121 
paragraph (A), the State shall be treated as not having made the 
submission (or, in the Administrator’s discretion, part thereof). 
(2) DEADLINE FOR ACTION.—Within 12 months after a determina-
tion by the Administrator (or a determination deemed by operation of 
law) under paragraph (1) that a State has submitted a plan or plan 
revision (or, in the Administrator’s discretion, part thereof) that meets 
the minimum criteria established pursuant to paragraph (1), if applica-
ble (or, if those criteria are not applicable, within 12 months after sub-
mission of the plan or revision), the Administrator shall act on the sub-
mission in accordance with paragraph (3). 
(3) FULL AND PARTIAL APPROVAL AND DISAPPROVAL.—In the case 
of any submittal on which the Administrator is required to act under 
paragraph (2), the Administrator shall approve the submittal as a 
whole if it meets all of the applicable requirements of this division. If 
a portion of the plan revision meets all the applicable requirements of 
this division, the Administrator may approve the plan revision in part 
and disapprove the plan revision in part. The plan revision shall not 
be treated as meeting the requirements of this division until the Ad-
ministrator approves the entire plan revision as complying with the ap-
plicable requirements of this division. 
(4) CONDITIONAL APPROVAL.—The Administrator may approve a 
plan revision based on a commitment of the State to adopt specific en-
forceable measures by a date certain, but not later than 1 year after 
the date of approval of the plan revision. Any such conditional approval 
shall be treated as a disapproval if the State fails to comply with the 
commitment. 
(5) CALLS FOR PLAN REVISIONS.— 
(A) IN GENERAL.—Whenever the Administrator finds that the 
applicable implementation plan for any area is substantially inad-
equate to attain or maintain the relevant NAAQS, to mitigate ade-
quately the interstate pollutant transport described in section 
215108 of this title or section 215205 of this title, or to otherwise 
comply with any requirement of this division, the Administrator 
shall require the State to revise the plan as necessary to correct 
such inadequacies. 
(B) NOTICE; DEADLINES.—The Administrator— 
(i) shall notify the State of the inadequacies; and 
(ii) may establish reasonable deadlines (not to exceed 18 
months after the date of the notice) for the submission of the 
plan revisions. 
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(C) PUBLIC AVAILABILITY.—The findings under subparagraph 
(A) and notice under subparagraph (B) shall be public. 
(D) EFFECT OF FINDING.—Any finding under this paragraph 
shall, to the extent that the Administrator considers appropriate, 
subject the State to the requirements of this division to which the 
State was subject when it developed and submitted the plan for 
which the finding was made, except that the Administrator may 
adjust any dates applicable under those requirements as appro-
priate (except that the Administrator may not adjust any attain-
ment date prescribed under chapter 215 unless that date has 
elapsed). 
(6) CORRECTIONS.—Whenever the Administrator determines that 
the Administrator’s action approving, disapproving, or promulgating 
any plan or plan revision (or part thereof), area designation, redesigna-
tion, classification, or reclassification was in error, the Administrator 
may in the same manner as the approval, disapproval, or promulgation 
revise the action as appropriate without requiring any further submis-
sion from the State. Such a determination and the basis thereof shall 
be provided to the State and public. 
(j) PLAN REVISIONS.—Each revision to an implementation plan sub-
mitted by a State under this division shall be adopted by the State after 
reasonable notice and public hearing. The Administrator shall not approve 
a revision of a plan if the revision would interfere with any applicable re-
quirement concerning attainment and reasonable further progress (as de-
fined in section 215101 of this title) or any other applicable requirement 
of this division. 
(k) SANCTIONS.— 
(1) IN GENERAL.—The Administrator may apply any of the sanc-
tions listed in section 215111(b) of this title at any time (or at any 
time after) the Administrator makes a finding, disapproval, or deter-
mination under subparagraphs (A) through (D), respectively, of section 
215111(a)(1) of this title in relation to any plan or plan item (as that 
term is defined by the Administrator) required under this division, with 
respect to any portion of the State that the Administrator determines 
to be reasonable and appropriate, for the purpose of ensuring that the 
requirements of this division relating to the plan or plan item are met. 
(2) CRITERIA.—The Administrator shall, by regulation, establish cri-
teria for exercising the Administrator’s authority under paragraph (1) 
with respect to any deficiency described in section 215111(a)(1) of this 
title to ensure that, during the 24-month period following the finding, 
disapproval, or determination described in section 215111(a)(1) of this 
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title, the sanctions are not applied on a statewide basis where 1 or 
more political subdivisions covered by the applicable implementation 
plan are principally responsible for the deficiency. 
(l) SAVINGS PROVISIONS.— 
(1) EXISTING PLAN PROVISIONS.—Any provision of any applicable 
implementation plan that was approved or promulgated by the Admin-
istrator pursuant to section 110 of the Clean Air Act (42 U.S.C. 7410) 
(as in effect before November 15, 1990) shall remain in effect as part 
of the applicable implementation plan, except to the extent that a revi-
sion to the provision is approved or promulgated by the Administrator 
pursuant to this division. 
(2) ATTAINMENT DATES.—For any area not designated nonattain-
ment, any plan or plan revision submitted or required to be submitted 
by a State— 
(A) in response to the promulgation or revision of a primary 
NAAQS in effect on November 15, 1990; or 
(B) in response to a finding of substantial inadequacy under 
section 110(a)(2) of the Clean Air Act (42 U.S.C. 7410(a)(2)) (as 
in effect before November 15, 1990); 
shall provide for attainment of the primary NAAQSes within 5 years 
after issuance of the finding of substantial inadequacy. 
(3) RETENTION
OF
CONSTRUCTION
MORATORIUM
IN
CERTAIN 
AREAS.—In the case of an area to which, as of November 14, 1990, 
the prohibition on construction or modification of major stationary 
sources prescribed in section 110(a)(2)(I) of the Clean Air Act (42 
U.S.C. 7410(a)(2)(I)) (as in effect before November 15, 1990) applied 
by virtue of a finding of the Administrator that the State containing 
that area had not submitted an implementation plan meeting the re-
quirements of section 172(b)(6) of the Clean Air Act (42 U.S.C. 
7502(b)(6)) (as in effect before November 15, 1990) or section 
172(a)(1) of the Clean Air Act (42 U.S.C. 7502(a)(1)) (to the extent 
that those requirements relate to provision for attainment of the pri-
mary NAAQS for sulfur oxides by December 31, 1982) (as in effect 
before November 15, 1990), no major stationary source of the relevant 
air pollutant or pollutants shall be constructed or modified in the area 
until the Administrator finds that the plan for the area meets the ap-
plicable requirements of section 215102(c)(5) of this title or subchapter 
V of chapter 215, respectively. 
(m) INDIAN TRIBES.— 
(1) REVIEW OF IMPLEMENTATION PLAN.—If an Indian tribe submits 
an implementation plan to the Administrator pursuant to section 
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203101(d) of this title, the plan shall be reviewed in accordance with 
the provisions for review set forth in this section for State plans, except 
as otherwise provided by regulation promulgated pursuant to section 
203101(d)(2) of this title. 
(2) APPLICABILITY OF IMPLEMENTATION PLAN.—When an imple-
mentation plan described in paragraph (1) becomes effective in accord-
ance with the regulations promulgated under section 203101(d) of this 
title, the plan shall become applicable to all areas (except as expressly 
provided otherwise in the plan) located within the exterior boundaries 
of the reservation, notwithstanding the issuance of any patent and in-
cluding rights-of-way running through the reservation. 
(n) REPORTS.—Any State shall submit, according to such schedule as the 
Administrator may prescribe, such reports as the Administrator may require 
relating to— 
(1) emission reductions; 
(2) vehicle miles traveled; 
(3) congestion levels; and 
(4) any other information that the Administrator considers necessary 
to assess the development, effectiveness, need for revision, or implemen-
tation of any plan or plan revision required under this division. 
§ 211111. Standards of performance for new stationary 
sources 
(a) DEFINITIONS.—In this section: 
(1) EXISTING SOURCE.—The term ‘‘existing source’’ means any sta-
tionary source other than a new source. 
(2) MODIFY.— 
(A) IN GENERAL.—The term ‘‘modify’’, with respect to a sta-
tionary source, means to make or undergo any physical change in, 
or change in the method of operation of, the stationary source 
that— 
(i) increases the amount of any air pollutant emitted by the 
stationary source; or 
(ii) results in the emission of any air pollutant not pre-
viously emitted. 
(B) EXCLUSION.—The term ‘‘modify’’ does not include con-
verting to coal by reason of an order under section 2(a) of the En-
ergy Supply and Environmental Coordination Act of 1974 (15 
U.S.C. 792(a)) or any enactment that supersedes that Act. 
(3) NEW SOURCE.—The term ‘‘new source’’ means any stationary 
source, the construction or modification of which is commenced after 
the publication of regulations (or, if earlier, proposed regulations) pre-
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scribing a standard of performance under this section that will be ap-
plicable to the source. 
(4) OWNER OR OPERATOR.—The term ‘‘owner or operator’’ means 
any person that owns, leases, operates, controls, or supervises a sta-
tionary source. 
(5) STANDARD OF PERFORMANCE.—The term ‘‘standard of perform-
ance’’ means a standard for emissions of air pollutants that reflects the 
degree of emission limitation achievable through the application of the 
best system of emission reduction that (taking into account the cost of 
achieving the reduction and any non-air-quality health and environ-
mental impact and energy requirements) the Administrator determines 
has been adequately demonstrated. 
(6) STATIONARY SOURCE.—The term ‘‘stationary source’’ means any 
building, structure, facility, or installation that emits or may emit any 
air pollutant. 
(7) TECHNOLOGICAL
SYSTEM
OF
CONTINUOUS
EMISSION
REDUC-
TION.—The term ‘‘technological system of continuous emission reduc-
tion’’ means— 
(A) a technological process for production or operation by any 
source that is inherently low-polluting or nonpolluting; or 
(B) a technological system for continuous reduction of the pollu-
tion generated by a source before the pollution is emitted into the 
ambient air, including precombustion cleaning or treatment of 
fuel. 
(b) STANDARDS OF PERFORMANCE.— 
(1) LIST OF CATEGORIES.—The Administrator shall publish (and 
from time to time revise) a list of categories of stationary sources. The 
Administrator shall include a category of sources in the list if in the 
Administrator’s judgment it causes, or contributes significantly to, air 
pollution that may reasonably be anticipated to endanger public health 
or welfare. 
(2) REGULATIONS.—Within 1 year after the inclusion of a category 
of stationary sources in a list under paragraph (1), the Administrator 
shall publish proposed regulations establishing Federal standards of 
performance for new sources within the category. The Administrator 
shall afford interested persons an opportunity for written comment on 
the proposed regulations. After considering the comments, the Adminis-
trator shall promulgate, within 1 year after publication of the proposed 
regulations, the standard of performance with such modifications as the 
Administrator considers appropriate. 
(3) PERIODIC REVIEW.— 
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(A) IN GENERAL.—The Administrator shall, at least every 8 
years, review and, if appropriate, revise the standard of perform-
ance following the procedure required by this subsection for pro-
mulgation of standards of performance. 
(B) READILY AVAILABLE INFORMATION.—Notwithstanding sub-
paragraph (A), the Administrator need not review any standard of 
performance if the Administrator determines that review is not ap-
propriate in light of readily available information on the efficacy 
of the standard of performance. 
(4) EFFECTIVE DATE.—A standard of performance or revision there-
of shall become effective on promulgation. 
(5) CONSIDERATION OF EMISSION LIMITATIONS AND PERCENT RE-
DUCTIONS
ACHIEVED
IN
PRACTICE.—When implementation and en-
forcement of any requirement of this division indicate that emission 
limitations and percent reductions beyond those required by the stand-
ard of performance promulgated under this section are achieved in 
practice, the Administrator shall, when revising the standard of per-
formance promulgated under this section, consider the emission limita-
tions and percent reductions achieved in practice. 
(6) CLASSES, TYPES, AND SIZES.—The Administrator may distin-
guish among classes, types, and sizes within categories of new sources 
for the purpose of establishing standards of performance. 
(7) POLLUTION CONTROL TECHNIQUES.—The Administrator shall 
from time to time issue information on pollution control techniques for 
categories of new sources and air pollutants subject to this section. 
(8) NEW SOURCES OWNED OR OPERATED BY THE UNITED STATES.— 
This section shall apply to any new source owned or operated by the 
United States. 
(9) EFFECT OF SECTION.—Except as otherwise authorized under 
subsection (f), nothing in this section shall be construed to require, or 
to authorize the Administrator to require, any new or modified source 
to install and operate any particular technological system of continuous 
emission reduction to comply with any new source standard of perform-
ance. 
(10) CERTAIN NEW OR MODIFIED FOSSIL FUEL-FIRED STATIONARY 
SOURCES.—Any new or modified fossil fuel-fired stationary source that 
commences construction prior to the date of publication of proposed re-
vised standards shall not be required to comply with those revised 
standards. 
(c) STATE IMPLEMENTATION AND ENFORCEMENT OF STANDARDS OF 
PERFORMANCE.— 
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(1) DELEGATION OF AUTHORITY.—Each State may develop and sub-
mit to the Administrator a procedure for implementing and enforcing 
standards of performance for new sources located in the State. If the 
Administrator finds that the State procedure is adequate, the Adminis-
trator shall delegate to the State any authority that the Administrator 
has under this division to implement and enforce the standards of per-
formance. 
(2) EFFECT OF SUBSECTION.—Nothing in this subsection prohibits 
the Administrator from enforcing any applicable standard of perform-
ance under this section. 
(d) STANDARDS OF PERFORMANCE ESTABLISHED BY STATES FOR EX-
ISTING SOURCES.— 
(1) REGULATIONS.— 
(A) IN GENERAL.—The Administrator shall prescribe regula-
tions that establish a procedure similar to that provided by section 
211110 of this title under which each State shall submit to the 
Administrator a plan that— 
(i) establishes standards of performance for any existing 
source for any air pollutant— 
(I)(aa) for which air quality criteria have not been 
issued; or 
(bb) that is not included on a list published under sec-
tion 211108(a) of this title or emitted from a source cat-
egory that is regulated under section 211112 of this 
title; but 
(II) to which a standard of performance under this 
section would apply if the existing source were a new 
source; and 
(ii) provides for the implementation and enforcement of the 
standards of performance. 
(B) CONSIDERATIONS.—The regulations under this paragraph 
shall permit a State in applying a standard of performance to any 
particular source under a plan submitted under this paragraph to 
take into consideration, among other factors, the remaining useful 
life of the existing source to which the standard of performance 
applies. 
(2) AUTHORITY OF THE ADMINISTRATOR.— 
(A) IN GENERAL.—The Administrator shall have the authority 
described in paragraph (1)— 
(i) to prescribe a plan for a State in a case where the State 
fails to submit a satisfactory plan as the Administrator would 
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have under section 211110(c) of this title in the case of fail-
ure to submit an implementation plan; and 
(ii) to enforce the plan in a case where the State fails to 
enforce the plan as the Administrator would have under sec-
tions 211113 and 211114 of this title with respect to an im-
plementation plan. 
(B) CONSIDERATIONS.—In promulgating a standard of perform-
ance under a plan prescribed under this paragraph, the Adminis-
trator shall take into consideration, among other factors, the re-
maining useful lives of the sources in the category of sources to 
which the standard applies. 
(e) NEW SOURCE STANDARDS OF PERFORMANCE.— 
(1) IN GENERAL.—For categories of major stationary sources that 
the Administrator listed under section 111(b)(1)(A) of the Clean Air 
Act (42 U.S.C. 7411(b)(1)(A)) before November 15, 1990, and for 
which the Administrator had not proposed regulations by November 15, 
1990, the Administrator shall promulgate regulations establishing 
standards of performance. 
(2) PRIORITIES.—In determining priorities for promulgating stand-
ards for categories of major stationary sources for the purpose of para-
graph (1), the Administrator shall consider— 
(A) the quantity of air pollutant emissions that each category 
will emit or be designed to emit; 
(B) the extent to which each air pollutant may reasonably be 
anticipated to endanger public health or welfare; and 
(C) the mobility and competitive nature of each category of 
sources and the consequent need for nationally applicable new 
source standards of performance. 
(3) CONSULTATION.—Before promulgating any regulations under 
this subsection or listing any category of major stationary sources as 
required under this subsection, the Administrator shall consult with ap-
propriate representatives of the Governors and of State air pollution 
control agencies. 
(4) REVISION OF REGULATIONS.— 
(A) SPECIFICATION OF CATEGORY LISTED.—On application by 
the Governor of a State showing that the Administrator has failed 
to specify in regulations under paragraph (1) any category of 
major stationary sources required to be specified under the regula-
tions, the Administrator shall revise the regulations to specify any 
such category. 
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(B) SPECIFICATION OF CATEGORY NOT LISTED.—On application 
of the Governor of a State showing that any category of stationary 
sources not included in the list under section 111(b)(1)(A) of the 
Clean Air Act (42 U.S.C. 7411(b)(1)(A)) before November 15, 
1990, contributes significantly to air pollution that may reasonably 
be anticipated to endanger public health or welfare (notwith-
standing that that category is not a category of major stationary 
sources), the Administrator shall revise the regulations to specify 
that category of stationary sources. 
(C) PROPER APPLICATION OF CRITERIA.—On application of the 
Governor of a State showing that the Administrator has failed to 
apply properly the criteria required to be considered under para-
graph (2), the Administrator shall revise the list under subsection 
(b)(1) to apply properly the criteria. 
(D) NEW, INNOVATIVE, OR IMPROVED TECHNOLOGY OR PROC-
ESS.—On application of the Governor of a State showing that— 
(i) a new, innovative, or improved technology or process 
that achieves greater continuous emission reduction has been 
adequately demonstrated for any category of stationary 
sources; and 
(ii) as a result of that technology or process, the new 
source standard of performance in effect under this section 
for that category no longer reflects the greatest degree of 
emission limitation achievable through application of the best 
technological system of continuous emission reduction that 
(taking into consideration the cost of achieving such an emis-
sion reduction, and any non-air-quality health and environ-
mental impact and energy requirements) has been adequately 
demonstrated, 
the Administrator shall revise the standard of performance for 
that category accordingly. 
(E) DEADLINE.—Unless later deadlines for action of the Ad-
ministrator are otherwise prescribed under this section, the Ad-
ministrator shall, not later than 3 months after the date of receipt 
of any application by a Governor of a State— 
(i) find that the application does not contain the requisite 
showing and deny the application; or 
(ii) grant the application and take the action required 
under this subsection. 
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(5) NOTICE AND OPPORTUNITY FOR PUBLIC HEARING.—Before tak-
ing any action required by this subsection, the Administrator shall pro-
vide notice and opportunity for public hearing. 
(f) DESIGN, EQUIPMENT, WORK PRACTICE, OR OPERATIONAL STANDARD 
IF STANDARD OF PERFORMANCE IS NOT FEASIBLE.— 
(1) IN GENERAL.—If, in the judgment of the Administrator, it is not 
feasible to prescribe or enforce a standard of performance, the Admin-
istrator may instead promulgate a design, equipment, work practice, or 
operational standard (or combination thereof) that reflects the best 
technological system of continuous emission reduction that (taking into 
consideration the cost of achieving the emission reduction, and any 
non-air-quality health and environmental impact and energy require-
ments) the Administrator determines has been adequately dem-
onstrated. 
(2) OPERATION AND MAINTENANCE.—The Administrator shall in-
clude as part of any design or equipment standard promulgated under 
this subsection such requirements as will ensure the proper operation 
and maintenance of any such element of design or equipment. 
(3) STANDARD OF PERFORMANCE NOT FEASIBLE.—For the purpose 
of this subsection, the Administrator may determine that it is not fea-
sible to prescribe or enforce a standard of performance in any situation 
in which the Administrator determines that— 
(A) a pollutant or pollutants cannot be emitted through a con-
veyance designed and constructed to emit or capture pollutant, or 
any requirement for, or use of, such a conveyance would be incon-
sistent with Federal, State, or local law; or 
(B) the application of measurement methodology to a particular 
class of sources is not practicable due to technological or economic 
limitations. 
