Clean Air Act Amendments of 1990
PL 101-549 (S.1630), enacted 11/15/1990

PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2399 
Public Law 101-549 
101st Congress 
An Act 
To amend the Clean Air Act to provide for attainment and maintenance of health 
Nov. 15, 1990 
protective national ambient air quality standards, and for other purposes. 
[S. 1630] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Air pollution 
control. 
TITLE I—PROVISIONS FOR ATTAINMENT 
AND MAINTENANCE OF NATIONAL AM-
BIENT AIR QUALITY STANDARDS 
General planning requirements. 
General provisions for nonattainment areas. 
Additional provisions for ozone nonattainment are£is. 
Additional provisions for carbon monoxide nonattainment areas. 
Additional provisions for particulate matter (PM-10) nonattainment areas. 
Additional provisions for areas designated nonattainment for sulfur 
oxides, nitrogen dioxide, and lead. 
Provisions related to Indian tribes. 
Miscellaneous provisions. 
Interstate pollution. 
Conforming amendments. 
Transportation system impacts on clean air. 
SEC. 101. GENERAL PLANNING REQUIREMENTS. 
Inter-
(a) AREA DESIGNATIONS.—Section 107(d) of the Clean Air Act (42 fel^tio^^" 
U.S.C. 7407(d)) is amended to read as follows: 
"(d) DESIGNATIONS.— 
"(1) DESIGNATIONS GENERALLY.— 
"(A) SUBMISSION BY GOVERNORS OF INITIAL DESIGNATIONS 
FOLLOWING PROMULGATION OF NEW OR REVISED STANDARDS.— 
By such date as the Administrator may reasonably require, 
but not later than 1 year after promulgation of a new or 
revised national ambient air quality standard for any 
pollutant under section 109, the Governor of each State 
shall (and at any other time the Governor of a State deems 
appropriate the Governor may) submit to the Adminis-
trator a list of all areas (or portions thereof) in the State, 
designating as— 
"(i) nonattainment, any area that does not meet (or 
that contributes to ambient air quality in a nearby area 
that does not meet) the national primary or secondary 
ambient air quality standard for the pollutant, 
"(ii) attainment, any area (other than an area identi-
fied in clause (i)) that meets the national primary or 
secondary ambient air quality standard for the pollut-
ant, or 
"(iii) unclassifiable, any area that cannot be classified 
on the basis of available information as meeting or not 
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49-139 O - 90 - 1 (549) 
104 STAT. 2400 
PUBLIC LAW 101-549—NOV. 15, 1990 
meeting the national primary or secondary ambient air 
quality standard for the pollutant. 
The Administrator may not require the Governor to submit 
the required list sooner than 120 days after promulgating a 
new or revised national ambient air quality standard. 
"(B) PROMULGATION BY EPA OF DESIGNATIONS.—(i) Upon 
promulgation or revision of a national ambient air quality 
standard, the Administrator shall promulgate the designa-
tions of all areas (or portions thereof) submitted under 
subparagraph (A) as expeditiously as practicable, but in no 
case later than 2 years from the date of promulgation of the 
new or revised national ambient air quality standard. Such 
period may be extended for up to one year in the event the 
Administrator has insufficient information to promulgate 
the designations. 
"(ii) In making the promulgations required under clause 
(i), the Administrator may make such modifications as the 
Administrator deems necessary to the designations of the 
areas (or portions thereof) submitted under subparagraph 
(A) (including to the boundaries of such areas or portions 
thereof). Whenever the Administrator intends to make a 
modification, the Administrator shall notify the State and 
provide such State with an opportunity to demonstrate why 
any proposed modification is inappropriate. The Adminis-
trator shall give such notification no later than 120 days 
before the date the Administrator promulgates the designa-
tion, including any modification thereto. If the Governor 
fails to submit the list in whole or in part, as required 
under subparagraph (A), the Administrator shall promul-
gate the designation that the Administrator deems appro-
priate for any area (or portion thereof) not designated by 
the State. 
"(iii) If the Governor of any State, on the Governor's own 
motion, under subparagraph (A), submits a list of areas (or 
portions thereof) in the State designated as nonattainment, 
attainment, or unclassifiable, the Administrator shall act 
on such designations in accordance with the procedures 
under paragraph (3) (relating to redesignation). 
"(iv) A designation for an area (or portion thereof) made 
pursuant to this subsection shall remain in effect until the 
area (or portion thereof) is redesignated pursuant to para-
graph (3) or (4). 
"(C) DESIGNATIONS BY OPERATION OF LAW.—(i) Any area 
designated with respect to any air pollutant under the 
provisions of paragraph (1) (A), (B), or (C) of this subsection 
(as in effect immediately before the date of the enactment 
of the Clean Air Act Amendments of 1990) is designated, by 
operation of law, as a nonattainment area for such pollut-
ant within the meaning of subparagraph (A)(i). 
"(ii) Any area designated with respect to any air pollut-
ant under the provisions of paragraph (1)(E) (as in effect 
immediately before the date of the enactment of the Clean 
Air Act Amendments of 1990) is designated by operation of 
law, as an attainment area for such pollutant within the 
meaning of subparagraph (A)(ii). 
"(iii) Any area designated with respect to any air pollut-
ant under the provisions of paragraph (1)(D) (as in effect 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2401 
immediately before the date of the enactment of the Clean 
Air Act Amendments of 1990) is designated, by operation of 
law, as an unclassifiable area for such pollutant within the 
meaning of subparagraph (AXiii). 
"(2) PUBUCATION OF DESIGNATIONS AND REDESIGNATIONS.—(A) 
The Administrator shall publish a notice in the Federal Reg-
ister promulgating any designation under paragraph (1) or (5), 
or announcing any designation under paragraph (4), or promul-
gating any redesignation under paragraph (3). 
"(B) Promulgation or announcement of a designation under 
paragraph (1), (4) or (5) shall not be subject to the provisions of 
sections 553 through 557 of title 5 of the United States C!ode 
(relating to notice and comment), except nothing herein shall be 
construed as precluding such public notice and comment when-
ever possible. 
"(3) REDESIGNATION.—(A) Subject to the requirements of 
subparagraph (E), and on the basis of air quality data, planning 
and control considerations, or any other air quality-related 
considerations the Administrator 
deems appropriate, 
the 
Administrator may at any time notify the Governor of any 
State that available information indicates that the designation 
of any area or portion of an area within the State or interstate 
area should be revised. In issuing such notification, which shall 
be public, to the Governor, the Administrator shall provide such 
information as the Administrator may have available explain-
ing the basis for the notice. 
"(B) No later than 120 days after receiving a notification 
under subparagraph (A), the Governor shall submit to the 
Administrator such redesignation, if any, of the appropriate 
area (or areas) or portion thereof within the State or interstate 
area, as the Governor considers appropriate. 
"(C) No later than 120 days after the date described in 
subparagraph (B) (or paragraph (IXBXiii)), the Administrator 
shall promulgate the redesignation, if any, of the area or por-
tion thereof, submitted by the Governor in accordance with 
subparagraph (B), making such modifications as the Adminis-
trator may deem necessary, in the same manner and under the 
same procedure as is applicable under clause (ii) of paragraph 
(IXB), except that the phrase *60 days' shall be substituted for 
the phrase '120 days' in that clause. If the Governor does not 
submit, in accordance with subpargigraph (B), a redesignation 
for an area (or portion thereof) identified by the Administrator 
under subparagraph (A), the Administrator shall promulgate 
such redesignation, if any, that the Administrator deems 
appropriate. 
"(D) The Governor of any State may, on the Governor's own 
motion, submit to the Administrator a revised designation of 
any area or portion thereof within the State. Within 18 months 
of receipt of a complete State redesignation submittal, the 
Administrator shall approve or deny such redesignation. The 
submission of a redesignation by a Governor shall not affect the 
effectiveness or enforceability of the applicable implementation 
plan for the State. 
"(E) The Administrator may not promulgate a redesignation 
of a nonattainment area (or portion thereof) to attainment 
unless— 
Federal 
Roister, 
publication. 
104 STAT. 2402 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(i) the Administrator determines that the area has at-
tained the national ambient air quality standard; 
"(ii) the Administrator has fully approved the applicable 
implementation plan for the area under section llO(k); 
"(iii) the Administrator determines that the improvement 
in air quality is due to permanent and enforceable reduc-
tions in emissions resulting from implementation of the 
applicable implementation plan and applicable Federal air 
pollutant control regulations and other permanent and 
enforceable reductions; 
"(iv) the Administrator has fully approved a maintenance 
plan for the area as meeting the requirements of section 
175A;and 
"(v) the State containing such area has met all require-
ments applicable to the area under section 110 and part D. 
"(F) The Administrator shall not promulgate any redesigna-
tion of any area (or portion thereof) from nonattainment to 
unclassifiable. 
"(4) NONATTAINMENT DESIGNATIONS FOR OZONE, CARBON MON-
OXIDE AND PARTICULATE MATTER (PM-10).— 
"(A) OZONE AND CARBON MONOXIDE.—(i) Within 120 days 
after the date of the enactment of the Clean Air Act 
Amendments of 1990, each Governor of each State shall 
submit to the Administrator a list that designates, affirms 
or reaffirms the designation of, or redesignates (as the case 
may be), all areas (or portions thereof) of the Governor's 
State as attainment, nonattainment, or unclassifiable with 
respect to the national ambient air quality standards for 
ozone and carbon monoxide. 
"(ii) No later than 120 days after the date the Governor is 
required to submit the list of areas (or portions thereof) 
required under clause (i) of this subparagraph, the Adminis-
trator shall promulgate such designations, making such 
modifications as the Administrator may deem necessary, in 
the same manner, and under the same procedure, as is 
applicable under clause (ii) of paragraph (1)(B), except that 
the phrase *60 days' shall be substituted for the phrase '120 
days' in that clause. If the Governor does not submit, in 
accordance with clause (i) of this subparagraph, a designa-
tion for an area (or portion thereof), the Administrator 
shall promulgate the designation that the Administrator 
deems appropriate. 
"(iii) No nonattainment area may be redesignated as an 
attainment area under this subparagraph. 
"(iv) Notwithstanding paragraph (IXCXii) of this subsec-
tion, if an ozone or carbon monoxide nonattainment area 
located within a metropolitan statistical area or consoli-
dated metropolitan statistical area (as established by the 
Bureau of the Census) is classified under part D of this title 
as a Serious, Severe, or Extreme Area, the boundaries of 
such area are hereby revised (on the date 45 days after such 
classification) by operation of law to include the entire 
metropolitan statistical area or consolidated metropolitan 
statistical area, as the case may be, unless within such 45-
day period the Governor (in consultation with State and 
local air pollution control agencies) notifies the Adminis-
trator that additional time is necessary to evaluate the 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2403 
application of clause (v). Whenever a Governor has submit-
ted such a notice to the Administrator, such boundary 
revision shall occur on the later of the date 8 months after 
such classification or 14 months after the date of the enact-
ment of the Clean Air Act Amendments of 1990 unless the 
Governor makes the finding referred to in clause (v), and 
the Administrator concurs in such finding, within such 
period. Except as othenvise provided in this paragraph, a 
boundary revision under this clause or clause (v) shall apply 
for purposes of any State implementation plan revision 
required to be submitted after the date of the enactment of 
the Clean Air Act Amendments of 1990. 
"(v) Whenever the Governor of a State has submitted a 
notice under clause (iv), the Governor, in consultation with 
State and local air pollution control agencies, shall under-
take a study to evaluate whether the entire metropolitan 
statistical area or consolidated metropolitan statistical area 
should be included within the nonattainment area. When-
ever a Governor finds and demonstrates to the satisfaction 
of the Administrator, and the Administrator concurs in 
such finding, that with respect to a portion of a metropoli-
tan statistical area or consolidated metropolitan statistical 
area, sources in the portion do not contribute significantly 
to violation of the national ambient air quality standard, 
the Administrator shall approve the Governor's request to 
exclude such portion from the nonattainment area. In 
making such finding, the Governor and the Administrator 
shall consider factors such as population density, traffic 
congestion, commercial development, industrial develop-
ment, meteorological conditions, and pollution transport. 
"(B) PM-10 DESIGNATIONS.—By operation of law, until 
redesignation by the Administrator pursuant to para-
graph (3)— 
"(i) each area identified in 52 Federal Register 29383 
(Aug. 7, 1987) as a Group I area (except to the extent 
that such identification was modified by the Adminis-
trator before the date of the enactment of the Clean Air 
Act Amendments of 1990) is designated nonattainment 
for PM-10; 
"(ii) any area containing a site for which air quality 
monitoring data show a violation of the national am-
bient air quality standard for PM-10 before January 1, 
1989 (as determined under part 50, appendix K of title 
40 of the Code of Federal Regulations) is hereby des-
ignated nonattainment for PM-10; and 
"(iii) each area not described in clause (i) or (ii) is 
hereby designated unclassifiable for PM-10. 
Any designation for particulate matter (measured in terms 
of total suspended particulates) that the Administrator 
promulgated pursuant to this subsection (as in effect imme-
diately before the date of the enactment of the Clean Air 
Act Amendments of 1990) shall remain in effect for pur-
poses of implementing the maximum allowable increases in 
concentrations of particulate matter (measured in terms of 
total suspended particulates) pursuant to section 163(b), 
until the Administrator determines that such designation is 
no longer necessary for that purpose. 
104 STAT. 2404 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(5) DESIGNATIONS FOR LEAD.—The Administrator may, in the 
Administrator's discretion at any time the Administrator deems 
appropriate, require a State to designate areas (or portions 
thereof) with respect to the national ambient air quality stand-
ard for lead in effect as of the date of the enactment of the 
Clean Air Act Amendments of 1990, in accordance with the 
procedures under subparagraphs (A) and (B) of paragraph (1), 
except that in applying subparagraph (B)(i) of paragraph (1) the 
phrase '2 years from the date of promulgation of the new or 
revised national ambient air quality standard'shall be replaced 
by the phrase '1 year from the date the Administrator notifies 
the State of the requirement to designate areas with respect to 
the standard for lead'.", 
(b) GENERAL REQUIREMENTS FOR IMPLEMENTATION PLANS.—Section 
110(a)(2) of the Clean Air Act (42 U.S.C. 7410(a)(2)) is amended to 
read as follows: 
"(2) Each implementation plan submitted by a State under this 
Act shall be adopted by the State after reasonable notice and public 
hearing. Each such plan shall— 
"(A) include enforceable emission limitations and other con-
trol measures, means, or techniques (including economic incen-
tives such as fees, marketable permits, and auctions of 
emissions rights), as well as schedules and timetables for 
compliance, as may be necessary or appropriate to meet the 
applicable requirements of this Act; 
"(B) provide for establishment and operation of appropriate 
devices, methods, systems, and procedures necessary to— 
"(i) monitor, compile, and analyze data on ambient air 
quality, and 
"(ii) upon request, make such data available to the 
Administrator; 
"(C) include a program to provide for the enforcement of the 
measures described in subparagraph (A), and regulation of the 
modification and construction of any stationary source within 
the areas covered by the plan as necessary to assure that 
national ambient air quality standards are achieved, including 
a permit program as required in parts C and D; 
"(D) contain adequate provisions— 
"(i) prohibiting, consistent with the provisions of this 
title, any source or other type of emissions activity within 
the State from emitting any air pollutant in amounts which 
will— 
"(I) contribute significantly to nonattainment in, or 
interfere with maintenance by, any other State with 
respect to any such national primary or secondary 
ambient air quality standard, or 
"(II) interfere with measures required to be included 
in the applicable implementation plan for any other 
State under part C to prevent significant deterioration 
of air quality or to protect visibility, 
"(ii) insuring compliance with the applicable require-
ments of sections 126 and 115 (relating to interstate and 
international pollution abatement); 
"(E) provide (i) necessary gissurances that the State (or, except 
where the Administrator deems inappropriate, the general pur-
pose local government or governments, or a regional agency 
designated by the State or general purpose local governmente 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2405 
Public 
information. 
for such purpose) will have adequate personnel, funding, and 
authority under State (and, as appropriate, local) law to carry 
out such implementation plan (and is not prohibited by any 
provision of Federal or State law from carrying out such im-
plementation plan or portion thereof), (ii) requirements that the 
State comply with the requirements respecting State boards 
under section 128, and (iii) necessary assurances that, where the 
State has relied on a local or regional government, agency, or 
instrumentality for the implementation of any plan provision, 
the State has responsibility for ensuring adequate implementa-
tion of such plan provision; 
"(F) require, as may be prescribed by the Administrator— 
"(i) the installation, maintenance, and replacement of 
equipment, and the implementation of other necessary 
steps, by owners or operators of stationary sources to mon-
itor emissions from such sources, 
"(ii) periodic reports on the nature and amounts of emis- Reports 
sions and emissions-related data from such sources, and 
"(iii) correlation of such reports by the State agency with 
any emission limitations or standards established pursuant 
to this Act, which reports shall be available at reasonable 
times for public inspection; 
"(G) provide for authority comparable to that in section 303 
and adequate contingency plans to implement such authority; 
"(H) provide for revision of such plan— 
"(i) from time to time as may be necessary to take 
account of revisions of such national primary or secondary 
ambient air quality standard or the availability of improved 
or more expeditious methods of attaining such standard, 
and 
"(ii) except as provided in paragraph (3)(C), whenever the 
Administrator finds on the basis of information available to 
the Administrator that the plan is substantially inadequate 
to attain the national ambient air quality standard which it 
implements or to otherwise comply with any additional 
requirements established under this Act; 
"(I) in the case of a plan or plan revision for an area des-
ignated as a nonattainment area, meet the applicable require-
ments of part D (relating to nonattainment areas); 
"(J) meet the applicable requirements of section 121 (relating 
to consultation), section 127 (relating to public notification), and 
part C (relating to prevention of significant deterioration of air 
quality and visibility protection); 
"(K) provide for— 
"(i) the performance of such air quality modeling as the 
Administrator may prescribe for the purpose of predicting 
the effect on ambient air quality of any emissions of any air 
pollutant for which the Administrator has established a 
national ambient air quality standard, and 
"(ii) the submission, upon request, of data related to such 
air quality modeling to the Administrator; 
"(L) require the owner or operator of each major stationary 
source to pay to the permitting authority, as a condition of any 
permit required under this Act, a fee sufficient to cover— 
"(i) the reasonable costs of reviewing and acting upon any 
application for such a permit, and 
104 STAT. 2406 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(ii) if the owner or operator receives a permit for such 
source, the reasonable costs of implementing and enforcing 
the terms and conditions of any such permit (not including 
any court costs or other costs associated with any enforce-
ment action), 
until such fee requirement is superseded with respect to such 
sources by the Administrator's approval of a fee program under 
title V; and 
"(M) provide for consultation and participation by local politi-
cal subdivisions affected by the plan.'. 
(c) ADDITIONAL PROVISIONS.—Section 110 of the Clean Air Act (42 
U.S.C. 7410) is amended by adding the following at the end thereof: 
"(k) ENVIRONMENTAL PROTECTION AGENCY ACTION ON PLAN 
SUBMISSIONS.— 
"(1) COMPLETENESS OF PLAN SUBMISSIONS.— 
"(A) COMPLETENESS CRITERIA.—Within 9 months after the 
date of the enactment of the Clean Air Act Amendments of 
1990, the Administrator shall promulgate minimum cri-
teria that any plan submission must meet before the 
Administrator is required to act on such submission under 
this subsection. The criteria shall be limited to the informa-
tion necessary to enable the Administrator to determine 
whether the plan submission complies with the provisions 
of this Act. 
"(B) COMPLETENESS FINDING.—Within 60 days of the 
Administrator's receipt of a plan or plan revision, but no 
later than 6 months after the date, if any, by which a State 
is required to submit the plan or revision, the Adminis-
trator shall determine whether the minimum criteria estab-
lished pursuant to subparagraph (A) have been met. Any 
plan or plan revision that a State submits to the Adminis-
trator, and that has not been determined by the Adminis-
trator (by the date 6 months after receipt of the submission) 
to have failed to meet the minimum criteria established 
pursuant to subparagraph (A), shall on that date be deemed 
by operation of law to meet such minimum criteria. 
"(C) EFFECT OF FINDING OF INCOMPLETENESS.—Where the 
Administrator determines that a plan submission (or part 
thereof) does not meet the minimum criteria established 
pursuant to subparagraph (A), the State shall be treated as 
not having made the submission (or, in the Administrator's 
discretion, part thereof). 
"(2) DEADUNE FOR ACTION.—Within 12 months of a determina-
tion by the Administrator (or a determination deemed by oper-
ation of law) under paragraph (1) that a State has submitted a 
plan or plan revision (or, in the Administrator's discretion, part 
thereof) that meets the minimum criteria established pursuant 
to paragraph (1), if applicable (or, if those criteria are not 
applicable, within 12 months of submission of the plan or 
revision), the Administrator shall act on the submission in 
accordance with paragraph (3). 
"(3) FULL AND PARTIAL APPROVAL AND DISAPPROVAL.—In the 
case of any submittal on which the Administrator is required to 
act under paragraph (2), the Administrator shall approve such 
submittal as a whole if it meets all of the applicable require-
ments of this Act. If a portion of the plan revision meets all the 
applicable requirements of this Act, the Administrator may 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2407 
approve the plan revision in part and disapprove the plan 
revision in part. The plan revision shall not be treated as 
meeting the requirements of this Act until the Administrator 
approves the entire plan revision as complying with the ap-
plicable requirements of this Act. 
"(4) CONDITIONAL APPROVAL.—The Administrator may ap-
prove a plan revision based on a commitment of the State to 
adopt specific enforceable measures by a date certain, but not 
later than 1 year after the date of approval of the plan revision. 
Any such conditional approval shall be treated as a disapproval 
if the State fails to comply with such commitment. 
"(5) CALLS FOR PLAN REVISIONS.—Whenever the Administrator 
finds that the applicable implementation plan for any area is 
substantially inadequate to attain or maintain the relevant 
national ambient air quality standard, to mitigate adequately 
the interstate pollutant transport described in section 176A or 
section 184, or to otherwise comply with any requirement of this 
Act, the Administrator shall require the State to revise the plan 
as necessary to correct such inadequacies. The Administrator 
shall notify the State of the inadequacies, and may establish 
reasonable deadlines (not to exceed 18 months after the date of 
such notice) for the submission of such plan revisions. Such 
findings and notice shall be public. Any finding under this 
paragraph shall, to the extent the Administrator deems appro-
priate, subject the State to the requirements of this Act to 
which the State was subject when it developed and submitted 
the plan for which such finding was made, except that the 
Administrator may adjust any dates applicable under such 
requirements as appropriate (except that the Administrator 
may not adjust any attainment date prescribed under part D, 
unless such date has elapsed). 
"(6) CORRECTIONS.—Whenever the Administrator determines 
that the Administrator's action approving, disapproving, or 
promulgating any plan or plan revision (or part thereof), area 
designation, redesignation, classification, or reclassification was 
in error, the Administrator may in the same manner as the 
approval, disapproval, or promulgation revise such action as 
appropriate without requiring any further submission from the 
State. Such determination and the basis thereof shall be pro-
vided to the State and public. 
"(1) PLAN REVISIONS.—Each revision to an implementation plan 
submitted by a State under this Act shall be adopted by such State 
after reasonable notice and public hearing. The Administrator shall 
not approve a revision of a plan if the revision would interfere with 
any applicable requirement concerning attainment and reeisonable 
further progress (as defined in section 171), or any other applicable 
requirement of this Act. 
"(m) SANCTIONS.—The Administrator may apply any of the sanc-
tions listed in section 179(b) at any time (or at any time after) the 
Administrator makes a finding, disapproval, or determination under 
paragraphs (1) through (4), respectively, of section 179(a) in relation 
to any plan or plan item (as that term is defined by the Adminis-
trator) required under this Act, with respect to any portion of the 
State the Administrator determines reasonable and appropriate, for 
the purpose of ensuring that the requirements of this Act relating to 
such plan or plan item are met. The Administrator shall, by rule, 
establish criteria for exercising his authority under the previous 
Public 
information. 
Public 
information. 
104 STAT. 2408 
PUBLIC LAW 101-549—NOV. 15, 1990 
sentence with respect to any deficiency referred to in section 179(a) 
to ensure that, during the 24-month period following the finding, 
disapproval, or determination referred to in section 179(a), such 
sanctions are not applied on a statewide basis where one or more 
political subdivisions covered by the applicable implementation plan 
are principally responsible for such deficiency, 
"(n) SAVINGS CLAUSES.— 
"(1) EXISTING PLAN PROVISIONS.—Any provision of any 
ap-
plicable implementation plan that was approved or promul-
gated by the Administrator pursuant to this section as in effect 
before the date of the enactment of the Clean Air Act Amend-
ments of 1990 shall remain in effect as part of such applicable 
implementation plan, except to the extent that a revision to 
such provision is approved or promulgated by the Administrator 
pursuant to this Act. 
"(2) ATTAINMENT DATES.—For any area not designated non-
attainment, any plan or plan revision submitted or required to 
be submitted by a State— 
"(A) in response to the promulgation or revision of a 
national primary ambient air quality standard in effect on 
the date of the enactment of the Clean Air Act Amend-
ments of 1990, or 
"(B) in response to a finding of substantial inadequacy 
under subsection (a)(2) (as in effect immediately before the 
date of the enactment of the Clean Air Act Amendments of 
1990), 
shall provide for attainment of the national primary ambient 
air quality standards within 3 years of the date of the enact-
ment of the Clean Air Act Amendments of 1990 or within 5 
years of issuance of such finding of substantial inadequacy, 
whichever is later. 
"(3) 
RETENTION OF CONSTRUCTION MORATORIUM IN CERTAIN 
AREAS.—In the case of an area to which, immediately before the 
date of the enactment of the Clean Air Act Amendments of 
1990, the prohibition on construction or modification of major 
stationary sources prescribed in subsection (a)(2)(I) (as in effect 
immediately before the date of the enactment of the Clean Air 
Act Amendments of 1990) applied by virtue of a finding of the 
Administrator that the State containing such area had not 
submitted an implementation plan meeting the requirements of 
section 172(b)(6) (relating to establishment of a permit program) 
(as in effect immediately before the date of enactment of the 
Clean Air Act Amendments of 1990) or 172(a)(1) (to the extent 
such requirements relate to provision for attainment of the 
primary national ambient air quality standard for sulfur oxides 
by December 31, 1982) as in effect immediately before the date 
of the enactment of the Clean Air Act Amendments of 1990, no 
major stationary source of the relevant air pollutant or pollut-
ants shall be constructed or modified in such area until the 
Administrator finds that the plan for such area meets the 
applicable requirements of section 172(c)(5) (relating to permit 
programs) or subpart 5 of part D (relating to attainment of the 
primary national ambient air quality standard for sulfur diox-
ide), respectively.", 
(d) CONFORMING AMENDMENTS.—Section 110 of the Clean Air Act 
(42 U.S.C. 7410) is amended as follows: 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2409 
(1) Strike out subparagraph (A) and subparagraph (D) of 
section 110(aX3). 
(2) Strike out paragraph (4) of section 110(a). 
(3) In subsection (c)— 
(A) strike out subparagraph (A) of paragraph (2); 
(B) strike out paragraph (2XC); 
(C) strike out paragraph (4); and 
(D) in paragraph (5XB) strike out "(including the written 
evidence required by part D),". 
(4) Strike subsection (d) and in section 302 (42 U.S.C. 7602) add 
the following new subsection after subsection (p): 
"(q) For purposes of this Act, the term 'applicable implementation 
plan' means the portion (or portions) of the implementation plan, or 
most recent revision thereof, which has been approved under section 
110, or promulgated under section 110(c), or promulgated or ap-
proved pursuant to regulations promulgated under section 301(d) 
and which implements the relevant requirements of this Act.". 
(5) strike out subsection (e). 
(6) In subsection (g), strike "the required four month period" 
and insert "12 months of submission of the proposed plan 
revision". 
(7) In subsection (h)— 
(A) strike "one year after the date of enactment of the 
Clean Air Act Amendments of 1977 and annually there-
after" and insert "5 years after the date of the enactment of 
the Clean Air Act Amendments of 1990, and every 3 years 
thereafter"; and 
(B) strike the second sentence of paragraph (1). 
(8) In subsection (aXD strike "nine months" each place it 
appears and insert "3 years (or such shorter period as the 
Administrator may prescribe)". 
(e) FEDERAL FACILITIES.—The second sentence of section 118(a) of 
the Clean Air Act (42 U.S.C. 7418(a)) is amended to read as follows: 
"The preceding sentence shall apply (A) to any requirement 
whether substantive or procedural (including any recordkeeping or 
reporting requirement, any requirement respecting permits and any 
other requirement whatsoever), (B) to any requirement to pay a fee 
or charge imposed by any State or local agency to defray the costs of 
its air pollution regulatory program, (C) to the exercise of any 
Federal, State, or local administrative authority, and (D) to any 
process and sanction, whether enforced in Federal, State, or local 
courts, or in any other manner.". 
if) CONFORMITY REQUIREMENTS.—Section 176(c) of the Clean Air 
Act (42 U.S.C. 7506(c)) is amended by striking "(1)", "(2)", "(3)" and 
"(4)" where they appear, by inserting "(1)" after "(c)", striking "a 
plan" each place it appears and inserting in lieu thereof "an im-
plementation plan" each place it appears and by adding the follow-
ing at the end thereof: "C!onformity to an implementation plan 
means— 
"(A) conformity to an implementation plan's purpose of 
eliminating or reducing the severity and number of violations of 
the national ambient air quality standards and achieving ex-
peditious attainment of such standards; and 
"(B) that such activities will not— 
"(i) cause or contribute to any new violation of any 
standard in any area; 
Reporting and 
recordkeeping 
requirements. 
104 STAT. 2410 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(ii) increase the frequency or severity of any existing 
violation of any standard in any area; or 
"(iii) delay timely attainment of any standard or any 
required interim emission reductions or other milestones in 
any area. 
The determination of conformity shall be based on the most recent 
estimates of emissions, and such estimates shall be determined from 
the most recent population, employment, travel and congestion 
estimates as determined by the metropolitan planning organization 
or other agency authorized to make such estimates. 
Transportation. 
"(2) Any transportation plan or program developed pursuant to 
title 23, United States Code, or the Urban Mass Transportation Act 
shall implement the transportation provisions of any applicable 
implementation plan approved under this Act applicable to all or 
part of the area covered by such transportation plan or program. No 
Federal agency may approve, accept or fund any transportation 
plan, program or project unless such plan, program or project has 
been found to conform to any applicable implementation plan in 
effect under this Act. In particular— 
"(A) no transportation plan or transportation improvement 
program may be adopted by a metropolitan planning organiza-
tion designated under title 23, United States Code, or the Urban 
Mass Transportation Act, or be found to be in conformity by a 
metropolitan planning organization until a final determination 
has been made that emissions expected from implementation of 
such plans and programs are consistent with estimates of emis-
sions from motor vehicles and necessary emissions reductions 
contained in the applicable implementation plan, and that the 
plan or program will conform to the requirements of paragraph 
(IXB); 
"(B) no metropolitan planning organization or other recipient 
of funds under title 23, United States Code, or the Urban Mass 
Transportation Act shall adopt or approve a transportation 
improvement program of projects until it determines that such 
program provides for timely implementation of transportation 
control measures consistent with schedules included in the 
applicable implementation plan; 
"(C) a transportation project may be adopted or approved by a 
metropolitan planning organization or any recipient of funds 
designated under title 23, United States Code, or the Urban 
Mass Transportation Act, or found in conformity by a metro-
politan planning organization or approved, accepted, or funded 
by the Department of Transportation only if it meets either 
the requirements of subparagraph (D) or the 
following 
requirements— 
"(i) such a project comes from a conforming plan and 
program; 
"(ii) the design concept and scope of such project have not 
changed significantly since the conformity finding regard-
ing the plan and program from which the project derived; 
and 
"(iii) the design concept and scope of such project at the 
time of the conformity determination for the program was 
adequate to determine emissions. 
"(D) Any project not referred to in subparagraph (C) shall be 
treated as conforming to the applicable implementation plan 
only if it is demonstrated that the projected emissions from such 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2411 
project, when considered together with emissions projected for 
the conforming transportation plans and programs within the 
nonattainment area, do not cause such plans and programs to 
exceed the emission reduction projections and schedules as-
signed to such plans and programs in the applicable im-
plementation plan. 
