.

314 ........................................... 42 U.S.C. 7614.

315 ........................................... 42 U.S.C. 7615.

316 ........................................... 42 U.S.C. 7616.

317 ........................................... 42 U.S.C. 7617.

319 ........................................... 42 U.S.C. 7619.

320 ........................................... 42 U.S.C. 7620.

321 ........................................... 42 U.S.C. 7621.

322 ........................................... 42 U.S.C. 7622.

323 ........................................... 42 U.S.C. 7624.

324 ........................................... 42 U.S.C. 7625.

325 ........................................... 42 U.S.C. 7625–1.

326 ........................................... 42 U.S.C. 7625a.

327 ........................................... 42 U.S.C. 7626.

328 ........................................... 42 U.S.C. 7627.

329 ........................................... 42 U.S.C. 7628.

402 (as added by Pub. L. 91– 

604).

42 U.S.C. 7641.

403 (as added by Pub. L. 91– 

604).

42 U.S.C. 7642.

401 (as added by Pub. L. 101– 

549).

42 U.S.C. 7651.

402 (as added by Pub. L. 101– 

549).

42 U.S.C. 7651a.

403 (as added by Pub. L. 101– 

549).

42 U.S.C. 7651b.

404 ........................................... 42 U.S.C. 7651c.

405 ........................................... 42 U.S.C. 7651d.

406 ........................................... 42 U.S.C. 7651e.

407 ........................................... 42 U.S.C. 7651f.

408 ........................................... 42 U.S.C. 7651g.

409 ........................................... 42 U.S.C. 7651h.

410 ........................................... 42 U.S.C. 7651i.

411 ........................................... 42 U.S.C. 7651j.

412 ........................................... 42 U.S.C. 7651k.

413 ........................................... 42 U.S.C. 7651l. 414 ........................................... 42 U.S.C. 7651m.

415 ........................................... 42 U.S.C. 7651n.

416 ........................................... 42 U.S.C. 7651o. 501 ........................................... 42 U.S.C. 7661.

502 ........................................... 42 U.S.C. 7661a.

503 ........................................... 42 U.S.C. 7661b.

504 ........................................... 42 U.S.C. 7661c.

505 ........................................... 42 U.S.C. 7661d.

506 ........................................... 42 U.S.C. 7661e.

507 ........................................... 42 U.S.C. 7661f.

601 ........................................... 42 U.S.C. 7671.

602 ........................................... 42 U.S.C. 7671a.

603 ........................................... 42 U.S.C. 7671b.

604 ........................................... 42 U.S.C. 7671c.

605 ........................................... 42 U.S.C. 7671d.

606 ........................................... 42 U.S.C. 7671e.

607 ........................................... 42 U.S.C. 7671f.

608 ........................................... 42 U.S.C. 7671g.

609 ........................................... 42 U.S.C. 7671h.

610 ........................................... 42 U.S.C. 7671i.

611 ........................................... 42 U.S.C. 7671j.

612 ........................................... 42 U.S.C. 7671k.

613 ........................................... 42 U.S.C. 7671l.

614 ........................................... 42 U.S.C. 7671m.

615 ........................................... 42 U.S.C. 7671n.

616 ........................................... 42 U.S.C. 7671o.

617 ........................................... 42 U.S.C. 7671p.

618 ........................................... 42 U.S.C. 7671q.

National Environmental Policy Act of 

1969 (Public Law 91–190) ................. 2 ............................................... 42 U.S.C. 4321.

101 ........................................... 42 U.S.C. 4331.

102 ........................................... 42 U.S.C. 4332.

103 ........................................... 42 U.S.C. 4333.

104 ........................................... 42 U.S.C. 4334.

105 ........................................... 42 U.S.C. 4335.


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•HR 2834 IH 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

Former Classification 

201 ........................................... 42 U.S.C. 4341.

202 ........................................... 42 U.S.C. 4342.

203 ........................................... 42 U.S.C. 4343.

204 ........................................... 42 U.S.C. 4344.

205 ........................................... 42 U.S.C. 4345.

206 ........................................... 42 U.S.C. 4346.

207 ........................................... 42 U.S.C. 4346a.

208 ........................................... 42 U.S.C. 4346b.