(4) ALTERNATIVE MEANS OF EMISSION LIMITATION.—If, after notice 
and opportunity for public hearing, any person establishes to the satis-
faction of the Administrator that an alternative means of emission limi-
tation will achieve a reduction in emissions of any air pollutant at least 
equivalent to the reduction in emissions of that air pollutant achieved 
under a design, equipment, work practice, or operational standard pro-
mulgated under paragraph (1), the Administrator shall permit the use 
of the alternative by the source for purposes of compliance with this 
section with respect to that pollutant. 
(5) PROMULGATION OF STANDARD OF PERFORMANCE WHEN FEA-
SIBLE.—Any design, equipment, work practice, or operational standard 
promulgated under paragraph (1) shall be promulgated in terms of a 
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standard of performance whenever it becomes feasible to promulgate 
and enforce the design, equipment, work practice, or operational stand-
ard in terms of a standard of performance. 
(6) TREATMENT.—Any design, equipment, work practice, or oper-
ational standard, or any combination thereof, described in this sub-
section shall be treated as a standard of performance for purposes of 
this division (except subsection (a) and this subsection). 
(g) COUNTRY ELEVATORS.—Any regulations promulgated by the Admin-
istrator under this section applicable to grain elevators shall not apply to 
country elevators (as defined by the Administrator) that have a storage ca-
pacity of less than 2,500,000 bushels. 
(h) WAIVERS TO ENCOURAGE THE USE OF INNOVATIVE TECHNOLOGICAL 
SYSTEMS OF CONTINUOUS EMISSION REDUCTION.— 
(1) REQUEST FOR WAIVER.—Any person proposing to own or oper-
ate a new source may request the Administrator for 1 or more waivers 
from the requirements of this section for the source or any portion 
thereof with respect to any air pollutant to encourage the use of 1 or 
more innovative technological systems of continuous emission reduction. 
(2) GRANT OF WAIVER.—The Administrator may, with the consent 
of the Governor of the State in which the source is to be located, grant 
a waiver under paragraph (1) if the Administrator determines, after 
notice and opportunity for public hearing, that— 
(A) the proposed system or systems have not been adequately 
demonstrated; 
(B)(i) the proposed system or systems will operate effectively; 
and 
(ii) there is a substantial likelihood that the system or systems 
will achieve— 
(I) greater continuous emission reduction than that re-
quired to be achieved under the standards of performance 
that would otherwise apply; or 
(II) at least an equivalent reduction at lower cost in terms 
of energy, economic, or non-air-quality environmental impact; 
(C) the owner or operator of the proposed source has dem-
onstrated to the satisfaction of the Administrator that the pro-
posed system will not cause or contribute to an unreasonable risk 
to public health, welfare, or safety in its operation, function, or 
malfunction; and 
(D) the granting of the waiver is consistent with paragraph (6). 
(3) LIKELIHOOD OF GREATER CONTINUOUS EMISSION REDUCTION.— 
In making any determination under paragraph (2)(B), the Adminis-
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trator shall take into account any previous failure of the system or sys-
tems to operate effectively or to meet any requirement of the new 
source performance standards. 
(4) RISK TO PUBLIC HEALTH, WELFARE, OR SAFETY.— 
(A) CONSIDERATIONS.—In determining whether an unreason-
able risk exists under paragraph (2)(C), the Administrator shall 
consider, among other factors— 
(i) whether and to what extent the use of the proposed 
technological system will cause, increase, reduce, or eliminate 
emissions of any unregulated pollutants; 
(ii) available methods for reducing or eliminating any risk 
to public health, welfare, or safety that may be associated 
with the use of the system; and 
(iii) the availability of other technological systems that may 
be used to conform to standards under this section without 
causing or contributing to an unreasonable risk. 
(B) TESTS; INFORMATION.—The Administrator may conduct 
such tests and require the owner or operator of the proposed 
source to conduct such tests and provide such information as is 
necessary to carry out paragraph (2)(C). Such requirements shall 
include a requirement for prompt reporting of the emission of any 
unregulated pollutant from a system if the pollutant was not emit-
ted, or was emitted in significantly lesser amounts, without use of 
the system. 
(5) TERMS AND CONDITIONS.— 
(A) IN
GENERAL.—A waiver under paragraph (5) shall be 
granted on such terms and conditions as the Administrator deter-
mines to be necessary to— 
(i) ensure that emissions from the source will not prevent 
attainment and maintenance of any NAAQSes; and 
(ii) ensure the proper functioning of the technological sys-
tem or systems authorized. 
(B) TREATMENT AS STANDARD OF PERFORMANCE.—Any such 
term or condition shall be treated as a standard of performance 
for the purposes of subsection (j) and section 211113 of this title. 
(6) NUMBER OF WAIVERS.—The number of waivers granted under 
this subsection with respect to a proposed technological system of con-
tinuous emission reduction shall not exceed such number as the Admin-
istrator finds necessary to ascertain whether or not the system will 
achieve the conditions specified in subparagraphs (B) and (C) of para-
graph (2). 
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(7) EFFECTIVE PERIOD.— 
(A) IN GENERAL.—A waiver under paragraph (1) shall extend 
to the earlier of— 
(i) a date determined by the Administrator, after consulta-
tion with the owner or operator of the source, taking into 
consideration the design, installation, and capital cost of the 
technological system or systems being used; or 
(ii) the date on which the Administrator determines that— 
(I) the system has failed to— 
(aa) achieve at least an equivalent continuous 
emission reduction to that required to be achieved 
under the standards of performance that would oth-
erwise apply; or 
(bb) comply with the condition specified in para-
graph (2)(C); and 
(II) the failure cannot be corrected. 
(B) DATE DETERMINED BY THE ADMINISTRATOR.—In carrying 
out subparagraph (A)(i), the Administrator shall not permit any 
waiver for a source or portion thereof to extend beyond the earlier 
of— 
(i) years after the date on which any waiver is granted to 
the source or portion thereof; or 
(ii) the date that is 4 years after the date on which the 
source or portion thereof commences operation. 
(8) PORTION OF SOURCE TO WHICH WAIVER APPLIES.—No waiver 
under paragraph (1) shall apply to any portion of a source other than 
the portion on which the innovative technological system or systems of 
continuous emission reduction are used. 
(9) EXTENSION.— 
(A) IN GENERAL.—If a waiver for a source is terminated under 
paragraph (7)(A)(ii), the Administrator shall grant an extension 
of the requirements of this section for the source for such min-
imum period as may be necessary to comply with the applicable 
standard of performance under this section. That period shall not 
extend beyond the date that is 3 years after the date on which 
the waiver is terminated. 
(B) EMISSION LIMITS AND COMPLIANCE SCHEDULE.— 
(i) IN GENERAL.—An extension granted under this para-
graph shall— 
(I) set forth emission limits and a compliance schedule 
containing increments of progress that require compli-
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ance with the applicable standards of performance as ex-
peditiously as practicable; and 
(II) include such measures as are necessary and prac-
ticable in the interim to minimize emissions. 
(ii) TREATMENT.—A schedule under clause (i)(I) shall be 
treated as a standard of performance for purposes of sub-
section (j) and section 211113 of this title. 
(i) INCINERATION UNITS.—An incineration unit shall not be considered 
to be combusting municipal waste for purposes of this section if the inciner-
ation unit combusts a fuel feed stream 30 percent or less of the weight of 
which is comprised, in aggregate, of municipal waste. 
(j) PROHIBITION.—It shall be unlawful for any owner or operator of any 
new source to operate the source in violation of any standard of perform-
ance applicable to the source. 
§ 211112. Hazardous air pollutants 
(a) DEFINITIONS.—In this section: 
(1) ADVERSE ENVIRONMENTAL EFFECT.— 
(A) IN GENERAL.—The term ‘‘adverse environmental effect’’ 
means any significant and widespread adverse effect that may rea-
sonably be anticipated, to wildlife, aquatic life, or other natural re-
sources. 
(B) INCLUSIONS.—The term ‘‘adverse environmental effect’’ in-
cludes adverse impacts on— 
(i) populations of endangered or threatened species; or 
(ii) significant degradation of environmental quality over 
broad areas. 
(2) AREA SOURCE.— 
(A) IN GENERAL.—The term ‘‘area source’’ means any sta-
tionary source of hazardous air pollutants that is not a major 
source. 
(B) EXCLUSIONS.—The term ‘‘area source’’ does not include 
motor vehicles or nonroad vehicles subject to regulation under sub-
division 3. 
(3) CARCINOGENIC.— 
(A) IN GENERAL.—Unless revised, the term ‘‘carcinogenic’’ has 
the meaning provided by the Administrator for purposes of the 
term ‘‘carcinogenic effect’’ under the Guidelines for Carcinogenic 
Risk Assessment as of November 15, 1990. 
(B) REVISION.—Any revision in the Guidelines for Carcinogenic 
Risk Assessment shall be subject to notice and opportunity for 
comment. 
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(4) ELECTRIC UTILITY STEAM GENERATING UNIT.— 
(A) IN GENERAL.—The term ‘‘electric utility steam generating 
unit’’ means any fossil fuel-fired combustion unit of more than 25 
megawatts that serves a generator that produces electricity for 
sale. 
(B) COGENERATION UNITS.—A unit that cogenerates steam and 
electricity and supplies more than 1⁄3 of its potential electric out-
put capacity and more than 25 megawatts electrical output to any 
utility power distribution system for sale shall be considered to be 
an electric utility steam generating unit. 
(5) EXISTING SOURCE.—The term ‘‘existing source’’ means any sta-
tionary source other than a new source. 
(6) HAZARDOUS AIR POLLUTANT.—The term ‘‘hazardous air pollut-
ant’’ means any air pollutant listed pursuant to subsection (b). 
(7) MAJOR SOURCE.— 
(A) IN GENERAL.—The term ‘‘major source’’ means any sta-
tionary source or group of stationary sources located within a con-
tiguous area and under common control that emits or has the po-
tential to emit, considering controls, in the aggregate— 
(i) 10 tons per year or more of any hazardous air pollut-
ant; or 
(ii) 25 tons per year or more of any combination of haz-
ardous air pollutants. 
(B) LESSER QUANTITY; DIFFERENT CRITERIA.—The Adminis-
trator may establish a lesser quantity, or in the case of radio-
nuclides different criteria, for a major source than that specified 
in subparagraph (A), on the basis of— 
(i) the potency of the air pollutant; 
(ii) the persistence of the air pollutant; 
(iii) the potential for bioaccumulation of the air pollutant; 
(iv) other characteristics of the air pollutant; or 
(v) other relevant factors. 
(8) MODIFICATION.—The term ‘‘modification’’ means any physical 
change in, or change in the method of operation of, a major source 
that— 
(A) increases the actual emissions of any hazardous air pollut-
ant emitted by the source by more than a de minimis amount; or 
(B) results in the emission of any hazardous air pollutant not 
previously emitted by more than a de minimis amount. 
(9) NEW
SOURCE.—The term ‘‘new source’’ means a stationary 
source the construction or reconstruction of which is commenced after 
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the Administrator first proposes regulations under this section estab-
lishing an emission standard applicable to the source. 
(10) OWNER OR OPERATOR.—Except in subsection (q), the term 
‘‘owner or operator’’ means any person that owns, leases, operates, con-
trols, or supervises a stationary source. 
(11) STATIONARY SOURCE.—The term ‘‘stationary source’’ has the 
meaning given the term in section 211111(a) of this title. 
(b) LIST OF POLLUTANTS.— 
(1) LIST.—Congress establishes for purposes of this section a list of 
hazardous air pollutants as follows: 
CAS 
number 
Chemical name 
75070 
Acetaldehyde 
60355 
Acetamide 
75058 
Acetonitrile 
98862 
Acetophenone 
53963 
2-Acetylaminofluorene 
107028 
Acrolein 
79061 
Acrylamide 
79107 
Acrylic acid 
107131 
Acrylonitrile 
107051 
Allyl chloride 
92671 
4-Aminobiphenyl 
62533 
Aniline 
90040 
o-Anisidine 
1332214 
Asbestos 
71432 
Benzene (including benzene from gasoline) 
92875 
Benzidine 
98077 
Benzotrichloride 
100447 
Benzyl chloride 
92524 
Biphenyl 
117817 
Bis(2-ethylhexyl)phthalate (DEHP) 
542881 
Bis(chloromethyl)ether 
75252 
Bromoform 
106990 
1,3-Butadiene 
156627 
Calcium cyanamide 
105602 
Caprolactam 
133062 
Captan 
63252 
Carbaryl 
75150 
Carbon disulfide 
56235 
Carbon tetrachloride 
463581 
Carbonyl sulfide 
120809 
Catechol 
133904 
Chloramben 
57749 
Chlordane 
7782505 
Chlorine 
79118 
Chloroacetic acid 
532274 
2-Chloroacetophenone 
108907 
Chlorobenzene 
510156 
Chlorobenzilate 
67663 
Chloroform 
107302 
Chloromethyl methyl ether 
126998 
Chloroprene 
1319773 
Cresols/Cresylic acid (isomers and mixture) 
95487 
o-Cresol 
108394 
m-Cresol 
106445 
p-Cresol 
98828 
Cumene 
94757 
2,4-D, salts and esters 
3547044 
DDE 
334883 
Diazomethane 
132649 
Dibenzofurans 
96128 
1,2-Dibromo-3-chloropropane 
84742 
Dibutylphthalate 
106467 
1,4-Dichlorobenzene(p) 
91941 
3,3-Dichlorobenzidene 
111444 
Dichloroethyl ether (Bis(2-chloroethyl)ether) 
542756 
1,3-Dichloropropene 
62737 
Dichlorvos 
111422 
Diethanolamine 
121697 
N,N-Diethyl aniline (N,N-Dimethylaniline) 
64675 
Diethyl sulfate 
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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 
Antimony Compounds 
Arsenic Compounds (inorganic including arsine) 
Beryllium Compounds 
Cadmium Compounds 
Chromium Compounds 
Cobalt Compounds 
Coke Oven Emissions 
Cyanide Compounds 1 
Glycol ethers 2 
Lead Compounds 
Manganese Compounds 
Mercury Compounds 
Fine mineral fibers 3 
Nickel Compounds 
Polycylic Organic Matter 4 
Radionuclides (including radon) 5 
Selenium Compounds 
NOTE: For all listings above that contain the word ‘‘compounds’’ and for glycol ethers, the following ap-
plies: 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. 
5 A type of atom that spontaneously undergoes radioactive decay. 
(2) REVISION OF LIST.— 
(A) IN GENERAL.—The Administrator shall periodically review 
the list established by paragraph (1) and publish the results of the 
review and, where appropriate, revise the list by regulation, adding 
pollutants that present, or may present, through inhalation or 
other routes of exposure, a threat of— 
(i) adverse human health effects, including substances 
that— 
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(I) are known to be, or may reasonably be anticipated 
to be, carcinogenic, mutagenic, teratogenic, neurotoxic; 
(II) cause reproductive dysfunction; or 
(III) are acutely or chronically toxic; or 
(ii) adverse environmental effects, whether through— 
(I) ambient concentrations; 
(II) bioaccumulation; 
(III) deposition; or 
(IV) otherwise (not including releases subject to regu-
lation under subsection (q) as a result of emissions to 
the air). 
(B) POLLUTANTS LISTED UNDER SECTION 211108(a).— 
(i) IN GENERAL.—No air pollutant that is listed under sec-
tion 211108(a) of this title may be added to the list under 
this section. 
(ii) APPLICABILITY.—This subparagraph does not apply to 
any pollutant that— 
(I) independently meets the listing criteria of subpara-
graph (A) and is a precursor to a pollutant that is listed 
under section 211108(a) of this title; or 
(II) is in a class of pollutants listed under that sec-
tion. 
(C) SUBSTANCES, PRACTICES, PROCESSES, AND
ACTIVITIES 
REGULATED
UNDER
SUBDIVISION
7.—No substance, practice, 
process, or activity regulated under subdivision 7 shall be subject 
to regulation under this section solely due to its adverse effects on 
the environment. 
(3) PETITIONS TO MODIFY THE LIST.— 
(A) PETITION.—Any person may petition the Administrator to 
modify the list of hazardous air pollutants under this subsection 
by adding or deleting a substance or, in case of listed pollutants 
without CAS numbers (other than coke oven emissions, mineral fi-
bers, or polycyclic organic matter), removing certain unique sub-
stances. Any such petition shall include a showing by the peti-
tioner that there are adequate data on the health or environmental 
effects of the pollutant or other evidence adequate to support the 
petition. 
(B) ACTION BY THE ADMINISTRATOR.—Within 18 months after 
receipt of a petition, the Administrator shall grant or deny the pe-
tition by publishing a written explanation of the reasons for the 
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Administrator’s decision. The Administrator may not deny a peti-
tion solely on the basis of inadequate resources or time for review. 
(C) ADDITION OF SUBSTANCE.—The Administrator shall add a 
substance to the list on a showing by the petitioner or on the Ad-
ministrator’s own determination that— 
(i) the substance is an air pollutant; and 
(ii) emissions, ambient concentrations, bioaccumulation, or 
deposition of the substance are known to cause or may rea-
sonably be anticipated to cause adverse effects on human 
health or adverse environmental effects. 
(D) DELETION FROM LIST.— 
(i) IN GENERAL.—The Administrator shall delete a sub-
stance from the list on a showing by the petitioner or on the 
Administrator’s own determination that there are adequate 
data on the health and environmental effects of the substance 
to determine that emissions, ambient concentrations, bio-
accumulation, or deposition of the substance may not reason-
ably be anticipated to cause any adverse effects on human 
health or adverse environmental effects. 
(ii) CERTAIN UNIQUE CHEMICAL SUBSTANCES THAT CON-
TAIN A LISTED HAZARDOUS AIR POLLUTANT NOT HAVING A 
CAS NUMBER.—The Administrator shall delete from the list 
1 or more unique chemical substances that contain a listed 
hazardous air pollutant not having a CAS number (other 
than coke oven emissions, mineral fibers, or polycyclic organic 
matter) on a showing by the petitioner or on the Administra-
tor’s own determination that the unique chemical substances 
that contain the named chemical of the listed hazardous air 
pollutant meet the deletion requirements of clause (i). 
(4) FURTHER INFORMATION.—If the Administrator determines that 
information on the health or environmental effects of a substance is not 
sufficient to make a determination required by this subsection, the Ad-
ministrator may use any authority available to the Administrator to ac-
quire such information. 
(5) TEST METHODS.—The Administrator may establish, by regula-
tion, test measures and other analytic procedures for monitoring and 
measuring emissions, ambient concentrations, deposition, and bio-
accumulation of hazardous air pollutants. 
(6) PREVENTION OF SIGNIFICANT DETERIORATION.—Chapter 213 
shall not apply to a pollutant listed under this section. 
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(7) LEAD.—The Administrator may not list elemental lead as a haz-
ardous air pollutant under this subsection. 
(c) LIST OF SOURCE CATEGORIES.— 
(1) PUBLICATION AND REVISION.— 
(A) IN GENERAL.—The Administrator shall publish, and shall 
from time to time, but not less often than every 8 years, revise, 
if appropriate, in response to public comment or new information, 
a list of all categories and subcategories of major sources and area 
sources (listed under paragraph (3)) of the air pollutants listed 
pursuant to subsection (b). 
(B) CONSISTENCY.— 
(i) IN GENERAL.—To the extent practicable, the categories 
and subcategories listed under this subsection shall be con-
sistent with the list of source categories established pursuant 
to section 211111 of this title and chapter 213. 
(ii) EFFECT.—Nothing in clause (i) limits the Administra-
tor’s authority to establish subcategories under this section, 
as appropriate. 
(2) REQUIREMENT FOR EMISSION STANDARDS.—For the categories 
and subcategories that the Administrator lists, the Administrator shall 
establish emission standards under subsection (d), according to the 
schedule in this subsection and subsection (e). 