"(3) Until such time as the implementation plan revision referred Transportation, 
to in paragraph (4)(C) is approved, conformity of such plans, pro-
grams, and projects will be demonstrated i
f
— 
"(A) the transportation plans and programs— 
"(i) are consistent with the most recent estimates of 
mobile source emissions; 
"(ii) provide for the expeditious implementation of 
transportation control measures in the applicable im-
plementation plan; and 
"(iii) with respect to ozone and carbon monoxide non-
attainment areas, contribute to annual emissions reduc-
tions consistent with sections 182(b)(1) and 187(a)(7); and 
"(B) the transportation projects— 
"(i) come from a conforming transportation plan and 
program as defined in subparagraph (A) or for 12 months 
after the date of the enactment of the Clean Air Act 
Amendments of 1990, from a transportation program found 
to conform within 3 years prior to such date of enactment; 
and 
"(ii) in carbon monoxide nonattainment areas, eliminate 
or reduce the severity and number of violations of the 
carbon monoxide standards in the area substantially af-
fected by the project. 
With regard to subparagraph (B)(ii), such determination may be 
made as part of either the conformity determination for the 
transportation program or for the individual project taken as 
a whole during the environmental review phase of project 
development. 
"(4)(A) No later than one year after the date of enactment of the Transportation. 
Clean Air Act Amendments of 1990, the Administrator shall 
promulgate criteria and procedures for determining conformity 
(except in the case of transportation plans, programs, and projects) 
of, and for keeping the Administrator informed about, the activities 
referred to in paragraph (1). No later than one year after such date 
of enactment, the Administrator, with the concurrence of the Sec-
retary of Transportation, shall promulgate criteria and procedures 
for demonstrating and assuring conformity in the case of transpor-
tation plans, programs, and projects. A suit may be brought against 
the Administrator and the Secretary of Transportation under sec-
tion 304 to compel promulgation of such criteria and procedures and 
the Federal district court shall have jurisdiction to order such 
promulgation. 
"(B) The procedures and criteria shall, at a minimum— 
"(i) address the consultation procedures to be undertaken by 
metropolitan planning organizations and the Secretary of 
Transportation with State and local air quality agencies and 
State departments of transportation before such organizations 
and the Secretary make conformity determinations; 
"(ii) address the appropriate frequency for making conformity 
determinations, but in no case shall such determinations for 
Courts. 
104 STAT. 2412 
PUBLIC LAW 101-549—NOV. 15, 1990 
transportation plans and programs be less frequent than every 
three years; and 
"(iii) address how conformity determinations will be made 
with respect to maintenance plans. 
"(C) Such procedures shall also include a requirement that each 
State shall submit to the Administrator and the Secretary of 
Transportation within 24 months of such date of enactment, a 
revision to its implementation plan that includes criteria and proce-
dures for assessing the conformity of any plan, program, or project 
subject to the conformity requirements of this subsection.". 
SEC. 
1
0
2
. 
GENERAL 
PROVISIONS 
FOR 
NONATTAINMENT 
AREAS. 
(a) DEFINITIONS.—(1) Part D of title I of the Clean Air Act is 
amended by inserting immediately after "PART D—PLAN REQUIRE-
MENTS FOR NoNATTAINMENT AREAS" the foUowing: 
"Subpart 1—Nonattainment Areas in General 
"Sec. 171. Definitions. 
"Sec. 172. Nonattainment plan provisions. 
"Sec. 173. Permit requirements. 
"Sec. 174. Planning procedures. 
"Sec. 175. Environmental Protection Agency grants. 
"Sec. 176. Limitations on certain Federal assistance. 
"Sec. 177. New motor vehicle emission standards in nonattainment areas. 
"Sec. 178. Guidance documents.". 
(2) Section 171 of the Clean Air Act (42 U.S.C. 7501) is amended as 
follows: 
(A) In the introductory language, strike out "and section 
110(a)(2)(I)". 
(B) Amend paragraph (1) to read as follows: 
"(1) REASONABLE FURTHER PROGRESS.—The term 'reasonable 
further progress' means such annual incremental reductions in 
emissions of the relevant air pollutant as are required by this 
part or may reasonably be required by the Administrator for 
the purpose of ensuring attainment of the applicable national 
ambient air quality standard by the applicable date.". 
(C) Amend paragraph (2) to read as follows: 
"(2) NONATTAINMENT AREA.—The term 'nonattainment area' 
means, for any air pollutant, an area which is designated 
'nonattainment' with respect to that pollutant within the mean-
ing of section 107(d).". 
(h) NONATTAINMENT PLAN PROVISIONS IN GENERAL.—Section 172 
(42 U.S.C. 7502) of the Clean Air Act is amended to read as follows: 
"SEC. 172. NONATTAINMENT PLAN PROVISIONS IN GENERAL. 
"(a) CLASSIFICATIONS AND ATTAINMENT DATES.— 
"(1) CLASSIFICATIONS.—(A) On or after the date the Adminis-
trator promulgates the designation of an area as a nonattain-
ment area pursuant to section 107(d) with respect to any na-
tional ambient air quality standard (or any revised standard, 
including a revision of any standard in effect on the date of the 
enactment of the Clean Air Act Amendments of 1990), the 
Administrator may classify the area for the purpose of applying 
an attainment date pursuant to paragraph (2), and for other 
purposes. In determining the appropriate classification, if any, 
for a nonattainment area, the Administrator may consider such 
factors as the severity of nonattainment in such area and the 
availability and feasibility of the pollution control measures 
publication. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2413 
that the Administrator believes may be necessary to provide for 
attainment of such standard in such area. 
"(B) The Administrator shall publish a notice in the Federal 
^ ? ^ ^ 
Register announcing each classification under subparagraph ^hif^Hr 
(A), except the Administrator shall provide an opportunity for 
at least 30 days for written comment. Such classification shall 
not be subject to the provisions of sections 553 through 557 of 
title 5 of the United States Code (concerning notice and com-
ment) and shall not be subject to judicial review until the 
Administrator takes final action under subsection (k) or (1) of 
section 110 (concerning action on plan submissions) or section 
179 (concerning sanctions) with respect to any plan submissions 
required by virtue of such classification. 
"(C) This paragraph shall not apply with respect to nonattain-
ment areas for which classifications are specifically provided 
under other provisions of this part. 
"(2) ATTAINMENT DATES FOR NONATTAINMENT AREAS.—(A) The 
attainment date for an area designated nonattainment with 
respect to a national primary ambient air quality standard shall 
be the date by which attainment can be achieved as expedi-
tiously as practicable, but no later than 5 years from the date 
such area was designated nonattainment under section 107(d), 
except that the Administrator may extend the attainment date 
to the extent the Administrator determines appropriate, for a 
period no greater than 10 years from the date of designation as 
nonattainment, considering the severity of nonattainment and 
the availability and feasibility of pollution control measures. 
"(B) The attainment date for an area designated nonattain-
ment with respect to a secondary national ambient air quality 
standard shall be the date by which attainment can be achieved 
as expeditiously as practicable after the date such area was 
designated nonattainment under section 107(d). 
"(C) Upon application by any State, the Administrator may 
extend for 1 additional year (hereinafter referred to as the 
'Extension Year') the attainment date determined by the 
Administrator under subparagraph (A) or (B) if— 
"(i) the State has complied with all requirements and 
commitments pertaining to the area in the applicable im-
plementation plan, and 
"(ii) in accordance with guidance published by the 
Administrator, no more than a minimal number of 
exceedances of the relevant national ambient air quality 
standard has occurred in the area in the year preceding the 
Extension Year. 
No more than 2 one-year extensions may be issued under this 
subparagraph for a single nonattainment area. 
"(D) This paragraph shall not apply with respect to nonattain-
ment areas for which attainment dates are specifically provided 
under other provisions of this part. 
"(b) SCHEDULE FOR PLAN SUBMISSIONS.—At the time the Adminis-
trator promulgates the designation of an area as nonattainment 
with respect to a national ambient air quality standard under 
section 107(d), the Administrator shall establish a schedule accord-
ing to which the State containing such area shall submit a plan or 
plan revision (including the plan items) meeting the applicable 
requirements of subsection (c) and section 110(aX2). Such schedule 
shall at a minimum, include a date or dates, extending no later than 
39-194 O - 91 - 4 : QL 3 Part 4 
104 STAT. 2414 
PUBLIC LAW 101-549—NOV. 15, 1990 
3 years from the date of the nonattainment designation, for the 
submission of a plan or plan revision (including the plan items) 
meeting the applicable requirements of subsection (c) and section 
110(aX2). 
"(c) NONATTAINMENT PLAN PROVISIONS.—The plan provisions 
(including plan items) required to be submitted under this part shall 
comply with each of the following: 
"(1) IN GENERAL.—Such plan provisions shall provide for the 
implementation of all reasonably available control measures as 
expeditiously as practicable (including such reductions in emis-
sions from existing sources in the area as may be obtained 
through the adoption, at a minimum, of reasonably available 
control technology) and shall provide for attainment of the 
national primary ambient air quality standards. 
"(2) RFP.—Such plan provisions shall require reasonable fur-
ther progress. 
"(3) INVENTORY.—Such plan provisions shall include a com-
prehensive, accurate, current inventory of actual emissions 
from all sources of the relevant pollutant or pollutants in such 
area, including such periodic revisions as the Administrator 
may determine necessary to assure that the requirements of 
this part are met. 
"(4) IDENTIFICATION AND QUANTIFICATION.—Such plan provi-
sions shall expressly identify and quantify the emissions, if any, 
of any such pollutant or pollutants which will be allowed, in 
accordance with section 173(aXlXB), from the construction and 
operation of major new or modified stationary sources in each 
such area. The plan shall demonstrate to the satisfaction of the 
Administrator that the emissions quantified for this purpose 
will be consistent with the achievement of reasonable further 
progress and will not interfere with attainment of the ap-
plicable national ambient air quality standard by the applicable 
attainment date. 
"(5) PERMITS FOR NEW AND MODIFIED MAJOR STATIONARY 
SOURCES.—Such plan provisions shall require permits for the 
construction and operation of new or modified major stationary 
sources an3rwhere in the nonattainment area, in accordance 
with section 173. 
"(6) OTHER MEASURES.—Such plan provisions shall include 
enforceable emission limitations, and such other control meas-
ures, means or techniques (including economic incentives such 
as fees, marketable permits, and auctions of emission rights), as 
well as schedules and timetables for compliance, as may be 
necessary or appropriate to provide for attainment of such 
standard in such area by the applicable attainment date speci-
fied in this part. 
"(7) COMPLIANCE WITH SECTION HO (a) (2).—Such plan provi-
sions shall also meet the applicable provisions of section 
110(aX2). 
"(8) EQUIVALENT TECHNIQUES.—Upon application by any 
State, the Administrator may allow the use of equivalent model-
ing, emission inventory, and planning procedures, unless the 
Administrator determines that the proposed techniques are, in 
the aggregate, less effective than the methods specified by the 
Administrator. 
"(9) CONTINGENCY MEASURES.—Such plan shall provide for the 
implementation of specific measures to be undertaken if the 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2415 
area fails to make reasonable further progress, or to attain the 
national primary ambient air quality standard by the attain-
ment date applicable under this part. Such measures shall be 
included in the plan revision as contingency measures to take 
effect in any such case without further action by the State or 
the Administrator. 
"(d) PLAN REVISIONS REQUIRED IN RESPONSE TO FINDING OF PLAN 
INADEQUACY.—Any plan revision for a nonattainment area which is 
required to be submitted in response to a finding by the Adminis-
trator pursuant to section 110(k)(5) (relating to calls for plan revi-
sions) must correct the plan deficiency (or deficiencies) specified by 
the Administrator and meet all other applicable plan requirements 
of section 110 and this part. The Administrator may reasonably 
adjust the dates otherwise applicable under such requirements to 
such revision (except for attainment dates that have not yet 
elapsed), to the extent necessary to achieve a consistent application 
of such requirements. In order to facilitate submittal by the States 
of adequate and approvable plans consistent with the applicable 
requirements of this Act, the Administrator shall, as appropriate 
and from time to time, issue written guidelines, interpretations, and 
information to the States which shall be available to the public, 
taking into consideration any such guidelines, interpretations, or 
information provided before the date of the enactment of the Clean 
Air Act Amendments of 1990. 
"(e) FUTURE MODIFICATION OF STANDARD.—If the Administrator 
relaxes a national primary ambient air quality standard after the 
date of the enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall, within 12 months after the relaxation, promul-
gate requirements applicable to all areas which have not attained 
that standard as of the date of such relaxation. Such requirements 
shall provide for controls which are not less stringent than the 
controls applicable to areas designated nonattainment before such 
relaxation.' . 
(c) NEW SOURCE PERMIT REQUIREMENTS.—Section 173 of the Clean 
Air Act (42 U.S.C. 7503) is amended as follows: 
(1) Strike the center heading and "SEC. 173." and insert: 
"SEC. 173. PERMIT REQUIREMENTS.". 
(2) Insert "(a) IN GENERAL.—" before the first sentence. 
(3) Insert the following after "(1)": "in accordance with regula-
tions issued by the Administrator for the determination of 
baseline emissions in a manner consistent with the assumptions 
underlying the applicable implementation plan approved under 
section 110 and this part,". 
(4) Make the following amendments in subparagraph (A) of 
paragraph (1): 
(A) Insert "sufficient offsetting emissions reductions have 
been obtained, such that" immediately after the comma 
following "commence operation". 
(B) Strike "allowed under the applicable implementation 
plan" and insert "(as determined in accordance with the 
regulations under this paragraph)". 
(5) Make the following amendments in subparagraph (B) of 
paragraph (1): 
(A) Insert "in the case of a new or modified major station-
ary source which is located in a zone (within the nonattain-
ment area) identified by the Administrator, in consultation 
Inter-
governmental 
relations. 
Public 
information. 
104 STAT. 2416 
PUBLIC LAW 101-549—NOV. 15, 1990 
with the Secretary of Housing and Urban Development, as 
a zone to which economic development should be targeted," 
at the beginning thereof. 
(B) Strike "172(b)" and insert "172(c)". 
(6) Make the following amendments in paragraph (4): 
(A) Insert "the Administrator has not determined that" 
after "(4)". 
(B) Strike "being carried out" and insert "not being 
adequately implemented". 
(C) Replace the period at the end thereof with "; and". 
(7) Add the following new paragraph after paragraph (4): 
"(5) an analysis of alternative sites, sizes, production proc-
esses, and environmental control techniques for such proposed 
source demonstrates that benefits of the proposed source signifi-
cantly outweigh the environmental and social costs imposed as 
a result of its location, construction, or modification.". 
(8) Strike "(IXA) shall be legally binding" in the concluding 
sentence of subsection (a), as redesignated by this subsection 
and insert "(1) shall be federally enforceable". 
(9) Add a new subsection (b) to read as follows: 
"(b) PROHIBITION ON USE OF OLD GROWTH ALLOWANCES.—Any 
growth allowance included in an applicable implementation plan to 
meet the requirements of section 172(bX5) (as in effect immediately 
before the date of the enactment of the Clean Air Act Amendmente 
of 1990) shall not be valid for use in any area that received or 
receives a notice under section 110(aK2XHXii) (as in effect imme-
diately before the date of the enactment of the Clean Air Act 
Amendments of 1990) or under section llO(kXl) that its applicable 
implementation plan containing such allowance is substantially 
inadequate.". 
(10) Add the following new subsections at the end thereof: 
"(c) OFFSETS.—(1) The owner or operator of a new or modified 
major stationary source may comply with any offset requirement in 
effect under this part for increased emissions of any air pollutant 
only by obtaining emission reductions of such air pollutant from the 
same source or other sources in the same nonattainment area, 
except that the State may allow the owner or operator of a source to 
obtain such emission reductions in another nonattainment area if 
(A) the other area has an equal or higher nonattainment classifica-
tion than the area in which the source is located and (B) emissions 
from such other area contribute to a violation of the national 
ambient air quality standard in the nonattainment area in which 
the source is located. Such emission reductions shedl be, by the time 
a new or modified source commences operation, in effect and 
enforceable and shall assure that the total tonnage of increased 
emissions of the air pollutant from the new or modified source shall 
be offset by an equal or greater reduction, as applicable, in the 
actual emissions of such air pollutant from the same or other 
sources in the area. 
"(2) Emission reductions otherwise required by this Act shall not 
be creditable as emissions reductions for purposes of any such offset 
requirement. Incidental emission reductions which are not other-
wise required by this Act shall be creditable as emission reductions 
for such purposes if such emission reductions meet the requirements 
of paragraph (1). 
I
*
^
*
*
^
- 
^ 
"(d) CONTROL TECHNOLOGY INFORMATION.—The State shall provide 
reltTttons* 
^^^^ control technology information from permits issued under this 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2417 
section will be promptly submitted to the Administrator for pur-
poses of making such information available through the RACT/ 
BACT/LAER clearinghouse to other States and to the general 
public. 
"(e) ROCKET ENGINES OR MOTORS.—The permitting authority of a 
State shall allow a source to offset by alternative or innovative 
means emission increases from rocket engine and motor firing, and 
cleaning related to such firing, at an existing or modified major 
source that tests rocket engines or motors under the following 
conditions: 
"(1) Any modification proposed is solely for the purpose of 
expanding the testing of rocket engines or motors at an existing 
source that is permitted to test such engines on the date of 
enactment of this subsection. 
"(2) The source demonstrates to the satisfaction of the permit-
ting authority of the State that it has used all reasonable means 
to obtain and utilize offsets, as determined on an annual basis, 
for the emissions increases beyond allowable levels, that all 
available offsets are being used, and that sufficient offsets are 
not available to the source. 
"(3) The source has obtained a written finding from the 
Department of Defense, Department of Transportation, Na-
tional Aeronautics and Space Administration or other appro-
priate Federal agency, that the testing of rocket motors or 
engines at the facility is required for a program essential to the 
national security. 
"(4) The source will comply with an alternative measure, 
imposed by the permitting authority, designed to offset any 
emission increases beyond permitted levels not directly offset by 
the source. In lieu of imposing any alternative offset measures, 
the permitting authority may impose an emissions fee to be 
paid to such authority of a State which shall be an amount no 
greater than 1.5 times the average cost of stationary source 
control measures adopted in that area during the previous 3 
years. The permitting authority shall utilize the fees in a 
manner that maximizes the emissions reductions in that area.". 
(d) PLANNING PROCEDURES.—Section 174 (42 U.S.C. 7504) of the 
Clean Air Act is amended to read as follows: 
"SEC. 174. PLANNING PROCEDURES. 
"(a) IN GENERAL.—For any ozone, carbon monoxide, or PM-10 
nonattainment area, the State containing such area and elected 
officials of affected local governments shall, before the date required 
for submittal of the inventory described under sections 182(a)(1) and 
187(a)(1), jointly review and update as necessary the planning proce-
dures adopted pursuant to this subsection as in effect immediately 
before the date of the enactment of the Clean Air Act Amendments 
of 1990, or develop new planning procedures pursuant to this subsec-
tion, as appropriate. In preparing such procedures the State and Inter-
local elected officials shall determine which elements of a revised governmental 
implementation plan will be developed, adopted, and implemented 
(through means including enforcement) by the State and which by 
local governments or regional agencies, or any combination of local 
governments, regional agencies, or the State. The implementation 
plan required by this part shall be prepared by an organization 
certified by the State, in consultation with elected officials of local 
governments and in accordance with the determination under the 
relations. 
104 STAT. 2418 
PUBLIC LAW 101-549—NOV. 15, 1990 
second sentence of this subsection. Such organization shall include 
elected officials of local governments in the affected area, and 
representatives of the State air quality planning agency, the State 
transportation 
planning 
agency, 
the 
metropolitan 
planning 
organization designated to conduct the continuing, cooperative and 
comprehensive transportation planning process for the area under 
section 134 of title 23, United States Code, the organization respon-
sible for the air quality maintenance planning process under regula-
tions implementing this Act, and any other organization with 
responsibilities for developing, submitting, or implementing the 
plan required by this part. Such organization may be one that 
carried out these functions before the date of the enactment of the 
Clean Air Act Amendments of 1990. 
"(b) COORDINATION.—The preparation of implementation plan 
provisions and subsequent plan revisions under the continuing 
transportation-air quality planning process described in section 
108(e) shall be coordinated with the continuing, cooperative and 
comprehensive transportation planning process required under sec-
tion 134 of title 23, United States Code, and such planning processes 
shall take into account the requirements of this part. 
"(c) JOINT PLANNING.—In the case of a nonattainment area that is 
included within more than one State, the affected States may 
jointly, through interstate compact or otherwise, undertake and 
implement all or part of the planning procedures described in this 
section.". 
(e) MAINTENANCE PLANS.—After section 175 of the Clean Air Act 
insert: 
Inter- 
"SEC.175A. MAINTENANCE PLANS. 
relSioM^" 
"(a) PLAN REVISION.—Each State which submits a request under 
42 use 7505a. 
section 107(d) for redesignation of a nonattainment area for any air 
pollutant as an area which has attained the national primary 
ambient air quality standard for that air pollutant shall also submit 
a revision of the applicable State implementation plan to provide for 
the maintenance of the national primary ambient air quality stand-
ard for such air pollutant in the area concerned for at least 10 years 
after the redesignation. The plan shall contain such additional 
measures, if any, as may be necessary to ensure such maintenance. 
"(b) SUBSEQUENT PLAN REVISIONS.—8 years after redesignation of 
any area as an attainment area under section 107(d), the State shall 
submit to the Administrator an additional revision of the applicable 
State implementation plan for maintaining the national primary 
ambient air quality standard for 10 years after the expiration of the 
10-year period referred to in subsection (a). 
"(c) NONATTAINMENT REQUIREMENTS APPLICABLE PENDING PLAN 
APPROVAL.—Until such plan revision is approved and an area is 
redesignated as attainment for any area designated as a nonattain-
ment area, the requirements of this part shall continue in force and 
effect with respect to such area. 
. 
"(d) CONTINGENCY PROVISIONS.—Each plan revision submitted 
under this section shall contain such contingency provisions as the 
Administrator deems necessary to assure that the State will 
promptly correct any violation of the standard which occurs after 
the redesignation of the area as an attainment area. Such provisions 
shall include a requirement that the State will implement all 
measures with respect to the control of the air pollutant concerned 
which were contained in the State implementation plan for the area 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2419 
before redesignation of the area as an attainment area. The failure 
of any area redesignated as an attainment area to maintain the 
national ambient air quality standard concerned shall not result in 
a requirement that the State revise its State implementation plan 
unless the Administrator, in the Administrator's discretion, requires 
the State to submit a revised State implementation plan.", 
(f) INTERSTATE TRANSPORT PROVISIONS.— 
(1) INTERSTATE TRANSPORT COMMISSIONS.—After section 176 of 
the Clean Air Act (42 U.S.C. 7506) insert: 
"SEC. 176A. INTERSTATE TRANSPORT COMMISSIONS. 
42 USC 7506a. 
"(a) AUTHORITY TO ESTABLISH INTERSTATE TRANSPORT REGIONS..^ 
Whenever, on the Administrator's own motion or by petition from 
the Governor of any State, the Administrator has reason to believe 
that the interstate transport of air pollutants from one or more 
States contributes significantly to a violation of a national ambient 
air quality standard in one or more other States, the Administrator 
may establish, by rule, a transport region for such pollutant that 
includes such States. The Administrator, on the Administrator's 
own motion or upon petition from the Governor of any State, or 
upon the recommendation of a transport commission established 
under subsection (b), may— 
"(1) add any State or portion of a State to any region estab-
lished under this subsection whenever the Administrator has 
reason to believe that the interstate transport of air pollutants 
from such State significantly contributes to a violation of the 
standard in the transport region, or 
"(2) remove any State or portion of a State from the region 
whenever the Administrator has reason to believe that the 
control of emissions in that State or portion of the State pursu-
ant to this section will not significantly contribute to the attain-
ment of the standard in any area in the region. 
The Administrator shall approve or disapprove any such petition or 
recommendation within 18 months of its receipt. TTie Administrator 
shall establish appropriate proceedings for public participation 
regarding such petitions and motions, including notice and com-
ment. 
"03) TRANSPORT COMMISSIONS.— 
"(1) EsTABUSHMENT.—Whenever the Administrator estab-
lishes a transport region under subsection (a), the Adminis-
trator shall establish a transport commission comprised of (at a 
minimum) each of the following members: 
"(A) The Governor of each State in the region or the 
designee of each such Governor. 
"(B) The Administrator or the Administrator's designee. 
"(C) The Regional Administrator (or the Administrator's 
designee) for each Regional Office for each Environmental 
Protection Agency Region affected by the transport region 
concerned. 
"(D) An air pollution control official representing each 
State in the region, appointed by the Governor. 
Decisions of, and recommendations and requests to, the 
Administrator by each transport commission may be made only 
by a majority vote of all members other than the Administrator 
and the Regional Administrators (or designees thereof). 
"(2) RECOMMENDATIONS.—The transport commission shall 
assess the degree of interstate transport of the pollutant or 
104 STAT, 2420 
PUBLIC LAW 101-549—NOV. 15, 1990 
precursors to the pollutant throughout the transport region, 
assess strategies for mitigating the interstate pollution, and 
recommend to the Administrator such measures as the Commis-
sion determines to be necessary to ensure that the plans for the 
relevant States meet the requirements of section 110(a)(2)(D). 
Such commission shall not be subject to the provisions of the 
Federal Advisory Committee Act (5 U.S.C. App.). 
"(c) COMMISSION REQUESTS.—A transport commission established 
under subsection (b) may request the Administrator to issue a 
finding under section 110(k)(5) that the implementation plan for one 
or more of the States in the transport region is substantially inad-
equate to meet the requirements of section 110(a)(2)(D). The 
Administrator shall approve, disapprove, or partially approve and 
partially disapprove such a request within 18 months of its receipt 
and, to the extent the Administrator approves such request, issue 
the finding under section 110(k)(5) at the time of such approval. In 
acting on such request, the Administrator shall provide an oppor-
tunity for public participation and shall address each specific rec-
ommendation made by the commission. Approval or disapproval of 
such a request shall constitute final agency action within the mean-
ing of section 3070)).". 
(2) AMENDMENTS CONFORMING TO TRANSPORT PROVISIONS.— 
Section 106 of the Clean Air Act (42 U.S.C. 7406) is amended as 
follows: 
(A) Insert "or of implementing section 176A (relating to 
control of interstate air pollution) or section 184 (relating to 
control of interstate ozone pollution)" immediately follow-
ing "section 107". 
(B) Insert "any commission established under section 
176A (relating to control of interstate air pollution) or 
section 184 (relating to control of interstate ozone pollution) 
or" immediately following "program costs of. 
(C) Insert "or such commission" in the last sentence 
immediately following "such agency". 
(D) Insert "or commission" at the end thereof, imme-
diately before the period. 
(g) SANCTIONS.—After section 178 of the Clean Air Act (42 U.S.C. 
7508) insert: 
42 use 7509. 
"SEC. 179. SANCTIONS AND CONSEQUENCES OF FAILURE TO ATTAIN. 
"(a) STATE FAILURE.—For any implementation plan or plan revi-
sion required under this part (or required in response to a finding of 
substantial inadequacy as described in section 110(k)(5)), if the 
Administrator— 
"(1) finds that a State has failed, for an area designated 
nonattainment under section 107(d), to submit a plan, or to 
submit 1 or more of the elements (as determined by the 
Administrator) required by the provisions of this Act applicable 
to such an area, or has failed to make a submission for such an 
area that satisfies the minimum criteria established in relation 
to any such element under section llO(k), 
"(2) disapproves a submission under section llO(k), for an area 
designated nonattainment under section 107, based on the 
submission's failure to meet one or more of the elements re-
quired by the provisions of this Act applicable to such an area, 
"(3)(A) determines that a State has failed to make any submis-
sion as may be required under this Act, other than one de-
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2421 
scribed under paragraph (1) or (2), including an adequate 
maintenance plan, or has failed to make any submission, as 
may be required under this Act, other than one described under 
paragraph (1) or (2), that satisfies the minimum criteria estab-
lished in relation to such submission under section 110(kXl)(A), 
or 
"(B) disapproves in whole or in part a submission described 
under subparagraph (A), or 
"(4) finds that any requirement of an approved plan (or 
approved part of a plan) is not being implemented, 
unless such deficiency has been corrected within 18 months after the 
finding, disapproval, or determination referred to in paragraphs (1), 
(2), (3), and (4), one of the sanctions referred to in subsection (b) shall 
apply, as selected by the Administrator, until the Administrator 
determines that the State has come into compliance, except that if 
the Administrator finds a lack of good faith, sanctions under both 
paragraph (1) and paragraph (2) of subsection (b) shall apply until 
the Administrator determines that the State has come into compli-
ance. If the Administrator has selected one of such sanctions and the 
deficiency has not been corrected within 6 months thereafter, sanc-
tions under both paragraph (1) and paragraph (2) of subsection (b) 
shall apply until the Administrator determines that the State has 
come into compliance. In addition to any other sanction applicable 
as provided in this section, the Administrator may withhold all or 
part of the grants for support of air pollution planning and control 
programs that the Administrator may award under section 105. 
"(b) SANCTIONS.—The sanctions available to the Administrator as 
provided in subsection (a) are as follows: 
"(1) 
HIGHWAY 
SANCTIONS.—(A) The Administrator 
may 
impose a prohibition, applicable to a nonattainment area, on 
the approval by the Secretary of Transportation of any projects 
or the awarding by the Secretary of any grants, under title 23, 
United States Code, other than projects or grants for safety 
where the Secretary determines, based on accident or other 
appropriate data submitted by the State, that the principal 
purpose of the project is an improvement in safety to resolve a 
demonstrated safety problem and likely will result in a signifi-
cant reduction in, or avoidance of, accidents. Such prohibition 
shall become effective upon the selection by the Administrator 
of this sanction. 
"(B) In addition to safety, projects or grants that may be 
approved by the Secretary, notwithstanding the prohibition in 
subparagraph (A), are the following— 
"(i) capital programs for public transit; 
"(ii) construction or restriction of certain roads or lanes 
solely for the use of passenger buses or high occupancy 
vehicles; 
"(iii) planning for requirements for employers to reduce 
employee work-trip-related vehicle emissions; 
"(iv) highway ramp metering, traffic signalization, and 
related programs that improve traffic flow and achieve a 
net emission reduction; 
"(v) fringe and transportation corridor parking facilities 
serving multiple occupancy vehicle programs or transit 
operations; 
"(vi) programs to limit or restrict vehicle use in down-
town areas or other areas of emission concentration 
104 STAT. 2422 
PUBLIC LAW 101-549—NOV. 15, 1990 
Federal 
Register, 
publication. 
particularly during periods of peak use, through road use 
charges, tolls, parking surcharges, or other pricing mecha-
nisms, vehicle restricted zones or periods, or vehicle reg-
istration programs; 
"(vii) programs for breakdown and accident scene 
management, 
nonrecurring 
congestion, 
and 
vehicle 
information systems, to reduce congestion and emissions; 
and 
"(viii) such other transportation-related programs as the 
Administrator, in consultation with the Secretary of 
Transportation, finds would improve air quality and would 
not encourage single occupancy vehicle capacity. 
In considering such measures, the State should seek to ensure 
adequate access to downtown, other commercial, and residential 
areas, and avoid increasing or relocating emissions and conges-
tion rather than reducing them. 
"(2) OFFSETS.—In applying the emissions offset requirements of 
section 173 to new or modified sources or emissions units for which a 
permit is required under part D, the ratio of emission reductions to 
increased emissions shall be at least 2 to 1. 
"(c) NOTICE OF FAILURE TO ATTAIN.—(1) As expeditiously as prac-
ticable after the applicable attainment date for any nonattainment 
area, but not later than 6 months after such date, the Administrator 
shall determine, based on the area's air quality as of the attainment 
date, whether the area attained the standard by that date. 
"(2) Upon making the determination under paragraph (1), the 
Administrator shall publish a notice in the Federal Register 
containing such determination and identifying each area that the 
Administrator has determined to have failed to attain. The Adminis-
trator may revise or supplement such determination at any time 
based on more complete information or analysis concerning the 
area's air quality as of the attainment date. 
"(d) CONSEQUENCES FOR FAILURE TO ATTAIN.—(1) Within 1 year 
after the Administrator publishes the notice under subsection (cX2) 
(relating to notice of failure to attain), each State containing a 
nonattainment area shall submit a revision to the applicable im-
plementation plan meeting the requirements of paragraph (2) of this 
subsection. 