209 ........................................... 42 U.S.C. 4347.

Environmental Quality Improvement Act 

of 1970 (Public Law 91–224) ............. 202 ........................................... 42 U.S.C. 4371.

203 ........................................... 42 U.S.C. 4372.

204 ........................................... 42 U.S.C. 4373.

205 ........................................... 42 U.S.C. 4374.

206 ........................................... 42 U.S.C. 4375.

Reorganization Plan No. 3 of 1970 ........ 1 ............................................... 42 U.S.C. 4321 note; 5 U.S.C. 

App.

2 ............................................... 42 U.S.C. 4321; 5 U.S.C. App.

3 ............................................... 42 U.S.C. 4321; 5 U.S.C. App.

4 ............................................... 42 U.S.C. 4321; 5 U.S.C. App.

5 ............................................... 42 U.S.C. 4321; 5 U.S.C. App.

6 ............................................... 42 U.S.C. 4321; 5 U.S.C. App.

7 ............................................... 42 U.S.C. 4321; 5 U.S.C. App.

Public Law 95–95 ................................... 203 ........................................... 42 U.S.C. 7551.

402 ........................................... 42 U.S.C. 4362.

403(b) ...................................... 42 U.S.C. 7401 note.

403(c) ...................................... 42 U.S.C. 7401 note.

403(d) ...................................... 42 U.S.C. 7501 note.

403(f) ....................................... 42 U.S.C. 7421 note.

404 ........................................... 42 U.S.C. 7401 note.

405 ........................................... 42 U.S.C. 7401 note.

406 ........................................... 42 U.S.C. 7401 note.

Public Law 95–134 ................................. 502 ........................................... 42 U.S.C. 4368b.

Public Law 95–155 ................................. 6 ............................................... 42 U.S.C. 4363 note.

7 ............................................... 42 U.S.C. 4364.

8 ............................................... 42 U.S.C. 4365.

9 ............................................... 42 U.S.C. 4366.

10 ............................................. 42 U.S.C. 4361b.

12 ............................................. 42 U.S.C. 4367.

Public Law 95–477 ................................. 3(d) .......................................... 42 U.S.C. 4368.

5 ............................................... 42 U.S.C. 4369.

6 ............................................... 42 U.S.C. 4361c.

Public Law 95–623 ................................. 9 ............................................... 42 U.S.C. 4362a.

Public Law 96–229 ................................. 2(d) .......................................... 42 U.S.C. 4363a.

2(e) .......................................... 42 U.S.C. 4363 note.

4 ............................................... 42 U.S.C. 4369a.

5 ............................................... 42 U.S.C. 4370.

Acid Precipitation Act of 1980 (Public 

Law 96–294) ....................................... 702 ........................................... 42 U.S.C. 8901.

703 ........................................... 42 U.S.C. 8902.

704 ........................................... 42 U.S.C. 8903.

705 ........................................... 42 U.S.C. 8904.

706 ........................................... 42 U.S.C. 8905.

711 ........................................... 42 U.S.C. 8911.

712 ........................................... 42 U.S.C. 8912.

Public Law 96–569 ................................. 2(f) ........................................... 42 U.S.C. 4363.

Public Law 98–80 ................................... 1 ............................................... 42 U.S.C. 4370a.

Public Law 98–313 ................................. 2 ............................................... 42 U.S.C. 4368a.

Public Law 99–499 ................................. 118(k) ...................................... 42 U.S.C. 7401 note.

118(n) ...................................... 42 U.S.C. 7401 note.

401 ........................................... 42 U.S.C. 7401 note.


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Schedule of Laws Repealed—Continued 

Act Section United States Code 

Former Classification 

402 ........................................... 42 U.S.C. 7401 note.

403 ........................................... 42 U.S.C. 7401 note.

404 ........................................... 42 U.S.C. 7401 note.

405 ........................................... 42 U.S.C. 7401 note.

Public Law 101–144 ............................... title III, 1st paragraph under 

heading ‘‘ADMINISTRATIVE

PROVISIONS’’, at 103 Stat. 858.

42 U.S.C. 4370b.

Public Law 101–508 ............................... 6501 ......................................... 42 U.S.C. 4370c.