(3) AREA SOURCES.—The Administrator shall list under this sub-
section each category or subcategory of area sources that the Adminis-
trator finds presents a threat of adverse effects on human health or 
the environment (by such sources individually or in the aggregate) war-
ranting regulation under this section. The Administrator shall, pursu-
ant to subsection (j)(3)(B), list, based on actual or estimated aggregate 
emissions of a listed pollutant or pollutants, sufficient categories or 
subcategories of area sources to ensure that area sources representing 
90 percent of the area source emissions of the 30 hazardous air pollut-
ants that present the greatest threat to public health in the largest 
number of urban areas are subject to regulation under this section. 
(4) PREVIOUSLY REGULATED SOURCES.—The Administrator may list 
any category or subcategory of sources regulated under section 112 of 
the Clean Air Act (42 U.S.C. 7412) (as in effect before November 15, 
1990). 
(5) ADDITIONAL CATEGORIES.—In addition to the categories and 
subcategories of sources listed for regulation pursuant to paragraphs 
(1) and (3), the Administrator may at any time list additional cat-
egories and subcategories of sources of hazardous air pollutants accord-
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ing to the criteria for listing applicable under those paragraphs. In the 
case of source categories and subcategories listed after publication of 
the initial list required under paragraph (1) or (3), emission standards 
under subsection (d) for the category or subcategory shall be promul-
gated within 2 years after the date on which the category or sub-
category is listed. 
(6) SPECIFIC POLLUTANTS.— 
(A) IN GENERAL.—With respect to alkylated lead compounds, 
polycyclic organic matter, hexachlorobenzene, mercury, poly-
chlorinated 
biphenyls, 
2,3,7,8-tetrachlorodibenzofurans, 
and 
2,3,7,8-tetrachlorodibenzo-p-dioxin, the Administrator shall list 
categories and subcategories of sources ensuring that sources ac-
counting for not less than 90 percent of the aggregate emissions 
of each such pollutant are subject to standards under paragraph 
(2) or (4) of subsection (d). 
(B) EFFECT OF PARAGRAPH.—This paragraph shall not be con-
strued to require the Administrator to promulgate standards for 
pollutants described in subparagraph (A) emitted by electric utility 
steam generating units. 
(7) RESEARCH OR LABORATORY FACILITIES.— 
(A) DEFINITION OF RESEARCH OR LABORATORY FACILITY.—In 
this paragraph, the term ‘‘research or laboratory facility’’ means 
a stationary source the primary purpose of which is to conduct re-
search and development into a new process or products, where if 
the source— 
(i) is operated under the close supervision of technically 
trained personnel; and 
(ii) is not engaged in the manufacture of a product for 
commercial sale in commerce, except in a de minimis manner. 
(B) SEPARATE CATEGORY.—The Administrator shall establish a 
separate category covering research or laboratory facilities as nec-
essary to ensure the equitable treatment of such facilities. 
(8) BOAT MANUFACTURING.—When establishing emission standards 
for styrene, the Administrator shall list boat manufacturing as a sepa-
rate subcategory unless the Administrator finds that such a listing 
would be inconsistent with the goals and requirements of this division. 
(9) DELETION FROM LIST.— 
(A) UNIQUE CHEMICAL SUBSTANCES.—Where the sole reason 
for the inclusion of a source category on the list required under 
this subsection is the emission of a unique chemical substance, the 
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Administrator shall delete the source category from the list if it 
is appropriate because of action taken under subsection (b)(3)(D). 
(B) ANY SOURCE CATEGORY.— 
(i) IN
GENERAL.—The Administrator may delete any 
source category from the list under this subsection, on peti-
tion of any person or on the Administrator’s own motion, 
whenever the Administrator makes the following determina-
tion or determinations, as applicable: 
(I) In the case of hazardous air pollutants emitted by 
sources in the category that may result in cancer in hu-
mans, a determination that no source in the category (or 
group of sources in the case of area sources) emits such 
hazardous air pollutants in quantities that may cause a 
lifetime risk of cancer greater than 1 in 1,000,000 to the 
individual in the population who is most exposed to emis-
sions of the pollutants from the source (or group of 
sources in the case of an area source). 
(II) In the case of hazardous air pollutants that may 
result in adverse health effects in humans (other than 
cancer) or adverse environmental effects, a determination 
that emissions from no source in the category or sub-
category (or group of sources in the case of area sources) 
exceed a level that is adequate to protect public health 
with an ample margin of safety, and no adverse environ-
mental effect will result from emissions from any source 
(or from a group of sources in the case of an area 
source). 
(ii) GRANT OR DENIAL.—The Administrator shall grant or 
deny a petition under this subparagraph within 1 year after 
the petition is filed. 
(d) EMISSION STANDARDS.— 
(1) REGULATIONS.— 
(A) IN GENERAL.—The Administrator shall promulgate regula-
tions establishing emission standards for each category or sub-
category of major sources and area sources of hazardous air pol-
lutants listed for regulation pursuant to subsection (c). 
(B) CLASSES, TYPES, AND SIZES.—The Administrator may dis-
tinguish among classes, types, and sizes of sources within a cat-
egory or subcategory in establishing the emission standards, ex-
cept that there shall be no delay in the compliance date for any 
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standard applicable to any source under subsection (i) as the re-
sult of the authority provided by this subparagraph. 
(2) STANDARDS AND METHODS.— 
(A) IN GENERAL.—Emission standards promulgated under this 
subsection and applicable to new sources or existing sources of 
hazardous air pollutants shall require the maximum degree of re-
duction in emissions of hazardous air pollutants subject to this 
section (including a prohibition on such emissions, where achiev-
able) that the Administrator, taking into consideration the cost of 
achieving such emission reduction, and any non-air-quality health 
and environmental impacts and energy requirements, determines is 
achievable for new sources or existing sources in the category or 
subcategory to which the emission standard applies, through appli-
cation of measures, processes, methods, systems or techniques, in-
cluding measures that— 
(i) reduce the volume of, or eliminate emissions of, such 
pollutants through process changes, substitution of materials, 
or other modifications; 
(ii) enclose systems or processes to eliminate emissions; 
(iii) collect, capture, or treat such pollutants when released 
from a process, stack, storage, or fugitive emissions point; 
(iv) are design, equipment, work practice, or operational 
standards (including requirements for operator training or 
certification) as provided in subsection (h); or 
(v) are a combination of the measures described in clauses 
(i) through (iv). 
(B) NO COMPROMISE OF INTELLECTUAL PROPERTY RIGHTS.— 
None of the measures described in clauses (i) through (iv) of sub-
paragraph (A) shall, consistent with section 211114(c) of this 
title, in any way compromise any United States patent or United 
States trademark right, or confidential business information, trade 
secret, or other intellectual property right. 
(3) NEW SOURCES AND EXISTING SOURCES.— 
(A) NEW
SOURCES.—The maximum degree of reduction in 
emissions that is considered achievable for new sources in a cat-
egory or subcategory shall not be less stringent than the emission 
control that is achieved in practice by the best controlled similar 
source, as determined by the Administrator. 
(B) EXISTING SOURCES.—An emission standard promulgated 
under this subsection for existing sources in a category or sub-
category— 
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(i) may be less stringent than standards for new sources 
in the same category or subcategory; but 
(ii) shall not be less stringent, and may be more stringent, 
than— 
(I) the average emission limitation achieved by the 
best performing 12 percent of the existing sources (for 
which the Administrator has emissions information), ex-
cluding sources that have, within 18 months before the 
emission standard is proposed or within 30 months be-
fore the emission standard is promulgated, whichever is 
later, first achieved a level of emission rate or emission 
reduction that complies, or would comply if the source is 
not subject to the standard, with the lowest achievable 
emission rate (as defined in section 215101 of this title) 
applicable to the source category and prevailing at the 
time, in the category or subcategory for categories and 
subcategories with 30 or more sources; or 
(II) the average emission limitation achieved by the 
best performing 5 sources (for which the Administrator 
has or could reasonably obtain emissions information) in 
the category or subcategory for categories or subcat-
egories with fewer than 30 sources. 
(4) HEALTH THRESHOLD.—With respect to pollutants for which a 
health threshold has been established, the Administrator may consider 
that threshold level, with an ample margin of safety, when establishing 
emission standards under this subsection. 
(5) ALTERNATIVE STANDARD FOR AREA SOURCES.—With respect 
only to categories and subcategories of area sources listed pursuant to 
subsection (c), the Administrator may, in lieu of the authorities pro-
vided in paragraph (2) and subsection (f), elect to promulgate stand-
ards or requirements applicable to sources in categories or subcat-
egories that provide for the use of generally available control tech-
nologies or management practices by those sources to reduce emissions 
of hazardous air pollutants. 
(6) REVIEW AND REVISION.—The Administrator shall review, and re-
vise as necessary (taking into account developments in practices, proc-
esses, and control technologies), emission standards promulgated under 
this section not less often than every 8 years. 
(7) OTHER REQUIREMENTS.—No emission standard or other require-
ment promulgated under this section shall be interpreted, construed, or 
applied to diminish or replace the requirements of— 
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(A) a more stringent emission limitation or other applicable re-
quirement established pursuant to section 211111 of this title, 
chapter 213 or 215, or other authority of this division; or 
(B) a standard issued under State authority. 
(8) COKE OVENS.— 
(A) REGULATIONS ESTABLISHING EMISSION STANDARDS.— 
(i) IN GENERAL.—The Administrator shall promulgate reg-
ulations establishing emission standards under paragraphs 
(2) and (3) for coke oven batteries. 
(ii) EVALUATIONS.—In establishing such standards, the 
Administrator shall evaluate— 
(I) the use of sodium silicate (or equivalent) luting 
compounds to prevent door leaks, and other operating 
practices and technologies for their effectiveness in re-
ducing coke oven emissions, and their suitability for use 
on new and existing coke oven batteries, taking into ac-
count costs and reasonable commercial door warranties; 
and 
(II) as a basis for emission standards under this sub-
section for new coke oven batteries that begin construc-
tion after the date of proposal of the standards, the 
Jewell design Thompson non-recovery coke oven batteries 
and other non-recovery coke oven technologies, and other 
appropriate emission control and coke production tech-
nologies, as to their effectiveness in reducing coke oven 
emissions and their capability for production of steel 
quality coke. 
(iii) MINIMUM REQUIREMENTS.—The regulations shall re-
quire at a minimum that coke oven batteries will not exceed 
8 percent leaking doors, 1 percent leaking lids, 5 percent 
leaking offtakes, and 16 seconds visible emissions per charge, 
with no exclusion for emissions during the period after the 
closing of self-sealing oven doors. 
(B) WORK PRACTICE REGULATIONS.—The Administrator shall 
promulgate work practice regulations under this subsection for 
coke oven batteries requiring, as appropriate— 
(i) the use of sodium silicate (or equivalent) luting com-
pounds, if the Administrator determines that use of sodium 
silicate is an effective means of emission control and is 
achievable, taking into account costs and reasonable commer-
cial warranties for doors and related equipment; and 
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(ii) door and jam cleaning practices. 
(C) COKE OVEN BATTERIES ELECTING TO QUALIFY FOR COM-
PLIANCE DATE EXTENSION.—For coke oven batteries electing to 
qualify for an extension of the compliance date for standards pro-
mulgated under subsection (f) in accordance with subsection 
(i)(8), the emission standards under this subsection for coke oven 
batteries shall require that coke oven batteries not exceed— 
(i) 8 percent leaking doors; 
(ii) 1 percent leaking lids; 
(iii) 5 percent leaking offtakes; and 
(iv) 16 seconds visible emissions per charge; 
with no exclusion for emissions during the period after the closing 
of self-sealing doors. 
(9) SOURCES LICENSED BY THE NUCLEAR REGULATORY COMMIS-
SION.—No standard for radionuclide emissions from any category or 
subcategory of facilities licensed by the Nuclear Regulatory Commission 
(or an Agreement State) is required to be promulgated under this sec-
tion if the Administrator determines, by regulation, and after consulta-
tion with the Nuclear Regulatory Commission, that the regulatory pro-
gram established by the Nuclear Regulatory Commission pursuant to 
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) for the cat-
egory or subcategory provides an ample margin of safety to protect the 
public health. Nothing in this subsection precludes or denies the right 
of any State or political subdivision thereof to adopt or enforce any 
standard or limitation respecting emissions of radionuclides that is 
more stringent than the standard or limitation in effect under section 
211111 of this title or this section. 
(10) EFFECTIVE DATE.—Emission standards or other regulations 
promulgated under this subsection shall be effective on promulgation. 
(e) PRIORITIES; JUDICIAL REVIEW.— 
(1) PRIORITIES.—In determining priorities for promulgating stand-
ards under subsection (d), the Administrator shall consider— 
(A) the known or anticipated adverse effects of pollutants on 
public health and the environment; 
(B) the quantity and location of emissions or reasonably antici-
pated emissions of hazardous air pollutants that each category or 
subcategory will emit; and 
(C) the efficiency of grouping categories or subcategories ac-
cording to the pollutants emitted, or the processes or technologies 
used. 
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(2) JUDICIAL
REVIEW.—Notwithstanding section 203102 of this 
title, no action of the Administrator adding a pollutant to the list under 
subsection (b) or listing a source category or subcategory under sub-
section (c) shall be a final agency action subject to judicial review, ex-
cept that any such action may be reviewed under section 211113 of 
this title when the Administrator issues emission standards for such a 
pollutant or category. 
(f) EMISSION STANDARDS TO PROTECT HEALTH AND ENVIRONMENT.— 
(1) REPORT.—The Administrator shall investigate and report, after 
consultation with the Surgeon General and after opportunity for public 
comment, to Congress on— 
(A) methods of calculating the risk to public health remaining, 
or likely to remain, from sources subject to regulation under this 
section after the application of standards under subsection (d); 
(B) the public health significance of such estimated remaining 
risk and the technologically and commercially available methods 
and costs of reducing such risks; 
(C) the actual health effects with respect to persons living in the 
vicinity of sources, any available epidemiological or other health 
studies, risks presented by background concentrations of haz-
ardous air pollutants, any uncertainties in risk assessment meth-
odology or other health assessment technique, and any negative 
health or environmental consequences to the community of efforts 
to reduce such risks; and 
(D) recommendations as to legislation regarding the remaining 
risk. 
(2) EMISSION STANDARDS.— 
(A) IN
GENERAL.—If Congress does not act on any rec-
ommendation submitted under paragraph (1), the Administrator 
shall, within 8 years after promulgation of emission standards for 
each category or subcategory of sources pursuant to subsection 
(d), promulgate emission standards for the category or sub-
category if promulgation of emission standards is required to pro-
vide an ample margin of safety to protect public health in accord-
ance with section 112 of the Clean Air Act (42 U.S.C. 7412) (as 
in effect before November 15, 1990) or to prevent, taking into 
consideration costs, energy, safety, and other relevant factors, an 
adverse environmental effect. Emission standards promulgated 
under this subsection shall provide an ample margin of safety to 
protect public health in accordance with section 112 of the Clean 
Air Act (42 U.S.C. 7412) (as in effect before November 15, 
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1990), unless the Administrator determines that a more stringent 
emission standard is necessary to prevent, taking into consider-
ation costs, energy, safety, and other relevant factors, an adverse 
environmental effect. If emission standards promulgated pursuant 
to subsection (d) and applicable to a category or subcategory of 
sources emitting a pollutant (or pollutants) classified as a known, 
probable, or possible human carcinogen do not reduce lifetime ex-
cess cancer risks to the individual most exposed to emissions from 
a source in the category or subcategory to less than 1 in 
1,000,000, the Administrator shall promulgate emission standards 
under this subsection for that source category. 
(B) EFFECT OF SECTION.—Nothing in subparagraph (A) or in 
any other provision of this section shall be construed as affecting, 
or applying to the Administrator’s interpretation of section 112 of 
the Clean Air Act (42 U.S.C. 7412) (as in effect before November 
15, 1990), and set forth in the Federal Register of September 14, 
1989 (54 Fed. Reg. 38044). 
(C) DEADLINES.— 
(i) IN
GENERAL.—The Administrator shall determine 
whether or not to promulgate emission standards under sub-
paragraph (A) and, if the Administrator decides to promul-
gate emission standards, shall promulgate the emission stand-
ards 8 years after promulgation of the emission standards 
under subsection (d) for each source category or subcategory 
concerned. 
(ii) CATEGORIES OR SUBCATEGORIES FOR WHICH STAND-
ARDS UNDER SUBSECTION (d) WERE REQUIRED TO BE PRO-
MULGATED WITHIN 2 YEARS AFTER NOVEMBER 15, 1990.—In 
the case of categories or subcategories for which standards 
under subsection (d) were required to be promulgated within 
2 years after November 15, 1990, the Administrator shall 
have 9 years after promulgation of the emission standards 
under subsection (d) to make the determination under clause 
(i) and, if required, to promulgate the emission standards 
under this paragraph. 
(3) EFFECTIVE DATE.—Any emission standard established pursuant 
to this subsection shall become effective on promulgation. 
(4) PROHIBITION.— 
(A) IN GENERAL.—Except as provided in subparagraph (B), no 
air pollutant to which an emission standard under this subsection 
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applies may be emitted from any stationary source in violation of 
the emission standard. 
(B) EXISTING SOURCES.—In the case of an existing source— 
(i) the emission standard shall not apply until 90 days 
after its effective date; and 
(ii) the Administrator may grant a waiver permitting an 
existing source a period of up to 2 years after the effective 
date of an emission standard to comply with the emission 
standard if the Administrator finds that such a period is nec-
essary for the installation of controls and that steps will be 
taken during the period of the waiver to ensure that the 
health 
of 
persons 
will 
be 
protected 
from 
imminent 
endangerment. 
(5) AREA SOURCES.—The Administrator is not required to conduct 
any review under this subsection or promulgate emission limitations 
under this subsection for any category or subcategory of area sources 
that is listed pursuant to subsection (c)(3) and for which an emission 
standard is promulgated pursuant to subsection (d)(5). 
(6) UNIQUE
CHEMICAL
SUBSTANCES.—In establishing emission 
standards for the control of unique chemical substances of listed pollut-
ants without CAS numbers under this subsection, the Administrator 
shall establish the emission standards with respect to the health and 
environmental effects of the substances actually emitted by sources and 
direct transformation byproducts of such emissions in the categories 
and subcategories. 
(g) MODIFICATIONS.— 
(1) OFFSETS.— 
(A) CHANGE NOT A MODIFICATION.— 
(i) IN GENERAL.—A physical change in, or change in the 
method of operation of, a major source that results in a 
greater than de minimis increase in actual emissions of a haz-
ardous air pollutant shall not be considered a modification, if 
the increase in the quantity of actual emissions of any haz-
ardous air pollutant from the source will be offset by an equal 
or greater decrease in the quantity of emissions of another 
hazardous air pollutant (or pollutants) from the source that 
is considered more hazardous, pursuant to guidance issued by 
the Administrator under subparagraph (B). 
(ii) SHOWING.—The owner or operator of the source shall 
submit a showing to the Administrator (or the State) that an 
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increase described in clause (i) has been offset as described 
in that clause. 
(B) GUIDANCE.—The Administrator shall, after notice and op-
portunity for comment, publish guidance with respect to imple-
mentation of this subsection. The guidance shall include an identi-
fication, to the extent practicable, of the relative hazard to human 
health resulting from emissions to the ambient air of each of the 
pollutants listed under subsection (b) sufficient to facilitate the 
offset showing authorized by subparagraph (A). The guidance 
shall not authorize offsets between pollutants where the increased 
pollutant (or more than 1 pollutant in a stream of pollutants) 
causes adverse effects on human health for which no safety thresh-
old for exposure can be determined unless there are corresponding 
decreases in those types of pollutants. 
(2) MODIFICATION; CONSTRUCTION OR RECONSTRUCTION.— 
(A) MODIFICATION.—No person may modify a major source of 
hazardous air pollutants in a State unless the Administrator or 
the State determines that the maximum achievable control tech-
nology emission limitation under this section for existing sources 
will be met. Such a determination shall be made on a case-by-case 
basis where no applicable emission limitations have been estab-
lished by the Administrator. 
(B) CONSTRUCTION
OR
RECONSTRUCTION.—No person may 
construct or reconstruct any major source of hazardous air pollut-
ants in a State unless the Administrator or the State determines 
that the maximum achievable control technology emission limita-
tion under this section for new sources will be met. Such a deter-
mination shall be made on a case-by-case basis where no applica-
ble emission limitations have been established by the Adminis-
trator. 