"(2) The revision required under paragraph (1) shall meet the 
requirements of section 110 and section 172. In addition, the revision 
shall include such additional measures as the Administrator may 
reasonably prescribe, including all meeisures that can be feasibly 
implemented in the area in light of technological achievability, 
costs, and any nonair quality and other air quality-related health 
and environmental impacts. 
"(3) The attainment date applicable to the revision required under 
paragraph (1) shall be the same as provided in the provisions of 
section 172(a)(2), except that in applying such provisions the phrase 
'from the date of the notice under section 179(cX2)' shall be sub-
stituted for the phrase 'from the date such area was designated 
nonattainment under section 107(d)' and for the phrase 'from the 
date of designation as nonattainment'.". 
(h) FEDERAL IMPLEMENTATION PLANS.—Section 110(cXl) of 
the 
Clean Air Act (42 U.S.C. 7410(c)) is amended to read as follows: "(1) 
The Administrator shall promulgate a Federal implementation plan 
at any time within 2 years after the Administrator— 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2423 
"(A) finds that a State has failed to make a required submis-
sion or finds that the plan or plan revision submitted by the 
State does not satisfy the minimum criteria established under 
section 110(k)(l)(A), or 
"(B) disapproves a State implementation plan submission in 
whole or in part, 
unless the State corrects the deficiency, and the Administrator 
approves the plan or plan revision, before the Administrator 
promulgates such Federal implementation plan.". 
SEC. 103. ADDITIONAL PROVISIONS FOR OZONE NONATTAINMENT AREAS. 
Part D of title I of the Clean Air Act is amended by adding the 
following new subpart at the end thereof: 
"Subpart 2—Additional Provisions for Ozone 
Nonattainment Areas 
"Sec. 181. Classifications and attainment dates. 
"Sec. 182. Plan submissions and requirements. 
"Sec. 183. Federal ozone measures. 
"Sec. 184. Control of interstate ozone air pollution. 
"Sec. 185. Enforcement for Severe and Extreme ozone nonattainment areas for fail-
ure to attain. 
"Sec. 185A. Transitional areas. 
"Sec. 185B. NOX and VOC study. 
"SEC. 181. CLASSIFICATIONS AND ATTAINMENT DATES. 
42 USC 7511. 
"(a) CLASSIFICATION AND ATTAINMENT DATES FOR 1989 NONATTAIN-
MENT AREAS.—(1) Each area designated nonattainment for ozone 
pursuant to section 107(d) shall be classified at the time of such 
designation, under table 1, by operation of law, as a Marginal Area, 
a Moderate Area, a Serious Area, a Severe Area, or an Extreme 
Area based on the design value for the area. The design value shall 
be calculated according to the interpretation methodology issued by 
the Administrator most recently before the date of the enactment of 
the Clean Air Act Amendments of 1990. For each area classified 
under this subsection, the primary standard attainment date for 
ozone shall be as expeditiously as practicable but not later than the 
date provided in table 1. 
"TABLE 1 
A-^acla^ 
Design value- 
^SS^TS^. 
Marginal 
0.121 up to 0.138 
3 years after 
enactment 
Moderate 
0.138 up to 0.160 
6 years after 
enactment 
Serious 
0.160 up to 0.180 
9 years after 
enactment 
Severe 
0.180 up to 0.280 
15 years after 
enactment 
Extreme 
0.280 and above 
20 years after 
enactment 
*The design value is measured in parts per million (ppm). 
* *The primary standard attainment date is measured from the date of the enactment of the 
Clean Air Amendments of 1990. 
104 STAT. 2424 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(2) Notwithstanding table 1, in the case of a severe area with a 
1988 ozone design value between 0.190 and 0.280 ppm, the attain-
ment date shall be 17 years (in lieu of 15 years) after the date of the 
enactment of the Clean Air Amendments of 1990. 
"(3) At the time of publication of the notice under section 107(dX4) 
(relating to area designations) for each ozone nonattainment area, 
the Administrator shall publish a notice announcing the classifica-
tion of such ozone nonattainment area. The provisions of section 
172(a)(1)(B) (relating to lack of notice and comment and judicial 
review) shall apply to such classification. 
"(4) If an area classified under paragraph (1) (Table 1) would have 
been classified in another category if the design value in the area 
were 5 percent greater or 5 percent less than the level on which 
such classification was based, the Administrator may, in the 
Administrator's discretion, within 90 days after the initial classifica-
tion, by the procedure required under paragraph (3), adjust the 
classification to place the area in such other category. In making 
such adjustment, the Administrator may consider the number of 
exceedances of the national primary ambient air quality standard 
for ozone in the area, the level of pollution transport between the 
area and other affected areas, including both intrastate and inter-
state transport, and the mix of sources and air pollutants in the 
area. 
"(5) Upon application by any State, the Administrator may extend 
for 1 additional year (hereinafter referred to as the 'Extension 
Year') the date specified in table 1 of paragraph (1) of this subsection 
if— 
"(A) the State has complied with all requirements and 
commitments pertaining to the area in the applicable im-
plementation plan, and 
"(B) no more than 1 exceedance of the national ambient air 
quality standard level for ozone has occurred in the area in the 
year preceding the Extension Year. 
No more than 2 one-year extensions may be issued under this 
paragraph for a single nonattainment area. 
"(b) NEW DESIGNATIONS AND RECLASSIFICATIONS.— 
"(1) NEW DESIGNATIONS TO NONATTAINMENT.—Any area that is 
designated attainment or unclassifiable for ozone under section 
107(dX4), and that is subsequently redesignated to nonattain-
ment for ozone under section 107(dX3), shall, at the time of the 
redesignation, be classified by operation of law in accordance 
with table 1 under subsection (a). Upon its classification, the 
area shall be subject to the same requirements under section 
110, subpart 1 of this part, and this subpart that would have 
applied had the area been so classified at the time of the notice 
under subsection (aX3), except that any absolute, fixed date 
applicable in connection with any such requirement is extended 
by operation of law by a period equal to the length of time 
between the date of the enactment of the Clean Air Act Amend-
ments of 1990 and the date the area is classified under this 
paragraph. 
"(2) RECLASSIFICATION UPON FAILURE TO ATTAIN.—(A) Within 6 
months following the applicable attainment date (including any 
extension thereof) for an ozone nonattainment area, the 
Administrator shall determine, based on the area's design value 
(as of the attainment date), whether the area attained the 
standard by that date. Except for any Severe or Extreme area. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2425 
any area that the Administrator finds has not attained the 
standard by that date shall be reclassified by operation of law in 
accordance with table 1 of subsection (a) to the higher of^ 
"(i) the next higher classification for the area, or 
"(ii) the classification applicable to the area's design 
value as determined at the time of the notice required 
under subparagraph (B). 
No area shall be reclassified as Extreme under clause (ii). 
"(B) The Administrator shall publish a notice in the Federal 
Register, no later than 6 months following the attainment date, 
identifying each area that the Administrator has determined 
under subparagraph (A) as having failed to attain and identify-
ing the reclassification, if any, described under subparagraph 
(A). 
"(3) VOLUNTARY RECLASSIFICATION.—The Administrator shall 
grant the request of any State to reclassify a nonattainment 
area in that State in accordance with table 1 of subsection (a) to 
a higher classification. The Administrator shall publish a notice 
in the Federal Register of any such request and of action by the 
Administrator granting the request. 
"(4) FAILURE OF SEVERE AREAS TO ATTAIN STANDARD.—(A) If 
any Severe Area fails to achieve the national primary ambient 
air quality standard for ozone by the applicable attainment date 
(including any extension thereof), the fee provisions under sec-
tion 185 shall apply within the area, the percent reduction 
requirements of section 182(c)(2)(B) and (C) (relating to reason-
able further progress demonstration and NO, control) shall 
continue to apply to the area, and the State shall demonstrate 
that such percent reduction has been achieved in each 3-year 
interval after such failure until the standard is attained. Any 
failure to make such a demonstration shall be subject to the 
sanctions provided under this part. 
"(B) In addition to the requirements of subparagraph (A), if 
the ozone design value for a Severe Area referred to in subpara-
graph (A) is above 0.140 ppm for the year of the applicable 
attainment date, or if the area has failed to achieve its most 
recent milestone under section 182(g), the new source review 
requirements applicable under this subpart in Extreme Areas 
shall apply in the area and the term 'major source' and 'major 
stationary source' shall have the same meaning as in Extreme 
Areas. 
"(C) In addition to the requirements of subparagraph (A) for 
those areas referred to in subparagraph (A) and not covered by 
subparagraph (B), the provisions referred to in subparagraph (B) 
shall apply after 3 years from the applicable attainment date 
unless the area has attained the standard by the end of such 3-
year period. 
"(D) If, after the date of the enactment of the Clean Air Act 
Amendments of 1990, the Administrator modifies the method of 
determining compliance with the national primary ambient air 
quality standard, a design value or other indicator comparable 
to 0.140 in terms of its relationship to the standard shall be used 
in lieu of 0.140 for purposes of applying the provisions of 
subparagraphs (B) and (C). 
"(c) REFERENCES TO TERMS.—(1) Any reference in this subpart to a 
'Marginal Area', a 'Moderate Area', a 'Serious Area', a 'Severe 
Area', or an 'Extreme Area' shall be considered a reference to a 
Federal 
Register, 
publication. 
Inter-
governmental 
relations. 
Federal 
Register, 
publication. 
104 STAT. 2426 
PUBLIC LAW 101-549—NOV. 15, 1990 
Inter-
governmental 
relations. 
42 u s e 7511a. 
Federal 
Register, 
publication. 
Marginal Area, a Moderate Area, a Serious Area, a Severe Area, or 
an Extreme Area as respectively classified under this section. 
"(2) Any reference in this subpart to 'next higher classification' or 
comparable terms shall be considered a reference to the classifica-
tion related to the next higher set of design values in table 1. 
"SEC. 182. PLAN SUBMISSIONS AND REQUIREMENTS. 
"(a) MARGINAL AREAS.—Each State in which all or part of a 
Marginal Area is located shall, with respect to the Marginal Area 
(or portion thereof, to the extent specified in this subsection), submit 
to the Administrator the State implementation plan revisions 
(including the plan items) described under this subsection except to 
the extent the State has made such submissions as of the date of the 
enactment of the Clean Air Act Amendments of 1990. 
"(1) INVENTORY.—Within 2 years after the date of the enact-
ment of the Clean Air Act Amendments of 1990, the State shall 
submit a comprehensive, accurate, current inventory of actual 
emissions from all sources, as described in section 172(c)(3), in 
accordance with guidance provided by the Administrator. 
"(2) CORRECTIONS TO THE STATE IMPLEMENTATION PLAN.— 
Within the periods prescribed in this paragraph, the State shall 
submit a revision to the State implementation plan that meets 
the following requirements— 
"(A) 
REASONABLY 
AVAILABLE 
CONTROL 
TECHNOLOGY 
CORRECTIONS.—For any Marginal Area (or, within the 
Administrator's discretion, portion thereof) the State shall 
submit, within 6 months of the date of classification under 
section 181(a), a revision that includes such provisions to 
correct requirements in (or add requirements to) the plan 
concerning reasonably available control technology as were 
required under section 172(b) (as in effect immediately 
before the date of the enactment of the Clean Air Act 
Amendments of 1990), as interpreted in guidance issued by 
the Administrator under section 108 before the date of the 
enactment of the Clean Air Act Amendments of 1990. 
"(B) 
SAVINGS CLAUSE 
FOR VEHICLE INSPECTION AND 
MAINTENANCE.—(i) For any Marginal Area (or, within the 
Administrator's discretion, portion thereof), the plan for 
which already includes, or was required by section 
172(b)(ll)(B) (as in effect immediately before the date of the 
enactment of the Clean Air Act Amendments of 1990) to 
have included, a specific schedule for implementation of a 
vehicle emission control inspection and maintenance pro-
gram, the State shall submit, immediately after the date of 
the enactment of the Clean Air Act Amendments of 1990, a 
revision that includes any provisions necessary to provide 
for a vehicle inspection and maintenance program of no less 
stringency than that of either the program defined in 
House Report Numbered 95-294, 95th Congress, 1st Session, 
281-291 (1977) as interpreted in guidance of the Adminis-
trator issued pursuant to section 172(b)(ll)(B) (as in effect 
immediately before the date of the enactment of the Clean 
Air Act Amendments of 1990) or the program already 
included in the plan, whichever is more stringent. 
"(ii) Within 12 months after the date of the enactment of 
the Clean Air Act Amendments of 1990, the Administrator 
shall review, revise, update, and republish in the Federal 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2427 
Register the guidance for the States for motor vehicle 
inspection and maintenance programs required by this Act, 
taking into consideration the Administrator's investiga-
tions and audits of such program. The guidance shall, at a 
minimum, cover the frequency of inspections, the types of 
vehicles to be inspected (which shall include leased vehicles 
that are registered in the nonattainment area), vehicle 
maintenance by owners and operators, audits by the State, 
the test method and measures, including whether central-
ized or decentralized, inspection methods and procedures, 
quality of inspection, components covered, assurance that a 
vehicle subject to a recall notice from a manufacturer has 
complied with that notice, and effective implementation 
and enforcement, including ensuring that any retesting of a 
vehicle after a failure shall include proof of corrective 
action and providing for denial of vehicle registration in the 
case of tampering or misfueling. The guidance which shall 
be incorporated in the applicable State implementation 
plans by the States shall provide the States with continued 
re£isonable flexibility to fashion effective, reasonable, and 
fair programs for the affected consumer. No later than 2 
years after the Administrator promulgates regulations 
under section 202(m)(3) (relating to emission control 
diagnostics), the State shall submit a revision to such pro-
gram to meet any requirements that the Administrator 
may prescribe under that section. 
"(C) PERMIT PROGRAMS.—Within 2 years after the date of 
the enactment of the Clean Air Act Amendments of 1990, 
the State shall submit a revision that includes each of the 
following: 
"(i) Provisions to require permits, in accordance with 
sections 172(c)(5) and 173, for the construction and 
operation of each new or modified major stationary 
source (with respect to ozone) to be located in the area. 
"(ii) Provisions to correct requirements in (or add 
requirements to) the plan concerning permit programs 
as were required under section 172(bX6) (as in effect 
immediately before the date of the enactment of the 
Clean Air Act Amendments of 1990), as interpreted in 
regulations of the Administrator promulgated as of the 
date of the enactment of the Clean Air Act Amend-
ments of 1990. 
"(3) PERIODIC INVENTORY.— 
"(A) GENERAL REQUIREMENT.—No later than the end of 
each 3-year period after submission of the inventory under 
paragraph (1) until the area is redesignated to attainment, 
the State shall submit a revised inventory meeting the 
requirements of subsection (aXD. 
"(B) EMISSIONS STATEMENTS.—(i) Within 2 years after the 
date of the enactment of the Clean Air Act Amendments of 
1990, the State shall submit a revision to the State im-
plementation plan to require that the owner or operator of 
each stationary source of oxides of nitrogen or volatile 
organic compounds provide the State with a statement, in 
such form as the Administrator may prescribe (or accept an 
equivalent alternative developed by the State), for classes 
or categories of sources, showing the actual emissions of 
104 STAT. 2428 
PUBLIC LAW 101-549—NOV. 15, 1990 
oxides of nitrogen and volatile organic compounds from 
that source. The first such statement shall be submitted 
within 3 years after the date of the enactment of the Clean 
Air Act Amendments of 1990. Subsequent statements shall 
be submitted at least every year thereafter. The statement 
shall contain a certification that the information contained 
in the statement is accurate to the best knowledge of the 
individual certifying the statement. 
"(ii) The State may waive the application of clause (i) to 
any class or category of stationary sources which emit less 
than 25 tons per year of volatile organic compounds or 
oxides of nitrogen if the State, in its submissions under 
subparagraphs (1) or (3)(A), provides an inventory of emis-
sions from such class or category of sources, based on the 
use of the emission factors established by the Administrator 
or other methods acceptable to the Administrator. 
"(4) GENERAL OFFSET REQUIREMENT.—For purposes of satisfy-
ing the emission offset requirements of this part, the ratio of 
total emission reductions of volatile organic compounds to total 
increased emissions of such air pollutant shall be at least 1.1 
tol. 
The Administrator may, in the Administrator's discretion, require 
States to submit a schedule for submitting any of the revisions or 
other items required under this subsection. The requirements of this 
subsection shall apply in lieu of any requirement that the State 
submit a demonstration that the applicable implementation plan 
provides for attainment of the ozone standard by the applicable 
attainment date in any Marginal Area. Section 172(c)(9) (relating to 
contingency measures) shall not apply to Marginal Areas. 
"(b) MODERATE AREAS.—Each State in which all or part of a 
Moderate Area is located shall, with respect to the Moderate Area, 
make the submissions described under subsection (a) (relating to 
Marginal Areas), and shall also submit the revisions to the ap-
plicable implementation plan described under this subsection. 
"(1) PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS.— 
"(A) GENERAL RULE.—(i) By no later than 3 years after 
the date of the enactment of the Clean Air Act Amend-
ments of 1990, the State shall submit a revision to the 
applicable implementation plan to provide for volatile or-
ganic compound emission reductions, within 6 years after 
the date of the enactment of the Clean Air Act Amend-
ments of 1990, of at least 15 percent from baseline emis-
sions, accounting for any growth in emissions after the year 
in which the Clean Air Act Amendments of 1990 are en-
acted. Such plan shall provide for such specific annual 
reductions in emissions of volatile organic compounds and 
oxides of nitrogen as necessary to attain the national pri-
mary ambient air quality standard for ozone by the attain-
ment date applicable under this Act. This subparagraph 
shall not apply in the case of oxides of nitrogen for those 
areas for which the Administrator determines (when the 
Administrator approves the plan or plan revision) that 
additional reductions of oxides of nitrogen would not 
contribute to attainment. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2429 
"(ii) A percentage less than 15 percent may be used for 
purposes of clause (i) in the case of any State which dem-
onstrates to the satisfaction of the Administrator that— 
"(I) new source review provisions are applicable in 
the nonattainment areas in the same manner and to 
the same extent as required under subsection (e) in the 
case of Extreme Areas (with the exception that, in 
applying such provisions, the terms 'major source' and 
'major stationary source' shall include (in addition to 
the sources described in section 302) any stationary 
source or group of sources located within a contiguous 
area and under common control that emits, or has the 
potential to emit, at least 5 tons per year of volatile 
organic compounds); 
"(II) reasonably available control technology is re-
quired for all existing major sources (as defined in 
subclause (I)); and 
"(III) the plan reflecting a lesser percentage than 15 
percent includes all measures that can feasibly be im-
plemented in the area, in light of technological 
achievability. 
To qualify for a lesser percentage under this clause, a State 
must demonstrate to the satisfaction of the Administrator 
that the plan for the area includes the measures that are 
achieved in practice by sources in the same source category 
in nonattainment areas of the next higher category. 
"(B) BASELINE EMISSIONS.—For purposes of subparagraph 
(A), the term 'baseline emissions' means the total amount of 
actual VOC or NOx emissions from all anthropogenic 
sources in the area during the calendar year of the enact-
ment of the Clean Air Act Amendments of 1990, excluding 
emissions that would be eliminated under the regulations 
described in clauses (i) and (ii) of subparagraph (D). 
"(C) GENERAL RULE FOR CREDITABILITY OF REDUCTIONS.— 
Except as provided under subparagraph (D), emissions 
reductions are creditable toward the 15 percent required 
under subparagraph (A) to the extent they have actually 
occurred, as of 6 years after the date of the enactment of 
the Clean Air Act Amendments of 1990, from the im-
plementation of measures required under the applicable 
implementation plan, rules promulgated by the Adminis-
trator, or a permit under title V. 
"(D) LIMITS ON CREDITABILITY OF REDUCTIONS.—Emission 
reductions from the following measures are not creditable 
toward the 15 percent reductions required under subpara-
graph (A): 
"(i) Any measure relating to motor vehicle exhaust 
or evaporative emissions promulgated by the Adminis-
trator by January 1, 1990. 
"(ii) Regulations concerning Reid Vapor Pressure 
promulgated by the Administrator by the date of the 
enactment of the Clean Air Act Amendments of 1990 or 
required to be promulgated under section 211(h). 
"(iii) Measures required under subsection (a)(2)(A) 
(concerning corrections to implementation plans pre-
scribed under guidance by the Administrator). 
104 STAT. 2430 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(iv) Measures required under subsection (a)(2)(B) to 
be submitted immediately after the date of the enact-
ment of the Clean Air Act Amendments of 1990 
(concerning corrections to motor vehicle inspection and 
maintenance programs). 
"(2) REASONABLY AVAILABLE CONTROL TECHNOLOGY.—The State 
shall submit a revision to the applicable implementation plan to 
include provisions to require the implementation of reasonably 
available control technology under section 172(cXl) with respect 
to each of the following: 
"(A) Each category of VOC sources in the area covered by 
a CTG document issued by the Administrator between the 
date of the enactment of the Clean Air Act Amendments of 
1990 and the date of attainment. 
"(B) All VOC sources in the area covered by any CTG 
issued before the date of the enactment of the Clean Air Act 
Amendments of 1990. 
"(C) All other major stationary sources of VOCs that are 
located in the area. 
Each revision described in subparagraph (A) shall be submitted 
within the period set forth by the Administrator in issuing the 
relevant CTG document. The revisions with respect to sources 
described in subparagraphs (B) and (C) shall be submitted by 2 
years after the date of the enactment of the Clean Air Act 
Amendments of 1990, and shall provide for the implementation 
of the required measures as expeditiously as practicable but no 
later than May 31,1995. 
"(3) GASOLINE VAPOR RECOVERY.— 
"(A) GENERAL RULE.—Not later than 2 years after the 
date of the enactment of the Clean Air Act Amendments of 
1990, the State shall submit a revision to the applicable 
implementation plan to require all owners or operators of 
gasoline dispensing systems to install and operate, by the 
date prescribed under subparagraph (B), a system for gaso-
line vapor recovery of emissions from the fueling of motor 
vehicles. The Administrator shall issue guidance as appro-
priate as to the effectiveness of such system. This subpara-
graph shall apply only to facilities which sell more than 
10,000 gallons of gasoline per month (50,000 gallons per 
month in the case of an independent small business mar-
keter of gasoline as defined in section 325). 
"(B) EFFECTIVE DATE.—The date required under subpara-
graph (A) shall be— 
"(i) 6 months after the adoption date, in the case of 
gasoline dispensing facilities for which construction 
commenced after the date of the enactment of the 
Clean Air Act Amendments of 1990; 
"(ii) one year after the adoption date, in the case of 
gasoline dispensing facilities which dispense at least 
100,000 gallons of gasoline per month, based on average 
monthly sales for the 2-year period before the adoption 
date; or 
"(iii) 2 years after the adoption date, in the case of all 
other gasoline dispensing facilities. 
Any gasoline dispensing facility described under both 
clause (i) and clause (ii) shall meet the requirements of 
clause (i). 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2431 
"(C) REFERENCE TO TERMS.—For purposes of this para-
graph, any reference to the term 'adoption date' shall be 
considered a reference to the date of adoption by the State 
of requirements for the installation and operation of a 
system for gasoline vapor recovery of emissions from the 
fueling of motor vehicles. 
"(4) MOTOR VEHICLE INSPECTION AND MAINTENANCE.—For all 
Moderate Areas, the State shall submit, immediately after the 
date of the enactment of the Clean Air Act Amendments of 
1990, a revision to the applicable implementation plan that 
includes provisions necessary to provide for a vehicle inspection 
and maintenance program as described in subsection (a)(2)(B) 
(without regard to whether or not the area was required by 
section 172(b)(ll)(B) (as in effect immediately before the date of 
the enactment of the Clean Air Act Amendments of 1990) to 
have included a specific schedule for implementation of such a 
program). 
"(5) GENERAL OFFSET REQUIREMENT.—For purposes of satisfy-
ing the emission offset requirements of this part, the ratio of 
total emission reductions of volatile organic compounds to total 
increase emissions of such air pollutant shall be at least 1.15 
tol. 
"(c) SERIOUS AREAS.—Except as otherwise specified in paragraph 
(4), each State in which all or part of a Serious Area is located shall, 
with respect to the Serious Area (or portion thereof, to the extent 
specified in this subsection), make the submissions described under 
subsection (b) (relating to Moderate Areas), and shall also submit the 
revisions to the applicable implementation plan (including the plan 
items) described under this subsection. For any Serious Area, the 
terms 'major source' and 'major stationary source' include (in addi-
tion to the sources described in section 302) any stationary source or 
group of sources located within a contiguous area and under 
common control that emits, or has the potential to emit, at least 50 
tons per year of volatile organic compounds. 
"(1) ENHANCED MONITORING.—In order to obtain more com- Regulations, 
prehensive and representative data on ozone air pollution, not 
later than 18 months after the date of the enactment of the 
Clean Air Act Amendments of 1990 the Administrator shall 
promulgate rules, after notice and public comment, for en-
hanced monitoring of ozone, oxides of nitrogen, and volatile 
organic compounds. The rules shall, among other things, cover 
the location and maintenance of monitors. Immediately follow-
ing the promulgation of rules by the Administrator relating to 
enhanced monitoring, the State shall commence such actions as 
may be necessary to adopt and implement a program based on 
such rules, to improve monitoring for ambient concentrations of 
ozone, oxides of nitrogen and volatile organic compounds and to 
improve monitoring of emissions of oxides of nitrogen and 
volatile organic compounds. Each State implementation plan 
for the area shall contain measures to improve the ambient 
monitoring of such air pollutants. 
"(2) ATTAINMENT AND REASONABLE FURTHER PROGRESS DEM-
ONSTRATIONS.—Within 4 years after the date of the enactment 
of the Clean Air Act Amendments of 1990, the State shall 
submit a revision to the applicable implementation plan that 
includes each of the following: 
104 STAT. 2432 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(A) 
ATTAINMENT 
DEMONSTRATION.—A 
demonstration 
that the plan, as revised, will provide for attainment of the 
ozone national ambient air quality standard by the ap-
plicable attainment date. This attainment demonstration 
must be based on photochemical grid modeling or any other 
analytical method determined by the Administrator, in the 
Administrator's discretion, to be at least as effective. 
"(B) REASONABLE FURTHER PROGRESS DEMONSTRATION.—A 
demonstration that the plan, as revised, will result in VOC 
emissions reductions from the baseline emissions described 
in subsection (b)(1)(B) equal to the following amount aver-
aged over each consecutive 3-year period beginning 6 years 
after the date of the enactment of the Clean Air Act 
Amendments of 1990, until the attainment date: 
"(i) at least 3 percent of baseline emissions each year; 
or 
"(ii) an amount less than 3 percent of such baseline 
emissions each year, if the State demonstrates to the 
satisfaction of the Administrator that the plan reflect-
ing such lesser amount includes all measures that can 
feasibly be implemented in the area, in light of techno-
logical achievability. 
To lessen the 3 percent requirement under clause (ii), a 
State must demonstrate to the satisfaction of the Adminis-
trator that the plan for the area includes the measures that 
are achieved in practice by sources in the same source 
category in nonattainment areas of the next higher classi-
fication. Any determination to lessen the 3 percent require-
ment shall be reviewed at each milestone under section 
182(g) and revised to reflect such new measures (if any) 
achieved in practice by sources in the same category in any 
State, allowing a reasonable time to implement such meas-
ures. The emission reductions described in this subpara-
graph shall be calculated in accordance with subsection 
(b)(1) (C) and (D) (concerning creditability of reductions). 
The reductions creditable for the period beginning 6 years 
after the date of the enactment of the Clean Air Act 
Amendments of 1990, shall include reductions that oc-
curred before such period, computed in accordance with 
subsection (b)(1), that exceed the 15-percent amount of 
reductions required under subsection (b)(1)(A). 
"(C) NOx CONTROL.—The revision may contain, in lieu of 
the demonstration required under subparagraph (B), a dem-
onstration to the satisfaction of the Administrator that the 
applicable implementation plan, as revised, provides for 
reductions of emissions of VOC's and oxides of nitrogen 
(calculated according to the creditability provisions of 
subsection (b)(1) (C) and (D)), that would result in a reduc-
tion in ozone concentrations at least equivalent to that 
which would result from the amount of VOC emission 
reductions required under subparagraph (B). Within 1 year 
after the date of the enactment of the Clean Air Act 
Amendments of 1990, the Administrator shall issue guid-
ance concerning the conditions under which NOx control 
may be substituted for VOC control or may be combined 
with VOC control in order to maximize the reduction in 
ozone air pollution. In accord with such guidance, a lesser 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2433 
percentage of VOCs may be accepted as an adequate dem-
onstration for purposes of this subsection. 
"(3) ENHANCED VEHICLE INSPECTION AND MAINTENANCE PRO-
GRAM.— 
"(A) REQUIREMENT FOR SUBMISSION.—Within 2 years after 
the date of the enactment of the Clean Air Act Amend-
ments of 1990, the State shall submit a revision to the 
applicable implementation plan to provide for an enhanced 
program to reduce hydrocarbon emissions and NO, emis-
sions from in-use motor vehicles registered in each urban-
ized area (in the nonattainment area), as defined by the 
Bureau of the Census, with a 1980 population of 200,000 or 
more. 
"(B) EFFECTIVE DATE OF STATE PROGRAMS; GUIDANCE.—The 
State program required under subparagraph (A) shall take 
effect no later than 2 years from the date of the enactment 
of the Clean Air Act Amendments of 1990, and shall comply 
in all respects with guidance published in the Federal 
Register (and from time to time revised) by the Adminis-
trator for enhanced vehicle inspection and maintenance 
programs. Such guidance shall include— 
"(i) a performance standard achievable by a program 
combining emission testing, including on-road emission 
testing, with inspection to detect tampering with emis-
sion control devices and misfueling for all light-duty 
vehicles and all light-duty trucks subject to standards 
under section 202; and 
"(ii) program administration features necessary to 
reasonably 
assure 
that 
adequate 
management 
resources, tools, and practices are in place to attain and 
maintain the performance standard. 
Compliance with the performance standard under clause (i) 
shall be determined using a method to be established by the 
Administrator. 
"(C) STATE PROGRAM.—The State program required under 
subparagraph (A) shall include, at a minimum, each of the 
following elements— 
"(i) Computerized emission analyzers, including on-
road testing devices. 
"(ii) No waivers for vehicles and parts covered by the 
emission control performance warranty as provided for 
in section 207(b) unless a warranty remedy has been 
denied in writing, or for tampering-related repairs, 
"(iii) In view of the air quality purpose of the pro-
gram, if, for any vehicle, waivers are permitted for 
emissions-related repairs not covered by warranty, an 
expenditure to qualify for the waiver of an amount of 
$450 or more for such repairs (adjusted annually as 
determined by the Administrator on the basis of the 
Consumer Price Index in the same manner as provided 
in title V). 
"(iv) Enforcement through denial of vehicle registra-
tion (except for any program in operation before the 
date of the enactment of the Clean Air Act Amend-
ments of 1990 whose enforcement mechanism is dem-
onstrated to the Administrator to be more effective 
than the applicable vehicle registration program in 
Federal 
Register, 
publication. 
104 STAT. 2434 
PUBLIC LAW 101-549—NOV. 15, 1990 
Reports. 
assuring that noncomplying vehicles are not operated 
on pubUc roads). 
"(v) Annual emission testing and necessary adjust-
ment, repair, and maintenance, unless the State dem-
onstrates to the satisfaction of the Administrator that a 
biennial inspection, in combination with other features 
of the program which exceed the requirements of this 
Act, will result in emission reductions which equal or 
exceed the reductions which can be obtained through 
such annual inspections. 
"(vi) Operation of the program on a centralized basis, 
unless the State demonstrates to the satisfaction of the 
Administrator that a decentralized program will be 
equally effective. An electronically connected testing 
system, a licensing system, or other measures (or any 
combination thereof) may be considered, in accordance 
with criteria established by the Administrator, as 
equally effective for such purposes. 
"(vii) Inspection of emission control diagnostic sys-
tems and the maintenance or repair of malfunctions or 
system deterioration identified by or affecting such 
diagnostics systems. 
Each State shall biennially prepare a report to the 
Administrator which assesses the emission reductions 
achieved by the program required under this paragraph 
based on data collected during inspection and repair of 
vehicles. The methods used to assess the emission reduc-
tions shall be those established by the Administrator. 