Public Law 101–549 ............................... 233 ........................................... 42 U.S.C. 7571 note.

305(c) ...................................... 42 U.S.C. 7429 note.

405 ........................................... 42 U.S.C. 7403 note.

406 ........................................... 42 U.S.C. 7651 note.

711(a) ...................................... 42 U.S.C. 7401 note.

711(b) ...................................... 42 U.S.C. 7401 note.

810 ........................................... 42 U.S.C. 7401 note.

821 ........................................... 42 U.S.C. 7651k note.

901(g) ...................................... 42 U.S.C. 7403 note.

1001 ......................................... 42 U.S.C. 7601 note.

1002 ......................................... 42 U.S.C. 7601 note.

Public Law 101–593 ............................... 201 ........................................... 42 U.S.C. 4321 note.

202 ........................................... 42 U.S.C. 4321 note.

203 ........................................... 42 U.S.C. 4321 note.

204 ........................................... 42 U.S.C. 4321 note.

205 ........................................... 42 U.S.C. 4321 note.

Public Law 101–617 ............................... 4 ............................................... 42 U.S.C. 4366a.

Public Law 102–389 ............................... title III, 1st paragraph under 

heading ‘‘ADMINISTRATIVE

PROVISIONS’’, at 106 Stat. 

1602.

42 U.S.C. 4370d.

Public Law 104–59 ................................. 348 ........................................... 42 U.S.C. 7511a note.

Public Law 104–88 ................................. 401 ........................................... 42 U.S.C. 4332 note.

Public Law 104–204 ............................... title III, paragraph under 

heading ‘‘WORKING CAPITAL

FUND (INCLUDING TRANSFER

OF FUNDS)’’, at 110 Stat. 

2912.

42 U.S.C. 4370e.

Public Law 105–178 ............................... 6101 ......................................... 42 U.S.C. 7407 note.

6102 ......................................... 42 U.S.C. 7407 note.

6103 ......................................... 42 U.S.C. 7407 note.

Departments of Veterans Affairs and 

Housing and Urban Development, and 

Independent Agencies Appropriations 

Act, 2001 (Public Law 106–377) ....... title III, 1st paragraph under 

heading ‘‘ADMINISTRATIVE

PROVISIONS’’, at 114 Stat. 

1441–A.

42 U.S.C. 4370f.

Public Law 106–398 ............................... 317 ........................................... 42 U.S.C. 4321 note.

Public Law 108–199 ............................... 425(b) ...................................... 42 U.S.C. 7407 note.

428(a) ...................................... not classified.

428(b) ...................................... 42 U.S.C. 7547 note.

428(c) through (e) ................... not classified.

Public Law 109–58 ................................. 1501(d) .................................... 42 U.S.C. 7545 note.

1503 ......................................... 42 U.S.C. 7545 note.


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•HR 2834 IH 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

Former Classification 

1504(d)(2) ............................... 42 U.S.C. 7545 note.

Public Law 109–59 ................................. 10211 ....................................... not classified.

Public Law 110–140 ............................... 204(a) ...................................... 42 U.S.C. 7545 note.

Public Law 111–8 ................................... div. E, title II (3d paragraph 

under heading 

‘‘ADMINISTRATIVE

PROVISIONS, ENVIRONMENTAL

PROTECTION AGENCY

(INCLUDING RESCISSION OF

FUNDS)’’ (1st sentence), at 123 

Stat. 728.

42 U.S.C. 4370g.

div. E, title II (3d paragraph 

under heading 

‘‘ADMINISTRATIVE

PROVISIONS, ENVIRONMENTAL

PROTECTION AGENCY

(INCLUDING RESCISSION OF

FUNDS)’’ (last sentence), at 

123 Stat. 728.

not classified.

div. E, title II (last paragraph 

under heading 

‘‘ADMINISTRATIVE

PROVISIONS, ENVIRONMENTAL

PROTECTION AGENCY

(INCLUDING RESCISSION OF

FUNDS), AT 123 STAT. 729’’.

42 U.S.C. 4370h.

Public Law 112–141 ............................... div. A, title XIII, § 1319 ......... 42 U.S.C. 4332a.

Æ 


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