(3) PROCEDURES FOR MODIFICATION.—The Administrator (or the 
State) shall establish reasonable procedures for ensuring that the re-
quirements applying to modifications under this section are reflected in 
the permit. 
(h) WORK PRACTICE STANDARDS AND OTHER REQUIREMENTS.— 
(1) IN GENERAL.—For purposes of this section, if it is not feasible 
in the judgment of the Administrator to prescribe or enforce an emis-
sion standard for control of a hazardous air pollutant or pollutants, the 
Administrator may, in lieu of prescribing or enforcing an emission 
standard, promulgate a design, equipment, work practice, or oper-
ational standard, or combination thereof, that in the Administrator’s 
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judgment is consistent with subsection (d) or (f). If the Administrator 
promulgates a design or equipment standard under this subsection, the 
Administrator shall include as part of the design or equipment stand-
ard such requirements as will ensure the proper operation and mainte-
nance of any such element of design or equipment. 
(2) EMISSION STANDARD NOT FEASIBLE.—For the purpose of this 
subsection, the Administrator may determine that it is not feasible to 
prescribe or enforce an emission standard in any situation in which the 
Administrator determines that— 
(A)(i) a hazardous air pollutant or pollutants cannot be emitted 
through a conveyance designed and constructed to emit or capture 
the pollutant; or 
(ii) any requirement for, or use of, such a conveyance would be 
inconsistent with any Federal, State, or local law; or 
(B) the application of measurement methodology to a particular 
class of sources is not practicable due to technological and eco-
nomic limitations. 
(3) ALTERNATIVE STANDARD.—If after notice and opportunity for 
comment, the owner or operator of any source establishes to the satis-
faction of the Administrator that an alternative means of emission limi-
tation will achieve a reduction in emissions of any air pollutant at least 
equivalent to the reduction in emissions of the pollutant achieved under 
the requirements of paragraph (1), the Administrator shall permit the 
use of the alternative by the source for purposes of compliance with 
this section with respect to that pollutant. 
(4) NUMERICAL STANDARD.—Any standard promulgated under para-
graph (1) shall be promulgated in terms of an emission standard when-
ever it is feasible to promulgate and enforce a standard in such terms. 
(i) SCHEDULE FOR COMPLIANCE.— 
(1) PRECONSTRUCTION AND OPERATING REQUIREMENTS.—After the 
effective date of any emission standard, limitation, or regulation under 
subsection (d), (f), or (h), no person may construct any new major 
source or reconstruct any existing major source subject to the emission 
standard, regulation, or limitation unless the Administrator (or a State 
with a permit program approved under subdivision 6) determines that 
the source, if properly constructed, reconstructed, and operated, will 
comply with the standard, regulation, or limitation. 
(2) SPECIAL RULE.—Notwithstanding paragraph (1), a new source 
that commences construction or reconstruction after a standard, limita-
tion, or regulation applicable to the source is proposed and before the 
standard, limitation, or regulation is promulgated shall not be required 
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to comply with the promulgated standard until the date that is 3 years 
after the date of promulgation if— 
(A) the promulgated standard, limitation, or regulation is more 
stringent than the standard, limitation, or regulation proposed; 
and 
(B) the source complies with the standard, limitation, or regula-
tion as proposed during the 3-year period immediately after pro-
mulgation. 
(3) COMPLIANCE SCHEDULE FOR EXISTING SOURCES.— 
(A) PROHIBITION.—After the effective date of any emission 
standard, limitation, or regulation promulgated under this section 
and applicable to a source, no person may operate the source in 
violation of the standard, limitation, or regulation except that, in 
the case of an existing source, the Administrator shall establish a 
compliance date or dates for each category or subcategory of exist-
ing sources, which shall provide for compliance as expeditiously as 
practicable, but in no event later than 3 years after the effective 
date of the standard, limitation, or regulation, except as provided 
in subparagraph (B) and paragraphs (4) through (8). 
(B) EXTENSION PERMIT.—The Administrator (or a State with 
a program approved under subdivision 6) may issue a permit that 
grants an extension permitting an existing source up to 1 addi-
tional year to comply with standards under subsection (d) if such 
an additional period is necessary for the installation of controls. 
An additional extension of up to 3 years may be added for mining 
waste operations, if the 4-year compliance time is insufficient to 
dry and cover mining waste in order to reduce emissions of any 
pollutant listed under subsection (b). 
(4) PRESIDENTIAL EXEMPTION.—The President may exempt any 
stationary source from compliance with any standard or limitation 
under this section for a period of not more than 2 years if the Presi-
dent determines that the technology to implement the standard is not 
available and that it is in the national security interests of the United 
States to do so. An exemption under this paragraph may be extended 
for 1 or more additional periods, each period not to exceed 2 years. 
The President shall report to Congress with respect to each exemption 
(or extension thereof) made under this paragraph. 
(5) EARLY REDUCTION.— 
(A) IN GENERAL.— 
(i) PERMIT.—The Administrator (or a State acting pursu-
ant to a permit program approved under subdivision 6) shall 
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issue a permit allowing an existing source, for which the 
owner or operator demonstrates that the source has achieved 
a reduction of 90 percent or more in emissions of hazardous 
air pollutants (95 percent in the case of hazardous air pollut-
ants that are particulates) from the source, to meet an alter-
native emission limitation reflecting the reduction in lieu of 
an emission limitation promulgated under subsection (d) for 
a period of 6 years after the compliance date for the other-
wise applicable standard, if reduction is achieved before the 
otherwise applicable standard under subsection (d) is first 
proposed. 
(ii) EFFECT OF PARAGRAPH.—Nothing in this paragraph 
precludes a State from requiring reductions in excess of those 
specified in this subparagraph as a condition of granting the 
extension authorized by clause (i). 
(B) REDUCTION DETERMINATION.—The reduction shall be de-
termined with respect to verifiable and actual emissions in a base 
year not earlier than calendar year 1987, so long as there is no 
evidence that emissions in the base year are artificially or substan-
tially greater than emissions in other years prior to implementa-
tion of emissions reduction measures. The Administrator may 
allow a source to use a baseline year of 1985 or 1986 if the source 
can demonstrate to the satisfaction of the Administrator that 
emissions data for the source reflect verifiable data based on infor-
mation for the source, received by the Administrator prior to No-
vember 15, 1990, pursuant to an information request issued under 
section 211114 of this title. 
(C) ENFORCEABLE
EMISSION
LIMITATION.—For each source 
granted an alternative emission limitation under this paragraph 
there shall be established by a permit issued pursuant to subdivi-
sion 6 an enforceable emission limitation for hazardous air pollut-
ants reflecting the reduction that qualifies the source for an alter-
native emission limitation under this paragraph. An alternative 
emission limitation under this paragraph shall not be available 
with respect to standards or requirements promulgated pursuant 
to subsection (f), and the Administrator shall, for the purpose of 
determining whether a standard under subsection (f) is necessary, 
review emissions from sources granted an alternative emission lim-
itation under this paragraph at the same time that other sources 
in the category or subcategory are reviewed. 
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(D) LIMITATION.—With respect to pollutants for which high 
risks of adverse public health effects may be associated with expo-
sure to small quantities, including chlorinated dioxins and furans, 
the Administrator shall by regulation limit the use of offsetting re-
ductions in emissions of other hazardous air pollutants from the 
source as counting toward the 90 percent reduction in such high- 
risk pollutants qualifying for an alternative emission limitation 
under this paragraph. 
(6) OTHER REDUCTIONS.—Notwithstanding the requirements of this 
section, no existing source that has installed— 
(A) best available control technology (as defined in section 
213102 of this title); or 
(B) technology required to meet a lowest achievable emission 
rate (as defined in section 215101 of this title); 
prior to the promulgation of a standard under this section applicable 
to the source and the same pollutant (or stream of pollutants) con-
trolled pursuant to an action described in subparagraph (A) or (B) 
shall be required to comply with the standard under this section until 
the date that is 5 years after the date on which the installation or re-
duction has been achieved, as determined by the Administrator. The 
Administrator may issue such regulations and guidance as are nec-
essary to implement this paragraph. 
(7) EXTENSION FOR NEW SOURCES.—A source for which construc-
tion or reconstruction is commenced after the date an emission stand-
ard applicable to the source is proposed pursuant to subsection (d) but 
before the date on which an emission standard applicable to the source 
is proposed pursuant to subsection (f) shall not be required to comply 
with the emission standard under subsection (f) until the date that is 
10 years after the date on which construction or reconstruction is com-
menced. 
(8) COKE OVENS.— 
(A) DATE FOR ACHIEVEMENT OF EMISSION LIMITATIONS.—Any 
coke oven battery that complies with the emission limitations es-
tablished under subsection (d)(8)(C) and subparagraph (B) shall 
not be required to achieve emission limitations promulgated under 
subsection (f) until January 1, 2020. 
(B) INTERIM EMISSION LIMITATIONS.— 
(i) IN
GENERAL.—The Administrator shall promulgate 
emission limitations for coke oven emissions from coke oven 
batteries. The emission limitations shall reflect the lowest 
achievable emission rate (as defined in section 215101 of this 
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title) for a coke oven battery that is rebuilt or a replacement 
at a coke oven plant for an existing battery. 
(ii) STRINGENCY.—The emission limitations under clause 
(i) shall be no less stringent than— 
(I) 3 percent leaking doors (5 percent leaking doors 
for 6-meter batteries); 
(II) 1 percent leaking lids; 
(III) 4 percent leaking offtakes; and 
(IV) 16 seconds visible emissions per charge; 
with an exclusion for emissions during the period after the 
closing of self-sealing oven doors (or the total mass emissions 
equivalent). 
(iii) MEASUREMENT
METHODOLOGY; TERMS.—The rule-
making in which the emission limitations are promulgated 
shall establish an appropriate measurement methodology for 
determining compliance with the emission limitations, and 
shall establish such emission limitations in terms of an equiv-
alent level of mass emissions reduction from a coke oven bat-
tery, unless the Administrator finds that such a mass emis-
sion standard would not be practicable or enforceable. The 
measurement methodology, to the extent it measures leaking 
doors, shall take into consideration alternative test methods 
that reflect the best technology and practices actually applied 
in the affected industries, and shall ensure that the final test 
methods are consistent with the performance of such best 
technology and practices. 
(iv) REVIEW AND REVISION.—The Administrator shall re-
view the emission limitations promulgated under clause (i) 
and revise, as necessary, the emission limitations to reflect 
the lowest achievable emission rate (as defined in section 
215101 of this title) at the time for a coke oven battery that 
is rebuilt or a replacement at a coke oven plant for an exist-
ing battery. Such emission limitations shall be no less strin-
gent than the emission limitation promulgated under clause 
(i). Notwithstanding paragraph (2), the compliance date for 
such emission limitations for existing coke oven batteries shall 
be January 1, 2010. 
(C) ELECTION TO COMPLY.—Prior to January 1, 1998, the 
owner or operator of any coke oven battery may elect to comply 
with emission limitations promulgated under subsection (f) by the 
date on which those emission limitations would otherwise apply to 
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the coke oven battery, in lieu of the emission limitations and the 
compliance dates provided under subparagraph (B). Any such 
owner or operator shall be legally bound to comply with the emis-
sion limitations promulgated under subsection (f) with respect to 
that coke oven battery. If no such emission limitations have been 
promulgated for the coke oven battery, the Administrator shall 
promulgate such emission limitations in accordance with sub-
section (f) for that coke oven battery. 
(D) EFFECT OF RECONSTRUCTION.— 
(i) DEFINITION OF RECONSTRUCTION.—In this subpara-
graph, the term ‘‘reconstruction’’ includes the replacement of 
existing coke oven battery capacity with new coke oven bat-
teries of comparable or lower capacity and lower potential 
emissions. 
(ii) EFFECT.—Notwithstanding this section, reconstruction 
of any source of coke oven emissions qualifying for an exten-
sion under this paragraph shall not subject the source to 
emission limitations under subsection (f) that are more strin-
gent than those established under subparagraph (B) until 
January 1, 2020. 
(j) AREA SOURCE PROGRAM.— 
(1) FINDINGS AND PURPOSE.—Congress finds that emissions of haz-
ardous air pollutants from area sources may individually, or in the ag-
gregate, present significant risks to public health in urban areas. Con-
sidering the large number of persons exposed and the risks of carcino-
genic and other adverse health effects from hazardous air pollutants, 
ambient concentrations characteristic of large urban areas should be 
reduced to levels substantially below those currently experienced. It is 
the purpose of this subsection to achieve a substantial reduction in 
emissions of hazardous air pollutants from area sources and an equiva-
lent reduction in the public health risks associated with area sources, 
including a reduction of not less than 75 percent in the incidence of 
cancer attributable to emissions from area sources. 
(2) RESEARCH PROGRAM.— 
(A) IN GENERAL.—The Administrator shall, after consultation 
with State and local air pollution control officials, conduct a pro-
gram of research with respect to sources of hazardous air pollut-
ants in urban areas that includes within the program— 
(i) ambient monitoring for a broad range of hazardous air 
pollutants (including volatile organic compounds, metals, pes-
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ticides, and products of incomplete combustion) in a rep-
resentative number of urban locations; 
(ii) analysis to characterize the sources of such pollution 
with a focus on area sources and the contribution that area 
sources make to public health risks from hazardous air pollut-
ants; and 
(iii) consideration of atmospheric transformation and other 
factors that can elevate public health risks from such pollut-
ants. 
(B) HEALTH EFFECTS TO BE CONSIDERED.—The health effects 
considered under the program include carcinogenicity, mutage-
nicity, teratogenicity, neurotoxicity, reproductive dysfunction, and 
other acute and chronic effects, including the role of such pollut-
ants as precursors of ozone or acid aerosol formation. 
(3) NATIONAL STRATEGY.— 
(A) IN GENERAL.—Considering information collected pursuant 
to the monitoring program authorized by paragraph (2), the Ad-
ministrator shall, after notice and opportunity for public comment, 
submit to Congress a comprehensive strategy to control emissions 
of hazardous air pollutants from area sources in urban areas. 
(B) CONTENTS.— 
(i) IN GENERAL.—The strategy shall— 
(I) identify not less than 30 hazardous air pollutants 
that, as the result of emissions from area sources, 
present the greatest threat to public health in the largest 
number of urban areas and that are or will be listed pur-
suant to subsection (b); and 
(II) identify the source categories or subcategories 
emitting such pollutants that are or will be listed pursu-
ant to subsection (c). 
(ii) PERCENTAGE OF SOURCES SUBJECT TO STANDARDS.— 
When identifying categories and subcategories of sources 
under this subparagraph, the Administrator shall ensure that 
sources accounting for 90 percent or more of the aggregate 
emissions of each of the 30 identified hazardous air pollutants 
are subject to standards pursuant to subsection (d). 
(C) REQUIREMENTS.—The strategy shall— 
(i) include a schedule of specific actions to substantially re-
duce the public health risks posed by the release of hazardous 
air pollutants from area sources that will be implemented by 
the Administrator under the authority of this division or 
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other laws (including the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.), the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136 et seq.), and the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.)) or by the States; and 
(ii) achieve a reduction in the incidence of cancer attrib-
utable to exposure to hazardous air pollutants emitted by sta-
tionary sources of not less than 75 percent, considering con-
trol of emissions of hazardous air pollutants from all sta-
tionary sources and resulting from measures implemented by 
the Administrator or by the States under this division or 
other laws. 
(D) RESEARCH NEEDS.—The strategy may identify research 
needs in monitoring, analytical methodology, modeling, or pollution 
control techniques and make recommendations for changes in law 
that would further the goals and objectives of this subsection. 
(E) EFFECT OF SUBSECTION.—Nothing in this subsection shall 
be interpreted to preclude or delay implementation of actions with 
respect to area sources of hazardous air pollutants under consider-
ation pursuant to this or any other law and that may be promul-
gated before the strategy is prepared. 
(F) IMPLEMENTATION.—The Administrator shall implement the 
strategy as expeditiously as practicable, ensuring that all sources 
are in compliance with all requirements. 
(G) AMBIENT
MONITORING
AND
EMISSIONS
MODELING.—As 
part of the strategy, the Administrator shall provide for ambient 
monitoring and emissions modeling in urban areas as appropriate 
to demonstrate that the goals and objectives of the strategy are 
being met. 
(4) AREAWIDE ACTIVITIES.—The Administrator shall encourage and 
support areawide strategies developed by State or local air pollution 
control agencies that are intended to reduce risks from emissions by 
area sources within a particular urban area. From the funds available 
for grants under this section, the Administrator shall set aside not less 
than 10 percent to support areawide strategies addressing hazardous 
air pollutants emitted by area sources and shall award such funds on 
a demonstration basis to States with innovative and effective strategies. 
At the request of State or local air pollution control officials, the Ad-
ministrator shall prepare guidelines for control technologies or manage-
ment practices that may be applicable to various categories or subcat-
egories of area sources. 
(k) STATE PROGRAMS.— 
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(1) IN GENERAL.—Each State may develop and submit to the Ad-
ministrator for approval a program for the implementation and enforce-
ment (including a review of enforcement delegations previously grant-
ed) of emission standards and other requirements for air pollutants 
subject to this section or requirements for the prevention and mitiga-
tion of accidental releases pursuant to subsection (q). A program sub-
mitted by a State under this subsection may provide for partial or com-
plete delegation of the Administrator’s authorities and responsibilities 
to implement and enforce emission standards and prevention require-
ments but shall not include authority to set standards less stringent 
than those promulgated by the Administrator under this division. 
(2) GUIDANCE.—The Administrator shall publish guidance that 
would be useful to States in developing programs for submittal under 
this subsection. The guidance shall provide for the registration of all 
facilities producing, processing, handling, or storing any substance list-
ed pursuant to subsection (q) in amounts greater than the threshold 
quantity. The Administrator shall include as an element in such guid-
ance an optional program begun in 1986 for the review of high-risk 
point sources of air pollutants including hazardous air pollutants listed 
pursuant to subsection (b). 
(3) TECHNICAL ASSISTANCE.—The Administrator shall establish and 
maintain an air toxics clearinghouse and center to provide technical in-
formation and assistance to State and local agencies and, on a cost re-
covery basis, to others on control technology, health and ecological risk 
assessment, risk analysis, ambient monitoring and modeling, and emis-
sions measurement and monitoring. The Administrator shall use the 
authority of section 211103 of this title to examine methods for pre-
venting, measuring, and controlling emissions and evaluating associated 
health and ecological risks. Where appropriate, such activity shall be 
conducted with not-for-profit organizations. The Administrator may 
conduct research on methods for preventing, measuring, and controlling 
emissions and evaluating associated health and environment risks. All 
information collected under this paragraph shall be available to the 
public. 
(4) GRANTS.—On application of a State, the Administrator may 
make grants, subject to such terms and conditions as the Adminis-
trator considers appropriate, to the State for the purpose of assisting 
the State in developing and implementing a program for submittal and 
approval under this subsection. Programs assisted under this para-
graph may include program elements addressing air pollutants or ex-
tremely hazardous substances other than those specifically subject to 
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this section. Grants under this paragraph may include support for 
high-risk point source review as provided in paragraph (2) and support 
for the development and implementation of areawide area source pro-
grams pursuant to subsection (j). 
(5) APPROVAL OR DISAPPROVAL.— 
(A) IN GENERAL.—Not later than 180 days after receiving a 
program submitted by a State, and after notice and opportunity 
for public comment, the Administrator shall approve or disapprove 
the program. 
(B) DISAPPROVAL.—The Administrator shall disapprove any 
program submitted by a State, if the Administrator determines 
that— 
(i) the authorities contained in the program are not ade-
quate to ensure compliance by all sources within the State 
with each applicable standard, regulation, or requirement es-
tablished by the Administrator under this section; 
(ii) adequate authority does not exist, or adequate re-
sources are not available, to implement the program; 
(iii) the schedule for implementing the program and ensur-
ing compliance by affected sources is not sufficiently expedi-
tious; or 
(iv) the program is otherwise not in compliance with the 
guidance issued by the Administrator under paragraph (2) or 
is not likely to satisfy, in whole or in part, the objectives of 
this division. 