"(4) CLEAN-FUEL VEHICLE PROGRAMS.—(A) Except to the extent 
that substitute provisions have been approved by the Adminis-
trator under subparagraph (B), the State shall submit to the 
Administrator, within 42 months of the date of the enactment of 
the Clean Air Act Amendments of 1990, a revision to the 
applicable implementation plan for each area described under 
part C of title II to include such measures as may be necessary 
to ensure the effectiveness of the applicable provisions of the 
clean-fuel vehicle program prescribed under part C of title II, 
including all measures necessary to make the use of clean 
alternative fuels in clean-fuel vehicles (as defined in part C of 
title II) economic from the standpoint of vehicle owners. Such a 
revision shall also be submitted for each area that opts into the 
clean fuel-vehicle program as provided in part C of title II. 
"(B) The Administrator shall approve, as a substitute for all 
or a portion of the clean-fuel vehicle program prescribed under 
part C of title II, any revision to the relevant applicable im-
plementation plan that in the Administrator's judgment will 
achieve long-term reductions in ozone-producing and toxic air 
emissions equal to those achieved under part C of title II, or the 
percentage thereof attributable to the portion of the clean-fuel 
vehicle program for which the revision is to substitute. The 
Administrator may approve such revision only if it consists 
exclusively of provisions other than those required under this 
Act for the area. Any State seeking approval of such revision 
must submit the revision to the Administrator within 24 
months of the date of the enactment of the Clean Air Act 
Amendments of 1990. The Administrator shall approve or dis-
approve any such revision within 30 months of the date of the 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2435 
enactment of the Clean Air Act Amendments of 1990. The 
Administrator shall publish the revision submitted by a State in 
the Federal Register upon receipt. Such notice shall constitute a 
notice of proposed rulemaking on whether or not to approve 
such revision and shall be deemed to comply with the require-
ments concerning notices of proposed rulemaking contained in 
sections 553 through 557 of title 5 of the United States Code 
(related to notice and comment). Where the Administrator ap-
proves such revision for any area, the State need not submit the 
revision required by subparagraph (A) for the area with respect 
to the portions of the Federal clean-fuel vehicle program for 
which the Administrator has approved the revision as a sub-
stitute. 
"(C) If the Administrator determines, under section 179, that 
the State has failed to submit any portion of the program 
required under subparagraph (A), then, in addition to any 
sanctions available under section 179, the State may not receive 
credit, in any demonstration of attainment or reasonable fur-
ther progress for the area, for any emission reductions from 
implementation of the corresponding aspects of the Federal 
clean-fuel vehicle requirements established in part C of title II. 
"(5) TRANSPORTATION CONTROL.—(A) Beginning 6 years after 
the date of the enactment of the Clean Air Act Amendments of 
1990 and each third year thereafter, the State shall submit a 
demonstration as to whether current aggregate vehicle mileage, 
aggregate vehicle emissions, congestion levels, and other rel-
evant parameters are consistent with those used for the area's 
demonstration of attainment. Where such parameters and emis-
sions levels exceed the levels projected for purposes of the area's 
attainment demonstration, the State shall within 18 months 
develop and submit a revision of the applicable implementation 
plan that includes a transportation control measures program 
consisting of measures from, but not limited to, section 108(f) 
that will reduce emissions to levels that are consistent with 
emission levels projected in such demonstration. In considering 
such measures, the State should ensure adequate access to 
downtown, other commercial, and residential areas and should 
avoid measures that increase or relocate emissions and conges-
tion rather than reduce them. Such revision shall be developed 
in accordance with guidance issued by the Administrator pursu-
ant to section 108(e) and with the requirements of section 174(b) 
and shall include implementation and funding schedules that 
achieve expeditious emissions reductions in accordance with 
implementation plan projections. 
"(6) DE MINIMIS RULE.—The new source review provisions 
under this part shall ensure that increased emissions of volatile 
organic compounds resulting from any physical change in, or 
change in the method of operation of, a stationary source 
located in the area shall not be considered de minimis for 
purposes of determining the applicability of the permit require-
ments established by this Act unless the increase in net emis-
sions of such air pollutant from such source does not exceed 25 
tons when aggregated with all other net increases in emissions 
from the source over any period of 5 consecutive calendar years 
which includes the calendar year in which such increase 
occurred. 
Federal 
Register, 
publication. 
104 STAT. 2436 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(7) SPECIAL RULE FOR MODIFICATIONS OF SOURCES EMITTING 
LESS THAN 100 TONS.—In the case of any major stationary source 
of volatile organic compounds located in the area (other than a 
source which emits or has the potential to emit 100 tons or more 
of volatile organic compounds per year), whenever any change 
(as described in section lll(aX4)) at that source results in any 
increase (other than a de minimis increase) in emissions of 
volatile organic compounds from any discrete operation, unit, or 
other pollutant emitting activity at the source, such increase 
shall be considered a modification for purposes of section 
172(c)(5) and section 173(a), except that such increase shall not 
be considered a modification for such purposes if the owner or 
operator of the source elects to offset the increase by a greater 
reduction in emissions of volatile organic compounds concerned 
from other operations, units, or activities within the source at 
an internal offset ratio of at least 1.3 to 1. If the owner or 
operator does not make such election, such change shall be 
considered a modification for such purposes, but in applying 
section 173(a)(2) in the case of any such modification, the best 
available control technology (BACT), as defined in section 169, 
shall be substituted for the lowest achievable emission rate 
(LAER). The Administrator shall establish and publish policies 
and procedures for implementing the provisions of this 
paragraph. 
"(8) SPECIAL RULE FOR MODIFICATIONS OF SOURCES EMITTING lOO 
TONS O
R MORE.—In the case of any major stationary source of 
volatile organic compounds located in the area which emits or 
has the potential to emit 100 tons or more of volatile organic 
compounds per year, whenever any change (as described in 
section 111(a)(4)) at that source results in any increase (other 
than a de minimis increase) in emissions of volatile organic 
compounds from any discrete operation, unit, or other pollutant 
emitting activity at the source, such increase shall be consid-
ered a modification for purposes of section 172(c)(5) and section 
173(a), except that if the owner or operator of the source elects 
to offset the increase by a greater reduction in emissions of 
volatile organic compounds from other operations, units, or 
activities within the source at an internal offset ratio of at least 
1.3 to 1, the requirements of section 173(a)(2) (concerning the 
lowest achievable emission rate (LAER)) shall not apply. 
"(9) CONTINGENCY PROVISIONS.—In addition to the contingency 
provisions required under section 172(c)(9), the plan revision 
shall provide for the implementation of specific measures to be 
undertaken if the area fails to meet any applicable milestone. 
Such measures shall be included in the plan revision as contin-
gency measures to take effect without further action by the 
State or the Administrator upon a failure by the State to meet 
the applicable milestone. 
"(10) GENERAL OFFSET REQUIREMENT.—For purposes of satisfy-
ing the emission offset requirements of this part, the ratio of 
total emission reductions of volatile organic compounds to total 
increase emissions of such air pollutant shall be at least 1.2 to 1. 
Any reference to 'attainment date in subsection (b), which is incor-
porated by reference into this subsection, shall refer to the attain-
ment date for serious areas. 
"(d) SEVERE AREAS.—Each State in which all or part of a Severe 
Area is located shall, with respect to the Severe Area, make the 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2437 
submissions described under subsection (c) (relating to Serious 
Areas), and shall also submit the revisions to the applicable im-
plementation plan (including the plan items) described under this 
subsection. For any Severe Area, the terms 'major source' and 
'major stationary source' include (in addition to the sources de-
scribed in section 302) any stationary source or group of sources 
located within a contiguous area and under common control that 
emits, or has the potential to emit, at least 25 tons per year of 
volatile organic compounds. 
"(1) VEHICLE MILES TRAVELED.—(A) Within 2 years after the 
date of enactment of the Clean Air Act Amendments of 1990, 
the State shall submit a revision that identifies and adopts 
specific enforceable 
transportation 
control strategies 
and 
transportation control measures to offset any growth in emis-
sions from growth in vehicle miles traveled or numbers of 
vehicle trips in such area and to attain reduction in motor 
vehicle emissions as necessary, in combination with other emis-
sion reduction requirements of this subpart, to comply with the 
requirements of subsection (b)(2)(B) and (c)(2)(B) (pertaining to 
periodic emissions reduction requirements). The State shall 
consider measures specified in section 108(f), and choose from 
among and implement such measures as necessary to dem-
onstrate attainment with the national ambient air quality 
standards; in considering such measures, the State should 
ensure adequate access to downtown, other commercial, and 
residential areas and should avoid measures that increase or 
relocate emissions and congestion rather than reduce them. 
"(B) Within 2 years after the date of enactment of the Clean 
Air Act Amendments of 1990, the State shall submit a revision 
requiring employers in such area to implement programs to 
reduce work-related vehicle trips and miles traveled by employ-
ees. Such revision shall be developed in accordance with guid-
ance issued by the Administrator pursuant to section 108(f) and 
shall, at a minimum, require that each employer of 100 or more 
persons in such area increase average passenger occupancy per 
vehicle in commuting trips between home and the workplace 
during peak travel periods by not less than 25 percent above the 
average vehicle occupancy for all such trips in the area at the 
time the revision is submitted. The guidance of the Adminis-
trator may specify average vehicle occupancy rates which vary 
for locations within a nonattainment area (suburban, center 
city, business district) or among nonattainment areas reflecting 
existing occupancy rates and the availability of high occupancy 
modes. The revision shall provide that each employer subject to 
a vehicle occupancy requirement shall submit a compliance 
plan within 2 years after the date the revision is submitted 
which shall convincingly demonstrate compliance with the 
requirements of this paragraph not later than 4 years after such 
date. 
"(2) OFFSET REQUIREMENT.—For purposes of satisfying the 
offset requirements pursuant to this part, the ratio of total 
emission reductions of VOCs to total increased emissions of such 
air pollutant shall be at least 1.3 to 1, except that if the State 
plan requires all existing major sources in the nonattainment 
area to use best available control technology (as defined in 
section 169(3)) for the control of volatile organic compounds, the 
ratio shall be at least 1.2 to 1. 
104 STAT. 2438 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(3) ENFORCEMENT UNDER SECTION 185.—By December 31, 
2000, the State shall submit a plan revision which includes the 
provisions required under section 185. 
Any reference to the term 'attainment date' in subsection (b) or (c), 
which is incorporated by reference into this subsection (d), shall 
refer to the attainment date for Severe Areas. 
"(e) EXTREME AREAS.—Each State in which all or part of an 
Extreme Area is located shall, with respect to the Extreme Area, 
M make the submissions described under subsection (d) (relating to 
Severe Areas), and shall also submit the revisions to the applicable 
implementation plan (including the plan items) described under this 
subsection. The provisions of clause (ii) of subsection (c)(2)(B) (relat-
ing to reductions of less than 3 percent), the provisions of paragaphs 
(6), (7) and (8) of subsection (c) (relating to de minimus rule and 
modification of sources), and the provisions of clause (ii) of subsec-
tion (bXl)(A) (relating to reductions of less than 15 percent) shall not 
apply in the case of an Extreme Area. For any Extreme Area, the 
terms 'major source' and 'major stationary source' includes (in 
addition to the sources described in section 302) any stationary 
source or group of sources located within a contiguous area and 
under common control that emits, or has the potential to emit, at 
least 10 tons per year of volatile organic compounds. 
"(1) OFFSET REQUIREMENT.—For purposes of satisfying the 
offset requirements pursuant to this part, the ratio of total 
emission reductions of VOCs to total increased emissions of such 
air pollutant shall be at least 1.5 to 1, except that if the State 
plan requires all existing major sources in the nonattainment 
area to use best available control technology (as defined in 
section 169(3)) for the control of volatile organic compounds, the 
ratio shall be at least 1.2 to 1. 
"(2) MODIFICATIONS—Any change (as described in section 
lll(aX4)) at a major stationary source which results in any 
increase in emissions from any discrete operation, unit, or other 
pollutant emitting activity at the source shall be considered a 
modification for purposes of section 172(c)(5) and section 173(a), 
except that for purposes of complying with the offset require-
ment pursuant to section 173(aXl), any such increase shall not 
be considered a modification if the owner or operator of the 
source elects to offset the increase by a greater reduction in 
emissions of the air pollutant concerned from other discrete 
operations, units, or activities within the source at an internal 
offset ratio of at least 1.3 to 1. The offset requirements of this 
part shall not be applicable in Extreme Areas to a modification 
of an existing source if such modification consists of installation 
of equipment required to comply with the applicable im-
plementation plan, permit, or this Act. 
"(3) 
USE OF CLEAN FUELS OR ADVANCED CONTROL TECH-
NOLOGY.—For Extreme Areas, a plan revision shall be submit-
ted within 3 years after the date of the enactment of the Clean 
Air Act Amendments of 1990 to require, effective 8 years after 
such date, that each new, modified, and existing electric utility 
and industrial and commercial boiler which emits more than 25 
tons per year of oxides of nitrogen— 
"(A) burn as its primary fuel natural gas, methanol, or 
ethanol (or a comparably low polluting fuel), or 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2439 
"(B) use advanced control technology (such as catalytic 
control technology or other comparably effective control 
methods) for reduction of emissions of oxides of nitrogen. 
For purposes of this subsection, the term 'primary fuel' means 
the fuel which is used 90 percent or more of the operating time. 
This paragraph shall not apply during any natural gas supply 
emergency (as defined in title III of the Natural Gas Policy Act 
of 1978). 
"(4) 
TRAFFIC CONTROL MEASURES DURING HEAVY TRAFFIC 
HOURS.—For Extreme Areas, each implementation plan revision 
under this subsection may contain provisions establishing traf-
fic control measures applicable during heavy traffic hours to 
reduce the use of high polluting vehicles or heavy-duty vehicles, 
notwithstanding any other provision of law. 
"(5) NEW TECHNOLOGIES.—The Administrator may, in accord-
ance with section 110, approve provisions of an implementation 
plan for an Extreme Area which anticipate development of new 
control techniques or improvement of existing control tech-
nologies, and an attainment demonstration based on such provi-
sions, if the State demonstrates to the satisfaction of the 
Administrator that— 
"(A) such provisions are not necessary to achieve the 
incremental emission reductions required during the first 
10 years after the date of the enactment of the Clean Air 
Act Amendments of 1990; and 
"(B) the State has submitted enforceable commitments to 
develop and adopt contingency measures to be implemented 
as set forth herein if the anticipated technologies do not 
achieve planned reductions. 
Such contingency measures shall be submitted to the Adminis-
trator no later than 3 years before proposed implementation of 
the plan provisions and approved or disapproved by the 
Administrator in accordance with section 110. The contingency 
measures shall be adequate to produce emission reductions 
sufficient, in conjunction with other approved plan provisions, 
to achieve the periodic emission reductions required by subsec-
tion (b)(1) or (c)(2) and attainment by the applicable dates. If the 
Administrator determines that an Extreme Area has failed to 
achieve an emission reduction requirement set forth in subsec-
tion (b)(1) or (c)(2), and that such failure is due in whole or part 
to an inability to fully implement provisions approved pursuant 
to this subsection, the Administrator shall require the State to 
implement the contingency measures to the extent necessary to 
assure compliance with subsections (b)(1) and (c)(2). 
Any reference to the term 'attainment date' in subsection (b), (c), or 
(d) which is incorporated by reference into this subsection, shall 
refer to the attainment date for Extreme Areas. 
"(f) NOX REQUIREMENTS.—(1) The plan provisions required under 
this subpart for major stationary sources of volatile organic com-
pounds shall also apply to major stationary sources (as defined in 
section 302 and subsections (c), (d), and (e) of this section) of oxides of 
nitrogen. This subsection shall not apply in the case of oxides of 
nitrogen for those sources for which the Administrator determines 
(when the Administrator approves a plan or plan revision) that net 
air quality benefits are greater in the absence of reductions of oxides 
of nitrogen from the sources concerned. This subsection shall also 
not apply in the case of oxides of nitrogen for— 
104 STAT. 2440 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(A) nonattainment areas not within an ozone transport 
region under section 184 if the Administrator determines (when 
the Administrator approves a plan or plan revision) that addi-
tional reductions of oxides of nitrogen would not contribute to 
attainment of the national ambient air quality standard for 
ozone in the area, or 
"(B) nonattainment areas within such an ozone transport 
region if the Administrator determines (when the Adminis-
trator approves a plan or plan revision) that additional reduc-
tions of oxides of nitrogen would not produce net ozone air 
quality benefits in such region. 
The Administrator shall, in the Administrator's determinations, 
consider the study required under section 185B. 
"(2XA) If the Administrator determines that excess reductions in 
emissions of NO, would be achieved under paragraph (1), the 
Administrator may limit the application of paragraph (1) to the 
extent necessary to avoid achieving such excess reductions. 
"(B) For purposes of this paragraph, excess reductions in emis-
sions of NOx are emission reductions for which the Administrator 
determines that net air quality benefits are greater in the absence of 
such reductions. Alternatively, for purposes of this paragraph, 
excess reductions in emissions of NO, are, for— 
"(i) nonattainment areas not within an ozone transport region 
under section 184, emission reductions that the Administrator 
determines would not contribute to attainment of the national 
ambient air quality standard for ozone in the area, or 
"(ii) nonattainment areas within such ozone transport region, 
emission reductions that the Administrator determines would 
not produce net ozone air quality benefits in such region. 
"(3) At any time after the final report under section 185B is 
submitted to Congress, a person may petition the Administrator for 
a determination under paragraph (1) or (2) with respect to any 
nonattainment area or any ozone transport region under section 
184. The Administrator shall grant or deny such petition within 6 
months after its filing with the Administrator. 
"(g) MILESTONES.— 
"(1) REDUCTIONS IN EMISSIONS.—6 years after the date of the 
enactment of the Clean Air Amendments of 1990 and at inter-
vals of every 3 years thereafter, the State shall determine 
whether each nonattainment area (other than an area classified 
as Marginal or Moderate) has achieved a reduction in emissions 
during the preceding intervals equivalent to the total emission 
reductions required to be achieved by the end of such interval 
pursuant to subsection (b)(1) and the corresponding require-
ments of subsections (c)(2) (B) and (C), (d), and (e). Such 
reduction shall be referred to in this section as an applicable 
milestone. 
"(2) COMPLIANCE DEMONSTRATION.—For each nonattainment 
area referred to in paragraph (1), not later than 90 days after 
the date on which an applicable milestone occurs (not including 
an attainment date on which a milestone occurs in cases where 
the standard has been attained), each State in which all or part 
of such area is located shall submit to the Administrator a 
Regulations. 
demonstration that the milestone has been met. A demonstra-
tion under this paragraph shall be submitted in such form and 
manner, and shall contain such information and analysis, as the 
Administrator shall require, by rule. The Administrator shall 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2441 
determine whether or not a State's demonstration is adequate 
within 90 days after the Administrator's receipt of a demonstra-
tion which contains the information and analysis required by 
the Administrator. 
"(3) SERIOUS AND SEVERE AREAS; STATE ELECTION.—If a State 
fails to submit a demonstration under paragraph (2) for any 
Serious or Severe Area within the required period or if the 
Administrator determines that the area has not met any ap-
plicable milestone, the State shall elect, within 90 days after 
such failure or determination— 
"(A) to have the area reclassified to the next higher 
classification, 
"(B) to implement specific additional measures adequate, 
as determined by the Administrator, to meet the next 
milestone as provided in the applicable contingency plan, or 
"(C) to adopt an economic incentive program as described 
in paragraph (4). 
If the State makes an election under subparagraph (B), the 
Administrator shall, within 90 days after the election, review 
such plan and shall, if the Administrator finds the contingency 
plan inadequate, require further measures necessary to meet 
such milestone. Once the State makes an election, it shall be 
deemed accepted by the Administrator as meeting the election 
requirement. If the State fails to make an election required 
under this paragraph within the required 90-day period or 
within 6 months thereafter, the area shall be reclassified to the 
next higher classification by operation of law at the expiration 
of such 6-month period. Within 12 months after the date re-
quired for the State to make an election, the State shall submit 
a revision of the applicable implementation plan for the area 
that meets the requirements of this paragraph. The Adminis-
trator shall review such plan revision and approve or dis-
approve the revision within 9 months after the date of its 
submission. 
"(4) ECONOMIC INCENTIVE PROGRAM.—(A) An economic incen-
tive program under this pareigraph shall be consistent with 
rules published by the Administrator and sufficient, in combina-
tion with other elements of the State plan, to achieve the next 
milestone. The State program may include a nondiscriminatory 
system, consistent with applicable law regarding interstate com-
merce, of State established emissions fees or a system of market-
able permits, or a system of State fees on sale or manufacture of 
products the use of which contributes to ozone formation, or any 
combination of the foregoing or other similar measures. The 
program may also include incentives and requirements to 
reduce vehicle emissions and vehicle miles traveled in the area, 
including any of the transportation control measures identified 
in section 108(f). 
"(B) Within 2 years after the date of the enactment of the Regulations. 
Clean Air Act Amendments of 1990, the Administrator shall 
publish rules for the programs to be adopted pursuant to 
subparagraph (A). Such rules shall include model plan provi-
sions which may be adopted for reducing emissions from per-
mitted stationary sources, area sources, and mobile sources. The 
guidelines shall require that any revenues generated by the 
plan provisions adopted pursuant to subparagraph (A) shall be 
used by the State for any of the following: 
104 STAT. 2442 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(i) Providing incentives for achieving emission reduc-
tions. 
"(ii) Providing assistance for the development of innova-
tive technologies for the control of ozone air pollution and 
for the development of lower-polluting solvents and surface 
coatings. Such assistance shall not provide for the payment 
of more than 75 percent of either the costs of any project to 
develop such a technology or the costs of development of a 
lower-polluting solvent or surface coating. 
"(iii) Funding the administrative costs of State programs 
under this Act. Not more than 50 percent of such revenues 
may be used for purposes of this clause. 
"(5) EXTREME AREAS.—If a State fails to submit a demonstra-
tion under paragraph (2) for any Extreme Area within the 
required period, or if the Administrator determines that the 
area has not met any applicable milestone, the State shall, 
within 9 months after such failure or determination, submit a 
plan revision to implement an economic incentive program 
which meets the requirements of paragraph (4). The Adminis-
trator shall review such plan revision and approve or dis-
approve the revision within 9 months after the date of its 
submission. 
"(h) RURAL TRANSPORT AREAS.—(1) Notwithstanding any other 
provision of section 181 or this section, a State containing an ozone 
nonattainment area that does not include, and is not adjacent to, 
any part of a Metropolitan Statistical Area or, where one exists, a 
Consolidated Metropolitan Statistical Area (as defined by the United 
States Bureau of the Census), which area is treated by the Adminis-
trator, in the Administrator's discretion, as a rural transport area 
within the meaning of paragraph (2), shall be treated by operation of 
law as satisfying the requirements of this section if it makes the 
submissions required under subsection (a) of this section (relating to 
marginal areas). 
"(2) The Administrator may treat an ozone nonattainment area as 
a rural transport area if the Administrator finds that sources of 
VOC (and, where the Administrator determines relevant, NOx) emis-
sions within the area do not make a significant contribution to the 
ozone concentrations measured in the area or in other areas. 
"(i) RECLASSIFIED AREAS.—Each State containing an ozone non-
attainment area reclassified under section 181(b)(2) shall meet such 
requirements of subsections (b) through (d) of this section as may be 
applicable to the area as reclassified, according to the schedules 
prescribed in connection with such requirements, except that the 
Administrator may adjust any applicable deadlines (other than 
attainment dates) to the extent such adjustment is necessary or 
appropriate to assure consistency among the required submissions, 
"(j) MULTI-STATE OZONE NONATTAINMENT AREAS.— 
"(1) COORDINATION AMONG STATES.—Each State in which there 
is located a portion of a single ozone nonattainment area which 
covers more than one State (hereinafter in this section referred 
to as a 'multi-State ozone nonattainment area') shall— 
"(A) take all reasonable steps to coordinate, substantively 
and procedurally, the revisions and implementation of 
State implementation plans applicable to the nonattain-
ment area concerned; and 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2443 
"(B) use photochemical grid modeling or any other 
analytical method determined by the Administrator, in his 
discretion, to be at least as effective. 
The Administrator may not approve any revision of a State 
implementation plan submitted under this part for a State in 
which part of a multi-State ozone nonattainment area is located 
if the plan revision for that State fails to comply with the 
requirements of this subsection. 
"(2) FAILURE TO DEMONSTRATE ATTAINMENT.—If any State in 
which there is located a portion of a multi-State ozone non-
attainment area fails to provide a demonstration of attainment 
of the national ambient air quality standard for ozone in that 
portion within the required period, the State may petition the 
Administrator to make a finding that the State would have been 
able to make such demonstration but for the failure of one or 
more other States in which other portions of the area are 
located to commit to the implementation of all measures re-
quired under section 182 (relating to plan submissions and 
requirements for ozone nonattainment areas). If the Adminis-
trator makes such finding, the provisions of section 179 (relating 
to sanctions) shall not apply, by reason of the failure to make 
such demonstration, in the portion of the multi-State ozone 
nonattainment area within the State submitting such petition. 
"SEC. 183. FEDERAL OZONE MEASURES. 
42 USC 7511b. 
"(a) CONTROL TECHNIQUES GUIDELINES FOR V O C SOURCES.—Within 
3 years after the date of the enactment of the Clean Air Act 
Amendments of 1990, the Administrator shall issue control tech-
niques guidelines, in accordance with section 108, for 11 categories 
of stationary sources of VOC emissions for which such guidelines 
have not been issued as of such date of enactment, not including the 
categories referred to in paragraphs (3) and (4) of subsection (b) of 
this section. The Administrator may issue such additional control 
techniques guidelines as the Administrator deems necessary. 
"(b) EXISTING AND NEW CTGS.—(1) Within 36 months after the 
date of the enactment of the Clean Air Act Amendments of 1990, , 
and periodically thereafter, the Administrator shall review and, if 
necessary, update control technique guidance issued under section 
108 before the date of the enactment of the Clean Air Act Amend-
ments of 1990. 
"(2) In issuing the guidelines the Administrator shall give priority 
to those categories which the Administrator considers to make the 
most significant contribution to the formation of ozone air pollution 
in ozone nonattainment areas, including hazardous weiste treat-
ment, storage, and disposal facilities which are permitted under 
subtitle C of the Solid Waste Disposal Act. Thereafter the Adminis-
trator shall periodically review and, if necessary, revise such guide-
lines. 
"(3) Within 3 years after the date of the enactment of the Clean 
Air Act Amendments of 1990, the Administrator shall issue control 
techniques guidelines in accordance with section 108 to reduce the 
aggregate emissions of volatile organic compounds into the ambient 
air from aerospace coatings and solvents. Such control techniques 
guidelines shall, at a minimum, be adequate to reduce aggregate 
emissions of volatile organic compounds into the ambient air from 
the application of such coatings and solvents to such level as the 
Administrator determines may be achieved through the adoption of 
104 STAT. 2444 
PUBLIC LAW 101-549—NOV. 15, 1990 
best available control measures. Such control technology guidance 
shall provide for such reductions in such increments and on such 
schedules as the Administrator determines to be reasonable, but in 
no event later than 10 years after the final issuance of such control 
technology guidance. In developing control technology guidance 
under this subsection, the Administrator shall consult with the 
Secretary of Defense, the Secretary of Transportation, and the 
Administrator of the National Aeronautics and Space Administra-
tion with regard to the establishment of specifications for such 
coatings. In evaluating VOC reduction strategies, the guidance shall 
take into account the applicable requirements of section 112 and the 
need to protect stratospheric ozone. 
"(4) Within 3 years after the date of the enactment of the Clean 
Air Act Amendments of 1990, the Administrator shall issue control 
techniques guidelines in accordance with section 108 to reduce the 
aggregate emissions of volatile organic compounds and PM-10 into 
the ambient air from paints, coatings, and solvents used in 
shipbuilding operations and ship repair. Such control techniques 
guidelines shall, at a minimum, be adequate to reduce aggregate 
emissions of volatile organic compounds and PM-10 into the 
ambient air from the removal or application of such paints, coatings, 
and solvents to such level as the Administrator determines may be 
achieved through the adoption of the best available control meas-
ures. Such control techniques guidelines shall provide for such 
reductions in such increments and on such schedules as the 
Administrator determines to be reasonable, but in no event later 
than 10 years after the final issuance of such control technology 
guidance. In developing control techniques guidelines under this 
subsection, the Administrator shall consult with the appropriate 
Federal agencies. 
"(c) ALTERNATIVE CONTROL TECHNIQUES.—Within 3 years after the 
date of the enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall issue technical documents which identify alter-
native controls for all categories of stationary sources of volatile 
organic compounds and oxides of nitrogen which emit, or have the 
potential to emit 25 tons per year or more of such air pollutant. The 
Administrator shall revise and update such documents as the 
Administrator determines necessary. 
"(d) GUIDANCE FOR EVALUATING COST-EFFECTIVENESS.—Within 1 
year after the date of the enactment of the Clean Air Act Amend-
ments of 1990, the Administrator shall provide guidance to the 
States to be used in evaluating the relative cost-effectiveness of 
various options for the control of emissions from existing stationary 
sources of air pollutants which contribute to nonattainment of the 
national ambient air quality standards for ozone. 
"(e) CONTROL OF EMISSIONS FROM CERTAIN SOURCES.— 
"(1) DEFINITIONS.—For purposes of this subsection— 
"(A) BEST AVAILABLE CONTROLS.—The term 'best available 
controls' means the degree of emissions reduction that the 
Administrator determines, on the basis of technological and 
economic feasibility, health, environmental, and energy im-
pacts, is achievable through the application of the most 
effective equipment, measures, processes, methods, systems 
or techniques, including chemical reformulation, product or 
feedstock substitution, repackaging, and directions for use, 
consumption, storage, or disposal. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2445 
"(B) CONSUMER OR COMMERCIAL PRODUCT.—The term 
'consumer or commercial product' means any substance, 
product (including paints, coatings, and solvents), or article 
(including any container or packaging) held by any person, 
the use, consumption, storage, disposal, destruction, or 
decomposition of which may result in the release of volatile 
organic compounds. The term does not include fuels or fuel 
additives regulated under section 211, or motor vehicles, 
non-road vehicles, and non-road engines as defined under 
section 216. 
"(C) REGULATED ENTITIES.—The term 'regulated entities' 
means— 
"(i) manufacturers, processors, wholesale distribu-
tors, or importers of consumer or commercial products 
for sale or distribution in interstate commerce in the 
United States; or 
"(ii) manufacturers, processors, wholesale distribu-
tors, or importers that supply the entities listed under 
clause (i) with such products for sale or distribution in 
interstate commerce in the United States. 
'(2) STUDY AND REPORT.— 
"(A) STUDY.—The Administrator shall conduct a study of 
the emissions of volatile organic compounds into the am-
bient air from consumer and commercial products (or any 
combination thereof) in order to— 
"(i) determine their potential to contribute to ozone 
levels which violate the national ambient air quality 
standard for ozone; and 
"(ii) establish criteria for regulating consumer and 
commercial products or classes or categories thereof 
which shall be subject to control under this subsection. 
The study shall be completed and a report submitted to 
Congress not later than 3 years after the date of the 
enactment of the Clean Air Act Amendments of 1990. 
"(B) CONSIDERATION OF CERTAIN FACTORS.—In establishing 
the criteria under subparagraph (AXii), the Administrator 
shall take into consideration each of the following: 
"(i) The uses, benefits, and commercial demand of 
consumer and commercial products. 
"(ii) The health or safety functions (if any) served by 
such consumer and commercial products. 
"(iii) Those consumer and commercial products 
which emit highly reactive volatile organic compounds 
into the ambient air. 
"(iv) Those consumer and commercial products which 
are subject to the most cost-effective controls. 
"(v) The availability of alternatives (if any) to such 
consumer and commercial products which are of com-
parable costs, considering health, safety, and environ-
mental impacts. 
'(3) REGULATIONS TO REQUIRE EMISSION REDUCTIONS.— 
"(A) IN GENERAL.—Upon submission of the final report 
under paragraph (2), the Administrator shall list those 
categories of consumer or commercial products that the 
Administrator determines, based on the study, account for 
at least 80 percent of the VOC emissions, on a reactivity-
adjusted basis, from consumer or commercial products in 
39-194 O - 91 - 5 : QL 3 Part 4 
104 STAT. 2446 
PUBLIC LAW 101-549—NOV. 15, 1990 
areas that violate the NAAQS for ozone. Credit toward the 
80 percent emissions calculation shall be given for emission 
reductions from consumer or commercial products made 
after the date of enactment of this section. At such time, 
the Administrator shall divide the list into 4 groups 
establishing priorities for regulation based on the criteria 
established in paragraph (2). Every 2 years after promulgat-
ing such list, the Administrator shall regulate one group of 
categories until all 4 groups are regulated. The regulations 
shall require best available controls as defined in this 
section. Such regulations may exempt health use products 
for which the Administrator determines there is no suitable 
substitute. In order to carry out this section, the Adminis-
trator may, by regulation, control or prohibit any activity, 
including the manufacture or introduction into commerce, 
offering for sale, or sale of any consumer or commercial 
product which results in emission of volatile organic com-
pounds into the ambient air. 