(C) NOTIFICATION OF DISAPPROVAL.—If the Administrator dis-
approves a State program, the Administrator shall notify the State 
of any revisions or modifications necessary to obtain approval. The 
State may revise and resubmit the proposed program for review 
and approval pursuant to this subsection. 
(6) WITHDRAWAL.—Whenever the Administrator determines, after 
public hearing, that a State is not administering and enforcing a pro-
gram approved pursuant to this subsection in accordance with the guid-
ance published pursuant to paragraph (2) or the requirements of para-
graph (5), the Administrator shall so notify the State and, if action 
that will ensure prompt compliance is not taken within 90 days, the 
Administrator shall withdraw approval of the program. The Adminis-
trator shall not withdraw approval of any program unless, prior to 
withdrawal, the State is notified and the reasons for withdrawal are 
stated in writing and made public. 
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(7) AUTHORITY TO ENFORCE.—Nothing in this subsection precludes 
the Administrator from enforcing any applicable emission standard or 
requirement under this section. 
(8) LOCAL PROGRAM.—The Administrator may, after notice and op-
portunity for public comment, approve a program developed and sub-
mitted by a local air pollution control agency (after consultation with 
the State) pursuant to this subsection, and any such agency imple-
menting an approved program may take any action authorized to be 
taken by a State under this section. 
(9) PERMIT AUTHORITY.—Nothing in this subsection affects the au-
thorities and obligations of the Administrator or the State under sub-
division 6. 
(l) ATMOSPHERIC
DEPOSITION
TO
GREAT
LAKES
AND
COASTAL 
WATER.— 
(1) DEFINITION OF COASTAL WATER.—In this subsection, the term 
‘‘coastal water’’ means— 
(A) an estuary selected pursuant to subparagraph (A) or listed 
pursuant to subparagraph (B) of section 320(a)(2) of the Federal 
Water Pollution Control Act (33 U.S.C. 1330(a)(2)); or 
(B) an estuarine research reserve designated pursuant to section 
315 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1461). 
(2) DEPOSITION ASSESSMENT.—The Administrator, in cooperation 
with the Under Secretary of Commerce for Oceans and Atmosphere, 
shall conduct a program to identify and assess the extent of atmos-
pheric deposition of hazardous air pollutants (and in the discretion of 
the Administrator, other air pollutants) to the Great Lakes, the Chesa-
peake Bay, Lake Champlain, and coastal water. As part of the pro-
gram, the Administrator shall— 
(A) monitor the Great Lakes, the Chesapeake Bay, Lake Cham-
plain, and coastal water, including monitoring of the Great Lakes 
through the monitoring network established pursuant to para-
graph (3) and designing and deploying an atmospheric monitoring 
network for coastal waters pursuant to paragraph (5); 
(B) investigate the sources and deposition rates of atmospheric 
deposition of air pollutants (and their atmospheric transformation 
precursors); 
(C) conduct research to develop and improve monitoring meth-
ods and to determine the relative contribution of atmospheric pol-
lutants to total pollution loadings to the Great Lakes, the Chesa-
peake Bay, Lake Champlain, and coastal water; 
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(D) evaluate any adverse effects on public health or the environ-
ment caused by such deposition (including effects resulting from 
indirect exposure pathways) and assess the contribution of the 
deposition to violations of water quality standards established pur-
suant to the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) and drinking water standards established pursuant to the 
Safe Drinking Water Act (42 U.S.C. 300f et seq.); and 
(E) sample for such pollutants in biota of the Great Lakes, the 
Chesapeake Bay, Lake Champlain, and coastal water and charac-
terize the sources of the pollutants. 
(3) GREAT LAKES MONITORING NETWORK.— 
(A) IN GENERAL.—The Administrator shall oversee, in accord-
ance with annex 15 of the Great Lakes Water Quality Agreement 
of 1978 (T.I.A.S. 11551; KAV 255), the establishment and oper-
ation of a Great Lakes atmospheric deposition network to monitor 
atmospheric deposition of hazardous air pollutants (and in the Ad-
ministrator’s discretion, other air pollutants) to the Great Lakes. 
(B) MONITORING FACILITIES.—As part of the network provided 
for in this paragraph, the Administrator shall establish in each of 
the 5 Great Lakes at least 1 facility capable of monitoring the at-
mospheric deposition of hazardous air pollutants in both dry and 
wet conditions. 
(C) USE OF DATA.—The Administrator shall use the data pro-
vided by the network to— 
(i) identify and track the movement of hazardous air pol-
lutants through the Great Lakes; 
(ii) determine the portion of water pollution loadings attrib-
utable to atmospheric deposition of such pollutants; and 
(iii) support development of remedial action plans and 
other management plans as required by the Great Lakes 
Water Quality Agreement of 1978 (T.I.A.S. 11551; KAV 
255). 
(D) FORMAT.—The Administrator shall ensure that the data 
collected by the Great Lakes atmospheric deposition monitoring 
network are in a format compatible with databases sponsored by 
the International Joint Commission, Canada, and the States of the 
Great Lakes region. 
(4) MONITORING
FOR
THE
CHESAPEAKE
BAY
AND
LAKE
CHAM-
PLAIN.— 
(A) ATMOSPHERIC DEPOSITION STATIONS.—The Administrator 
shall establish at the Chesapeake Bay and Lake Champlain atmos-
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pheric deposition stations to monitor deposition of hazardous air 
pollutants (and in the Administrator’s discretion, other air pollut-
ants) within the Chesapeake Bay and Lake Champlain watersheds. 
(B) ACTIVITIES.—The Administrator shall— 
(i) determine the role of air deposition in the pollutant 
loadings of the Chesapeake Bay and Lake Champlain; 
(ii) investigate the sources of air pollutants deposited in the 
watersheds; 
(iii) evaluate the health and environmental effects of such 
pollutant loadings; and 
(iv) sample such pollutants in biota within the watersheds, 
as necessary to characterize such effects. 
(5) MONITORING FOR COASTAL WATER.—The Administrator shall 
design and deploy atmospheric deposition monitoring networks for 
coastal water and watersheds of coastal water and shall make any in-
formation collected through such networks available to the public. As 
part of that effort, the Administrator shall conduct research to develop 
and improve deposition monitoring methods, and to determine the rel-
ative contribution of atmospheric pollutants to pollutant loadings. 
(m) MISCELLANEOUS PROVISIONS.— 
(1) ELECTRIC UTILITY STEAM GENERATING UNITS.—The Adminis-
trator shall perform a study of the hazards to public health reasonably 
anticipated to occur as a result of emissions by electric utility steam 
generating units of pollutants listed under subsection (b) after imposi-
tion of the requirements of this division. The Administrator shall report 
the results of the study to Congress. The Administrator shall develop 
and describe in the report alternative control strategies for emissions 
that may warrant regulation under this section. The Administrator 
shall regulate electric utility steam generating units under this section 
if the Administrator finds that regulation is appropriate and necessary 
after considering the results of the study. 
(2) PUBLICLY OWNED TREATMENT WORKS.—The Administrator may 
conduct, in cooperation with the owners and operators of publicly 
owned treatment works, studies to characterize emissions of hazardous 
air pollutants emitted by such facilities, to identify industrial, commer-
cial, and residential discharges that contribute to such emissions, and 
to demonstrate control measures for such emissions. When promul-
gating any standard under this section applicable to publicly owned 
treatment works, the Administrator may provide for control measures 
that include pretreatment of discharges causing emissions of hazardous 
air pollutants and process or product substitutions or limitations that 
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may be effective in reducing such emissions. The Administrator may 
prescribe uniform sampling, modeling, and risk assessment methods for 
use in implementing this subsection. 
(3) OIL AND GAS WELLS; PIPELINE FACILITIES.— 
(A) NO AGGREGATION OF UNITS.—Notwithstanding subsection 
(a)— 
(i) emissions from any oil or gas exploration or production 
well (with its associated equipment) and emissions from any 
pipeline compressor or pump station shall not be aggregated 
with emissions from other similar units, whether or not the 
units are in a contiguous area or under common control, to 
determine whether the units or stations are major sources; 
and 
(ii) in the case of any oil or gas exploration or production 
well (with its associated equipment), the emissions from those 
units shall not be aggregated for any purpose under this sec-
tion. 
(B) NO LISTING AS AREA SOURCE CATEGORY.— 
(i) IN GENERAL.—Except as provided in clause (ii), the Ad-
ministrator shall not list oil and gas production wells (with 
their associated equipment) as an area source category under 
subsection (c). 
(ii) EXCEPTION.—The Administrator may establish an area 
source category for oil and gas production wells located in 
any metropolitan statistical area or consolidated metropolitan 
statistical area with a population in excess of 1,000,000 if the 
Administrator determines that emissions of hazardous air pol-
lutants from the wells present more than a negligible risk of 
adverse effects on public health. 
(4) RCRA FACILITIES.—In the case of any category or subcategory 
of sources the air emissions of which are regulated under subtitle C 
of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.), the Adminis-
trator shall— 
(A) take into account any regulations of such emissions that are 
promulgated under that subtitle; and 
(B) to the maximum extent practicable and consistent with this 
section, ensure that the requirements of that subtitle and this sec-
tion are consistent. 
(n) GUIDELINES FOR CARCINOGENIC RISK ASSESSMENT.— 
(1) REQUEST OF THE ACADEMY.—The Administrator shall enter into 
appropriate arrangements with the National Academy of Sciences (re-
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ferred to in this subsection as the ‘‘Academy’’) to conduct a review 
of— 
(A) risk assessment methodology used by EPA to determine the 
carcinogenic risk associated with exposure to hazardous air pollut-
ants from source categories and subcategories subject to the re-
quirements of this section; and 
(B) improvements in the methodology. 
(2) ELEMENTS
TO
BE
STUDIED.—In conducting the review, the 
Academy should consider— 
(A) the techniques used for estimating and describing the car-
cinogenic potency to humans of hazardous air pollutants; and 
(B) the techniques used for estimating exposure to hazardous 
air pollutants (for hypothetical and actual maximally exposed indi-
viduals and other exposed individuals). 
(3) OTHER HEALTH EFFECTS OF CONCERN.—To the extent prac-
ticable, the Academy shall evaluate and report on the methodology for 
assessing the risk of adverse human health effects other than cancer 
for which safe thresholds of exposure may not exist, including inherit-
able genetic mutations, birth defects, and reproductive dysfunctions. 
(4) REPORT.—A report on the results of the review shall be sub-
mitted to the Committee on Environment and Public Works of the Sen-
ate, the Committee on Energy and Commerce of the House of Rep-
resentatives, and the Administrator. 
(5) ASSISTANCE.—The Administrator shall assist the Academy in 
gathering any information that the Academy considers necessary to 
carry out this subsection. The Administrator may use any authority 
under this division to obtain information from any person, and to re-
quire any person to conduct tests, keep and produce records, and make 
reports respecting research or other activities conducted by the person 
as necessary to carry out this subsection. 
(6) AUTHORIZATION.—Of the funds authorized to be appropriated to 
the Administrator by this division, such amounts as are required shall 
be available to carry out this subsection. 
(7) GUIDELINES FOR CARCINOGENIC RISK ASSESSMENT.—The Ad-
ministrator shall consider, but need not adopt, the recommendations 
contained in the report of the Academy and the views of the Science 
Advisory Board, with respect to the report. Prior to the promulgation 
of any standard under subsection (f), and after notice and opportunity 
for comment, the Administrator shall publish revised Guidelines for 
Carcinogenic Risk Assessment or a detailed explanation of the reasons 
that any recommendations contained in the report of the Academy will 
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not be implemented. The publication of the revised Guidelines shall be 
a final agency action for purposes of section 211113 of this title. 
(o) MICKEY LELAND NATIONAL URBAN AIR TOXICS RESEARCH CEN-
TER.— 
(1) ESTABLISHMENT.—The Administrator shall oversee the estab-
lishment of a national urban air toxics research center to be known as 
the Mickey Leland National Urban Air Toxics Research Center (re-
ferred to in this subsection as the ‘‘Center’’) and to be located at a 
university, hospital, or other facility capable of undertaking and main-
taining similar research capabilities in the areas of epidemiology, oncol-
ogy, toxicology, pulmonary medicine, pathology, and biostatistics. The 
geographic site of the Center should be directed to Harris County, 
Texas, to take full advantage of the well-developed scientific community 
presence onsite at the Texas Medical Center and the extensive data 
compiled for the comprehensive monitoring system. 
(2) BOARD OF DIRECTORS.—The Center shall be governed by a 
Board of Directors (referred to in this subsection as the ‘‘Board’’) to 
be comprised of 9 members, the appointment of whom shall be allo-
cated pro rata among the Speaker of the House, the Majority Leader 
of the Senate, and the President. The members of the Board shall be 
selected based on their respective academic and professional back-
grounds and expertise in matters relating to public health, environ-
mental pollution, and industrial hygiene. The duties of the Board shall 
be to determine policy and research guidelines, submit views from Cen-
ter sponsors and the public, and issue periodic reports of findings and 
activities of the Center. 
(3) SCIENTIFIC ADVISORY PANEL.—The Board shall be advised by 
a Scientific Advisory Panel (referred to in this subsection as the 
‘‘Panel’’), the 13 members of which shall be appointed by the Board 
and include eminent members of the scientific and medical commu-
nities. The Panel membership may include scientists with relevant ex-
perience from the National Institute of Environmental Health Sciences, 
the Centers for Disease Control, EPA, the National Cancer Institute, 
and others. The Panel shall conduct peer review and evaluate research 
results. The Panel shall assist the Board in developing the research 
agenda and reviewing proposals and applications, and shall advise on 
the awarding of research grants. 
(4) FUNDING.—The Center shall be established and funded with 
Federal funds and private funds. 
(p) SAVINGS PROVISIONS.— 
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(1) STANDARDS PREVIOUSLY PROMULGATED.—Any standard under 
section 112 of the Clean Air Act (42 U.S.C. 7412) in effect before No-
vember 15, 1990, shall remain in effect after that date unless modified 
as provided in that section before that date or under Public Law 101– 
549 (104 Stat. 2399) (commonly known as the Clean Air Act Amend-
ments of 1990). Except as provided in paragraph (3), any standard 
under that section that had been promulgated, but had not taken ef-
fect, before November 15, 1990, shall not be affected by Public Law 
101–549 unless modified as provided in that section before November 
15, 1990, or under Public Law 101–549. If a timely petition for review 
of any such standard under section 307 of the Clean Air Act (42 
U.S.C. 7607) was pending on November 15, 1990, the standard shall 
be upheld if it complies with section 112 of the Clean Air Act (42 
U.S.C. 7412) as in effect before that date. If any such standard is re-
manded to the Administrator, the Administrator may apply the require-
ments of this section or the requirements of section 112 of the Clean 
Air Act (42 U.S.C. 7412) as in effect before November 15, 1990. 
(2) SPECIAL RULES FOR RADIONUCLIDE EMISSIONS.— 
(A) NO STANDARD FOR CERTAIN CATEGORIES.— 
(i) IN
GENERAL.—Notwithstanding paragraph (1), no 
standard shall be established under this section for radio-
nuclide emissions from— 
(I) elemental phosphorous plants; 
(II) grate calcination elemental phosphorous plants; 
(III) phosphogypsum stacks; or 
(IV) any subcategory of the foregoing. 
(ii) CONTINUED EFFECTIVENESS OF PRIOR LAW.—Section 
112 of the Clean Air Act (42 U.S.C. 7412) (as in effect prior 
to November 15, 1990) shall remain in effect for radionuclide 
emissions from plants and stacks described in clause (i). 
(B) OTHER CATEGORIES.—Notwithstanding paragraph (1), sec-
tion 112 of the Clean Air Act (42 U.S.C. 7412) (as in effect prior 
to November 15, 1990) shall remain in effect for radionuclide 
emissions from— 
(i) non-Department of Energy Federal facilities that are 
not licensed by the Nuclear Regulatory Commission; 
(ii) coal-fired utility and industrial boilers; 
(iii) underground uranium mines; 
(iv) surface uranium mines; and 
(v) disposal of uranium mill tailings piles; 
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unless the Administrator, in the Administrator’s discretion, applies 
the requirements of this section to the sources of radionuclides de-
scribed in any of clauses (i) through (v). 
(3) MEDICAL RESEARCH OR TREATMENT FACILITIES.—If the Admin-
istrator determines that the regulatory program established by the Nu-
clear Regulatory Commission for medical research or treatment facili-
ties does not provide an ample margin of safety to protect public 
health, the requirements of this section shall fully apply to medical re-
search or treatment facilities. If the Administrator determines that the 
regulatory program does provide an ample margin of safety to protect 
the public health, the Administrator is not required to promulgate a 
standard under this section for medical research or treatment facilities, 
as provided in subsection (d)(9). 
(q) PREVENTION OF ACCIDENTAL RELEASES.— 
(1) DEFINITIONS.—In this subsection: 
(A) ACCIDENTAL
RELEASE.—The term ‘‘accidental release’’ 
means an unanticipated emission of a regulated substance or other 
extremely hazardous substance into the ambient air from a sta-
tionary source. 
(B) REGULATED SUBSTANCE.—The term ‘‘regulated substance’’ 
means a substance listed under paragraph (3). 
(C) RETAIL FACILITY.—The term ‘‘retail facility’’ means a sta-
tionary source at which more than 1⁄2 of the income is obtained 
from direct sales to end users or at which more than 1⁄2 of the 
fuel sold, by volume, is sold through a cylinder exchange program. 
(D) STATIONARY
SOURCE.—The term ‘‘stationary source’’ 
means 1 or more buildings, structures, pieces of equipment, instal-
lations, or substance-emitting stationary activities— 
(i) that belong to the same industrial group; 
(ii) that are located on a property or 2 or more contiguous 
properties; 
(iii) that are under the control of the same person (or per-
sons under common control); and 
(iv) from which an accidental release may occur. 
(2) PURPOSE AND GENERAL DUTY.— 
(A) OBJECTIVE.—It shall be the objective of the regulations and 
programs authorized under this subsection to prevent, and mini-
mize the consequences of, accidental releases. 
(B) GENERAL DUTY.—The owners and operators of stationary 
sources producing, processing, handling, or storing regulated sub-
stances have a general duty in the same manner and to the same 
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extent as under section 5 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 654) to— 
(i) identify hazards that may result from accidental re-
leases using appropriate hazard assessment techniques; 
(ii) design and maintain a safe facility taking such steps 
as are necessary to prevent accidental releases; and 
(iii) minimize the consequences of accidental releases that 
do occur. 
(C) NO CITIZEN SUITS.—For purposes of this paragraph, sec-
tion 203104 of this title shall not be available to any person or 
otherwise be construed to be applicable to this paragraph. 
(D) EFFECT OF PARAGRAPH.—Nothing in this section shall be 
interpreted, construed, or applied to create, or held to imply the 
creation of, any liability or basis for suit for compensation for bod-
ily injury or any other injury or property damages to any person 
that may result from an accidental release. 
(3) LIST OF SUBSTANCES.— 
(A) IN GENERAL.—The Administrator shall promulgate an ini-
tial list of 100 substances that, in the case of an accidental re-
lease, are known to cause or may reasonably be anticipated to 
cause death or injury to humans or serious adverse effects on 
human health or the environment. 
(B) USE OF LIST UNDER THE EMERGENCY PLANNING AND COM-
MUNITY RIGHT-TO-KNOW ACT OF 1986.—For purposes of promul-
gating the list under subparagraph (A), the Administrator shall 
use, but is not limited to, the list of extremely hazardous sub-
stances published under the Emergency Planning and Community 
Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.), with such 
modifications as the Administrator considers appropriate. 
(C) SUBSTANCES TO BE INCLUDED.—The initial list shall in-
clude ammonia, anhydrous ammonia, anhydrous hydrogen chlo-
ride, anhydrous sulfur dioxide, bromine, chlorine, ethylene oxide, 
hydrogen cyanide, hydrogen fluoride, hydrogen sulfide, methyl 
chloride, methyl isocyanate, phosgene, sulfur trioxide, toluene 
diisocyanate, and vinyl chloride. 
(D) NUMBER OF SUBSTANCES.—The initial list shall include at 
least 100 substances that pose the greatest risk of causing death 
or injury to humans or serious adverse effects on human health 
or the environment from accidental releases. 
(E) EXPLANATION.—Regulations establishing the list shall in-
clude an explanation of the basis for establishing the list. 
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(F) REVISION; REVIEW.—The list— 
(i) may be revised from time to time by the Administrator 
on the Administrator’s own motion or by petition; and 
(ii) shall be reviewed at least every 5 years. 
(G) LIMITATIONS.—No air pollutant for which a primary 
NAAQS has been established shall be included on the list. No sub-
stance, practice, process, or activity regulated under subdivision 7 
shall be subject to regulations under this subsection. 
(H) ADDITION AND DELETION.—The Administrator shall estab-
lish procedures for the addition and deletion of substances from 
the list established under this paragraph consistent with those ap-
plicable to the list under subsection (b). 
(4) FACTORS
TO
BE
CONSIDERED.—In listing substances under 
paragraph (3), the Administrator— 
(A) shall consider— 
(i) the severity of any acute adverse health effects associ-
ated with accidental releases of the substance; 
(ii) the likelihood of accidental releases of the substance; 
and 
(iii) the potential magnitude of human exposure to acci-
dental releases of the substance; and 
(B) shall not list a flammable substance when used as a fuel 
or held for sale as a fuel at a retail facility under this subsection 
solely because of the explosive or flammable properties of the sub-
stance, unless a fire or explosion caused by the substance will re-
sult in acute adverse health effects from human exposure to the 
substance, including the unburned fuel or its combustion byprod-
ucts, other than those caused by the heat of the fire or impact of 
the explosion. 
(5) THRESHOLD QUANTITY.—At the time at which any substance is 
listed pursuant to paragraph (3), the Administrator shall establish by 
regulation a threshold quantity for the substance, taking into account 
the toxicity, reactivity, volatility, dispersibility, combustibility, or flam-
mability of the substance and the amount of the substance that, as a 
result of an accidental release, is known to cause or may reasonably 
be anticipated to cause death or injury to humans or serious adverse 
effects on human health for which the substance was listed. The Ad-
ministrator may establish a greater threshold quantity for, or to ex-
empt entirely, any substance that is a nutrient used in agriculture 
when held by a farmer. 
(6) CHEMICAL SAFETY BOARD.— 
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(A) ESTABLISHMENT.—There is established an independent 
safety board to be known as the Chemical Safety and Hazard In-
vestigation Board (referred to in this paragraph as the ‘‘Board’’). 
(B) MEMBERSHIP.—The Board shall consist of 5 members, in-
cluding a Chairperson, who shall be appointed by the President, 
by and with the advice and consent of the Senate. Members of the 
Board shall be appointed on the basis of technical qualification, 
professional standing, and demonstrated knowledge in the fields of 
accident reconstruction, safety engineering, human factors, toxi-
cology, or air pollution regulation. The terms of office of members 
of the Board shall be 5 years. Any member of the Board, including 
the Chairperson, may be removed for inefficiency, neglect of duty, 
or malfeasance in office. The Chairperson shall be the Chief Exec-
utive Officer of the Board and shall exercise the executive and ad-
ministrative functions of the Board. 
(C) DUTIES.— 
(i) IN GENERAL.—The Board shall— 
(I) investigate (or cause to be investigated), determine, 
and report to the public in writing the facts, conditions, 
circumstances and cause or probable cause of any acci-
dental release resulting in a fatality, serious injury, or 
substantial property damages; 
(II) issue periodic reports to Federal, State, and local 
agencies concerned with the safety of chemical produc-
tion, processing, handling, and storage, and other inter-
ested persons (including EPA and the Occupational 
Safety and Health Administration) that— 
(aa) recommend measures to reduce the likelihood 
or the consequences of accidental releases and pro-
pose corrective steps to make chemical production, 
processing, handling, and storage as safe and free 
from risk of injury as is possible; and 
(bb) may include proposed regulations or orders 
that should be issued by the Administrator under 
this section or by the Secretary of Labor under the 
Occupational Safety and Health Act of 1970 (29 
U.S.C. 651 et seq.) to prevent or minimize the con-
sequences of any release of substances that may 
cause death or injury to humans or other serious 
adverse effects on human health or substantial 
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property damage as the result of an accidental re-
lease; and 
(III) establish by regulation requirements binding on 
persons for reporting accidental releases into the ambient 
air subject to the Board’s investigatory jurisdiction. 
(ii) REPORTING.—Reporting releases to the National Re-
sponse Center, in lieu of the Board directly, shall satisfy the 
regulations under clause (i)(III). The National Response Cen-
ter shall promptly notify the Board of any releases that are 
within the Board’s jurisdiction. 
(D) EXPERTISE AND EXPERIENCE OF OTHER AGENCIES.—The 
Board may utilize the expertise and experience of other agencies. 
(E) COORDINATION WITH OTHER AGENCIES.—The Board shall 
coordinate its activities with investigations and studies conducted 
by other agencies of the United States having a responsibility to 
protect public health and safety. The Board shall enter into a 
memorandum of understanding with the National Transportation 
Safety Board to ensure coordination of functions and to limit du-
plication of activities, which shall designate the National Trans-
portation Safety Board as the lead agency for the investigation of 
releases that are transportation-related. The Board shall not be 
authorized to investigate marine oil spills, which the National 
Transportation Safety Board is authorized to investigate. The 
Board shall enter into a memorandum of understanding with the 
Occupational Safety and Health Administration to limit duplica-
tion of activities. In no event shall the Board forgo an investiga-
tion where an accidental release causes a fatality or serious injury 
among the general public, or had the potential to cause substantial 
property damage or a number of deaths or injuries among the 
general public. 
(F) RESEARCH; STUDIES.—The Board may conduct research 
and studies with respect to the potential for accidental releases, 
whether or not an accidental release has occurred, where there is 
evidence that indicates the presence of a potential hazard or haz-
ards. To the extent practicable, the Board shall conduct such stud-
ies in cooperation with other Federal agencies having emergency 
response authorities, State and local governmental agencies, and 
associations and organizations from the industrial, commercial, 
and nonprofit sectors. 
(G) NO ADMISSION INTO EVIDENCE.—No part of the conclu-
sions, findings, or recommendations of the Board relating to any 
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accidental release or the investigation thereof shall be admitted as 
evidence or used in any action or suit for damages arising out of 
any matter mentioned in the report. 
(H) RECOMMENDATIONS TO THE ADMINISTRATOR ON THE USE 
OF HAZARD ASSESSMENTS.— 
(i) RECOMMENDATIONS.—The Board shall publish a report 
accompanied by recommendations to the Administrator on the 
use of hazard assessments in preventing the occurrence and 
minimizing the consequences of accidental releases of ex-
tremely hazardous substances. The recommendations shall in-
clude a list of extremely hazardous substances that are not 
regulated substances (including threshold quantities for such 
substances) and categories of stationary sources for which 
hazard assessments would be an appropriate measure to aid 
in the prevention of accidental releases and to minimize the 
consequences of releases that do occur and a description of 
the information and analysis that would be appropriate to in-
clude in any hazard assessment. The Board shall make rec-
ommendations with respect to the role of risk management 
plans as required by paragraph (7)(B)(ii) in preventing acci-
dental releases. The Board may from time to time review and 
revise its recommendations under this subparagraph. 
(ii) RESPONSE BY THE ADMINISTRATOR.— 
(I) IN GENERAL.—Whenever the Board submits a rec-
ommendation with respect to accidental releases to the 
Administrator, the Administrator shall respond to the 
recommendation formally and in writing not later than 
180 days after receipt of the recommendation. The re-
sponse to the Board’s recommendation by the Adminis-
trator shall indicate whether the Administrator will— 
(aa) initiate a rulemaking or issue such orders as 
are necessary to implement the recommendation in 
full or in part, pursuant to any timetable contained 
in the recommendation; or 
(bb) decline to initiate a rulemaking or issue or-
ders as recommended. 
(II) REASONS.—Any determination by the Adminis-
trator not to implement a recommendation of the Board 
or to implement a recommendation only in part, includ-
ing any variation from the schedule contained in the rec-
ommendation, shall be accompanied by a statement from 
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the Administrator setting forth the reasons for the deter-
mination. 
(I) RECOMMENDATIONS TO THE SECRETARY OF LABOR WITH 
RESPECT TO ACCIDENTAL RELEASES.— 
(i) RECOMMENDATIONS.—The Board may make rec-
ommendations with respect to accidental releases to the Sec-
retary of Labor. 
(ii) RESPONSE BY THE SECRETARY OF LABOR.— 
(I) IN GENERAL.—Whenever the Board submits a rec-
ommendation with respect to accidental releases to the 
Secretary of Labor, the Secretary shall respond to the 
recommendation formally and in writing not later than 
180 days after receipt of the recommendation. The re-
sponse to the Board’s recommendation by the Secretary 
shall indicate whether the Secretary will— 
(aa) initiate a rulemaking or issue such orders as 
are necessary to implement the recommendation in 
full or in part, pursuant to any timetable contained 
in the recommendation; or 
(bb) decline to initiate a rulemaking or issue or-
ders as recommended. 
(II) REASONS.—Any determination by the Secretary 
not to implement a recommendation or to implement a 
recommendation only in part, including any variation 
from the schedule contained in the recommendation, 
shall be accompanied by a statement from the Secretary 
setting forth the reasons for the determination. 
(J) RECOMMENDATIONS TO THE ADMINISTRATOR AND THE AD-
MINISTRATOR OF THE OCCUPATIONAL SAFETY AND HEALTH AD-
MINISTRATION RELATING TO RISK MANAGEMENT PLANS, GENERAL 
REQUIREMENTS
FOR
THE
PREVENTION
OF
ACCIDENTAL
RE-
LEASES, AND MITIGATION OF POTENTIAL ADVERSE EFFECTS.— 
The Board shall issue a report to the Administrator and to the 
Administrator of the Occupational Safety and Health Administra-
tion recommending the adoption of regulations for the preparation 
of risk management plans and general requirements for the pre-
vention of accidental releases of regulated substances into the am-
bient air (including recommendations for listing substances under 
paragraph (3)) and for the mitigation of the potential adverse ef-
fect on human health or the environment as a result of accidental 
releases that should be applicable to any stationary source han-
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dling any regulated substance in more than threshold amounts. 
The Board may include proposed regulations or orders that should 
be issued by the Administrator under this subsection or by the 
Secretary of Labor under the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 651 et seq.). Any such recommendations shall 
be specific and shall identify the regulated substance or class of 
regulated substances (or other substances) to which the rec-
ommendations apply. The Administrator shall consider the rec-
ommendations before promulgating regulations required by para-
graph (7)(B). 
(K) POWERS.— 
(i) IN
GENERAL.—The Board, or on authority of the 
Board, any member thereof, any administrative law judge em-
ployed by or assigned to the Board, or any officer or em-
ployee duly designated by the Board, may for the purpose of 
carrying out duties authorized by subparagraph (C)— 
(I) hold such hearings, sit and act at such times and 
places, administer such oaths, and require by subpoena 
or otherwise attendance and testimony of such witnesses 
and the production of evidence; 
(II) require by order that any person engaged in the 
production, processing, handling, or storage of extremely 
hazardous substances submit written reports and re-
sponses to requests and questions within such time and 
in such form as the Board may require; 
(III) on presenting appropriate credentials and a writ-
ten notice of inspection authority— 
(aa) enter any property where an accidental re-
lease causing a fatality, serious injury, or substan-
tial property damage has occurred and do all things 
therein necessary for a proper investigation pursu-
ant to subparagraph (C); and 
(bb) inspect at reasonable times records, proc-
esses, controls, and facilities and take such samples 
as are relevant to the investigation; and 
(IV) use any information-gathering authority of the 
Administrator under this division, including the sub-
poena power provided in section 203102(a)(1) of this 
title. 
(ii) RIGHTS
TO
PARTICIPATE.—Whenever the Adminis-
trator or the Board conducts an inspection of a facility pursu-
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ant to this subsection, employees and their representatives 
shall have the same rights to participate in the inspection as 
are provided under the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 651 et seq.). 
(L) RULES; TRANSACTIONS.—The Board may establish such 
procedural and administrative rules as are necessary to the exer-
cise of its functions and duties. The Board may, without regard 
to section 6101 of title 5, enter into contracts, leases, cooperative 
agreements, or other transactions as may be necessary in the con-
duct of the duties and functions of the Board with any other agen-
cy, institution, or person. 
(M) ENFORCEMENT.—After the effective date of any reporting 
requirement promulgated pursuant to subparagraph (C)(i)(III) it 
shall be unlawful for any person to fail to report any release of 
any extremely hazardous substance as required by that subpara-
graph. The Administrator may enforce any regulation or require-
ments established by the Board pursuant to subparagraph 
(C)(i)(III) using the authorities of sections 211113 and 211114 of 
this title. Any request for information from the owner or operator 
of a stationary source made by the Board or by the Administrator 
under this section shall be treated, for purposes of sections 
203102, 203103, 203104, 211113, 211114, 211116, and 211119 
of this title and any other enforcement provision of this division, 
as a request made by the Administrator under section 211114 of 
this title and may be enforced by the Chairperson of the Board 
or by the Administrator as provided in that section. 
(N) SUPPORT AND FACILITIES.—The Administrator shall pro-
vide to the Board such support and facilities as may be necessary 
for operation of the Board. 
(O) AVAILABILITY
OF
RECORDS, REPORTS, AND
INFORMA-
TION.— 
(i) IN GENERAL.—Consistent with subparagraph (G) and 
section 211114(c) of this title and except as provided in 
clause (ii), any records, reports, or information obtained by 
the Board shall be available to the Administrator, the Sec-
retary of Labor, Congress, and the public. 
(ii) SUBSTANTIAL HARM TO COMPETITIVE POSITION.—On a 
showing satisfactory to the Board by any person that records, 
reports, or information or any particular part thereof (other 
than release data or emission data) to which the Board has 
access, if made public, is likely to cause substantial harm to 
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the person’s competitive position, the Board shall consider the 
record, report, or information or particular portion thereof 
confidential in accordance with section 1905 of title 18, ex-
cept that such a record, report, or information may be dis-
closed to other officers, employees, and authorized representa-
tives of the United States concerned with carrying out this 
division or when relevant under any proceeding under this di-
vision. This subparagraph does not constitute authority to 
withhold records, reports, or information from Congress. 
(P) SUBMISSIONS
AND
TRANSMITTALS
BY
THE
BOARD; RE-
PORTS; PERFORMANCE OF FUNCTIONS.— 
(i) COPY TO CONGRESS.—Whenever the Board submits or 
transmits any budget estimate, budget request, supplemental 
budget request, or other budget information, legislative rec-
ommendation, prepared testimony for congressional hearings, 
recommendation, or study to the President, the Secretary of 
Labor, the Administrator, or the Director of the Office of 
Management and Budget, the Board shall concurrently trans-
mit a copy thereof to Congress. 
(ii) REPORTS NOT SUBJECT TO REVIEW.—No report of the 
Board shall be subject to review by the Administrator or any 
Federal agency or to judicial review in any court. 
(iii) NO AUTHORITY TO REQUIRE PRIOR APPROVAL OR RE-
VIEW OF SUBMISSIONS.—No officer or agency of the United 
States shall have authority to require the Board to submit its 
budget requests or estimates, legislative recommendations, 
prepared testimony, comments, recommendations, or reports 
to any officer or agency of the United States for approval or 
review prior to the submission of the recommendations, testi-
mony, comments, or reports to Congress. 
(iv) PERFORMANCE OF FUNCTIONS.—In the performance of 
their functions established by this division, in carrying out 
any duties under this subsection, the members, officers, and 
employees of the Board shall not be responsible to or subject 
to supervision or direction of any officer or employee or agent 
of EPA, the Department of Labor, or any other agency of the 
United States, except that the President may remove any 
member, officer, or employee of the Board for inefficiency, ne-
glect of duty, or malfeasance in office. 
(v) TITLE 5.—Nothing in this section shall affect the appli-
cation of title 5 to officers or employees of the Board. 
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(Q) ANNUAL REPORT.—The Board shall annually submit to the 
President and Congress a report that includes— 
(i) information on accidental releases that have been inves-
tigated by or reported to the Board during the previous year; 
(ii) recommendations for legislative or administrative action 
that the Board has made; 
(iii) the actions that have been taken by the Administrator 
or the Secretary of Labor or the heads of other agencies to 
implement those recommendations; 
(iv) an identification of priorities for study and investiga-
tion in the succeeding year; 
(v) a description of progress in the development of risk-re-
duction technologies; and 
(vi) a description of the response to and implementation of 
significant research findings on chemical safety in the public 
and private sector. 
(7) PREVENTION OF ACCIDENTAL RELEASES OF REGULATED SUB-
STANCES.— 
(A) REQUIREMENTS TO PREVENT ACCIDENTAL RELEASES.—To 
prevent accidental releases of regulated substances, the Adminis-
trator may promulgate release prevention, detection, and correc-
tion requirements that may include monitoring, recordkeeping, re-
porting, training, vapor recovery, secondary containment, and 
other design, equipment, work practice, and operational require-
ments. Regulations promulgated under this subparagraph shall 
have an effective date, as determined by the Administrator, ensur-
ing compliance as expeditiously as practicable. 
(B) REASONABLE REGULATIONS AND APPROPRIATE GUIDANCE 
FOR
THE
PREVENTION
AND
DETECTION
OF
ACCIDENTAL
RE-
LEASES OF REGULATED SUBSTANCES.— 
(i) IN GENERAL.— 
(I) PROMULGATION.—The Administrator shall promul-
gate reasonable regulations and appropriate guidance to 
provide, to the greatest extent practicable, for the pre-
vention and detection of accidental releases of regulated 
substances and for response to such releases by the own-
ers or operators of the sources of such releases. The Ad-
ministrator shall utilize the expertise of the Secretary of 
Transportation and Secretary of Labor in promulgating 
the regulations. 
(II) CONTENTS.—The regulations shall— 
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(aa) as appropriate, cover the use, operation, re-
pair, replacement, and maintenance of equipment to 
monitor, detect, inspect, and control such accidental 
releases, including training of persons in the use 
and maintenance of such equipment and in the con-
duct of periodic inspections; 
(bb) include procedures and measures for emer-
gency response after an accidental release of a regu-
lated substance to protect human health and the en-
vironment; 
(cc) cover storage and operations; 
(dd) as appropriate, recognize differences in size, 
operations, processes, class, and categories of 
sources and the voluntary actions of sources to pre-
vent such accidental releases and respond to such 
accidental releases; and 
(ee) be applicable to a stationary source 3 years 
after the date of promulgation, or 3 years after the 
date on which a regulated substance present at a 
source in more than threshold amounts is first listed 
under paragraph (3), whichever is later. 
(ii) RISK MANAGEMENT PLANS.— 
(I) IN
GENERAL.—The regulations under this sub-
paragraph shall require the owner or operator of a sta-
tionary source at which a regulated substance is present 
in more than a threshold quantity to prepare and imple-
ment a risk management plan to detect and prevent or 
minimize accidental releases of regulated substances 
from the stationary source, and to provide a prompt 
emergency response to any such releases in order to pro-
tect human health and the environment. 
(II) CONTENTS.—A risk management plan shall pro-
vide for compliance with the requirements of this sub-
section and include— 
(aa) a hazard assessment to assess the potential 
effects of an accidental release of any regulated sub-
stance; 
(bb) a program for preventing accidental releases 
of regulated substances, including safety pre-
cautions and maintenance, monitoring, and em-
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ployee training measures to be used at the source; 
and 
(cc) a response program providing for specific ac-
tions to be taken in response to an accidental re-
lease of a regulated substance so as to protect 
human health and the environment, including proce-
dures for informing the public and local agencies re-
sponsible for responding to accidental releases, 
emergency health care, and employee training meas-
ures. 
(III) HAZARD ASSESSMENTS.—A hazard assessment 
under subclause (II)(aa) shall include an estimate of po-
tential release quantities, a determination of downwind 
effects (including potential exposures to affected popu-
lations), a previous release history of the past 5 years 
(including the size, concentration, and duration of re-
leases), and an evaluation of worst case accidental re-
leases. 