"(B) 
REGULATED 
ENTITIES.—Regulations 
under 
this 
subsection may be imposed only with respect to regulated 
entities. 
"(C) USE OF CTGS.—For any consumer or commercial 
product the Administrator may issue control techniques 
guidelines under this Act in lieu of regulations required 
under subparagraph (A) if the Administrator determines 
that such guidance will be substantially as effective as 
regulations in reducing emissions of volatile organic com-
pounds which contribute to ozone levels in areas which 
violate the national ambient air quality standard for ozone. 
"(4) SYSTEMS OF REGULATION.—The regulations under this 
subsection may include any system or systems of regulation as 
the Administrator may deem appropriate, including require-
ments for registration and labeling, self-monitoring and report-
ing, prohibitions, limitations, or economic incentives (including 
marketable permits and auctions of emissions rights) concern-
ing the manufacture, processing, distribution, use, consumption, 
or disposal of the product. 
"(5) SPECIAL FUND.—Any amounts collected by the Adminis-
trator under such regulations shall be deposited in a special 
fund in the United States Treasury for licensing and other 
services, which thereafter shall be available until expended, 
subject to annual appropriation Acts, solely to carry out the 
activities of the Administrator for which such fees, charges, or 
collections are established or made. 
"(6) ENFORCEMENT.—Any regulation established under this 
subsection shall be treated, for purposes of enforcement of this 
Act, as a standard under section 111 and any violation of such 
regulation shall be treated as a violation of a requirement of 
section 111(e). 
"(7) STATE ADMINISTRATION.—Each State may develop and 
submit to the Administrator a procedure under State law for 
implementing and enforcing regulations promulgated under 
this subsection. If the Administrator finds the State procedure 
is adequate, the Administrator shall approve such procedure. 
Nothing in this paragraph shall prohibit the Administrator 
from enforcing any applicable regulations under this subsection. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2447 
"(8) SIZE, ETC.—No regulations regarding the size, shape, or 
labeling of a product may be promulgated, unless the Adminis-
trator determines such regulations to be useful in meeting any 
national ambient air quality standard. 
"(9) STATE CONSULTATION.—Any State which proposes regula-
tions other than those adopted under this subsection shall 
consult with the Administrator regarding whether any other 
State or local subdivision has promulgated or is promulgating 
regulations on any products covered under this part. The 
Administrator shall establish a clearinghouse of information, 
studies, and regulations proposed and promulgated regarding 
products covered under this subsection and disseminate such 
information collected as requested by State or local subdivi-
sions. 
'(f) TANK VESSEL STANDARDS.— 
"(1) SCHEDULE FOR STANDARDS.—(A) Within 2 years after the 
date of the enactment of the Clean Air Act Amendments of 
1990, the Administrator, in consultation with the Secretary of 
the Department in which the Coast Guard is operating, shall 
promulgate standards applicable to the emission of VOCs and 
any other air pollutant from loading and unloading of tank 
vessels (as that term is defined in section 2101 of title 46 of the 
United States Code) which the Administrator finds causes, or 
contributes to, air pollution that may be reasonably anticipated 
to endanger public health or welfare. Such standards shall 
require the application of reasonably available control tech-
nology, considering costs, any nonair-quality benefits, environ-
mental impacts, energy requirements and safety factors associ-
ated with alternative control techniques. To the extent 
practicable 
such standards 
shall 
apply to loading and 
unloading facilities and not to tank vessels. 
"(B) Any regulation prescribed under this subsection (and any Effective dates, 
revision thereof) shall take effect after such period as the 
Administrator finds (after consultation with the Secretary of 
the department in which the Coast Guard is operating) nec-
essary to permit the development and application of the req-
uisite technology, giving appropriate consideration to the cost of 
compliance within such period, except that the effective date 
shall not be more than 2 years after promulgation of such 
regulations. 
"(2) REGULATIONS ON EQUIPMENT SAFETY.—Within 6 months 
after the date of the enactment of the Clean Air Act Amend-
ments of 1990, the Secretary of the Department in which the 
Coast Guard is operating shall issue regulations to ensure the 
safety of the equipment and operations which are to control 
emissions from the loading and unloading of tank vessels, under 
section 3703 of title 46 of the United States Code and section 6 of 
the Ports and Waterways Safety Act (33 U.S.C. 1225). The 
standards promulgated by the Administrator under paragraph 
(1) and the regulations issued by a State or political subdivision 
regarding emissions from the loading and unloading of tank 
vessels shall be consistent with the regulations regarding safety 
of the Department in which the Coast Guard is operating. 
"(3) AGENCY AUTHORITY.—(A) The Administrator shall ensure 
compliance with the tank vessel emission standards prescribed 
under paragraph (IXA). The Secretary of the Department in 
which the Coast Guard is operating shall also ensure compli-
104 STAT. 2448 
PUBLIC LAW 101-549—NOV. 15, 1990 
Inter-
governmental 
relations. 
Reports. 
Public 
information. 
42 u s e 7511c. 
State listing. 
ance with the tank vessel standards prescribed under paragraph 
dXA). 
"(B) The Secretary of the Department in which the Coast 
Guard is operating shall ensure compliance with the regula-
tions issued under paragraph (2). 
"(4) STATE OR LOCAL STANDARDS.—After the Administrator 
promulgates standards under this section, no State or political 
subdivision thereof may adopt or attempt to enforce any stand-
ard respecting emissions from tank vessels subject to regulation 
under paragraph (1) unless such standard is no less stringent 
than the standards promulgated under paragraph (1). 
"(5) ENFORCEMENT.—Any standard established under para-
graph (IXA) shall be treated, for purposes of enforcement of this 
Act, as a standard under section 111 and any violation of such 
standard shall be treated as a violation of a requirement of 
section 111(e). 
"(g) OZONE DESIGN VALUE STUDY.—The Administrator shall con-
duct a study of whether the methodology in use by the Environ-
mental Protection Agency as of the date of the enactment of the 
Clean Air Act Amendments of 1990 for establishing a design value 
for ozone provides a reasonable indicator of the ozone air quality of 
ozone nonattainment areas. The Administrator shall obtain input 
from States, local subdivisions thereof, and others. The study shall 
be completed and a report submitted to Congress not later than 3 
years after the date of the enactment of the Clean Air Act Amend-
ments of 1990. The results of the study shall be subject to peer and 
public review before submitting it to Congress. 
"SEC. 184. CONTROL OF INTERSTATE OZONE AIR POLLUTION. 
"(a) OZONE TRANSPORT REGIONS.—A single transport region for 
ozone (within the meaning of section 176A(a)), comprised of the 
States of Connecticut, Delaware, Maine, Maryland, Massachusetts, 
New Hampshire, New Jersey, New York, Pennsylvania, Rhode 
Island, Vermont, and the Consolidated Metropolitan Statistical 
Area that includes the District of Columbia, is hereby established by 
operation of law. The provisions of section 176A(a) (1) and (2) shall 
apply with respect to the transport region established under this 
section and any other transport region established for ozone, except 
to the extent inconsistent with the provisions of this section. The 
Administrator shall convene the commission required (under section 
176A(b)) £is a result of the establishment of such region within 6 
months of the date of the enactment of the Clean Air Act Amend-
ments of 1990. 
"0)) PLAN PROVISIONS FOR STATES IN OZONE TRANSPORT REGIONS.— 
(1) In accordance with section 110, not later than 2 years after the 
date of the enactment of the Clean Air Act Amendments of 1990 (or 
9 months after the subsequent inclusion of a State in a transport 
region established for ozone), each State included within a transport 
region established for ozone shall submit a State implementation 
plan or revision thereof to the Administrator which requires the 
following— 
"(A) that each area in such State that is in an ozone transport 
region, and that is a metropolitan statistical area or part 
thereof with a population of 100,000 or more comply with the 
provisions of section 182(c)(2XA) (pertaining to enhanced vehicle 
inspection and maintenance programs); and 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2449 
"(B) implementation of reasonably available control tech-
nology with respect to all sources of volatile organic compounds 
in the State covered by a control techniques guideline issued 
before or after the date of the enactment of the Clean Air Act 
Amendments of 1990. 
"(2) Within 3 years after the date of the enactment of the Clean 
Air Act Amendments of 1990, the Administrator shall complete a 
study identifying control measures capable of achieving emission 
reductions comparable to those achievable through vehicle refueling 
controls contained in section 182(b)(3), and such measures or such 
vehicle refueling controls shall be implemented in accordance with 
the provisions of this section. Notwithstanding other deadlines in 
this section, the applicable implementation plan shall be revised to 
reflect such measures within 1 year of completion of the study. For 
purposes of this section any stationary source that emits or has the 
potential to emit at least 50 tons per year of volatile organic 
compounds shall be considered a major stationary source and sub-
ject to the requirements which would be applicable to major station-
ary sources if the area were classified as a Moderate nonattainment 
area. 
"(c) ADDITIONAL CONTROL MEASURES.— 
"(1) RECOMMENDATIONS.—Upon petition of any State within a 
transport region established for ozone, and based on a majority 
vote of the Governors on the Commission (or their designees), 
the Commission may, after notice and opportunity for public 
comment, develop recommendations for additional control 
measures to be applied within all or a part of such transport 
region if the commission determines such measures are nec-
essary to bring any area in such region into attainment by the 
dates provided by this subpart. The commission shall transmit 
such recommendations to the Administrator. 
"(2) NOTICE AND REVIEW.—Whenever the 
Administrator 
receives recommendations prepared by a commission pursuant 
to paragraph (1) (the date of receipt of which shall hereinafter 
in this section be referred to as the 'receipt date'), the Adminis-
trator shall— 
"(A) immediately publish in the Federal Register a notice 
stating that the recommendations are available and provide 
an opportunity for public hearing within 90 days beginning 
on the receipt date; and 
"(B) commence a review of the recommendations to deter-
mine whether the control measures in the recommenda-
tions are necessary to bring any area in such region into 
attainment by the dates provided by this subpart and are 
otherwise consistent with this Act. 
"(3) CONSULTATION.—In undertaking the review required 
under paragraph (2)(B), the Administrator shall consult with 
members of the commission of the affected States and shall take 
into account the data, views, and comments received pursuant 
to paragraph (2)(A). 
"(4) APPROVAL AND DISAPPROVAL.—Within 9 months after the 
receipt date, the Administrator shall (A) determine whether to 
approve, disapprove, or partially disapprove and partially 
approve the recommendations; (B) notify the commission in 
writing of such approval, disapproval, or partial disapproval; 
and (C) publish such determination in the Federal Register. If 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
104 STAT. 2450 
PUBLIC LAW 101-549—NOV. 15, 1990 
the Administrator disapproves or partially disapproves the rec-
ommendations, the Administrator shall specify— 
"(i) why any disapproved additional control measures are 
not necessary to bring any area in such region into attain-
ment by the dates provided by this subpart or are otherwise 
not consistent with the Act; and 
"(ii) recommendations concerning equal or more effective 
actions that could be taken by the commission to conform 
the disapproved portion of the recommendations to the 
requirements of this section. 
"(5) FINDING.—Upon approval or partial approval of rec-
ommendations submitted by a commission, the Administrator 
shall issue to each State which is included in the transport 
region and to which a requirement of the approved plan applies, 
a finding under section 110(k)(5) that the implementation plan 
for such State is inadequate to meet the requirements of section 
110(a)(2)(D). Such finding shall require each such State to revise 
its implementation plan to include the approved additional 
control measures within one year after the finding is issued. 
"(d) BEST AVAILABLE AIR QUALITY MONITORING AND MODELING.— 
For purposes of this section, not later than 6 months after the date 
of the enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall promulgate criteria for purposes of determining 
the contribution of sources in one area to concentrations of ozone in 
another area which is a nonattainment area for ozone. Such criteria 
shall require that the best available air quality monitoring and 
modeling techniques be used for purposes of making such 
determinations. 
42 use 751 Id. 
"SEC. 185. ENFORCEMENT FOR SEVERE AND EXTREME OZONE NON-
ATTAINMENT AREAS FOR FAILURE TO ATTAIN. 
"(a) GENERAL RULE.—Each implementation plan revision required 
under section 182 (d) and (e) (relating to the attainment plan for 
Severe and Extreme ozone nonattainment areas) shall provide that, 
if the area to which such plan revision applies has failed to attain 
the national primary ambient air quality standard for ozone by the 
applicable attainment date, each major stationary source of VOCs 
located in the area shall, except as otherwise provided under subsec-
tion (c), pay a fee to the State as a penalty for such failure, computed 
in accordance with subsection (b), for each calendar year beginning 
after the attainment date, until the area is redesignated as an 
attainment area for ozone. Each such plan revision should include 
procedures for assessment and collection of such fees. 
"(b) COMPUTATION OF FEE.— 
"(1) FEE AMOUNT.—The fee shall equal $5,000, adjusted in 
accordance with paragraph (3), per ton of VOC emitted by the 
source during the calendar year in excess of 80 percent of the 
baseline amount, computed under paragraph (2). 
"(2) BASELINE AMOUNT.—For purposes of this section, the 
baseline amount shall be computed, in accordance with such 
guidance as the Administrator may provide, as the lower of the 
amount of actual VOC emissions ('actuals') or VOC emissions 
allowed under the permit applicable to the source (or, if no such 
permit has been issued for the attainment year, the amount of 
VOC emissions allowed under the applicable implementation 
plan ('allowables')) during the attainment year. Notwithstand-
ing the preceding sentence, the Administrator may issue guid-
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2451 
ance authorizing the baseline amount to be determined in 
accordance with the lower of average actuals or average 
allowables, determined over a period of more than one calendar 
year. Such guidance may provide that such average calculation 
for a specific source may be used if that source's emissions are 
irregular, cyclical, or otherwise vary significantly from year to 
year. 
"(3) ANNUAL ADJUSTMENT.—The fee amount under paragraph 
(1) shall be adjusted annually, beginning in the year beginning 
after the year of enactment, in accordance with section 
502(b)(3)(B)(v) (relating to inflation adjustment). 
"(c) EXCEPTION.—Notwithstanding any provision of this section, 
no source shall be required to pay any fee under subsection (a) with 
respect to emissions during any year that is treated as an Extension 
Year under section 181(a)(5). 
"(d) FEE COLLECTION BY THE ADMINISTRATOR.—If the Adminis-
trator has found that the fee provisions of the implementation plan 
do not meet the requirements of this section, or if the Administrator 
makes a finding that the State is not administering and enforcing 
the fee required under this section, the Administrator shall, in 
addition to any other action authorized under this title, collect, in 
accordance with procedures promulgated by the Administrator, the 
unpaid fees required under subsection (a). If the Administrator 
makes such a finding under section 179(a)(4), the Administrator may 
collect fees for periods before the determination, plus interest com-
puted in accordance with section 6621(a)(2) of the Internal Revenue 
Code of 1986 (relating to computation of interest on underpayment 
of Federal taxes), to the extent the Administrator finds such fees 
have not been paid to the State. The provisions of clauses (ii) 
through (iii) of section 502(b)(3)(C) (relating to penalties and use of 
the funds, respectively) shall apply with respect to fees collected 
under this subsection. 
"(e) EXEMPTIONS FOR CERTAIN SMALL AREAS.—For areas with a 
total population under 200,000 which fail to attain the standard by 
the applicable attainment date, no sanction under this section or 
under any other provision of this Act shall apply if the area can 
demonstrate, consistent with guidance issued by the Administrator, 
that attainment in the area is prevented because of ozone or ozone 
precursors transported from other areas. The prohibition applies 
only in cases in which the area has met all requirements and 
implemented all measures applicable to the area under this Act. 
"SEC. 185A. TRANSITIONAL AREAS. 
42 USC 7511e. 
"If an area designated as an ozone nonattainment area as of the 
date of enactment of the Clean Air Act Amendments of 1990 has not 
violated the national primary ambient air quality standard for 
ozone for the 36-month period commencing on January 1, 1987, and 
ending on December 31, 1989, the Administrator shall suspend the 
application of the requirements of this subpart to such area until 
December 31, 1991. By June 30, 1992, the Administrator shall 
determine by order, based on the area's design value as of the 
attainment date, whether the area attained such standard by 
December 31, 1991. If the Administrator determines that the area 
attained the standard, the Administrator shall require, as part of 
the order, the State to submit a maintenance plan for the area 
within 12 months of such determination. If the Administrator deter-
mines that the area failed to attain the standard, the Administrator 
104 STAT. 2452 
PUBLIC LAW 101-549—NOV. 15, 1990 
42 u s e 7511f. 
Reports. 
Public 
information. 
42 u s e 7512. 
shall, by June 30, 1992, designate the area as nonattainment under 
section 107(d)(4). 
"SEC. 185B. NO, AND VOC STUDY. 
"The Administrator, in conjunction with the National Academy of 
Sciences, shall conduct a study on the role of ozone precursors in 
tropospheric ozone formation and control. The study shall examine 
the roles of NOj and VOC emission reductions, the extent to which 
NOx reductions may contribute (or be counterproductive) to achieve-
ment of attainment in different nonattainment areas, the sensitivity 
of ozone to the control of NO,, the availability and extent of controls 
for NOx, the role of biogenic VOC emissions, and the basic informa-
tion required for air quality models. The study shall be completed 
and a proposed report made public for 30 days comment within 1 
year of the date of the enactment of the Clean Air Act Amendments 
of 1990, and a final report shall be submitted to Congress within 15 
months after such date of enactment. The Administrator shall 
utilize all available information and studies, as well as develop 
additional information, in conducting the study required by this 
section.". 
SEC. 104. ADDITIONAL PROVISIONS FOR CARBON MONOXIDE NON-
ATTAINMENT AREAS. 
Part D of title I of the Clean Air Act is amended by adding the 
following new subpart at the end: 
"Subpart 3—Additional Provisions for Carbon 
Monoxide Nonattainment Areas 
"Sec. 186. Classifications and attainment dates. 
"Sec. 187. Plan submissions and requirements. 
"SEC. 186. CLASSIFICATION AND ATTAINMENT DATES. 
"(a) 
CLASSIFICATION BY OPERATION OF LAW AND ATTAINMENT 
DATES FOR NONATTAINMENT AREAS.—(1) Each area designated non-
attainment for carbon monoxide pursuant to section lOlid) shall be 
classified at the time of such designation under table 1, by operation 
of law, as a Moderate Area or a Serious Area based on the design 
value for the area. The design value shall be calculated according to 
the interpretation methodology issued by the Administrator most 
recently before the date of the enactment of the Clean Air Act 
Amendments of 1990. For each area classified under this subsection, 
the primary standard attainment date for carbon monoxide shall be 
as expeditiously as practicable but not later than the date provided 
in table 1: 
"TABLE 3 
Area classification 
Design value 
Primary standard 
attainment date 
Moderate 
9.1-16.4 ppm 
December 31, 1995 
Serious 
16.5 and above.... December 31, 2000 
"(2) At the time of publication of the notice required under section 
107 (designating carbon monoxide nonattainment areas), the 
Administrator shall publish a notice announcing the classification of 
each such carbon monoxide nonattainment area. The provisions of 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2453 
section 172(a)(1)(B) (relating to lack of notice-and-comment and ju-
dicial review) shall apply with respect to such classification. 
"(3) If an area classified under paragraph (1), table 1, would have 
been classified in another category if the design value in the area 
were 5 percent greater or 5 percent less than the level on which 
such classification was based, the Administrator may, in the 
Administrator's discretion, within 90 days after the date of the 
enactment of the Clean Air Act Amendments of 1990 by the proce-
dure required under paragraph (2), adjust the classification of the 
area. In making such adjustment, the Administrator may consider 
the number of exceedances of the national primary ambient air 
quality standard for carbon monoxide in the area, the level of 
pollution transport between the area and the other affected areas, 
and the mix of sources and air pollutants in the area. The Adminis-
trator may make the same adjustment for purposes of paragraphs 
(2), (3), (6), and (7) of section 187(a). 
"(4) Upon application by any State, the Administrator may extend 
for 1 additional year (hereinafter in this subpart referred to as the 
'Extension Year) the date specified in table 1 of subsection (a) i
f
— 
"(A) the State has complied with all requirements and 
commitments pertaining to the area in the applicable im-
plementation plan, and 
"(B) no more than one exceedance of the national ambient air 
quality standard level for carbon monoxide has occurred in the 
area in the year preceding the Extension Year. 
No more than 2 one-year extensions may be issued under this 
paragraph for a single nonattainment area. 
"(b) NEW DESIGNATIONS AND RECLASSIFICATIONS.— 
"(1) NEW DESIGNATIONS TO NONATTAINMENT.—Any area that is 
designated attainment or unclassifiable for carbon monoxide 
under section 107(d)(4), and that is subsequently redesignated to 
nonattainment for carbon monoxide under section 107(d)(3), 
shall, at the time of the redesignation, be classified by operation 
of law in accordance with table 1 under subsections (a)(1) and 
(a)(4). Upon its classification, the area shall be subject to the 
same requirements under section 110, subpart 1 of this part, 
and this subpart that would have applied had the area been so 
classified at the time of the notice under subsection (a)(2), except 
that any absolute, fixed date applicable in connection with any 
such requirement is extended by operation of law by a period 
equal to the length of time between the date of the enactment of 
the Clean Air Act Amendments of 1990 and the date the area is 
classified. 
"(2) RECLASSIFICATION OF MODERATE AREAS UPON FAILURE TO 
ATTAIN.— 
"(A) GENERAL RULE.—Within 6 months following the ap-
plicable attainment date for a carbon monoxide nonattain-
ment area, the Administrator shall determine, based on the 
area's design value as of the attainment date, whether the 
area has attained the standard by that date. Any Moderate 
Area that the Administrator finds has not attained the 
standard by that date shall be reclassified by operation of 
law in accordance with table 1 of subsection (a)(1) as a 
Serious Area. 
"(B) PUBLICATION OF NOTICE.—The Administrator shall Federal 
publish a notice in the Federal Register, no later than 6 ^^sjster, 
months following the attainment date, identifying each Publication. 
104 STAT. 2454 
PUBLIC LAW 101-549—NOV. 15, 1990 
area that the Administrator has determined, 
under 
subparagraph (A), as having failed to attain and identifying 
the reclassification, if any, described under subparagraph 
(A). 
"(c) REFERENCES TO TERMS.—Any reference in this subpart to a 
'Moderate Area' or a 'Serious Area' shall be considered a reference 
to a Moderate Area or a Serious Area, respectively, as classified 
under this section. 
Inter- 
"SEC. 187. PLAN SUBMISSIONS AND REQUIREMENTS. 
relTtioM^" 
"(a) MODERATE AREAS.—Each State in which all or part of a 
42 use 7512a. 
Moderate Area is located shall, with respect to the Moderate Area 
(or portion thereof, to the extent specified in guidance of the 
Administrator issued before the date of the enactment of the Clean 
Air Act Amendments of 1990), submit to the Administrator the 
State implementation plan revisions (including the plan items) de-
scribed under this subsection, within such periods as are prescribed 
under this subsection, except to the extent the State has made such 
submissions as of such date of enactment: 
"(1) INVENTORY.—No later than 2 years from the date of the 
enactment of the Clean Air Act Amendments of 1990, the State 
shall submit a comprehensive, accurate, current inventory of 
actual emissions from all sources, as described in section 
172(cX3), in accordance with guidance provided by the Adminis-
trator. 
"(2XA) VEHICLE MILES TRAVELED.—No later than 2 years after 
the date of the enactment of the Clean Air Act Amendments of 
1990, for areas with a design value above 12.7 ppm at the time of 
classification, the plan revision shall contain a forecast of ve-
hicle miles traveled in the nonattainment area concerned for 
each year before the year in which the plan projects the na-
tional ambient air quality standard for carbon monoxide to be 
attained in the area. The forecast shall be based on guidance 
which shall be published by the Administrator, in consultation 
with the Secretary of Transportation, within 6 months after the 
date of the enactment of the Clean Air Act Amendments of 
Reports. 
1990. The plan revision shall provide for annual updates of the 
forecasts to be submitted to the Administrator together with 
annual reports regarding the extent to which such forecasts 
proved to be accurate. Such annual reports shall contain esti-
mates of actual vehicle miles traveled in each year for which a 
forecast was required. 
"(B) SPECIAL RULE FOR DENVER.—Within 2 years after the date 
of the enactment of the Clean Air Act Amendments of 1990, in 
the case of Denver, the State shall submit a revision that 
includes the transportation control measures as required in 
section 182(dXlXA) except that such revision shall be for the 
purpose of reducing CO emissions rather than volatile organic 
compound emissions. If the State fails to include any such 
measure, the implementation plan shall contain an explanation 
of why such measure wsis not adopted and what emissions 
reduction measure was adopted to provide a comparable reduc-
tion in emissions, or reasons why such reduction is not 
necessary to attain the national primary ambient air qual-
ity standard for carbon monoxide. 
"(3) CONTINGENCY PROVISIONS.—No later than 2 years after 
the date of the enactment of the Clean Air Act Amendments of 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2455 
1990, for areas with a design value above 12.7 ppm at the time of 
classification, the plan revision shall provide for the im-
plementation of specific measures to be undertaken if any 
estimate of vehicle miles traveled in the area which is submit-
ted in an annual report under paragraph (2) exceeds the 
number predicted in the most recent prior forecast or if the area 
fails to attain the national primary ambient air quality stand-
ard for carbon monoxide by the primary standard attainment 
date. Such measures shall be included in the plan revision as 
contingency measures to take effect without further action by 
the State or the Administrator if the prior forecast has been 
exceeded by an updated forecast or if the national standard is 
not attained by such deadline. 
"(4) SAVINGS CLAUSE FOR VEHICLE INSPECTION AND MAINTE-
NANCE PROVISIONS OF THE STATE IMPLEMENTATION PLAN.—Imme-
diately after the date of the enactment of the Clean Aii* Act 
Amendments of 1990, for any Moderate Area (or, within the 
Administrator's discretion, portion thereof), the plan for which 
is of the type described in section 182(aX2XB) any provisions 
necessary to ensure that the applicable implementation plan 
includes the vehicle inspection and maintenance program de-
scribed in section 182(aX2XB). 
"(5) PERIODIC INVENTORY.—No later than September 30, 1995, 
and no later than the end of each 3 year period thereafter, until 
the area is redesignated to attainment, a revised inventory 
meeting the requirements of subsection (aXl). 
"(6) ENHANCED VEHICLE INSPECTION AND MAINTENANCE.—No 
later than 2 years after the date of the enactment of the Clean 
Air Act Amendments of 1990 in the case of Moderate Areas 
with a design value greater than 12.7 ppm at the time of 
classification, a revision that includes provisions for an 
enhanced vehicle inspection and maintenance program as re-
quired in section 182(cX3) (concerning serious ozone nonattain-
ment areas), except that such program shall be for the purpose 
of reducing carbon 
monoxide 
rather 
than 
hydrocarbon 
emissions. 
"(7) ATTAINMENT DEMONSTRATION AND SPECIFIC ANNUAL EMIS-
SION REDUCTIONS.—In the case of Moderate Areas with a design 
value greater than 12.7 ppm at the time of classification, no 
later than 2 years after the date of the enactment of the Clean 
Air Act Amendments of 1990, a revision to provide, and a 
demonstration that the plan as revised will provide, for attain-
ment of the carbon monoxide NAAQS by the applicable attain-
ment date and provisions for such specific annual emission 
reductions as are necessary to attain the standard by that date. 
The Administrator may, in the Administrator's discretion, require 
States to submit a schedule for submitting any of the revisions or 
other items required under this subsection. In the case of Moderate 
Areas with a design value of 12.7 ppm or lower at the time of 
classification, the requirements of this subsection shall apply in lieu 
of any requirement that the State submit a demonstration that the 
applicable implementation plan provides for attainment of the 
carbon monoxide standard by the applicable attainment date. 
"(b) SERIOUS AREAS.— 
"(1) IN GENERAL.—Each State in which all or part of a Serious 
Area is located shall, with respect to the Serious Area, make the 
submissions (other than those required under subjection 
104 STAT. 2456 
PUBLIC LAW 101-549—NOV. 15, 1990 
(aXlXB)) applicable under subsection (a) to Moderate Areas with 
a design value of 12.7 ppm or greater at the time of classifica-
tion, and shall also submit the revision and other items de-
scribed under this subsection. 
"(2) VEHICLE MILES TRAVELED.—Within 2 years after the date 
of the enactment of the Clean Air Act Amendments of 1990 the 
State shall submit a revision that includes the transportation 
control measures as required in section 182(dXl) except that 
such revision shall be for the purpose of reducing CO emissions 
rather than volatile organic compound emissions. In the case of 
any such area (other than an area in New York State) which is 
a covered area (as defined in section 246(aX2XB)) for purposes of 
the Clean Fuel Fleet program under part C of title 11, if the 
State fails to include any such measure, the implementation 
plan shall contain an explanation of why such measure was not 
adopted and what emissions reduction measure was adopted to 
provide a comparable reduction in emissions, or reasons why 
such reduction is not necessary to attain the national primary 
ambient air quality standard for carbon monoxide. 
"(3) OXYGENATED GASOUNE.—(A) Within 2 years after the date 
of the enactment of the Clean Air Act Amendments of 1990, the 
State shall submit a revision to require that gasoline sold, 
supplied, offered for sale or supply, dispensed, transported or 
introduced into commerce in the larger of— 
"(i) the Consolidated Metropolitan Statistical Area (as 
defined by the United States Office of Management and 
Budget) (CMSA) in which the area is located, or 
"(ii) if the area is not located in a CMSA, the Metropoli-
tan Statistical Area (as defined by the United States Office 
of Management and Budget) in which the area is located, 
be blended, during the portion of the year in which the area is 
prone to high ambient concentrations of carbon monoxide (as 
determined by the Administrator), with fuels containing such 
level of oxygen as is necessary, in combination with other 
measures, to provide for attainment of the carbon monoxide 
nationsd ambient air quality standard by the applicable attaiin-
ment date and maintenance of the national ambient air quality 
standard thereafter in the area. The revision shall provide that 
such requirement shall take effect no later than October 1,1993, 
and shsdl include a program for implementation and enforce-
ment of the requirement consistent with guidance to be issued 
by the Administrator. 
"(B) Notwithstanding subparagraph (A), the revision de-
scribed in this paragraph shall not be required for an area if the 
State demonstrates to the satisfaction of the Administrator that 
the revision is not necessary to provide for attainment of the 
carbon monoxide national ambient air quality standard by the 
applicable attainment date and maintenance of the national 
ambient air quality st£indard thereafter in the area. 
"(c) AREAS WITH SIGNIFICANT STATIONARY SOURCE EMISSIONS OF 
C O -
"(1) SERIOUS AREAS.—In the case of Serious Areas in which 
stationary sources contribute significantly to carbon monoxide 
levels (as determined under rules issued by the Administrator), 
the State shall submit a plan revision within 2 years after the 
date of the enactment of the Clean Air Act Amendments of 
1990, which provides that the term 'major stationary source' 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2457 
includes (in addition to the sources described in section 302) any 
stationary source which emits, or has the potential to emit, 50 
tons per year or more of carbon monoxide. 
"(2) WAIVERS FOR CERTAIN AREAS.—The Administrator may, 
on a case-by-case basis, waive any requirements that pertain to 
transportation 
controls, 
inspection 
and 
maintenance, 
or 
oxygenated fuels where the Administrator determines by rule 
that mobile sources of carbon monoxide do not contribute 
significantly to carbon monoxide levels in the area. 
"(3) GUIDEUNES.—Within 6 months after the date of the 
enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall issue guidelines for and rules determining 
whether stationary sources contribute significantly to carbon 
monoxide levels in an area. 
'(d) CO MILESTONE.— 
"(1) MILESTONE DEMONSTRATION.—By March 31, 1996, each 
State in which all or part of a Serious Area is located shall 
submit to the Administrator a demonstration that the area has 
achieved a reduction in emissions of CO equivalent to the total 
of the specific annual emission reductions required by Decem-
ber 31, 1995. Such reductions shall be referred to in this subsec-
tion as the milestone. 