(IV) GUIDELINES.—At the time at which regulations 
are promulgated under this subparagraph, the Adminis-
trator shall promulgate guidelines to assist stationary 
sources in the preparation of risk management plans. 
The guidelines shall, to the extent practicable, include 
model risk management plans. 
(iii) AVAILABILITY
OF
RISK
MANAGEMENT
PLANS.—The 
owner or operator of a stationary source covered by clause (ii) 
shall— 
(I) register a risk management plan prepared under 
this subparagraph with the Administrator before the ef-
fective date of regulations under clause (i) in such form 
and manner as the Administrator shall, by regulation, 
require; and 
(II) submit the risk management plan to— 
(aa) the Chemical Safety and Hazard Investiga-
tion Board; 
(bb) the State in which the stationary source is 
located; and 
(cc) any local agency or entity having responsi-
bility for planning for or responding to accidental 
releases that may occur at the source. 
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(iv) PUBLIC AVAILABILITY.—A risk management plan shall 
be available to the public under section 211114(c) of this 
title. 
(v) AUDITING.—The Administrator shall establish, by regu-
lation, an auditing system to regularly review and, if nec-
essary, require revision in risk management plans to ensure 
that the risk management plans comply with this subpara-
graph. Each risk management plan shall be updated periodi-
cally as required by the Administrator, by regulation. 
(C) CONSULTATION; COORDINATION.—In carrying out this 
paragraph, the Administrator shall— 
(i) consult with the Secretary of Labor and the Secretary 
of Transportation; and 
(ii) coordinate any requirements under this paragraph with 
any requirements established for comparable purposes by the 
Occupational Safety and Health Administration or the De-
partment of Transportation. 
(D) PUBLIC ACCESS TO OFF-SITE CONSEQUENCE ANALYSIS IN-
FORMATION.— 
(i) DEFINITIONS.—In this subparagraph: 
(I) COVERED PERSON.—The term ‘‘covered person’’ 
means— 
(aa) an officer or employee of the United States; 
(bb) an officer or employee of an agent or con-
tractor of the Federal Government; 
(cc) an officer or employee of a State or local gov-
ernment; 
(dd) an officer or employee of an agent or con-
tractor of a State or local government; 
(ee) an individual affiliated with an entity that 
has been given, by a State or local government, re-
sponsibility for preventing, planning for, or respond-
ing to accidental releases; 
(ff) an officer or employee or an agent or con-
tractor of an entity described in item (ee); and 
(gg) a qualified researcher under clause (vi). 
(II) OFFICIAL USE.—The term ‘‘official use’’ means 
an action of a Federal, State, or local government agency 
or an entity described in subclause (I)(ee) intended to 
carry out a function relevant to preventing, planning for, 
or responding to accidental releases. 
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(III) OFF-SITE
CONSEQUENCE
ANALYSIS
INFORMA-
TION.—The term ‘‘off-site consequence analysis informa-
tion’’ means the portions of a risk management plan, ex-
cluding the executive summary of the plan, consisting of 
an evaluation of 1 or more worst-case release scenarios 
or alternative release scenarios, and any electronic data-
base created by the Administrator from those portions. 
(IV) RISK MANAGEMENT PLAN.—The term ‘‘risk man-
agement plan’’ means a risk management plan submitted 
to the Administrator by an owner or operator of a sta-
tionary source under subparagraph (B)(iii). 
(ii) REGULATIONS.—The President shall— 
(I) assess— 
(aa) the increased risk of terrorist and other 
criminal activity associated with the posting of off- 
site consequence analysis information on the Inter-
net; and 
(bb) the incentives created by public disclosure of 
off-site consequence analysis information for reduc-
tion in the risk of accidental releases; and 
(II) based on the assessment under subclause (I), pro-
mulgate regulations governing the distribution of off-site 
consequence analysis information in a manner that, in 
the opinion of the President, minimizes the likelihood of 
accidental releases and the risk described in subclause 
(I)(aa) and the likelihood of harm to public health and 
welfare, and— 
(aa) allows access by any member of the public 
to paper copies of off-site consequence analysis in-
formation for a limited number of stationary 
sources located anywhere in the United States, with-
out any geographical restriction; 
(bb) allows other public access to off-site con-
sequence analysis information as appropriate; 
(cc) allows access for official use by a covered 
person described in any of items (cc) through (ff) 
of clause (i)(I) (referred to in this subclause as a 
‘‘State or local covered person’’) to off-site con-
sequence analysis information relating to stationary 
sources located in the person’s State; 
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(dd) allows a State or local covered person to pro-
vide, for official use, off-site consequence analysis 
information relating to stationary sources located in 
the person’s State to a State or local covered person 
in a contiguous State; and 
(ee) allows a State or local covered person to ob-
tain for official use, by request to the Adminis-
trator, off-site consequence analysis information 
that is not available to the person under item (cc). 
(iii) AVAILABILITY
UNDER
FREEDOM
OF
INFORMATION 
ACT.— 
(I) IN GENERAL.—Off-site consequence analysis infor-
mation covered by the regulations, and any ranking of 
stationary sources derived from the information, shall 
not be made available under section 552 of title 5. 
(II) APPLICABILITY.—Subclause (I) applies to off-site 
consequence analysis information submitted to the Ad-
ministrator at any time. 
(iv) PROHIBITION OF UNAUTHORIZED DISCLOSURE OF IN-
FORMATION BY COVERED PERSON.— 
(I) IN GENERAL.—A covered person shall not disclose 
to the public off-site consequence analysis information in 
any form, or any statewide or national ranking of identi-
fied stationary sources derived from such information, 
except as authorized by this subparagraph (including the 
regulations promulgated under clause (ii)). 
(II) CRIMINAL PENALTIES.—Criminal penalties for a 
violation of a restriction or prohibition established by 
this subparagraph (including the regulations promul-
gated under clause (ii)) are provided under section 732 
of title 18. 
(III) APPLICABILITY.—If the owner or operator of a 
stationary source makes off-site consequence analysis in-
formation relating to that stationary source available to 
the public without restriction— 
(aa) subclause (I) and section 732 of title 18 
shall not apply with respect to the information; and 
(bb) the owner or operator shall notify the Ad-
ministrator of the public availability of the informa-
tion. 
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(IV) LIST.—The Administrator shall maintain and 
make publicly available a list of all stationary sources 
that have provided notification under subclause (III)(bb). 
(v) NOTICE.—The Administrator shall provide notice of the 
definition of official use as provided in clause (i) and exam-
ples of actions that would and would not meet that definition, 
and notice of the restrictions on further dissemination and 
the penalties established by this division to each covered per-
son who receives off-site consequence analysis information for 
an official use under the regulations promulgated under 
clause (ii). 
(vi) QUALIFIED RESEARCHERS.— 
(I) IN GENERAL.—The Administrator, in consultation 
with the Attorney General, shall develop and implement 
a system for providing off-site consequence analysis in-
formation, including facility identification, to any quali-
fied researcher, including a qualified researcher from in-
dustry or any public interest group. 
(II) LIMITATION
ON
DISSEMINATION.—The system 
shall not allow a qualified researcher to disseminate, or 
make available on the internet, the off-site consequence 
analysis information, or any portion of the off-site con-
sequence analysis information, received under this clause. 
(vii) READ-ONLY INFORMATION TECHNOLOGY SYSTEM.—In 
consultation with the Attorney General and the heads of other 
appropriate Federal agencies, the Administrator shall estab-
lish an information technology system that provides for the 
availability to the public of off-site consequence analysis infor-
mation by means of a central database under the control of 
the Federal Government that contains information that users 
may read, but that provides no means by which an electronic 
or mechanical copy of the information may be made. 
(viii) VOLUNTARY
INDUSTRY
ACCIDENT
PREVENTION 
STANDARDS.—EPA, the Department of Justice, and other 
appropriate agencies may provide technical assistance to own-
ers and operators of stationary sources and participate in the 
development of voluntary industry standards that will help 
achieve the objectives set forth in paragraph (2). 
(ix) EFFECT ON STATE OR LOCAL LAW.— 
(I) IN GENERAL.—Subject to subclause (II), this sub-
paragraph (including the regulations promulgated under 
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this subparagraph) shall supersede any provision of 
State or local law that is inconsistent with this subpara-
graph (including the regulations). 
(II) AVAILABILITY
OF
INFORMATION
UNDER
STATE 
LAW.—Nothing in this subparagraph precludes a State 
from making available data on the off-site consequences 
of chemical releases collected in accordance with State 
law. 
(x) REPORT ON RESULT OF REGULATIONS.— 
(I) IN GENERAL.—The Attorney General, in consulta-
tion with appropriate Federal, State, and local govern-
ment agencies, affected industry, and the public, shall 
submit to Congress a report that describes the extent to 
which regulations promulgated under this paragraph 
have resulted in actions, including the design and main-
tenance of safe facilities, that are effective in detecting, 
preventing, and minimizing the consequences of releases 
of regulated substances that may be caused by criminal 
activity. As part of the report, the Attorney General, 
using available data to the extent possible, and a sam-
pling of covered stationary sources selected at the discre-
tion of the Attorney General, and in consultation with 
appropriate Federal, State, and local government agen-
cies, affected industry, and the public, shall review the 
vulnerability of covered stationary sources to criminal 
and terrorist activity, current industry practices regard-
ing site security, and security of transportation of regu-
lated substances. The Attorney General shall submit the 
report, containing the results of the review, together with 
recommendations, if any, for reducing vulnerability of 
covered stationary sources to criminal and terrorist activ-
ity, to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate and other rel-
evant committees of Congress. 
(II) NONAVAILABILITY OF INFORMATION DEVELOPED 
OR RECEIVED FOR REPORT.—Information developed by 
the Attorney General or requested by the Attorney Gen-
eral and received from a covered stationary source for 
the purpose of conducting the review under subclause (I) 
shall be exempt from disclosure under section 552 of 
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title 5 if disclosure of the information would pose a 
threat to national security. 
(xi) SCOPE.—This subparagraph— 
(I) applies only to covered persons; and 
(II) does not restrict the dissemination of off-site con-
sequence analysis information by any covered person in 
any manner or form except in the form of a risk man-
agement plan or an electronic data base created by the 
Administrator from off-site consequence analysis infor-
mation. 
(xii) AUTHORIZATION OF APPROPRIATIONS.—There are au-
thorized to be appropriated to the Administrator and the At-
torney General such sums as are necessary to carry out this 
subparagraph (including the regulations promulgated under 
clause (ii)), to remain available until expended. 
(E) DISTINCTIONS.—Regulations promulgated under this para-
graph may make distinctions between various types, classes, and 
kinds of facilities, devices, and systems, taking into consideration 
factors that include the size, location, process, process controls, 
quantity of substances handled, potency of substances, and re-
sponse capabilities present at any stationary source. 
(8) RESEARCH ON HAZARD ASSESSMENTS.—The Administrator may 
collect and publish information on accident scenarios and consequences 
covering a range of possible events for substances listed under para-
graph (3). The Administrator shall establish a program of long-term 
research to develop and disseminate information on methods and tech-
niques for hazard assessment that may be useful in improving and vali-
dating the procedures employed in the preparation of hazard assess-
ments under this subsection. 
(9) ORDER AUTHORITY.— 
(A) IN GENERAL.—In addition to any other action taken, when 
the Administrator determines that there may be an imminent and 
substantial endangerment to the human health or welfare or the 
environment because of an actual or threatened accidental release 
of a regulated substance, the Administrator may secure such relief 
as may be necessary to abate the danger or threat, and the district 
court of the United States for the district in which the threat oc-
curs shall have jurisdiction to grant such relief as the public inter-
est and the equities of the case may require. The Administrator 
may also, after notice to the State in which the stationary source 
is located, take other action under this paragraph including 
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issuing such orders as may be necessary to protect human health. 
The Administrator shall take action under section 203103 of this 
title rather than this paragraph whenever the authority of that 
section is adequate to protect human health and the environment. 
(B) ENFORCEMENT.—An order issued pursuant to this para-
graph may be enforced in an action brought in the appropriate 
United States district court as if the order were issued under sec-
tion 203103 of this title. 
(C) GUIDANCE.—The Administrator shall publish guidance for 
using the order authorities established by this paragraph. The 
guidance shall provide for the coordinated use of the authorities 
of this paragraph with other emergency powers authorized by sec-
tion 106 of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9606), sections 
308, 309, 311(c), and 504(a) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1318, 1319, 1321(c), 1364(a)), sections 3007, 
3008, 3013, and 7003 of the Solid Waste Disposal Act (42 U.S.C. 
6927, 6928, 6934, 6973), sections 1431 and 1445 of the Safe 
Drinking Water Act (42 U.S.C. 300i, 300j–4), sections 5 and 7 
of the Toxic Substances Control Act (15 U.S.C. 2604, 2606), and 
sections 203103, 211113, and 211114 of this title. 
(10) STATE AUTHORITY.—Nothing in this subsection shall preclude, 
deny, or limit any right of a State or political subdivision thereof to 
adopt or enforce any regulation, requirement, limitation, or standard 
(including any procedural requirement) that is more stringent than a 
regulation, requirement, limitation, or standard in effect under this 
subsection or that applies to a substance not subject to this subsection. 
(11) CONSISTENCY WITH ASME, ASNI, AND ASTM STANDARDS AND 
RECOMMENDATIONS.—Any regulations promulgated pursuant to this 
subsection shall, to the maximum extent practicable, consistent with 
this subsection, be consistent with the recommendations and standards 
established by the American Society of Mechanical Engineers, the 
American National Standards Institute, or ASTM International. 
(12) CONCERNS OF SMALL BUSINESS.—The Administrator shall take 
into consideration the concerns of small business in promulgating regu-
lations under this subsection. 
(13) RADIONUCLIDES.—Nothing in this subsection shall be inter-
preted, construed, or applied to impose requirements affecting, or to 
grant the Administrator, the Chemical Safety and Hazard Investigation 
Board, or any other agency any authority to regulate (including re-
quirements for hazard assessment), the accidental release of radio-
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nuclides arising from the construction and operation of facilities li-
censed by the Nuclear Regulatory Commission. 
(14) PROHIBITION.—It shall be unlawful for any person to operate 
any stationary source subject to a regulation or requirement imposed 
under this subsection in violation of the regulation or requirement. 
Each regulation or requirement under this subsection shall, for pur-
poses of sections 203102, 203104, 211113, 211114, 211116, and 
211119 of this title and other enforcement provisions of this division, 
be treated as a standard in effect under subsection (d). 
(15) PERMITS.—Notwithstanding subdivision 6 or this section, no 
stationary source shall be required to apply for, or operate pursuant 
to, a permit issued under that subdivision solely because the source is 
subject to regulations or requirements under this subsection. 
(16) OCCUPATIONAL SAFETY AND HEALTH.—In exercising any au-
thority under this subsection, the Administrator shall not, for purposes 
of section 4(b)(1) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 653(b)(1)), be considered to be exercising statutory author-
ity to prescribe or enforce standards or regulations affecting occupa-
tional safety and health. 
§ 211113. Federal enforcement 
(a) DEFINITIONS.—In this section: 
(1) OPERATOR.— 
(A) IN GENERAL.—The term ‘‘operator’’ includes any person 
who is a part of senior management personnel or is a corporate 
officer. 
(B) EXCLUSIONS.—Except in the case of a knowing and willful 
violation, the term ‘‘operator’’ does not include any person who is 
a stationary engineer or technician responsible for the operation, 
maintenance, repair, or monitoring of equipment and facilities and 
who often has supervisory and training duties but who is not a 
part of senior management personnel and not a corporate officer. 
(2) PERIOD OF FEDERALLY ASSUMED ENFORCEMENT.—The term 
‘‘period of federally assumed enforcement’’ means a period described in 
subsection (b)(2)(C). 
(b) IN GENERAL.— 
(1) ORDER TO COMPLY WITH SIP.—Whenever, on the basis of any 
information available to the Administrator, the Administrator finds 
that any person has violated or is in violation of any requirement or 
prohibition of an applicable implementation plan or permit, the Admin-
istrator shall notify the person and the State in which the plan applies 
of the finding. At any time after the expiration of 30 days following 
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the date on which the notice of violation is issued, the Administrator 
may, without regard to the period of violation (subject to section 2462 
of title 28)— 
(A) issue an order requiring the person to comply with the re-
quirements or prohibitions of the plan or permit; 
(B) issue an administrative penalty order in accordance with 
subsection (e); or 
(C) bring a civil action in accordance with subsection (c). 
(2) STATE FAILURE TO ENFORCE SIP OR PERMIT PROGRAM.— 
(A) NOTICE TO STATE.—Whenever, on the basis of information 
available to the Administrator, the Administrator finds that viola-
tions of an applicable implementation plan or an approved permit 
program under subdivision 6 are so widespread that the violations 
appear to result from a failure of the State in which the plan or 
permit program applies to enforce the plan or permit program ef-
fectively, the Administrator shall so notify the State. In the case 
of a permit program, the notice shall be made in accordance with 
subdivision 6. 
(B) PUBLIC NOTICE.—If the Administrator finds that the fail-
ure extends beyond the 30th day after the notice (90 days in the 
case of such a permit program), the Administrator shall give pub-
lic notice of that finding. 
(C) PERIOD OF FEDERALLY ASSUMED ENFORCEMENT.—During 
the period beginning with the public notice under subparagraph 
(B) and ending when the State satisfies the Administrator that 
the State will enforce the plan or permit program, the Adminis-
trator may enforce any requirement or prohibition of the plan or 
permit program with respect to any person by— 
(i) issuing an order requiring the person to comply with the 
requirement or prohibition; 
(ii) issuing an administrative penalty order in accordance 
with subsection (e); or 
(iii) bringing a civil action in accordance with subsection 
(c). 
(3) EPA ENFORCEMENT OF OTHER REQUIREMENTS.—Except for a 
requirement or prohibition enforceable under paragraph (1) or (2), 
when, on the basis of any information available to the Administrator, 
the Administrator finds that any person has violated, or is in violation 
of, any other requirement or prohibition of this subdivision, section 
203103 of this title, subdivision 5, 6, or 7 (including a requirement or 
prohibition of any regulation, plan, order, waiver, or permit promul-
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gated, issued, or approved under those provisions, or for the payment 
of any fee owed to the United States under this division, other than 
subdivision 3), the Administrator may— 
(A) issue an administrative penalty order in accordance with 
subsection (b); 
(B) issue an order requiring the person to comply with the re-
quirement or prohibition; 
(C) bring a civil action in accordance with subsection (c) or sec-
tion 203105 of this title; or 
(D) request the Attorney General to commence a criminal action 
in accordance with subsection (d). 
(4) REQUIREMENTS FOR ORDERS.— 
(A) OPPORTUNITY TO CONFER.—An order issued under this 
subsection (other than an order relating to a violation of section 
211112 of this title) shall not take effect until the person to which 
it is issued has had an opportunity to confer with the Adminis-
trator concerning the alleged violation. 
(B) COPY
TO
STATE
AIR
POLLUTION
CONTROL
AGENCY.—A 
copy of any order issued under this subsection shall be sent to the 
State air pollution control agency of any State in which the viola-
tion occurs. 
(C) CORPORATIONS.—In any case in which an order under this 
subsection (or notice to a violator under paragraph (1)) is issued 
to a corporation, a copy of the order (or notice) shall be issued 
to appropriate corporate officers. 
(D) CONTENTS.—Any order issued under this subsection 
shall— 
(i) state with reasonable specificity the nature of the viola-
tion; 
(ii) specify a time for compliance that the Administrator 
determines is reasonable, taking into account the seriousness 
of the violation and any good faith efforts to comply with ap-
plicable requirements; and 
(iii) require the person to which it is issued to comply with 
the requirement as expeditiously as practicable, but in no 
event longer than 1 year after the date the order is issued. 
(E) NONRENEWABILITY.—An order issued under this subsection 
shall be nonrenewable. 