"(2) ADEQUACY OF DEMONSTRATION.—A demonstration under 
this paragraph shall be submitted in such form and manner, 
and shall contain such information and analysis, as the 
Administrator shall require. The Administrator shall determine 
whether or not a State's demonstration is adequate within 90 
days after the Administrator's receipt of a demonstration which 
contains the information and analysis required by the Adminis-
trator. 
"(3) FAILURE TO MEET EMISSION REDUCTION MILESTONE.—If a 
State fails to submit a demonstration under paragraph (1) 
within the required period, or if the Administrator notifies the 
State that the State has not met the milestone, the State shall, 
within 9 months after such a failure or notification, submit a 
plan revision to implement an economic incentive and transpor-
tation control program as described in section 182(g)(4). Such 
revision shall be sufficient to achieve the specific annual reduc-
tions in carbon monoxide emissions set forth in the plan by the 
attainment date. 
'(e) MULTI-STATE CO NONATTAINMENT AREAS.— 
"(1) COORDINATION AMONG STATES.—Each State in which there 
is located a portion of a single nonattainment area for carbon 
monoxide which covers more than one State ('multi-State non-
attainment area') shall take all reasonable steps to coordinate, 
substantively and procedurally, the revisions and implementa-
tion of State implementation plans applicable to the nonattain-
ment area concerned. The Administrator may not approve any 
revision of a State implementation plan submitted under this 
part for a State in which part of a multi-State nonattainment 
area is located if the plan revision for that State fails to comply 
with the requirements of this subsection. 
"(2) FAILURE TO DEMONSTRATE ATTAINMENT.—If any State in 
which there is located a portion of a multi-State nonattainment 
area fails to provide a demonstration of attainment of the 
national ambient air quality standard for carbon monoxide in 
that portion within the period required under this part the 
104 STAT. 2458 
PUBLIC LAW 101-549—NOV. 15, 1990 
State may petition the Administrator to make a finding that the 
State would have been able to make such demonstration but for 
the failure of one or more other States in which other portions 
of the area are located to commit to the implementation of all 
measures required under section 187 (relating to plan submis-
sions for carbon monoxide nonattainment areas). If the 
Administrator makes such finding, in the portion of the non-
attainment area within the State submitting such petition, no 
sanction shall be imposed under section 179 or under any other 
provision of this Act, by reason of the failure to make such 
demonstration. 
"(f) RECLASSIFIED AREAS.—Each State containing a carbon mon-
oxide nonattainment area reclassified under section 186(b)(2) shall 
meet the requirements of subsection (b) of this section, as may be 
applicable to the area as reclassified, according to the schedules 
prescribed in connection with such requirement, except that the 
Administrator may adjust any applicable deadlines (other than the 
attainment date) where such deadlines are shown to be infeasible. 
"(g) FAILURE OF SERIOUS AREA TO ATTAIN STANDARD.—If 
the 
Administrator determines under section 186(bX2) that the national 
primary ambient air quality standard for carbon monoxide has not 
been attained in a Serious Area by the applicable attainment date, 
the State shall submit a plan revision for the area within 9 months 
after the date of such determination. The plan revision shall provide 
that a program of incentives and requirements as described in 
section 182(gX4) shall be applicable in the area, and such program, 
in combination with other elements of the revised plsin, shall be 
adequate to reduce the total tonnage of emissions of carbon mon-
oxide in the area by at least 5 percent per year in each year after 
approval of the plan revision and before attainment of the national 
primary ambient air quality standard for carbon monoxide.". 
SEC. 105. ADDITIONAL PROVISIONS FOR PARTICULATE MATTER (PM-10) 
NONATTAINMENT AREAS. 
(a) PM-10 NONATTAINMENT AREAS.—Part D of title I of the Clean 
Air Act is amended by adding the following new subpart after 
subpart 3: 
''Subpart 4—Additional Provisions for Particulate 
Matter Nonattainment Areas 
"Sec. 188. Classifications and attainment dates. 
"Sec. 189. Plan provisions and schedules for plan submissions. 
"Sec. 190. Issuance of guidance. 
42 use 7513. 
"SEC. 188. CLASSIFICATIONS AND ATTAINMENT DATES. 
"(a) INITIAL CLASSIFICATIONS.—Every area designated nonattain-
ment for PM-10 pursuant to section 107(d) shall be classified at the 
time of such designation, by operation of law, as a moderate PM-10 
nonattainment area (also referred to in this subpart as a 'Moderate 
Area') at the time of such designation. At the time of publication of 
the notice under section 107(d)(4) (relating to area designations) for 
each PM-10 nonattainment area, the Administrator shall publish a 
notice announcing the classification of such area. The provisions of 
section 172(a)(1)(B) (relating to lack of notice-and-comment and ju-
dicial review) shall apply with respect to such classification. 
"(b) RECLASSIFICATION AS SERIOUS.— 
publication. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2459 
"(1) 
RECLASSIFICATION 
BEFORE 
ATTAINMENT 
DATE.—The 
Administrator may reclassify as a Serious PM-10 nonattain-
ment area (identified in this subpart also as a 'Serious Area') 
any area that the Administrator determines cannot practicably 
attain the national ambient air quality standard for PM-10 by 
the attainment date (as prescribed in subsection (c)) for Mod-
erate Areas. The Administrator shall reclassify appropriate 
areas as Serious by the following dates: 
"(A) For areas designated nonattainment for PM-10 
under section 107(dX4), the Administrator shall propose to 
reclassify appropriate areas by June 30,1991, and take final 
action by December 31,1991. 
"(B) For areas subsequently designated nonattainment, 
the Administrator shall reclassify appropriate areas within 
18 months after the required date for the State's submission 
of a SIP for the Moderate Area. 
"(2) RECLASSIFICATION UPON FAILURE TO ATTAIN.—Within 6 
months following the applicable attainment date for a PM-10 
nonattainment 
area, the Administrator 
shall 
determine 
whether the area attained the standard by that date. If the 
Administrator finds that any Moderate Area is not in attain-
ment after the applicable attainment date— 
"(A) the area shall be reclassified by operation of law as a 
Serious Area; and 
"(B) the Administrator shall publish a notice in the Fed- Federal 
eral Register no later than 6 months following the attain- |^,^^f*®f-^ 
ment date, identifjdng the area as having failed to attain 
and 
identifjdng 
the reclassification 
described 
under 
subparagraph (A). 
"(c) ATTAINMENT DATES.—Except as provided under subsection (d), 
the attainment dates for PM-10 nonattainment areas shall be as 
follows: 
"(1) MODERATE AREAS.—For a Moderate Area, the attainment 
date shall be as expeditiously as practicable but no later than 
the end of the sixth calendar year after the area's designation 
as nonattainment, except that, for areas designated nonattain-
ment for PM-10 under section 107(d)(4), the attainment date 
shall not extend beyond December 31,1994. 
"(2) SERIOUS AREAS.—For a Serious Area, the attainment date 
shall be as expeditiously as practicable but no later than the 
end of the tenth calendar year beginning after the area's des-
ignation as nonattainment, except that, for areas designated 
nonattainment for PM-10 under section 107(dX4), the date shall 
not extend beyond December 31, 2001. 
"(d) EXTENSION OF ATTAINMENT DATE FOR MODERATE AREAS.— 
Upon application by any State, the Administrator may extend for 1 
additional year (hereinafter referred to as the 'Extension Year') the 
date specified in paragraph (c)(1) if— 
"(1) the State has complied with all requirements and 
commitments pertaining to the area in the applicable im-
plementation plan; and 
"(2) no more than one exceedance of the 24-hour national 
ambient air quality standard level for PM-10 has occurred in 
the area in the year preceding the Extension Year, and the 
annual mean concentration of PM-10 in the area for such year 
is less than or equal to the standard level. 
104 STAT. 2460 
PUBLIC LAW 101-549—NOV. 15, 1990 
No more than 2 one-year extensions may be issued under the 
subsection for a single nonattainment area. 
"(e) EXTENSION OF ATTAINMENT DATE FOR SERIOUS AREAS.—Upon 
application by any State, the Administrator may extend the attain-
ment date for a Serious Area beyond the date specified under 
subsection (c), if attainment by the date established under subsec-
tion (c) would be impracticable, the State has complied with all 
requirements and commitments pertaining to that area in the im-
plementation plan, and the State demonstrates to the satisfaction of 
the Administrator that the plan for that area includes the most 
stringent mesisures that are included in the implementation plan of 
any State or are achieved in practice in any State, and can feasibly 
be implemented in the area. At the time of such application, the 
State must submit a revision to the implementation plan that 
includes a demonstration of attainment by the most expeditious 
alternative date practicable. In determining whether to grant an 
extension, and the appropriate length of time for any such exten-
sion, the Administrator may consider the nature and extent of 
nonattainment, the types and numbers of sources or other emitting 
activities in the area (including the influence of uncontrollable 
natural sources and transboundary emissions from foreign coun-
tries), the population exposed to concentrations in excess of the 
standard, the presence and concentration of potentially toxic sub-
stances in the mix of particulate emissions in the area, and the 
technological and economic feasibility of various control measures. 
The Administrator may not approve an extension until the State 
submits an attainment demonstration for the area. The Adminis-
trator may grant at most one such extension for an area, of no more 
than 5 years. 
"(f) WAIVERS FOR CERTAIN AREAS.—The Administrator may, on a 
case-by-case basis, waive any requirement applicable to any Serious 
Area under this subpart where the Administrator determines that 
smthropogenic sources of PM-10 do not contribute significantly to 
the violation of the PM-10 standard in the area. The Administrator 
may £ilso waive a specific date for attainment of the standard where 
the Administrator determines that nonanthropogenic sources of 
PM-10 contribute significantly to the violation of the PM-10 stand-
ard in the area. 
42 use 7513a. 
"SEC. 189. PLAN PROVISIONS AND SCHEDULES FOR PLAN SUBMISSIONS. 
"(a) MODERATE AREAS.— 
"(1) PLAN PROVISIONS.—Each State in which all or part of a 
Moderate Area is located shall submit, according to the ap-
plicable schedule under paragraph (2), an implementation plan 
that includes each of the following: 
"(A) For the purpose of meeting the requirements of 
section 172(c)(5), a permit program providing that permits 
meeting the requirements of section 173 are required for 
the construction and operation of new and modified major 
stationary sources of PM-10. 
"(B) Either (i) a demonstration (including air quality 
modeling) that the plan will provide for attainment by the 
applicable attainment date; or (ii) a demonstration that 
attainment by such date is impracticable. 
"(C) Provisions to assure that reasonably available con-
trol measures for the control of PM-10 shall be imple-
mented no later than December 10, 1993, or 4 years after 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2461 
designation in the case of an area classified as moderate 
after the date of the enactment of the Clean Air Act 
Amendments of 1990. 
"(2) SCHEDULE FOR PLAN SUBMISSIONS.—A State shall submit 
' 
the plsin required under subparagraph (1) no later than the 
following: 
"(A) Within 1 year of the date of the enactment of the 
Clean Air Act Amendments of 1990, for areas designated 
nonattainment under section 107(d)(4), except that the 
provision required under subparagraph (1)(A) shall be 
submitted no later than June 30,1992. 
"(B) 18 months after the designation as nonattainment, 
for those areas designated nonattainment after the designa-
tions prescribed under section 107(dX4). 
"(b) SERIOUS AREAS.— 
"(1) PLAN PROVISIONS.—In addition to the provisions submit-
ted to meet the requirements of paragraph (a)(1) (relating to 
Moderate Areas), each State in which all or part of a Serious 
Area is located shall submit an implementation plan for such 
area that includes each of the following: 
"(A) A demonstration (including air quality modeling)— 
"(i) that the plan provides for attainment of the 
PM-10 national ambient air quality standard by the 
applicable attainment date, or 
"(ii) for any area for which the State is seeking, 
pursuant to section 188(e), an extension of the attain-
ment date beyond the date set forth in section 188(c), 
that attainment by that date would be impracticable, 
and that the plan provides for attainment by the most 
expeditious alternative date practicable. 
"(B) Provisions to assure that the best available control 
measures for the control of PM-10 shall be implemented no 
later than 4 years after the date the area is classified (or 
reclassified) as a Serious Area. 
"(2) SCHEDULE FOR PLAN SUBMISSIONS.—A State shall submit 
the demonstration required for an area under paragraph (IXA) 
no later than 4 years after reclassification of the area to Seri-
ous, except that for areas recleissified under section 188(b)(2), the 
State shall submit the attainment demonstration within 18 
months after reclassification to Serious. A State shall submit 
the provisions described under paragraph (IXB) no later than 18 
months after reclassification of the area as a Serious Area. 
"(3) MAJOR SOURCES.—For any Serious Area, the terms 'major " 
source' and 'major stationary source' include any stationary 
source or group of stationary sources located within a contig-
uous area and under common control that emits, or has the 
potential to emit, at least 70 tons per year of PM-10. 
"(c) MILESTONES.—(1) Plan revisions demonstrating attainment 
submitted to the Administrator for approval under this subpart 
shall contain quantitative milestones which are to be achieved every 
3 years until the area is redesignated attainment and which dem-
onstrate reasonable further progress, as defined in section 171(1), 
toward attainment by the applicable date. 
"(2) Not later than 90 days after the date on which a milestone 
applicable to the area occurs, each State in which all or part of such 
area is located shall submit to the Administrator a demonstration 
that all measures in the plan approved under this section have been 
104 STAT. 2462 
PUBLIC LAW 101-549—NOV. 15, 1990 
implemented and that the milestone has been met. A demonstration 
under this subsection shall be submitted in such form and manner, 
and shall contain such information and analysis, as the Adminis-
trator shall require. The Administrator shall determine whether or 
not a State's demonstration under this subsection is adequate within 
90 days after the Administrator's receipt of a demonstration which 
contains the information and analysis required by the Adminis-
trator. 
"(3) If a State fails to submit a demonstration under paragraph (2) 
with respect to a milestone within the required period or if the 
Administrator determines that the area has not met any applicable 
milestone, the Administrator shall require the State, within 9 
months after such failure or determination to submit a plan revision 
that assures that the State will achieve the next milestone (or attain 
the national ambient air quality standard for PM-10, if there is no 
next milestone) by the applicable date. 
"(d) FAILURE TO ATTAIN.—In the case of a Serious PM-10 non-
attainment area in which the PM-10 standard is not attained by the 
applicable attainment date, the State in which such area is located 
shall, after notice and opportunity for public comment, submit 
within 12 months after the applicable attainment date, plan revi-
sions which provide for attainment of the PM-10 air quality stand-
ard and, from the date of such submission until attainment, for an 
annual reduction in PM-10 or PM-10 precursor emissions within 
the area of not less than 5 percent of the amount of such emissions 
as reported in the most recent inventory prepared for such area. 
"(e) PM-10 PRECURSORS.—The control requirements applicable 
under plans in effect under this part for major stationary sources of 
PM-10 shall also apply to major stationary sources of PM-10 precur-
sors, except where the Administrator determines that such sources 
do not contribute significantly to PM-10 levels which exceed the 
standard in the area. The Administrator shall issue guidelines 
regarding the application of the preceding sentence. 
42 use 7513b. 
"SEC. 190. ISSUANCE OF RACM AND BACM GUIDANCE. 
"The Administrator shall issue, in the same manner and accord-
ing to the same procedure £is guidance is issued under section 108(c), 
technical guidance on reasonably available control measures and 
best available control measures for urban fugitive dust, and emis-
sions from residential wood combustion (including curtailments and 
exemptions from such curtailments) and prescribed silvicultural and 
agricultural burning, no later than 18 months following the date of 
the enactment of the Clean Air Act Amendments of 1990. The 
Administrator shall also examine other categories of sources 
contributing to nonattainment of the PM-10 standard, and deter-
mine whether additional guidance on reasonably available control 
measures and best available control measures is needed, and issue 
any such guidsmce no later than 3 years after the date of the 
enactment of the Clean Air Act Amendments of 1990. In issuing 
guidelines and making determinations under this section, the 
Administrator (in consultation with the State) shall take into ac-
count emission reductions achieved, or expected to be achieved, 
under title IV and other provisions of this Act.". 
(b) PM-10 INCREMENTS IN PSD AREAS.—Section 166 of the Clean 
Air Act (42 U.S.C. 7476) is amended by adding the following new 
subsection at the end: 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2463 
"(f) PM-10 INCREMENTS.—The Administrator is authorized to sub-
stitute, for the maximum allowable increases in particulate matter 
specified in section 163(b) and section 165(d)(2)(C)(iv), maximum 
allowable increases in particulate matter with an aerodynamic 
diameter smaller than or equal to 10 micrometers. Such substituted 
maximum allowable increases shall be of equal stringency in effect 
as those specified in the provisions for which they are substituted. 
Until the Administrator promulgates regulations under the author-
ity of this subsection, the current msiximum allowable increases in 
concentrations of particulate matter shall remain in effect.". 
SEC. 106. ADDITIONAL PROVISIONS FOR AREAS DESIGNATED NON-
ATTAINMENT FOR SULFUR OXIDES, NITROGEN DIOXIDE, AND 
LEAD. 
Part D of title I of the Clean Air Act is amended by adding a new 
subpart after subpart 4 as follows: 
"Subpart 5—Additional Provisions for Areas Designat-
ed Nonattainment for Sulfur Oxides, Nitrogen Diox-
ide, or Lead 
"Sec. 191. Plan submission deadlines. 
"Sec. 192. Attainment dates. 
"SEC. 191. PLAN SUBMISSION DEADLINES. 
"(a) SUBMISSION.—Any State containing an area designated or 
redesignated under section 107(d) as nonattainment with respect to 
the national primary ambient air quality standards for sulfur 
oxides, nitrogen dioxide, or lead subsequent to the date of the 
enactment of the Clean Air Act Amendments of 1990 shall submit to 
the Administrator, within 18 months of the designation, an ap-
plicable implementation plan meeting the requirements of this part. 
"(b) STATES LACKING FULLY APPROVED STATE IMPLEMENTATION 
PLANS.—Any State containing an area designated nonattainment 
with respect to national primary ambient air quality standards for 
sulfur oxides or nitrogen dioxide under section 107(d)(lXCXi), but 
lacking a fully approved implementation plan complying with the 
requirements of this Act (including part D) as in effect immediately 
before the date of the enactment of the Clean Air Act Amendments 
of 1990, shall submit to the Administrator, within 18 months of the 
date of the enactment of the Clean Air Act Amendments of 1990, an 
implementation plan meeting the requirements of subpart 1 (except 
as otherwise prescribed by section 192). 
"SEC. 192. ATTAINMENT DATES. 
"(a) PLANS UNDER SECTION 191(a).—Implementation plans re-
quired under section 191(a) shall provide for attainment of the 
relevant primary standard as expeditiously as practicable but no 
later than 5 years from the date of the nonattainment designation. 
"(b) PLANS UNDER SECTION 191(b).—Implementation plans re-
quired under section 191(b) shall provide for attainment of the 
relevant primary national ambient air quality stamdard within 5 
years after the date of the enactment of the Clean Air Act Amend-
ments of 1990. 
"(c) INADEQUATE PLANS.—Implementation plans for nonattain-
ment areas for sulfur oxides or nitrogen dioxide with plans that 
were approved by the Administrator before the date of the enact-
Inter-
governmental 
relations. 
42 use 7514. 
42 use 7514a. 
104 STAT. 2464 
PUBLIC LAW 101-549—NOV. 15, 1990 
Inventions and 
patents. 
Rights-of-way. 
Regulations. 
ment of the Clean Air Act Amendments of 1990 but, subsequent to 
such approval, were found by the Administrator to be substantially 
inadequate, shall provide for attainment of the relevant primary 
standard within 5 years from the date of such finding.". 
SEC. 107. PROVISIONS RELATED TO INDIAN TRIBES. 
(a) DEFINITION OF AIR POLLUTION CONTROL AGENCY.—Section 
302(b) of the Clean Air Act (42 U.S.C. 7602(b)) is amended by— 
(1) deleting "or" at the end of paragraph (3); 
(2) striking the semicolons at the end of paragraphs (1), (2), 
and (3) and inserting periods at the end of each such paragraph; 
and 
(3) adding the following new paragraph after paragraph (4): 
"(5) An agency of an Indian tribe.". 
(b) DEFINITION OF INDIAN TRIBE.—Section 302 of the Clean Air Act 
(42 U.S.C. 7602) is amended by adding new subsection (r) to read as 
follows: 
"(r) INDIAN TRIBE.—The term 'Indian tribe' means any Indian 
tribe, band, nation, or other organized group or community, includ-
ing any Alaska Native village, which is Federally recognized as 
eligible for the special programs and services provided by the United 
States to Indians because of their status as Indians.". 
(c) SIPS.—Section 110 of the Clean Air Act (42 U.S.C. 7410) is 
amended by adding the following new subsection after subsection 
(n): 
"(o) INDIAN TRIBES.—If an Indian tribe submits an implementa-
tion plan to the Administrator pursuant to section 301(d), the plan 
shall be reviewed in accordance with the provisions for review set 
forth in this section for State plans, except as otherwise provided by 
regulation promulgated pursuant to section 301(dX2). When such 
plan becomes effective in accordance with the regulations promul-
gated under section 301(d), the plan shall become applicable to all 
areas (except as expressly provided otherwise in the plan) located 
within the exterior boundaries of the reservation, notwithstanding 
the issuance of any patent and including rights-of-way running 
through the reservation.". 
(d) TRIBAL AUTHORITY.—Section 301 of the Clean Air Act (42 
U.S.C. 7601) is amended by adding at the end thereof the following 
new subsection: 
"(d) TRIBAL AUTHORITY.—(1) Subject to the provisions of para-
graph (2), the Administrator— 
"(A) is authorized to treat Indian tribes as States under this 
Act, except for purposes of the requirement that makes avail-
able for application by each State no less than one-half of 1 
percent of annual appropriations under section 105; and 
"(B) may provide any such Indian tribe grant and contract 
assistance to carry out functions provided by this Act. 
"(2) The Administrator shall promulgate regulations within 18 
months after the date of the enactment of the Clean Air Act 
Amendments of 1990, specifying those provisions of this Act for 
which it is appropriate to treat Indian tribes as States. Such treat-
ment shall be authorized only if— 
"(A) the Indian tribe has a governing body carrying out 
substantial governmental duties and powers; 
"(B) the functions to be exercised by the Indian tribe pertain 
to the management and protection of air resources within the 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2465 
exterior boundaries of the reservation or other areas within the 
tribe's jurisdiction; and 
"(C) the Indian tribe is reasonably expected to be capable, in 
the judgment of the Administrator, of carrying out the func-
tions to be exercised in a manner consistent with the terms and 
purposes of this Act and all applicable regulations. 
"(3) The Administrator may promulgate regulations which estab-
lish the elements of tribal implementation plans and procedures for 
approval or disapproval of tribal implementation plans and portions 
thereof. 
"(4) In any case in which the Administrator determines that the 
treatment of Indian tribes as identical to States is inappropriate or 
administratively infeasible, the Administrator may provide, by regu-
lation, other means by which the Administrator will directly admin-
ister such provisions so as to achieve the appropriate purpose. 
"(5) Until such time as the Administrator promulgates regulations 
pursuant to this subsection, the Administrator may continue to 
provide financial assistance to eligible Indian tribes under section 
105.". 
SEC. 108. MISCELLANEOUS GUIDANCE. 
(a) TRANSPORTATION PLANNING GUIDANCE.—Section 108(e) of the 
Clean Air Act is amended by deleting the first sentence and insert- 42 use 7408. 
ing in lieu thereof the following: "The Administrator shall, after 
consultation with the Secretary of Transportation, and after provid-
ing public notice and opportunity for comment, and with State and 
local officials, within nine months after enactment of the Clean Air 
Act Amendments of 1989 and periodically thereafter as necessary to 
maintain a continuous transportation-air quality planning process, 
update the June 1978 Transportation-Air Quality Planning Guide-
lines and publish guidance on the development and implementation 
of transportation and other measures necessary to demonstrate and 
maintain attainment of national £imbient air quality standards.". 
(b) TRANSPORTATION CONTROL MEASURES.—Section 108(fKl) of the 
Clean Air Act is amended by deleting all after "(f)" through the end 
of subparagraph (A) and inserting in lieu thereof the following: 
"(1) The Administrator shall publish and make available to appro- Public 
priate Federal, State, and local environmental and transportation 
information. 
agencies not later than one year after enactment of the Clean Air 
Act Amendments of 1990, and from time to time thereafter— 
"(A) information prepared, as appropriate, in consultation 
with the Secretary of Transportation, and after providing public 
notice and opportunity for comment, regarding the formulation 
and emission reduction potential of transportation control 
measures related to criteria pollutants and their precursors, 
including, but not limited to— 
"(i) programs for improved public transit; 
"(ii) restriction of certain roads or lanes to, or construc-
tion of such roads or lanes for use by, passenger buses or 
high occupancy vehicles; 
"(iii) employer-based transportation management plans, 
including incentives; 
"(iv) trip-reduction ordinances; 
"(v) traffic flow improvement programs that achieve 
emission reductions; 
104 STAT. 2466 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(vi) fringe and transportation corridor parking facilities 
serving multiple occupancy vehicle programs or transit 
service; 
"(vii) programs to limit or restrict vehicle use in down-
town areas or other areas of emission concentration 
particularly during periods of peak use; 
"(viii) programs for the provision of all forms of high-
occupancy, shared-ride services; 
"(ix) programs to limit portions of road surfaces or cer-
tain sections of the metropolitan area to the use of non-
motorized vehicles or pedestrian use, both as to time and 
place; 
"(x) programs for secure bicycle storage facilities and 
other facilities, including bicycle lanes, for the convenience 
and protection of bicyclists, in both public and private 
areas; 
"(xi) programs to control extended idling of vehicles; 
"(xii) programs to reduce motor vehicle emissions, 
consistent with title II, which are caused by extreme cold 
start conditions; 
"(xiii) employer-sponsored programs to permit flexible 
work schedules; 
"(xiv) programs and ordinances to facilitate non-auto-
mobile travel, provision and utilization of mass transit, and 
to generally reduce the need for single-occupant vehicle 
travel, as part of transportation planning and development 
efforts of a locality, including programs and ordinances 
applicable to new shopping centers, special events, and 
other centers of vehicle activity; 
"(xv) programs for new construction and major re-
constructions of paths, tracks or areas solely for the use by 
pedestrian or other non-motorized means of transportation 
when economically feasible and in the public interest. For 
purposes of this clause, the Administrator shall also consult 
with the Secretary of the Interior; and 
"(xvi) program to encourage the voluntary removal from 
use and the marketplace of pre-1980 model year light duty 
vehicles and pre-1980 model light duty trucks.". 
(c) RACT/BACT/LAER 
CLEARINGHOUSE.—Section 108 of the 
Clean Air Act (42 U.S.C. 7408) is amended by adding the following at 
the end thereof 
: 
"(h) RACT/BACT/LAER 
CLEARINGHOUSE.—The Administrator 
shall make information regarding emission control technology avail-
able to the States and to the general public through a central 
database. Such information shall include all control technology 
information received pursuant to State plan provisions requiring 
permits for sources, including operating permits for existing 
sources.". 
(d) STATE REPORTS ON EMISSIONS-RELATED DATA.—Section 110 of 
the Clean Air Act (42 U.S.C. 7410) is amended by adding the 
following new subsection after subsection (o): 
"(p) REPORTS.—Any State shall submit, according to such schedule 
as the Administrator may prescribe, such reports as the Adminis-
trator may require relating to emission reductions, vehicle miles 
traveled, congestion levels, £uid any other information the Adminis-
trator may deem necessary to assess the development effectiveness. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2467 
need for revision, or implementation of any plan or plan revision 
required under this Act.", 
(e) NEW SOURCE STANDARDS OF PERFORMANCE.—(1) 
Section 
llKbXlXB) of the Clean Air Act (42 U.S.C. 7411(bXlXB)) is amended 
as follows: 
(A) Strike "120 days" and insert "one year". 
(B) Strike "90 days" and insert "one year". 
(C) Strike "four years" £ind insert "8 years". 
(D) Immediately before the sentence beginning "Standards of 
performance or revisions thereof insert "Notwithstanding the 
requirements of the previous sentence, the Administrator need 
not review any such standard if the Administrator determines 
that such review is not appropriate in light of readily available 
information on the efficacy of such standard.". 
(E) Add the following at the end: "When implementation and 
enforcement of any requirement of this Act indicate that emis-
sion limitations and percent reductions beyond those required 
by the standards promulgated under this section are achieved in 
practice, the Administrator shall, when revising standards 
promulgated under this section, consider the emission limita-
tions and percent reductions achieved in practice.". 
(2) Section lll(fXl) of the Clean Air Act (42 U.S.C. 7411(fKl)) is 
amended to read as follows: 
"(1) For those categories of major stationary sources that the Regulations. 
Administrator listed under subsection (bXlXA) before the date of the 
enactment of the Clean Air Act Amendments of 1990 and for which 
regulations had not been proposed by the Administrator by such 
date, the Administrator shall— 
"(A) propose regulations establishing standards of perform-
ance for at least 25 percent of such categories of sources within 
2 years after the date of the enactment of the Clean Air Act 
Amendments of 1990; 
"(B) propose regulations establishing standards of perform-
ance for at least 50 percent of such categories of sources within 
4 years after the date of the enactment of the Clean Air Act 
Amendments of 1990; and 
"(C) propose regulations for the remaining categories of 
sources within 6 years after the date of the enactment of the 
Clean Air Act Amendments of 1990.". 
(f) SAVINGS CLAUSE.—Section lll(aX3) of the Clean Air Act (42 
U.S.C. 7411(fKl)) is amended by adding at the end: "Nothing in title 
II of this Act relating to nonroad engines shall be construed to apply 
to stationary internal combustion engines.". 
(g) REGULATION OF EXISTING SOURCES.—Section lll(dXlXAXi) of 
the Clean Air Act (42 U.S.C. 7411(dXlXAXi)) is amended by striking 
"or 112(bXlXA)" and inserting "or emitted from a source category 
which is regulated under section 112". 
(h) CONSULTATION.—The penultimate sentence of section 121 of 
the Clean Air Act (42 U.S.C. 7421) is amended to read as follows: 
"The Administrator shall update as necessary the original regula- Regulations. 
tions required and promulgated under this section (as in effect 
immediately before the date of the enactment of the Clean Air Act 
Amendments of 1990) to ensure adequate consultation.", 
(i) DELEGATION,—The second sentence of section 301(aXl) of the 
Clean Air Act (42 U,S.C, 7601(aXl)) is amended by inserting "subject 
to section 307(d)" immediately following "regulations". 
104 STAT. 2468 
PUBLIC LAW 101-549—NOV. 15, 1990 
(j) DEFINITIONS.—Section 302 of the Clean Air Act (42 U.S.C. 7602) 
is amended as follows: 
(1) Insert the following new subsections after subsection (r): 
"(s) VOC.—The term 'VOC' means volatile organic compound, as 
defined by the Administrator. 
"(t) PM-10.—The term 'PM-10' me£ins particulate matter with an 
aerod3niamic diameter less than or equal to a nominal ten microm-
eters, as measured by such method as the Administrator may 
determine. 
"(u) NAAQS AND CTG.—The term 'NAAQS' means national am-
bient air quality standard. The term 'CTG' means a Control Tech-
nique Guideline published by the Administrator under section 108. 
"(v) NOx-—The term 'NO,' means oxides of nitrogen. 
"(w) CO.—The term 'CO' means carbon monoxide. 
"(x) SMALL SOURCE.—The term 'small source' means a source that 
emits less than 100 tons of regulated pollutants per year, or any 
class of persons that the Administrator determines, through regula-
tion, generally lack technical ability or knowledge regarding control 
of air pollution. 
"(y) FEDERAL IMPLEMENTATION PLAN.—The term 'Federal im-
plementation plan' means a plan (or portion thereof) promulgated 
by the Administrator to fill all or a portion of a gap or otherwise 
correct all or a portion of an inadequacy in a State implementation 
plan, and which includes enforceable emission limitations or other 
control measures, means or techniques (including economic incen-
tives, such as marketable permits or auctions of emissions allow-
ances), and provides for attainment of the relevant national ambient 
air quality standard.". 