(F) EFFECT.—No order issued under this subsection shall— 
(i) preclude the State or the Administrator from assessing 
any penalties or otherwise affect or limit the authority of the 
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State or the United States to enforce under other provisions 
of this division; or 
(ii) affect any person’s obligations to comply with any sec-
tion of this division or with a term or condition of any permit 
or applicable implementation plan promulgated or approved 
under this division. 
(5) FAILURE TO COMPLY WITH NEW SOURCE REQUIREMENTS.— 
(A) IN GENERAL.—Whenever, on the basis of any available in-
formation, the Administrator finds that a State is not acting in 
compliance with any requirement or prohibition of this division re-
lating to the construction of new sources or the modification of ex-
isting sources, the Administrator may— 
(i) issue an order prohibiting the construction or modifica-
tion of any major stationary source in any area to which the 
requirement or prohibition applies; 
(ii) issue an administrative penalty order in accordance 
with subsection (e); or 
(iii) bring a civil action under subsection (c). 
(B) CRIMINAL ACTION.—Nothing in this subsection shall pre-
clude the United States from commencing a criminal action under 
subsection (d) at any time for any violation described in subpara-
graph (A). 
(c) CIVIL JUDICIAL ENFORCEMENT.— 
(1) IN GENERAL.—The Administrator shall, as appropriate, in the 
case of any person that is the owner or operator of an affected source, 
a major emitting facility, or a major stationary source, and may, in the 
case of any other person, commence a civil action for a permanent or 
temporary injunction, or to assess and recover a civil penalty of not 
more than $25,000 per day for each violation, or both— 
(A) whenever the person has violated, or is in violation of, any 
requirement or prohibition of an applicable implementation plan or 
permit; 
(B) whenever the person has violated, or is in violation of, any 
other requirement or prohibition of this subdivision, section 
203103 of this title, or subdivision 5, 6, or 7 (including a require-
ment or prohibition of any regulation, order, waiver or permit pro-
mulgated, issued, or approved under this division, or for the pay-
ment of any fee owed the United States under this division (other 
than subdivision 3); or 
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(C) whenever the person attempts to construct or modify a 
major stationary source in any area with respect to which a find-
ing under subsection (b)(5)(A) has been made. 
(2) TIME FOR ACTION.—An action under paragraph (1)(A) shall be 
commenced— 
(A) during any period of federally assumed enforcement; or 
(B) more than 30 days following the date of the Administrator’s 
notification under subsection (b)(1) that the person has violated, 
or is in violation of, the requirement or prohibition. 
(3) PLACE FOR ACTION.—Any action under this subsection may be 
brought in the United States district court for the district in which the 
violation is alleged to have occurred, or is occurring, or in which the 
defendant resides, or where the defendant’s principal place of business 
is located, and the court shall have jurisdiction to restrain the violation, 
to require compliance, to assess a civil penalty, to collect any fees owed 
the United States under this division (other than subdivision 3) and 
any noncompliance assessment and nonpayment penalty owed under 
section 211119 of this title, and to award any other appropriate relief. 
(4) NOTICE TO STATE AIR POLLUTION CONTROL AGENCY.—Notice of 
the commencement of an action under this subsection shall be given to 
the appropriate State air pollution control agency. 
(5) COSTS.—In the case of any action brought by the Administrator 
under this subsection, the court may award costs of litigation (includ-
ing reasonable attorney’s fees and expert witness’s fees) to the party 
or parties against which the action was brought if the court finds that 
the action was unreasonable. 
(d) CRIMINAL PENALTIES.— 
(1) IN GENERAL.—Criminal penalties for a violation described in 
paragraph (2) are provided under section 732 of title 18. 
(2) VIOLATIONS.—The violations referred to in paragraph (1) are as 
follows: 
(A) A knowing violation by a person of— 
(i) a requirement or prohibition of an applicable implemen-
tation plan— 
(I) during any period of federally assumed enforce-
ment; or 
(II) more than 30 days after having been notified by 
the Administrator under subsection (b)(1) that the per-
son is violating the requirement or prohibition); 
(ii)(I) subsection (b)(1); 
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(II) section 203103, 211111(j), 211112, 211113(b)(1), 
211114, 
211128, 
213107(a), 
213109, 
235102(a), 
or 
235103(c) of this title; or 
(III) subdivision 5 or 7 of division A of subtitle II of title 
55; 
(iii) a requirement of a regulation, order, waiver, or permit 
promulgated or approved under a section or subdivision speci-
fied in clause (ii); or 
(iv) a requirement for the payment of a fee owed the 
United States under this division (other than subdivision 3); 
(B)(i) A knowing making of any false material statement, rep-
resentation, or certification in, or omission of material information 
from, or knowing alteration, concealment, or failure to file or 
maintain any notice, application, record, report, plan, or other doc-
ument required pursuant to this division to be filed or maintained 
(whether with respect to the requirements imposed by the Admin-
istrator or with respect to the requirements imposed by a State). 
(ii) A knowing failure to notify or report as required under this 
division. 
(iii) A knowing falsification, tampering with, rendering inac-
curate, or failure to install any monitoring device or method re-
quired to be maintained or followed under this division. 
(C) A knowing failure to pay any fee owed the United States 
under subdivision 1, 2, 5, 6, or 7. 
(D) A negligent release by a person into the ambient air of any 
hazardous air pollutant listed pursuant to section 211112 of this 
title or of any extremely hazardous substance listed pursuant to 
section 302(a)(2) of the Emergency Planning and Community 
Right-To-Know Act of 1986 (42 U.S.C. 11002(a)(2)) that is not 
listed in section 211112 of this title, if, at the time, the person 
negligently places another person in imminent danger of death or 
serious bodily injury. 
(E) A knowing release by a person into the ambient air of any 
hazardous air pollutant listed pursuant to section 211112 of this 
title or any extremely hazardous substance listed pursuant to sec-
tion 302(a)(2) of the Emergency Planning and Community Right- 
To-Know Act of 1986 (42 U.S.C. 11002(a)(2)) that is not listed 
in section 211112 of this title, if, at the time, the person knows 
that the person thereby places another person in imminent danger 
of death or serious bodily injury. 
(e) ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES.— 
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(1) IN GENERAL.— 
(A) ISSUANCE OF ADMINISTRATIVE ORDER.—The Administrator 
may issue an administrative order against any person assessing a 
civil administrative penalty of up to $25,000 per day of violation 
whenever, on the basis of any available information, the Adminis-
trator finds that the person— 
(i) has violated or is violating any requirement or prohibi-
tion of an applicable implementation plan; or 
(ii) has violated or is violating any other requirement or 
prohibition of this subdivision or subdivision 1, 5, 6, or 7, in-
cluding a requirement or prohibition of any regulation, order, 
waiver, permit, or plan promulgated, issued, or approved 
under this division; 
(iii) has failed to pay any fee owed the United States under 
this division (other than subdivision 3); or 
(iv) attempts to construct or modify a major stationary 
source in any area with respect to which a finding under sub-
section (b)(5) has been made. 
(B) TIME FOR ISSUANCE.—An administrative order under sub-
paragraph (A)(i) shall be issued— 
(i) during any period of federally assumed enforcement; or 
(ii) more than 30 days following the date of the Adminis-
trator’s notification under subsection (b)(1) of a finding that 
the person has violated or is violating the requirement or pro-
hibition. 
(C) LIMITATION.—The Administrator’s authority under this 
paragraph shall be limited to matters where the total penalty 
sought does not exceed $200,000 and the 1st alleged date of viola-
tion occurred not more than 12 months prior to the initiation of 
the administrative action, except where the Administrator and the 
Attorney General jointly determine that a matter involving a larg-
er penalty amount or longer period of violation is appropriate for 
administrative penalty action. Any such determination by the Ad-
ministrator and the Attorney General shall not be subject to judi-
cial review. 
(2) PROCEDURE.— 
(A) OPPORTUNITY FOR A HEARING.—An administrative order 
under paragraph (1) shall be issued after opportunity for a hear-
ing on the record in accordance with sections 554 and 556 of title 
5. The Administrator shall issue reasonable rules for discovery and 
other procedures for hearings under this paragraph. Before 
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issuing such an order, the Administrator shall give to the person 
to be assessed an administrative penalty written notice of the Ad-
ministrator’s proposal to issue the order and provide the person 
an opportunity to request a hearing on the order, within 30 days 
after the date on which the notice is received by the person. 
(B) COMPROMISE, MODIFICATION, OR REMISSION OF ADMINIS-
TRATIVE PENALTY.—The Administrator may compromise, modify, 
or remit, with or without conditions, any administrative penalty 
that may be imposed under this subsection. 
(3) FIELD CITATION PROGRAM.— 
(A) IN GENERAL.—The Administrator may implement, after 
consultation with the Attorney General and the States, a field cita-
tion program through regulations establishing appropriate minor 
violations for which field citations assessing civil penalties not to 
exceed $5,000 per day of violation may be issued by officers or 
employees designated by the Administrator. 
(B) ELECTION TO PAY OR REQUEST HEARING.—Any person to 
whom a field citation is assessed may, within a reasonable time 
as prescribed by the Administrator by regulation, elect to pay the 
penalty assessment or to request a hearing on the field citation. 
If a request for a hearing is not made within the time specified 
in the regulation, the penalty assessment in the field citation shall 
be final. Such a hearing shall not be subject to section 554 or 556 
of title 5, but shall provide a reasonable opportunity to be heard 
and to present evidence. 
(C) NO DEFENSE TO FURTHER ENFORCEMENT.—Payment of a 
civil penalty required by a field citation shall not be a defense to 
further enforcement by the United States or a State to correct a 
violation, or to assess the statutory maximum penalty pursuant to 
other authorities in this division, if the violation continues. 
(4) JUDICIAL REVIEW.— 
(A) IN GENERAL.—Any person against which a civil penalty is 
assessed under paragraph (3) or to which an administrative pen-
alty order is issued under paragraph (1) may seek review of the 
assessment in the United States District Court for the District of 
Columbia or for the district in which the violation is alleged to 
have occurred, in which the person resides, or where the person’s 
principal place of business is located, by filing in the court within 
30 days after the date on which the administrative penalty order 
becomes final under paragraph (2), the assessment becomes final 
under paragraph (3), or a final decision following a hearing under 
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paragraph (3) is rendered, and by simultaneously sending a copy 
of the filing by certified mail to the Administrator and the Attor-
ney General. 
(B) RECORD.—Within 30 days after the date of a filing under 
subparagraph (A), the Administrator shall file in the court a cer-
tified copy, or certified index, as appropriate, of the record on 
which the administrative penalty order or assessment was issued. 
(C) SCOPE OF REVIEW.—The court shall not set aside or re-
mand the order or assessment unless there is not substantial evi-
dence in the record, taken as a whole, to support the finding of 
a violation or unless the order or penalty assessment constitutes 
an abuse of discretion. 
(D) NO OTHER JUDICIAL REVIEW.—An order or penalty assess-
ment described in subparagraph (A) shall not be subject to review 
by any court except as provided in this paragraph. 
(E) RECOVERY OF CIVIL PENALTIES.—In any proceeding under 
this paragraph, the United States may seek to recover civil pen-
alties ordered or assessed under this section. 
(5) FAILURE TO PAY ASSESSMENT OR COMPLY WITH ADMINISTRA-
TIVE ORDER.— 
(A) IN GENERAL.—If any person fails to pay an assessment of 
a civil penalty or fails to comply with an administrative penalty 
order— 
(i) after the order or assessment has become final; or 
(ii) after a court in an action brought under paragraph (4) 
has entered a final judgment in favor of the Administrator; 
the Administrator shall request the Attorney General to bring a 
civil action in an appropriate United States district court to en-
force the order or to recover the amount ordered or assessed (plus 
interest at rates established pursuant to section 6621(a)(2) of the 
Internal Revenue Code of 1986 (26 U.S.C. 6621(a)(2)) from the 
date of the final order or decision or the date of the final judg-
ment, as the case may be). 
(B) VALIDITY, AMOUNT, AND APPROPRIATENESS NOT SUBJECT 
TO REVIEW.—In a civil action under subparagraph (A), the valid-
ity, amount, and appropriateness of the order or assessment shall 
not be subject to review. 
(C) ENFORCEMENT EXPENSES.—Any person that fails to pay 
on a timely basis a civil penalty ordered or assessed under this 
section shall be required to pay, in addition to the civil penalty 
and interest, the enforcement expenses of the United States, in-
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cluding attorney’s fees and costs incurred by the United States for 
collection proceedings and a quarterly nonpayment penalty for 
each quarter during which the failure to pay persists. The non-
payment penalty shall be 10 percent of the aggregate amount of 
the person’s outstanding penalties and nonpayment penalties ac-
crued as of the beginning of each such quarter. 
(f) PENALTY ASSESSMENT CRITERIA.— 
(1) FACTORS.—In determining the amount of any civil penalty to be 
assessed under this section, the Administrator or the court, as appro-
priate, shall take into consideration (in addition to such other factors 
as justice may require)— 
(A) the size of the business; 
(B) the economic impact of the civil penalty on the business; 
(C) the violator’s full compliance history and good faith efforts 
to comply; 
(D) the duration of the violation as established by any credible 
evidence (including evidence other than the applicable test meth-
od); 
(E) payment by the violator of penalties previously assessed for 
the same violation; 
(F) the economic benefit of noncompliance; and 
(G) the seriousness of the violation. 
(2) LIMITATION.—The court shall not assess a penalty for non-
compliance with an administrative subpoena under section 203102(a) 
of this title, or an action under section 211114 of this title, where the 
violator had sufficient cause to violate or fail or refuse to comply with 
the subpoena or action. 
(3) CIVIL PENALTY FOR EACH DAY OF VIOLATION.—A civil penalty 
may be assessed for each day of violation. For purposes of determining 
the number of days of violation for which a civil penalty may be as-
sessed under subsection (c) or (e)(1) or section 203104(b) of this title, 
where the Administrator or an air pollution control agency has notified 
the source of the violation, and the plaintiff makes a prima facie show-
ing that the conduct or events giving rise to the violation are likely to 
have continued or recurred past the date of notice, the days of violation 
shall be presumed to include the date of the notice and each day there-
after until the violator establishes that continuous compliance has been 
achieved, except to the extent that the violator can prove by a prepon-
derance of the evidence that there were intervening days during which 
no violation occurred or that the violation was not continuing in nature. 
(g) AWARDS.— 
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(1) IN GENERAL.—The Administrator may pay an award, not to ex-
ceed $10,000, to any person that furnishes information or services that 
lead to a criminal conviction or a judicial or administrative civil penalty 
for any violation of this subdivision or subdivision 1, 5, 6, or 7 enforced 
under this section. 
(2) AVAILABILITY OF APPROPRIATIONS.—A payment under para-
graph (1) is subject to available appropriations for such payments as 
provided in annual appropriation Acts. 
(3) INELIGIBILITY OF GOVERNMENT OFFICERS AND EMPLOYEES.— 
Any officer or employee of the United States or any State or local gov-
ernment who furnishes information or renders service in the perform-
ance of an official duty is ineligible for payment under this subsection. 
(4) ADDITIONAL CRITERIA.—The Administrator may, by regulation, 
prescribe additional criteria for eligibility for an award under this sub-
section. 
(h) SETTLEMENTS; PUBLIC PARTICIPATION.— 
(1) OPPORTUNITY TO COMMENT.—At least 30 days before a consent 
order or settlement agreement of any kind under this division to which 
the United States is a party (other than an enforcement action under 
this section, section 211119 of this title, or subdivision 3, whether or 
not involving civil or criminal penalties, or judgments subject to De-
partment of Justice policy on public participation) is final or filed with 
a court, the Administrator shall provide a reasonable opportunity by 
notice in the Federal Register to persons that are not named as parties 
or intervenors to the action or matter to comment in writing. 
(2) CONSIDERATION OF COMMENTS; WITHHOLDING OR WITHDRAWAL 
OF CONSENT.—The Administrator or the Attorney General, as appro-
priate— 
(A) shall promptly consider any such written comments; and 
(B) may withdraw or withhold consent to the proposed order or 
agreement if the comments disclose facts or considerations that in-
dicate that consent is inappropriate, improper, inadequate, or in-
consistent with the requirements of this division. 
(3) EFFECT OF SUBSECTION.—Nothing in this subsection shall apply 
to civil or criminal penalties under this division. 
§ 211114. Recordkeeping, inspections, monitoring, and entry 
(a) AUTHORITY
OF ADMINISTRATOR
OR AUTHORIZED REPRESENTA-
TIVE.— 
(1) PURPOSES.—The Administrator may take the actions described 
in paragraph (2) for the purpose of— 
(A) developing or assisting in the development of— 
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(i) any implementation plan under section 211110 or 
211111(d) of this title; 
(ii) any standard of performance under section 211111 of 
this title; 
(iii) any emission standard under section 211112 of this 
title; or 
(iv) any regulation of solid waste combustion under section 
211128 of this title; 
(B) determining whether any person is in violation of any such 
standard or any requirement of such a plan; or 
(C) carrying out any provision of this division (except a provi-
sion of subdivision 3 with respect to a manufacturer of new motor 
vehicles or new motor vehicle engines). 
(2) ACTIONS.—For any of the purposes stated in paragraph (1)— 
(A) the Administrator may require any person that owns or op-
erates any emission source, that manufactures emission control 
equipment or process equipment, that the Administrator believes 
may have information necessary for the purposes set forth in this 
subsection, or that is subject to any requirement of this division 
(other than a manufacturer subject to the provisions of section 
221106(c) or 221108 of this title with respect to a provision of 
subdivision 3) on a one-time, periodic, or continuous basis to— 
(i) establish and maintain such records as the Adminis-
trator may reasonably require; 
(ii) make such reports as the Administrator may reason-
ably require; 
(iii) install, use, and maintain such monitoring equipment, 
and use such audit procedures, or methods, as the Adminis-
trator may reasonably require; 
(iv) sample such emissions (in accordance with such proce-
dures or methods, at such locations, at such intervals, during 
such periods and in such manner as the Administrator shall 
prescribe); 
(v) keep records on control equipment parameters, produc-
tion variables or other indirect data when direct monitoring 
of emissions is impractical; 
(vi) submit compliance certifications in accordance with 
paragraph (3); and 
(vii) provide such other information as the Administrator 
may reasonably require; and 
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(B) the Administrator or an authorized representative of the 
Administrator, on presentation of his or her credentials— 
(i) shall have a right of entry to, on, or through any prem-
ises of a person described in subparagraph (A) or in which 
any records required to be maintained under subparagraph 
(A) are located; and 
(ii) may at reasonable times have access to and copy any 
records, inspect any monitoring equipment or method re-
quired under subparagraph (A), and sample any emissions 
that a person is required to sample under subparagraph (A). 
(3) ENHANCED MONITORING; SUBMISSION OF COMPLIANCE CERTIFI-
CATIONS.— 
(A) IN GENERAL.—The Administrator shall, in the case of any 
person that is the owner or operator of a major stationary source, 
and may, in the case of any other person, require enhanced moni-
toring and submission of compliance certifications. 
(B) COMPLIANCE CERTIFICATIONS.—A compliance certification 
shall include— 
(i) identification of the applicable requirement that is the 
basis of the certification; 
(ii) the method used for determining the compliance status 
of the source; 
(iii) the compliance status; 
(iv) whether compliance is continuous or intermittent; and 
(v) such other facts as the Administrator may require. 
(C) EFFECT OF SUBMISSION OF COMPLIANCE CERTIFICATE.— 
Submission of a compliance certification shall in no way limit the 
Administrator’s authorities to investigate or otherwise implement 
this division. 
(D) REGULATIONS.—The Administrator shall promulgate regu-
lations to provide guidance and to implement this paragraph. 
(b) STATE ENFORCEMENT.— 
(1) IN GENERAL.—A State may develop and submit to the Adminis-
trator a procedure for carrying out this section in the State. If the Ad-
ministrator finds that the State procedure is adequate, the Adminis-
trator may delegate to the State any authority that the Administrator 
has to carry out this section. 
(2) EFFECT OF SUBSECTION.—Nothing in this subsection precludes 
the Administrator from carrying out this section in a State. 
(c) PUBLIC AVAILABILITY OF RECORDS, REPORTS, AND INFORMATION.— 
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