(2) Section 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is 
amended by adding the following at the end: "Such term includes 
any precursors to the formation of any air pollutant, to the extent 
the Administrator has identified such precursor or precursors for 
the particular purpose for which the term 'air pollutant' is used.". 
(k) POLLUTION PREVENTION.—Section 101 of the Clean Air Act (42 
U.S.C. 7401) is amended as follows: 
(1) Amend subsection (aX3) to read as follows: 
"(3) that air pollution prevention (that is, the reduction or 
elimination, through any measures, of the amount of pollutants 
produced or created at the source) and air pollution control at 
its source is the primary responsibility of States and local 
governments; and". 
(2) Amend subsection (bX4) by inserting "prevention and" 
immediately after "pollution". 
(3) Add a new subsection (c) to read as follows: 
"(c) POLLUTION PREVENTION.—A primary goal of this Act is to 
encourage or otherwise promote reasonable Federal, State, and local 
governmental actions, consistent with the provisions of this Act, for 
pollution prevention.". 
(1) Part D of title I of the Clean Air Act is amended by adding a 
new subpart after subpart 5 as follows: 
"Subparts—Savings Provisions 
"Sec. 193. General savings clause. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2469 
•SEC. 193. GENERAL SAVINGS CLAUSE. 
42 use 7515. 
"Each regulation, standard, rule, notice, order and guidance 
promulgated or issued by the Administrator under this Act, as in 
effect before the date of the enactment of the Clean Air Act Amend-
ments of 1990 shall remain in effect according to its terms, except to 
the extent otherwise provided under this Act, inconsistent with any 
provision of this Act, or revised by the Administrator. No control 
requirement in effect, or required to be adopted by an order, settle-
ment agreement, or plan in effect before the date of the enactment 
of the Clean Air Act Amendments of 1990 in any area which is a 
nonattainment area for any air pollutant may be modified after 
such enactment in any manner unless the modification insures 
equivalent or greater emission reductions of such air pollutant.". 
(m) BOUNDARY CHANGES.—Section 162(a) of the Clean Air Act (42 
U.S.C. 7472(a)) is amended by adding at the end thereof the follow-
ing: "The extent of the areas designated as Class I under this section 
shall conform to any changes in the boundaries of such areas which 
have occurred subsequent to the date of the enactment of the Clean 
Air Act Amendments of 1977, or which may occur subsequent to the 
date of the enactment of the Clean Air Act Amendments of 1990.". 
(n) BOUNDARIES.—Section 164(a) of the Clean Air Act (42 U.S.C. 
7474(a)) is amended by inserting immediately before the sentence 
beginning "Any area (other than an area referred to in paragraph 
(1) or (2))" the following: "The extent of the areas referred to in 
paragraph (1) and (2) shall conform to any changes in the boundaries 
of such areas which have occurred subsequent to the date of the 
enactment of the Clean Air Act Amendments of 1977, or which may 
occur subsequent to the date of the enactment of the Clean Air Act 
Amendments of 1990.". 
(o) ASSESSMENTS.—Section 108 of the Clean Air Act (42 U.S.C. 
7408) is amended by adding at the end thereof a new subsection (g) 
to read as follows: 
"(g) ASSESSMENT OF RISKS TO ECOSYSTEMS.—The Administrator 
may assess the risks to ecosystems from exposure to criteria air 
pollutants (as identified by the Administrator in the Administrator's 
sole discretion).". 
(p) PuBuc PARTICIPATION.—Section 307 of the Clean Air Act (42 
U.S.C. 7607) is amended by adding the following after subsection (g): 
"(h) PuBuc PARTICIPATION.—It is the intent of Congress that. Regulations, 
consistent with the policy of the Administrative Procedures Act, the 
j-
Administrator in promulgating any regulation under this Act, 
including a regulation subject to a deadline, shall ensure a reason-
able period for public participation of at least 30 days, except as 
otherwise expressly provided in section 107(d), 172(a), 181(a) and (b), 
and 186(a) and (b).'\ 
(q) ETHICS, FINANCIAL DISCLOSURE, AND CONFLICTS OF INTEREST.— Repeal. 
Section 318 of the Clean Air Act (42 U.S.C. 7618) is repealed.". 
SEC. 109. INTERSTATE POLLUTION. 
(a) AMENDMENTS TO SECTION 126.—Section 126 of the Clean Air 
Act (42 U.S.C. 7426) is amended as follows: 
(1) In subsection (b)— 
(A) in the first sentence, following "major source", insert 
"or group of stationary sources"; and 
(B) strike "110(aX2XEXi)" and insert in lieu thereof 
"110(aX2)(D)(ii) or this section". 
(2) In subsection (c)— 
104 STAT. 2470 
PUBLIC LAW 101-549—NOV. 15, 1990 
Regulations. 
Regulations. 
42 use 7408. 
(A) in the first sentence, following the words "violation 
of, insert "this section and"; and 
(B) strike "110(aX2XEXi)" wherever it appears and insert 
in lieu thereof "110(aX2XDXii) or this section". 
(b) AMENDMENT TO SECTION 302.—Section 302(h) of the Clean Air 
Act (42 U.S.C. 7602(h)) is amended by inserting before the period ", 
whether caused by transformation, conversion, or combination with 
other air pollutants". 
SEC. 110. CONFORMING AMENDMENTS. 
The Clean Air Act is amended as follows— 
(1) Strike, in section 161 (42 U.S.C. 7471), "identified pursuant 
to section 107(dXlXD) or (E)" and insert "designated pursuant to 
section 107 as attainment or unclassifiable". 
(2) Strike, in section 162(b) (42 U.S.C. 7472(b)), "identified 
pursuant to section 107(dXl)(D) or (E)" and insert "designated 
pursuant to section 107(d) as attainment or unclassifiable"; 
(3) Strike, in section 167 (42 U.S.C. 7477), the reference to 
"included in the list promulgated pursuant to paragraph (IXD) 
or (E) of subsection (d) of section 107 of this Act" and insert 
"designated pursuant to section 107(d) as attainment or 
unclassifiable''. 
(4) Strike subsections (a) and (b) of section 176 (42 U.S.C. 7506). 
(5) Amend section 307(dXl) (42 U.S.C. 7607(dXl)) as follows: 
(A) Subparagraph (C) is amended to read as follows: 
"(C) the promulgation or revision of any standard of perform-
ance under section 111, or emission standard or limitation 
under section 112(d), any standard under section 112(f), or any 
regulation under section 112(gXlXD) and (F), or any regulation 
under section 112(m) or (n),". 
(B) Subparagraph (F) is amended to read as follows: 
"(F) the promulgation or revision of any regulation under 
title rV (relating to control of acid deposition),". 
(C) Delete "and" at the end of subparagraph (M), redesig-
nate subparagraph (N) as subparagraph (U), and add the 
following new subparagraphs after subparagraph (M): 
"(N) the promulgation or revision of any regulation pertain-
ing to consumer and commercial products under section 183(e), 
"(O) the promulgation or revision of any regulation pertain-
ing to field citations under section 113(dX3), 
"(P) the promulgation or revision of any regulation pertaining 
to urban buses or the clean-fuel vehicle, clean-fuel fleet, and 
clean fuel programs under part C of title II, 
"(Q) the promulgation or revision of any regulation pertain-
ing to nonroad engines or nonroad vehicles under section 213, 
"(R) the promulgation or revision of any regulation relating to 
motor vehicle compliance program fees under section 217, 
"(S) the promulgation or revision of any regulation under title 
IV (relating to acid deposition), 
"(T) the promulgation or revision of any regulation under 
section 183(f) pertaining to marine vessels, and". 
SEC. 
1
1
1
. 
TRANSPORTATION 
SYSTEM 
IMPACTS 
ON 
CLEAN 
AIR 
Section 108(f) of the Clean Air Act is amended by adding at the 
end thereof the following new paragraphs: 
-
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2471 
"(3) The Secretary of Transportation and the Administrator shall Reports, 
submit to Congress by January 1, 1993, and every 3 years thereafter 
a report that— 
"(A) reviews and analyzes existing State and local air quality-
related transportation programs, including specifically any 
analyses of whether adequate funding is available to complete 
transportation projects identified in State implementation plans 
in the time required by applicable State implementation plans 
and any Federal efforts to promote those programs; 
"(B) evaluates the extent to which the Department of 
Transportation's existing air quality-related transportation pro-
grams and such Department's proposed budget will achieve the 
goals of and compliance with this Act; and 
"(C) recommends what, if any, changes to such existing pro-
grams and proposed budget as well as any statutory authority 
relating to air quality-related transportation programs that 
would improve the achievement of the goals of and compliance 
with the Clean Air Act. 
"(4) In each report to Congress after the first report required 
under paragraph (3), the Secretary of Transportation shall include a 
description of the actions taken to implement the changes rec-
ommended in the preceding report. 
TITLE II—PROVISIONS RELATING TO 
MOBILE SOURCES 
TABLE OF CONTENTS 
TITLE II—PROVISIONS RELATING TO MOBILE SOURCES 
, 
PART A—AMENDMENTS TO TITLE II OF CLEAN AIR ACT 
Sec. 201. Heavy-duty trucks. 
Sec. 202. Control of vehicle refueling emissions. 
Sec. 203. Emission standards for conventional motor vehicles. 
Sec. 204. Carbon monoxide emissions at cold temperatures. 
Sec. 205. Evaporative emissions. 
Sec. 206. Mobile source-related air toxics. 
Sec. 207. Emission control diagnostics systems. 
Sec. 208. Motor vehicle testing and certification. 
Sec. 209. Auto warranties. 
Sec. 210. In-use compliance—recall. 
Sec. 211. Information collection. 
Sec. 212. Nonroad fuels. 
Sec. 213. State fuel regulation. 
Sec. 214. Fuel waivers. 
Sec. 215. Misfueling. 
Sec. 216. Fuel volatility. 
Sec. 217. Diesel fuel sulfur content. 
Sec. 218. Lead substitute gasoline additives. 
Sec. 219. Reformulated gasoline and oxygenated gasoline. 
Sec. 220. Lead phasedown. 
Sec. 221. Fuel and fuel additive importers. 
Sec. 222. Nonroad engines and vehicles. 
Sec. 223. New title II definitions. 
Sec. 224. High altitude testing. 
Sec. 225. Compliance progr£un fees. 
Sec. 226. Prohibition on production of engines requiring leaded gasoline. 
Sec. 227. Urban buses. 
Sec. 228. Enforcement. 
Sec. 229. Clean-fuel vehicles. 
Sec. 230. Technical amendments. 
104 STAT. 2472 
PUBLIC LAW 101-549—NOV. 15, 1990 
PART B—OTHER PROVISIONS 
Sec. 231. Ethanol substitute for diesel. 
Sec. 232. Adoption by other States of California standards. 
Sec. 233. States authority to regulate. 
Sec. 234. Fugitive dust. 
Sec. 235. Federed compliance. 
PART A—AMENDMENTS TO TITLE II OF CLEAN 
AIR ACT 
SEC. 201. HEAVY-DUTY TRUCKS. 
Section 202(aX3) of the Clean Air Act (42 U.S.C. 7521(aX3)) is 
amended as follows: 
(1) Strike subparagraphs (A), (B), (C), (D), and (E) and insert 
the following: 
Regulations. 
"(A) IN GENERAL.—(i) Unless the standard is changed as 
provided in subparagraph (B), regulations under paragraph (1) 
of this subsection applicable to emissions of hydrocarbons, 
carbon monoxide, oxides of nitrogen, and particulate matter 
from classes or categories of heavy-duty vehicles or engines 
manufactured during or after model year 1983 shall contain 
standards which reflect the greatest degree of emission reduc-
tion achievable through the application of technology which the 
Administrator determines will be available for the model year 
to which such standards apply, giving appropriate consideration 
to cost, energy, and safety factors £issociated with the applica-
tion of such technology. 
"(ii) In establishing classes or categories of vehicles or engines 
for purposes of regulations under this paragraph, the Adminis-
trator may base such classes or categories on gross vehicle 
weight, horsepower, type of fuel used, or other appropriate 
factors. 
"(B) REVISED STANDARDS FOR HEAVY DUTY TRUCKS.—(i) On the 
basis of information available to the Administrator concerning 
the effects of air pollutants emitted from heavy-duty vehicles or 
engines and from other sources of mobile source related pollut-
ants on the public health and welfare, and taking costs into 
account, the Administrator may promulgate regulations under 
paragraph (1) of this subsection revising any standard promul-
gated under, or before the date of, the enactment of the Clean 
Air Act Amendments of 1990 (or previously revised under this 
subparagraph) and applicable to classes or categories of heavy-
duty vehicles or engines. 
"(ii) Effective for the model year 1998 and thereafter, the 
regulations under paragraph (1) of this subsection applicable to 
emissions of oxides of nitrogen (NOJ from gasoline and diesel-
fueled heavy duty trucks shall contain standards which provide 
that such emissions may not exceed 4.0 grams per brake horse-
power hour (gbh). 
"(C) LEAD TIME AND STABIUTY.—Any standard promulgated or 
revised under this paragraph and applicable to classes or cat-
egories of heavy-duty vehicles or engines shall apply for a 
period of no less than 3 model years beginning no earlier than 
the model year commencing 4 years after such revised standard 
is promulgated. 
"(D) REBUILDING PRACTICES.—The Administrator shall study 
the practice of rebuilding heavy-duty engines and the impact 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2473 
rebuilding has on engine emissions. On the basis of that study 
and other information available to the Administrator, the 
Administrator may prescribe requirements to control rebuilding 
practices, including standards applicable to emissions from any 
rebuilt heavy-duty engines (whether or not the engine is past ite 
statutory useful life), which in the Administrator's judgment 
cause, or contribute to, air pollution which may reasonably be 
anticipated to endanger public health or welfare taking costs 
into account. Any regulation shall take effect after a period the Effective date. 
Administrator finds necessary to permit the development and 
application of the requisite control measures, giving appropriate 
consideration to the cost of compliance withm the period and 
energy and safety factors.". 
(2) Redesignate subparagraph (F) as subparagraph (E) and 
insert "MOTORCYCLES.—" before "For purposes of this para-
graph". 
SEC. 202. CONTROL OF VEHICLE REFUELING EMISSIONS. 
Section 202(aX6) of the Clean Air Act (42 U.S.C. 7521(aX6)) is 
amended to read as follows: 
"(6) ONBOARD VAPOR RECOVERY.—Within 1 year after the date 
of the enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall, after consultation with the Secretary of 
Trsmsportation regarding the safety of vehicle-based ('onboard') 
systems for the control of vehicle refueling emissions, promul-
gate standards under this section requiring that new light-duty 
vehicles manufactured beginning in the fourth model year after 
the model year in which the standards are promulgated and 
thereafter shall be equipped with such systems. The standards 
required under this paragraph shall apply to a percentage of 
each manufacturer's fleet of new light-duty vehicles beginning 
with the fourth model year after the model year in which the 
standards are promulgated. The percentage shall be as specified 
in the following table: 
"IMPLEMENTATION SCHEDULE FOR ONBOARD VAPOR RECOVERY 
REQUIREMENTS 
Model year commencing after standards promulgated 
Fourth 
Fifth 
After Fifth 
Percentage * 
40 
80 
100 
' Percentages in the table refer to a percentage of the manufacturer's sales volume. 
The standards shall require that such systems provide a mini-
mum evaporative emission capture efficiency of 95 percent. The 
requirements of section 182(bX3) (relating to stage II gasoline 
vapor recovery) for areas classified under section 181 as mod-
erate for ozone shall not apply after promulgation of such 
standards and the Administrator may, by rule, revise or waive 
the application of the requirements of such section 182(bX3) for 
areas classified imder section 181 as Serious, Severe, or Extreme 
for ozone, as appropriate, after such time as the Administrator 
determines that onboard emissions control systems required 
under this paragraph are in widespread use throughout the 
motor vehicle fleet.'. 
104 STAT. 2474 
PUBLIC LAW 101-549—NOV. 15, 1990 
SEC. 203. EMISSION STANDARDS FOR CONVENTIONAL MOTOR VEHICLES. 
(a) STANDARDS.—Section 202 of the Clean Air Act (42 U.S.C. 7521) 
is amended by adding the following at the end thereof: 
"(g) LIGHT-DUTY TRUCKS UP TO 6,000 LBS. G V W R AND LIGHT-DUTY 
VEHICLES; STANDARDS FOR MODEL YEARS AFTER 1993.— 
"(1) NMHC, CO, AND NOj.—Effective with respect to the model 
year 1994 and thereafter, the regulations under subsection (a) 
applicable to emissions of nonmethane hydrocarbons (NMHC), 
carbon monoxide (CO), and oxides of nitrogen (NO,) from light-
duty trucks (LDTs) of up to 6,000 lbs. gross vehicle weight rating 
(GVWR) and light-duty vehicles (LDVs) shall contain standards 
which provide that emissions from a percentage of each manu-
facturer's sales volume of such vehicles and trucks shall comply 
with the levels specified in table G. The percentage shall be as 
specified in the implementation schedule below: 
TABLE G — E M I S S I O N STANDARDS FOR NMHC, CO, AND NO^ FROM UGHT-
DUTY TRUCKS OF UP TO 6,000 LBS. GVWR AND UGHT-DUTY VEHICLES 
Vehicle tjrpe 
LDTs (0-3,750 lbs. LVW) and 
light-duty vehicles 
LDTs (3,751-5,750 lbs. LVW) 
Column A 
(5 yrs/50,000 i 
NMHC 
CO 
0.25 
3.4 
0.32 
4.4 
mi) 
NO, 
0.4* 
0.7" 
Column B 
(10 yrs/100,000 mi) 
NMHC 
CO 
NO, 
0.31 
4.2 
0.6* 
0.40 
5.5 
0.97 
Standards are expressed in grams per mile (gpm). 
For standards under column A, for purposes of certification under section 206, the applicable 
useful life shall be 5 years or 50,000 miles (or the equivalent), whichever first occurs. 
For standards under column B, for purposes of certification under section 206, the applicable 
useful life shall be 10 years or 100,000 miles (or the equivalent), whichever first occurs. 
*In the case of diesel-fueled LDTs (0-3,750 Ivw) and light-duty vehicles, before the model year 
2004, in lieu of the 0.4 and 0.6 standards for NO,, the applicable standards for NO, shall be 1.0 
gpm. for a useful life of 5 years or 50,000 miles (or the equivalent), whichever first occurs, and 
1.25 gpm for a useful life of 10 years or 100,000 miles (or the equivalent) whichever first occurs. 
••This standard does not apply to diesel-fueled LDTs (3,751-5,750 lbs. LVW). 
"IMPLEMENTATION SCHEDULE FOR TABLE G STANDARDS 
1994 
1995 
after 1995 
Model year 
Percentage * 
40 
80 
100 
* Percentages in the table refer to a percentage of each manufacturer's sales volume. 
"(2) PM STANDARD.—Effective with respect to model year 
1994 and thereafter in the case of light-duty vehicles, and 
effective with respect to the model year 1995 and thereafter in 
the case of light-duty trucks (LDTs) of up to 6,000 lbs. gross 
vehicle weight rating (GVWR), the regulations under subsection 
(a) applicable to emissions of particulate matter (PM) from such 
vehicles and trucks shall contain standards which provide that 
such emissions from a percentage of each manufacturer's sales 
volume of such vehicles and trucks shall not exceed the levels 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2475 
specified in the table below. The percentage shall be as specified 
in the Implementation Schedule below. 
"PM STANDARD FOR LDTS OF UP TO 6,000 LBS. G V W R 
Useful life period 
Standard 
5/50,000 
0.08 gpm 
10/100,000 
0.10 gpm 
The applicable useful life, for purposes of certification under section 206 and for purposes of 
in-use compliance under section 207, shall be 5 years or 50,000 miles (or the equivalent), which-
ever first occurs, in the case of the 5/50,000 standard. 
The applicable useful life, for purposes of certification under section 206 eind for purposes of 
in-use compliance under section 207, shall be 10 years or 100,000 miles (or the equivalent), 
whichever first occurs in the case of the 10/100,000 standard. 
"IMPLEMENTATION SCHEDULE FOR PM STANDARDS 
Mol^lye" 
" ^ i ^ ^ " 
LPT, 
1994 
40%* 
1995 
80% * 
40% * 
1996 
100% * 
80% * 
after 1996 
100% * 
100% * 
• Percenteiges in the table refer to a percentage of each manufacturer's sales volume. 
"(h) LIGHT-DUTY TRUCKS OF MORE THAN 6,000 LBS. GVWR; STAND-
ARDS FOR MODEL YEARS AFTER 1995.—Effective with respect to the 
model year 1996 and thereafter, the regulations under subsection (a) 
applicable to emissions of nonmethane hydrocarbons (NMHC), 
carbon monoxide (CO), oxides of nitrogen (NOJ, and particulate 
matter (PM) from light-duty trucks (LDTs) of more than 6,000 lbs. 
gross vehicle weight rating (GVWR) shall contain standards which 
provide that emissions from a specified percentage of each manufac-
turer's sales volume of such trucks shall comply with the levels 
specified in table H. The specified percentage shall be 50 percent in 
model year 1996 and 100 percent thereafter. 
TABLE H — E M I S S I O N STANDARDS FOR NMHC AND CO FROM GASOLINE 
AND DIESEL FUELED LIGHT-DUTY TRUCKS OF MORE THAN 6,000 LBS. 
GVWR 
Column A 
Column B 
LDT Test weight 
(5 yrs/50,000 mi) 
(11 yrs/120,000 mi) 
3,751-5,750 lbs. TW 
NMHC 
0.32 
CO 
4.4 
NO, 
0.7* 
NMHC 
0.46 
CO 
6.4 
NO, 
0.98 
PM 
0.10 
104 STAT. 2476 
PUBLIC LAW 101-549—NOV. 15, 1990 
Column A 
Column B 
LDT Test weight 
(5 yrs/50,000 mi) 
(11 yrs/120,000 mi) 
Over 5,750 lbs. TW 
NMHC 
0.39 
CO 
5.0 
NO, 
1.1* 
NMHC 
0.56 
CO 
7.3 
NO, 
1.53 
PM 
0.12 
Standards are expressed in grams per mile (GPM). 
For standards under column A, for purposes of certification under section 206, the applicable 
useful life shall be 5 years or 50,000 miles (or the equivalent) whichever first occurs. 
For standards under column B, for purposes of certification under section 206, the applicable 
useful life shall be 11 years or 120,000 miles (or the equivalent), whichever first occurs. 
•Not applicable to diesel-fueled LDTs. 
"(i) PHASE II STUDY FOR CERTAIN LIGHT-DUTY VEHICLES AND LIGHT-
DUTY TRUCKS.—(1) The Administrator, with the participation of the 
Office of Technology Assessment, shall study whether or not further 
reductions in emissions from light-duty vehicles and light-duty 
trucks should be required pursuant to this title. The study shall 
consider whether to establish with respect to model years commenc-
ing after January 1, 2003, the standards and useful life period for 
gasoline and diesel-fueled light-duty vehicles and light-duty trucks 
with a loaded vehicle weight (LVW) of 3,750 lbs. or less specified in 
the following table: 
" T A B L E 3 — P E N D I N G 
E M I S S I O N S T A N D A R D S 
F O R 
G A S O L I N E A N D DIESEL 
FUELED UGHT-DUTY VEHICLES AND LIGHT-DUTY TRUCKS 3,750 LBS. 
LVW OR LESS 
NMHC 
NO, 
CO 
Pollutant 
Emission level* 
0.125 GPM 
0.2 GPM 
1.7 GPM 
'Emission levels are expressed in grams per mile (GPM). For vehicles and engines subject to 
this subsection for purposes of section 202(d) and any reference thereto, the useful life of such 
vehicles and engines shall be a period of 10 years or 100,000 miles (or the equivalent), whichever 
first occurs. 
Such study shall also consider other standards and useful life peri-
ods which are more stringent or less stringent than those set forth 
in table 3 (but more stringent than those referred to in subsections 
(g)and(h)). 
"(2XA) As part of the study under paragraph (1), the Adminis-
trator shall examine the need for further reductions in emissions 
in order to attain or maintain the national ambient air quality 
standards, taking into consideration the waiver provisions of 
section 2090)). As part of such study, the Administrator shall also 
examine— 
"(i) the availability of technology (including the costs thereof), 
in the case of lightKluty vehicles and light-duty trucks with a 
loaded vehicle weight (LVW) of 3,750 lbs. or less, for meeting 
more stringent emission standards than those provided in 
subsections (g) and (h) for model years commencing not earlier 
than after January 1, 2003, and not later than model year 2006, 
including the lead time and safety and energy impacts of meet-
ing more stringent emission standards; and 
"(ii) the need for, and cost effectiveness of, obtaining further 
reductions in emissions from such light-duty vehicles and light-
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2477 
duty trucks, taking into consideration alternative means of 
attaining or maintaining the national primary ambient air 
quality standards pursuant to State implementation plans and 
other requirements of this Act, including their feasibility and 
cost effectiveness. 
"(B) The Administrator shall submit a report to Congress no later Reports, 
than June 1, 1997, containing the results of the study under this 
subsection, including the results of the examination conducted 
under subparagraph (A). Before submittal of such report the 
Administrator shall provide a reasonable opportunity for public 
comment and shall include a summary of such comments in the 
report to Congress. 
"(3XA) B a s ^ on the study under paragraph (1) the Administrator Regulations, 
shall determine, by rule, within 3 calendar years after the report is 
submitted to Congress, but not later than December 31, 1999, 
whether— 
"(i) there is a need for further reductions in emissions as 
provided in paragraph (2XA); 
"(ii) the technology for meeting more stringent emission 
standards will be available, as provided in paragraph (2)(A)(i), in 
the case of light-duty vehicles and light-duty trucks with a 
loaded vehicle weight (LVW) of 3,750 lbs. or less, for model years 
commencing not earlier than January 1, 2003, and not later 
than model year 2006, considering the factors listed in para-
graph (2XA)(i); and 
"(iii) obtaining further reductions in emissions from such 
vehicles will be needed and cost effective, taking into consider-
ation alternatives as provided in paragraph (2XAXii). 
The rulemaking under this paragraph shall commence within 3 
months after submission of the report to Congress under paragraph 
(2XB). 
"(B) If the Administrator determines under subparagraph (A) 
that— 
"(i) there is no need for further reductions in emissions as 
provided in paragraph (2XA); 
"(ii) the technology for meeting more stringent emission 
standards will not be available as provided in paragraph 
(2)(AXi), in the case of light-duty vehicles and light-duty trucks 
with a loaded vehicle weight (LVW) of 3,750 lbs. or less, for 
model years commencing not earlier than January 1, 2003, and 
not later than model year 2006, considering the factors listed in 
paragraph (2XAXi); or 
"(iii) obtaining further reductions in emissions from such 
vehicles will not be needed or cost effective, taking into consid-
eration alternatives as provided in paragraph (2XAXii), 
the Administrator shall not promulgate more stringent standards 
than those in effect pursuant to subsections (g) and (h). Nothing in 
this paragraph shall prohibit the Administrator from exercising the 
Administrator's authority under subsection (a) to promulgate more 
stringent standards for light-duty vehicles and light-duty trucks 
with a loaded vehicle weight (LVW) of 3,750 lbs. or less at any other 
time thereafter in accordance with subsection (a). 
"(C) If the Administrator determines under subparagraph (A) 
that— 
"(i) there is a need for further reductions 
provided in paragraph (2XA); 
in emissions as 
89-194 O - 91 - 6 : QL 3 Part 4 
104 STAT. 2478 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(ii) the technology for meeting more stringent emission 
standards will be available, as provided in paragraph (2XAXi), in 
the case of light-duty vehicles and light-duty trucks with a 
loaded vehicle weight (LVW) of 3,750 lbs. or less, for model years 
commencing not earlier than January 1, 2003, and not later 
than model year 2006, considering the factors listed in para-
graph (2XAXi); and 
"(iii) obtaining further reductions in emissions from such 
vehicles will be needed and cost effective, taking into consider-
ation alternatives as provided in paragraph (2XAXii), 
the Administrator shall either promulgate the standards (and useful 
life periods) set forth in Table 3 in paragraph (1) or promulgate 
alternative standards (and useful life periods) which are more strin-
gent than those referred to in subsections (g) and (h). Any such 
standards (or useful life periods) promulgated by the Administrator 
shall take effect with respect to any such vehicles or engines no 
earlier than the model year 2003 but not later than model year 2006, 
as determined by the Administrator in the rule. 
"(D) Nothing in this paragraph shall be construed by the Adminis-
trator or by a court as a presumption that any standards (or useful 
life period) set forth in Table 3 shall be promulgated in the rule-
making required under this paragraph. The action required of the 
Administrator in accordance with this paragraph shall be treated as 
a nondiscretionary duty for purposes of section 304(aX2) (relating to 
citizen suits). 
"(E) Unless the Administrator determines not to promulgate more 
stringent standards as provided in subparagraph (B) or to postpone 
the effectivie date of standards referred to in Table 3 in paragraph (1) 
or to establish alternative standards as provided in subparagraph 
(C), effective with respect to model years commencing after January 
1, 2003, the regulations under subsection (a) applicable to emissions 
of nonmethane hydrocarbons (NMHC), oxides of nitrogen (NO,), and 
carbon monoxide (CO) from motor vehicles and motor vehicle en-
gines in the classes specified in Table 3 in paragraph (1) above shall 
contain standards which provide that emissions may not exceed the 
pending emission levels specified in Table 3 in paragraph (1).". 
0)) USEFUL LIFE.—Section 202(d) of the Clean Air Act (42 U.S.C. 
7521(dXl)) is amended as follows: 
(1) Insert "except where a different useful life period is speci-
fied in this title" after "provide that". 
(2) Strike the semicolon at the end of paragraph (1) and insert 
the following ", except that in the case of any requirement of 
this section which first becomes applicable sifter the enactment 
of the Clean Air Act Amendments of 1990 where the useful life 
period is not otherwise specified for such vehicles and engines, 
the period shall be 10 years or 100,000 miles (or the equivalent), 
whichever first occurs, with testing for purposes of in-use 
compliance under section 207 up to (but not beyond) 7 years or 
75,000 miles (or the equivalent), whichever first occurs;". 
(3) Insert "and light-duty trucks up to 3,750 lbs. LVW and up 
to 6,000 lbs. GVWR:' after "engines" in paragraph (1). 
(c) REVISED STANDARDS.—Subparagraph (C) of section 202(bXl) of 
the Clean Air Act (42 U.S.C. 7521(bXlXC)) is amended to read as 
follows: 
"(C) The Administrator may promulgate regulations under subsec-
tion (aXD revising any standard prescribed or previously revised 
under this subsection, as needed to protect public health or welfare. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2479 
taking costs, energy, and safety into account. Any revised standard 
shall require a reduction of emissions from the standard that was 
previously applicable. Any such revision under this title may pro-
vide for a phase-in of the standard. It is the intent of Congress that 
the 
numerical 
emission 
standards 
specified 
in 
subsections 
(aX3)(BXii), (g), (h), and (i) shall not be modified by the Administrator 
after the enactment of the Clean Air Act Amendments of 1990 for 
any model year before the model year 2004.". 
(d) PROMULGATION.—Section 202(b)(2) of the Clean Air Act (42 
U.S.C. 7521(b)(2)) is amended to read as follows: 
"(2) Emission standards under paragraph (1), and measurement Regulations, 
techniques on which such standards are based (if not promulgated 
prior to the date of the enactment of the Clean Air Act Amendments 
of 1990), shall be promulgated by regulation within 180 days after 
such date.". 
SEC. 204. CARBON MONOXIDE EMISSIONS AT COLD TEMPERATURES. 
Section 202 of the Clean Air Act (42 U.S.C. 7521) is amended by 
adding the following new subsection after subsection (i): 
"(j) COLD CO STANDARD.— 
"(1) PHASE I.—Not later than 12 months after the date of the Regulations, 
enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall promulgate regulations under subsection 
(a) of this section applicable to emissions of carbon monoxide 
from 1994 and later model year light-duty vehicles and light-
duty trucks when operated at 20 degrees Fahrenheit. The regu-
lations shall contain standards which provide that emissions of 
carbon monoxide from a manufacturer's vehicles when operated 
at 20 degrees Fahrenheit may not exceed, in the case of light-
duty vehicles, 10.0 grams per mile, and in the case of light-duty 
trucks, a level comparable in stringency to the standard ap-
plicable to light-duty vehicles. The standards shall take effect Effective date, 
after model year 1993 according to a phase-in schedule which 
requires a percentage of each manufacturer's sales volume of 
light-duty vehicles and light-duty trucks to comply with ap-
plicable standards after model year 1993. The percentage shall 
be as specified in the following table: 
"PHASE-IN SCHEDULE FOR COLD START STANDARDS 
1994 
1995 
1996 and after 
Model Year 
Percentage 
40 
80 
100 
"(2) PHASE IL—(A) Not later than June 1, 1997, the Adminis-
trator shall complete a study assessing the need for further 
reductions in emissions of carbon monoxide and the meiximum 
reductions in such emissions achievable from model year 2001 
and later model year light-duty vehicles and light-duty trucks 
when operated at 20 degrees Fahrenheit. 
"(B)(i) If as of June 1, 1997, 6 or more nonattainment areas 
have a carbon monoxide design value of 9.5 ppm or greater, the 
regulations under subsection (aXD of this section applicable to 
emissions of carbon monoxide from model year 2002 and later 
104 STAT. 2480 
PUBLIC LAW 101-549—NOV. 15, 1990 
Ohio. 
Wisconsin. 
Regulations. 
Petroleum. 
model year light-duty vehicles and light-duty trucks shall con-
tain standards which provide that emissions of carbon monoxide 
from such vehicles and trucks when operated at 20 degrees 
Fahrenheit may not exceed 3.4 grams per mile (gpm) in the case 
of light-duty vehicles and 4.4 grams per mile (gpm) in the case of 
light-duty trucks up to 6,000 GVWR and a level comparable in 
stringency in the case of light-duty trucks 6,000 GVWR and 
above. 
"(ii) In determining for purposes of this subparagraph 
whether 6 or more nonattainment areas have a carbon mon-
oxide design value of 9.5 ppm or greater, the Administrator 
shall exclude the areas of Steubenville, Ohio, and Oshkosh, 
Wisconsin. 
"(3) USEFUL-UFE FOR PHASE I AND PHASE II STANDARDS.—In t h e 
case of the standards referred to in paragraphs (1) and (2), for 
purposes of certification under section 206 and in-use compli-
ance under section 207, the applicable useful life period shall be 
5 years or 50,000 miles, whichever first occurs, except that the 
Administrator may extend such useful life period (for purposes 
of section 206, or section 207, or both) if he determines that it is 
feasible for vehicles and engines subject to such stemdards to 
meet such standards for a longer useful life. If the Adminis-
trator extends such useful life period, the Administrator may 
make an appropriate adjustment of applicable stemdards for 
such extended useful life. No such extended useful life shall 
extend beyond the useful life period provided in regulations 
under subsection (d). 
"(4) HEAVY-DUTY VEHICLES AND ENGINES.—The Administrator 
may also promulgate regulations under subsection (aXD ap-
plicable to emissions of carbon monoxide from heavy-duty ve-
hicles and engines when operated at cold temperatures.". 
SEC. 205. EVAPORATIVE EMISSIONS. 
Section 202 of the Clean Air Act (42 U.S.C. 7521) is amended by 
adding the following new subsection after subsection (j): 
"(k) CONTROL OF EVAPORATIVE EMISSIONS.—The Administrator 
shall promulgate (and from time to time revise) regulations ap-
plicable to evaporative emissions of hydrocarbons from all gasoline-
fueled motor vehicles— 
"(1) during operation; and 
"(2) over 2 or more days of nonuse; 
under ozone-prone summertime conditions (as determined by regula-
tions of the Administrator). The regulations shall take effect as 
expeditiously as possible and shall require the greatest degree of 
emission reduction achievable by means reasonably expected to be 
available for production during any model year to which the regula-
tions apply, giving appropriate consideration to fuel volatility, and 
to cost, energy, and safety factors associated with the application of 
the appropriate technology. The Administrator shall commence a 
rulemaking under this subsection within 12 months after the date of 
the enactment of the Clean Air Act Amendments of 1990. If final 
regulations are not promulgated under this subsection within 18 
months after the date of the enactment of the Clean Air Act 
Amendments of 1990, the Administrator shall submit a statement to 
the Congress containing an explanation of the reasons for the delay 
and a date certain for promulgation of such final regulations in 
accordance with this Act. Such date certain shall not be later than 
15 months after the expiration of such 18 month deadline.". 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2481 
Reports. 
Public 
information. 
SEC. 206. MOBILE SOURCE-RELATED AIR TOXICS. 
Section 202 of the Clean Air Act (42 U.S.C. 7521) is amended by 
adding the following new subsection after subsection (k): 
"(1) MOBILE SOURCE-RELATED AIR TOXICS.— 
"(1) STUDY.—Not later than 18 months after the date of the 
enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall complete a study of the need for, and 
feasibility of, controlling emissions of toxic air pollutants which 
are unregulated under this Act and associated with motor 
vehicles and motor vehicle fuels, and the need for, and feasibil-
ity of, controlling such emissions and the means and measures 
for such controls. The study shall focus on those categories of 
emissions that pose the greatest risk to human health or about 
which significant uncertainties remain, including emissions of 
benzene, formaldehyde, and 1, 3 butadiene. The proposed report 
shall be available for public review and comment and shall 
include a summary of all comments. 
"(2) STANDARDS.—Within 54 months after the date of the Regulations 
enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall, based on the study under paragraph (1), 
promulgate (and from time to time revise) regulations under 
subsection (aXD or section 211(cXl) containing reasonable 
requirements to control hazardous air pollutants from motor 
vehicles and motor vehicle fuels. The regulations shall contain 
' 
standards for such fuels or vehicles, or both, which the Adminis-
trator determines reflect the greatest degree of emission reduc-
tion achievable through the application of technology which 
will be available, taking into consideration the standards estab-
lished under subsection (a), the availability and costs of the 
technology, and noise, energy, and safety factors, and lead time. 
Such regulations shall not be inconsistent with standards under 
section 202(a). The regulations shall, at a minimum, apply to 
emissions of benzene and formaldehyde.". 
SEC. 207. EMISSION CONTROL DIAGNOSTICS SYSTEMS AND BUSES. 
(a) EMISSION CONTROL DIAGNOSTICS.—Section 202 of the Clean Air 
Act (42 U.S.C. 7521) is amended by adding the following after 
subsection (1): 
"(m) EMISSIONS CONTROL DIAGNOSTICS.— 
"(1) REGULATIONS.—Within 18 months after the enactment of 
the Clean Air Act Amendments of 1990, the Administrator shall 
promulgate regulations under subsection (a) requiring manufac-
turers to install on all new light duty vehicles and light duty 
trucks diagnostics systems capable of— 
"(A) accurately identifying for the vehicle's useful life as 
established under this section, emission-related systems de-
terioration or malfunction, including, at a minimum, the 
catalytic converter and oxygen sensor, which could cause or 
result in failure of the vehicles to comply with emission 
standards established under this section, 
"(B) alerting the vehicle's owner or operator to the likely 
need for emission-related components or systems mainte-
nance or repair, 
"(C) storing and retrieving fault codes specified by the 
Administrator, and 
"(D) providing access to stored information in a manner 
specified by the Administrator. 
104 STAT. 2482 
PUBLIC LAW 101-549—NOV. 15, 1990 
The Administrator may, in the Administrator's discretion, 
promulgate regulations requiring manufacturers to install such 
onboard diagnostic systems on heavy-duty vehicles and engines. 
"(2) EFFECTIVE DATE.—The regulations required under para-
graph (1) of this subsection shall take effect in model year 1994, 
except that the Administrator may waive the application of 
such regulations for model year 1994 or 1995 (or both) with 
respect to any class or category of motor vehicles if the Adminis-
trator determines that it would be infeasible to apply the 
regulations to that class or category in such model year or 
years, consistent with corresponding regulations or policies 
adopted by the California Air Resources Board for such systems. 
Regulations. 
"(3) STATE INSPECTION.—The Administrator shall by regula-
tion require States that have implementation plans containing 
motor vehicle inspection and maintenance programs to amend 
their plans within 2 years after promulgation of such regula-
tions to provide for inspection of onboard diagnostics systems (as 
prescribed by regulations under paragraph (1) of this subsection) 
and for the maintenance or repair of malfunctions or system 
deterioration identified by or affecting such diagnostics systems. 
Such regulations shall not be inconsistent with the provisions 
for warranties promulgated under section 207(a) and (b). 
"(4) SPECIFIC REQUIREMENTS.—In promulgating regulations 
under this subsection, the Administrator shall require— 
"(A) that any connectors through which the emission 
control diagnostics system is accessed for inspection, diag-
nosis, service, or repair shall be standard and uniform on 
all motor vehicles and motor vehicle engines; 
"(B) that access to the emission control diagnostics 
system through such connectors shall be unrestricted and 
shall not require any access code or any device which is 
only available from a vehicle manufacturer; and 
"(C) that the output of the data from the emission control 
diagnostics system through such connectors shall be usable 
without the need for any unique decoding information or 
device. 
Regulations. 
"(5) INFORMATION AVAiLABiUTY.—The Administrator, by regu-
lation, shall require (subject to the provisions of section 208(c) 
regarding the protection of methods or processes entitled to 
protection as trade secrets) manufacturers to provide promptly 
to any person engaged in the repairing or servicing of motor 
vehicles or motor vehicle engines, and the Administrator for use 
by any such persons, with any and all information needed to 
make use of the emission control diagnostics system prescribed 
under this subsection and such other information including 
instructions for making emission related diagnosis and repairs. 
No such information may be withheld under section 208(c) if 
that information is provided (directly or indirectly) by the 
manufacturer to franchised dealers or other persons engaged in 
the repEiir, diagnosing, or servicing of motor vehicles or motor 
vehicle engines. Such information shall also be available to the 
Administrator, subject to section 208(c), in carrving out the 
Administrator's responsibilities under this section.'. 
42 use 7521. 
(b) BUSES.—Section 202 of the Clean Air Act is amended by adding 
the following new subsection at the end thereof: 
"(f) MODEL YEARS AFTER 1990.—For model years prior to model 
year 1994, the regulations under section 202(a) applicable to buses 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2483 
other than those subject to standards under section 219 shall con-
tain a standard which provides that emissions of particulate matter 
(PM) from such buses may not exceed the standards set forth in the 
following table: 
"PM STANDARD FOR BUSES 
1991 
1992 
1993 and thereafter 
Model year 
Standard * . 
0.25 
0.25 
0.10 
* Standards are expressed in grams per brake horsepower hour (g/bhp/hr). 
SEC. 208. MOTOR VEHICLE TESTING AND CERTIFICATION. 
(a) ADDITIONAL TESTING PROCEDURES.—Section 206(a) of the Clean 
Air Act (42 U.S.C. 7525(a)) is amended by adding the following after 
paragraph (3): 
"(4XA) Not later than 12 months after the date of the enactment Regulations. 
of the Clean Air Act Amendments of 1990, the Administrator shall 
revise the regulations promulgated under this subsection to add test 
procedures capable of determining whether model year 1994 and 
later model year light-duty vehicles and light-duty trucks, when 
properly maintained and used, will pass the inspection methods and 
procedures established under section 207(b) for that model year, 
under conditions reasonably likely to be encountered in the conduct 
of inspection and maintenance programs, but which those programs 
cannot reasonably influence or control. The conditions shall include 
fuel characteristics, ambient temperature, and short (30 minutes or 
less) waiting periods before tests are conducted. The Administrator 
shall not grant a certificate of conformity under this subsection for 
any 1994 or later model year vehicle or engine that the Adminis-
trator concludes cannot pass the test procedures established under 
this paragraph. 
"(B) From time to time, the Administrator may revise the regula-
tions promulgated under subparagraph (A), as the Administrator 
deems appropriate.". 
(b) PROJECTED SALES NOT EXCEEDING 300.—Section 206(aXl) of the 
Clean Air Act (42 U.S.C. 7525(aXl)) is amended by striking the third 
sentence and inserting the following: "In the case of any original 
equipment manufacturer (as defined by the Administrator in regula-
tions promulgated before the date of the enactment of the Clean Air 
Act Amendments of 1990) of vehicles or vehicle engines whose 
projected sales in the United States for any model year (as deter-
mined by the Administrator) will not exceed 300, the Administrator 
shall not require, for purposes of determining compliance with 
regulations under section 202 for the useful life of the vehicle or 
engine, operation of any vehicle or engine manufactured during 
such model year for more than 5,000 miles or 160 hours, respec-
tively, unless the Administrator, by regulation, prescribes other-
wise. The Administrator shall apply any adjustment factors that the 
Administrator deems appropriate to assure that each vehicle or 
engine will comply during its useful life (as determined under 
section 202(d)) with the regulations prescribeid under section 202.". 
(c) FTP 
MODIFICATIONS.—Section 206 of the Clean Air 
Act 
is 
amended by adding the following new subsection at the end thereof: 
104 STAT. 2484 
PUBLIC LAW 101-549—NOV. 15, 1990 
Regulations. 
"(h) Within 18 months after the enactment of the Clean Air Act 
Amendments of 1990, the Administrator shall review and revise as 
necessary the regulations under subsection (a) and (b) of this section 
regarding the testing of motor vehicles and motor vehicle engines to 
insure that vehicles are tested under circumstances which reflect 
the actual current driving conditions under which motor vehicles 
are used, including conditions relating to fuel, temperature, accel-
eration, and altitude.". 
SEC. 209. AUTO WARRANTIES. 
Effective with respect to new motor vehicles and engines manu-
factured in the model year 1995 and thereafter, section 207 of the 
Clean Air Act (42 U.S.C. 7541) is amended as follows: 
(1) Strike out "useful life (as determined under section 
202(d))" each place it appears in subsection (b) and insert "the 
warranty period (as determined under subsection (i))". 
(2) Strike so much of section 2070t)) as follows the third 
sentence thereof. 
(3) Add the following new subsection at the end thereof: 
"(i) WARRANTY PERIOD.— 
"(1) IN GENERAL.—For purposes of subsection (aXD and 
subsection Ot)), the warranty period, effective with respect to 
new light-duty trucks and new light-duty vehicles and engines, 
manufactured in the model year 1995 and thereafter, shall be 
the first 2 years or 24,000 miles of use (whichever first occurs), 
except as provided in parsigraph (2). For purposes of subsection 
(aXD and subsection (b), for other vehicles and engines the 
warranty period shall be the period established by the Adminis-
trator by regulation (promulgated prior to the enactment of the 
Clean Air Act Amendments of 1990) for such purposes unless 
the Administrator subsequently modifies such regulation. 
"(2) SPECIFIED MAJOR EMISSION CONTROL COMPONENTS.—In the 
case of a specified major emission control component, the war-
ranty period for new light-duty trucks and new light-duty ve-
hicles and engines manufactured in the model year 1995 and 
thereafter for purposes of subsection (aXD and subsection (b) 
shall be 8 years or 80,000 miles of use (whichever first occurs). 
As used in this paragraph, the term 'specified major emission 
control component' means only a catalytic converter, an elec-
tronic emissions control unit, and an onboard emissions diag-
nostic device, except that the Administrator may designate any 
other pollution control device or component as a specified major 
emission control component if— 
"(A) the device or component was not in general use on 
vehicles and engines manufactured prior to the model year 
1990; and 
"(B) the Administrator determines that the retail cost 
(exclusive of installation costs) of such device or component 
exceeds $200 (in 1989 dollars), adjusted for inflation or 
deflation as calculated by the Administrator at the time of 
such determination. 
For purposes of this paragraph, the term 'onboard emissions 
diagnostic device' means any device installed for the purpose of 
storing or processing emissions related diagnostic information, 
but not including any parts or other systems which it monitors 
except specified major emissions control components. Nothing 
in this Act shall be construed to provide that any part (other 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2485 
than a part referred to in the preceding sentence) shall be 
required to be warranted under this Act for the period of 8 
years or 80,000 miles referred to in this paragraph. 
"(3) INSTRUCTIONS.—Subparagraph (A) of subsection (bX2) 
shall apply only where the Administrator has made a deter-
mination that the instructions concerned conform to the 
requirements of subsection (cX3).". 
(4) Amend subsection (aXl) by adding the following at the end 
thereof: "In the case of vehicles and engines manufactured in 
the model year 1995 and thereafter such warranty shall require 
that the vehicle or engine is free from any such defects for the 
warranty period provided under subsection (i).". 
SEC. 210. IN-USE COMPLIANCE—RECALL. 
Section 207(c) of the Clean Air Act (42 U.S.C. 7541(c)) is amended 
by adding the following at the end thereof: 
"(4) INTERMEDIATE IN-USE STANDARDS.— 
"(A) MODEL YEARS 1994 AND 1995.—For light-duty trucks 
of up to 6,000 lbs. gross vehicle weight rating (GVWR) and 
light-duty vehicles which are subject to standards under 
table G of section 202(gXl) in model years 1994 and 1995 (40 
percent of the manufacturer's sales volume in model year 
1994 and 80 percent in model year 1995), the standards 
applicable to NMHC, CO, and NO, for purposes of this 
subsection shall be those set forth in table A below in lieu of 
the standards for such air pollutants otherwise applicable 
under this title. 
"TABLE A—INTERMEDIATE IN-USE STANDARDS LDTS UP TO 6,000 LBS. 
GVWR AND UGHT-DUTY VEHICLES 
Vehicle type 
NMHC 
CO NO, 
Lightxiuty vehicles 
0.32 
3.4 
0.4* 
LDT's (0-3,750 LVW) 
0.32 
5.2 
0.4* 
LDT's (3,751-5,750 LVW) 
0.41 
6.7 
0.7* 
*Not applicable to diesel-fueled vehicles. 
"(B) MODEL YEARS 1996 AND THEREAFTER.—(i) In the model 
years 1996 and 1997, light-duty trucks (LDTs) up to 6,000 
lbs. gross vehicle weight rating (GVWR) and light-duty 
vehicles which are not subject to final in-use standar(& 
under paragraph (5) (60 percent of the manufacturer's sales 
volume in model year 1996 and 20 percent in model year 
1997) shall be subject to the standards set forth in table A of 
subparagraph (A) for NMHC, CO, and NO, for purposes of 
this subsection in lieu of those set forth in paragraph (5). 
"(ii) For LDTs of more than 6,000 lbs. GVWR— 
"(I) in model year 1996 which are subject to the 
standards set forth in Table H of section 202(h) (50%); 
"(II) in model year 1997 (100%); and 
"(III) in model year 1998 which are not subject to 
final in-use standards under paragraph (5) (50%); 
the standards for NMHC, CO, and NO, for purposes of this 
subsection shall be those set forth in Table B below in lieu 
of the standards for such air poUut^its otherwise ap-
plicable under this title. 
104 STAT. 2486 
PUBLIC LAW 101-549—NOV. 15, 1990 
"TABLE B—INTERMEDIATE IN-USE STANDARDS LDTS MORE THAN 
6,000 LBS. G V W R 
Vehicle type 
NMHC 
CO 
NO, 
LDTs (3,751-5,750 lbs. TW) 
0.40 
5.5 
0.88* 
LDTs (over 5,750 lbs. TW) 
0.49 
6.2 
1.38* 
'Not applicable to diesel-fueled vehicles. 
"(C) USEFUL UFE.—In the case of the in-use standards 
applicable under this paragraph, for purposes of appljdng 
this subsection, the applicable useful life shall be 5 years or 
50,000 miles or the equivalent (whichever first occurs). 
"(5) FINAL IN-USE STANDARDS.—(A) After the model year 1995, 
for purposes of appljdng this subsection, in the case of the 
percentage specified in the implementation schedule below of 
each manufacturer's sales volume of light-duty trucks of up to 
6,000 lbs. gross vehicle weight rating (GVWR) and light duty 
vehicles, the standards for NMHC, CO, and NO, shall be as 
provided in Table G in section 202(g), except that in appljdng 
the standards set forth in Table G for purposes of determining 
compliance with this subsection, the applicable useful life shall 
be (i) 5 years or 50,000 miles (or the equivalent) whichever first 
occurs in the case of standards applicable for purposes of certifi-
cation at 50,000 miles; and (ii) 10 years or 100,000 miles (or the 
equivalent), whichever first occurs in the case of standards 
applicable for purposes of certification at 100,000 miles, except 
that no testing shall be done beyond 7 years or 75,000 miles, or 
the equivalent whichever first occurs. 
"LDTs UP T
O 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLE SCHEDULE 
FOR IMPLEMENTATION OF FINAL IN-USE STANDARDS 
1996 
1997 
1998 
Model 
year 
Percent 
40 
80 
100 
"(B) After the model year 1997, for purposes of applying this 
subsection, in the case of the percentage specified in the im-
plementation schedule below of each manufacturer's sales 
volume of light-duty trucks of more than 6,000 lbs. gross vehicle 
weight rating (GVWR), the standards for NMHC, CO, and NO, 
shall be as provided in Table H in section 202(h), except that in 
appljdng the standards set forth in Table H for purposes of 
determining compliance with this subsection, the applicable 
useful life shall be (i) 5 years or 50,000 miles (or the equivalent) 
whichever first occurs in the case of standards applicable for 
purposes of certification at 50,000 miles; and (ii) 11 years or 
120,000 miles (or the equivalent), whichever first occurs in the 
case of standards applicable for purposes of certification at 
120,000 miles, except that no testing shall be done beyond 7 
years or 90,000 miles (or the equivalent) whichever first occurs. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2487 
"LDTs OF MORE THAN 6,000 LBS. G V W R IMPLEMENTATION 
SCHEDULE FOR IMPLEMENTATION OF FINAL IN-USE STANDARDS 
1998 
1999 
Model year 
Percent 
50 
100 
"(6) DIESEL VEHICLES; IN-USE USEFUL UFE AND TESTING.—(A) In 
the case of diesel-fueled light-duty trucks up to 6,000 lbs. GVWR 
and light-duty vehicles, the useful life for purposes of determin-
ing in-use compliance with the standards under section 202(g) 
for NOx shall be a period of 10 years or 100,000 miles (or the 
equivalent), whichever first occurs, in the case of standards 
applicable for purposes of certification at 100,000 miles, except 
that testing shall not be done for a period beyond 7 years or 
75,000 miles (or the equivalent) whichever first occurs. 
"(B) In the case of diesel-fueled light-duty trucks of 6,000 lbs. 
GVWR or more, the useful life for purposes of determining in-
use compliance with the standards under section 202(h) for NO, 
shall be a period of 11 years or 120,000 miles (or the equivalent), 
whichever first occurs, in the case of standards applicable for 
purposes of certification at 120,000 miles, except that testing 
shall not be done for a period beyond 7 years or 90,000 miles (or 
the equivalent) whichever first occurs.". 
SEC. 211. INFORMATION COLLECTION. 
Section 208 of the Clean Air Act (42 U.S.C. 7542) is amended to 
read as follows: 
"SEC. 208. INFORMATION COLLECTION. 
"(a) MANUFACTURER'S RESPONSIBILITY.—Every manufacturer of Records, 
new motor vehicles or new motor vehicle engines, and every manu- Reports, 
facturer of new motor vehicle or engine parts or components, and 
other persons subject to the requirements of this part or part C, 
shall establish and maintain records, perform tests where such 
testing is not otherwise reasonably available under this part and 
part C (including fees for testing), make reports and provide 
information the Administrator may reasonably require to determine 
whether the manufacturer or other person has acted or is acting in 
compliance with this part and part C and regulations thereunder, or 
to otherwise carry out the provision of this part and part C, and 
shall, upon request of an officer or employee duly designated by the 
Administrator, permit such officer or employee at reasonable times 
to have access to and copy such records. 
"(b) ENFORCEMENT AUTHORITY.—For the purposes of enforcement 
of this section, officers or employees duly designated by the 
Administrator 
upon 
presenting 
appropriate 
credentials are 
authorized— 
"(1) to enter, at reasonable times, any establishment of the 
manufacturer, or of any person whom the manufacturer en-
gages to perform any activity required by subsection (a), for the 
purposes of inspecting or observing any activity conducted 
pursuant to subsection (a), and 
"(2) to inspect records, files, papers, processes, controls, and 
facilities used in performing any activity required by subsection 
104 STAT. 2488 
PUBLIC LAW 101-549—NOV. 15, 1990 
(a), by such manufacturer or by any person whom the manufac-
turer engages to perform any such activity. 
Confidential 
"(c) AvAiLABiuTY T
O THE PuBLic; TRADE SECRETS.—Any records, 
bv^iness 
reports, or information obtained under this part or part C shall be 
mformation. 
available to the public, except that upon a showing satisfactory to 
the Administrator by any person that records, reports, or informa-
tion, or a particular portion thereof (other than emission data), to 
which the Administrator has access under this section, if made 
public, would divulge methods or processes entitled to protection as 
trade secrets of that person, the Administrator shall consider the 
record, report, or information or particular portion thereof confiden-
tial in accordance with the purposes of section 1905 of title 18 of the 
United States Code. Any authorized representative of the Adminis-
trator shall be considered an employee of the United States for 
purposes of section 1905 of title 18 of the United States Code, 
Nothing in this section shall prohibit the Administrator or au-
thorized representative of the Administrator from 
disclosing 
records, reports or information to other officers, employees or au-
thorized representatives of the United States concerned with carry-
ing out this Act or when relevant in any proceeding under this Act. 
Nothing in this section shall authorize the withholding of informa-
tion by the Administrator or any officer or employee under the 
Administrator's control from the duly authorized committees of the 
Congress.". 
SEC. 212. NONROAD FUELS. 
(a) FUELS AND FUEL ADDITIVES.—Section 211(a) of the Clean Air 
Act (42 U.S.C. 7545(a)) is amended by inserting "(including any fuel 
or fuel additive used exclusively in nonroad engines or nonroad 
vehicles)" immediately after "fuel or fuel additive". 
(b) ANALYTICAL TECHNIQUES.—Section 211(bX2XB) of the Clean Air 
Act (42 U.S.C. 7545(2XB)) is amended by striking "or" after "vehicle" 
and inserting in lieu thereof a comma, and by inserting immediately 
after "vehicle engine," the phrase: "nonroad engine or nonroad 
vehicle ". 
(c) REGULATION.—Section 211(cXl) of the Clean Air Act (42 U.S.C. 
7545(cXl)) is amended by striking "or" after "motor vehicle" and 
inserting in lieu thereof a comma, and by inserting immediately 
after "motor vehicle engine" a comma followed by "or nonroad 
engine or nonroad vehicle". 
SEC. 213. STATE FUEL REGULATION. 
(a) IN GENERAL.—Section 211(cX4XA) of the Clean Air Act (42 
U.S.C. 7545(cX4XA)) is amended as follows: 
(1) Strike out "use of a" and insert "any characteristic or 
component of a". 
(2) In clause (i) after "control or prohibition" insert "of the 
characteristic or component of a fuel or fuel additive". 
(3) In clause (ii) after "such" insert "characteristic or compo-
nent of a". 
(b) FINDING OF NECESSITY.—Section 211(cX4XC) of the Clean Air 
Act (42 U.S.C. 7545(cX4XC)) is amended by adding the following at 
the end: "The Administrator may find that a State control or 
prohibition is necessary to achieve that standard if no other meas-
ures that would bring about timely attainment exist, or if other 
measures exist and are technically possible to implement, but are 
unre£isonable or impracticable. The Administrator may make a 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2489 
finding of necessity under this subparagraph even if the plan for 
the area does not contain an approved demonstration of timely 
attainment.". 
SEC. 214. FUEL WAIVERS. 
(a) COVERAGE.—Section 211(f)(1) of the Clean Air Act (42 U.S.C. 
7545(f)(1) is amended by inserting "(A)" immediately after "(D" and 
by adding the following new subparagraph at the end thereof: 
"(B) Effective upon the date of the enactment of the Clean Air Act 
Amendments of 1990, it shall be unlawful for any manufacturer of 
any fuel or fuel additive to first introduce into commerce, or to 
increase the concentration in use of, any fuel or fuel additive for use 
by any person in motor vehicles manufactured after model year 
1974 which is not substantially similar to any fuel or fuel additive 
utilized in the certification of any model year 1975, or subsequent 
model year, vehicle or engine under section 206.". 
(b) CONFORMING AMENDMENT.—Section 211(f)(3) of the Clean Air 
Act (42 U.S.C. 7545(f)(3)) is amended by inserting "(A)" immediately 
after "(1)". 
SEC. 215. MISFUELING. 
Section 211(g) of the Clean Air Act (42 U.S.C. 7545(g)) is amended 
to read as follows: 
"(g) MiSFUELiNG.—(1) No person shall introduce, or cause or allow 
the introduction of, leaded gasoline into any motor vehicle which is 
labeled 'unleaded gasoline only,' which is equipped with a gasoline 
tank filler inlet designed for the introduction of unleaded gasoline, 
which is a 1990 or later model year motor vehicle, or which such 
person knows or should know is a vehicle designed solely for the use 
of unleaded gasoline. 
"(2) Beginning October 1, 1993, no person shall introduce or cause 
or allow the introduction into any motor vehicle of diesel fuel which 
such person knows or should know contains a concentration of 
sulfur in excess of 0.05 percent (by weight) or which fails to meet a 
cetane index minimum of 40 or such equivalent alternative aromatic 
level as prescribed by the Administrator under subsection (iX2).". 
SEC. 216. FUEL VOLATILITY. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by 
adding the following new subsection at the end thereof: 
"(h) REID VAPOR PRESSURE REQUIREMENTS.— 
"(1) PROHIBITION.—Not later than 6 months after the date of Regulations, 
the enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall promulgate regulations making it unlawful 
for any person during the high ozone season (as defined by the 
Administrator) to sell, offer for sale, dispense, supply, offer for 
supply, transport, or introduce into commerce gasoline with a 
Reid Vapor Pressure in excess of 9.0 pounds per square inch 
(psi). Such regulations shall also establish more stringent Reid 
Vapor Pressure standards in a nonattainment area as the 
Administrator finds necessary to generally achieve comparable 
evaporative emissions (on a per-vehicle bsisis) in nonattainment 
areas, taking into consideration the enforceability of such stand-
ards, the need of an area for emission control, and economic 
factors. 
"(2) ATTAINMENT AREAS.—The regulations under this subsec-
tion shall not make it unlawful for any person to sell, offer for 
104 STAT. 2490 
PUBLIC LAW 101-549—NOV. 15, 1990 
supply, transport, or introduce into commerce gasoline with a 
Reid Vapor Pressure of 9.0 pounds per square inch (psi) or lower 
in any area designated under section 107 as an attainment area. 
Notwithstanding the preceding sentence, the Administrator 
may impose a Reid vapor pressure requirement lower than 9.0 
pounds per square inch (psi) in any area, formerly an ozone 
nonattainment area, which has been redesignated as an attain-
ment area. 
"(3) EFFECTIVE DATE; ENFORCEMENT.—The regulations under 
this subsection shall provide that the requirements of this 
subsection shall take effect not later than the high ozone season 
for 1992, and shall include such provisions as the Administrator 
determines are necessary to implement and enforce the require-
ments of this subsection. 
"(4) ETHANOL WAIVER.—For fuel blends containing gasoline 
and 10 percent denatured anhydrous ethanol, the Reid vapor 
pressure limitation under this subsection shall be one pound per 
square inch (psi) greater than the applicable Reid vapor pres-
sure limitations established under paragraph (1); Provided, how-
ever. That a distributor, blender, marketer, reseller, carrier, 
retailer, or wholesale purchaser-consumer shall be deemed to be 
in full compliance with the provisions of this subsection and the 
regulations promulgated thereunder if it can demonstrate (by 
showing receipt of a certification or other evidence acceptable to 
the Administrator) that— 
"(A) the gasoline portion of the blend complies with the 
Reid vapor pressure limitations promulgated pursuant to 
this subsection; 
"(B) the ethanol portion of the blend does not exceed its 
waiver condition under subsection (f)(4); and 
"(C) no additional alcohol or other additive has been 
added to increase the Reid Vapor Pressure of the ethanol 
portion of the blend. 
"(5) AREAS COVERED.—The provisions of this subsection shall 
apply only to the 48 contiguous States and the District of 
Columbia. . 
SEC. 217. DIESEL FUEL SULFUR CONTENT. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by 
adding the following new subsection at the end thereof: 
"(i) SULFUR CONTENT REQUIREMENTS FOR DIESEL FUEL.—(1) Effec-
tive October 1, 1993, no person shall manufacture, sell, supply, offer 
for sale or supply, dispense, transport, or introduce into commerce 
motor vehicle diesel fuel which contains a concentration of sulfur in 
excess of 0.05 percent (by weight) or which fails to meet a cetane 
index minimum of 40. 
Regulations. 
"(2) Not later than 12 months after the date of the enactment of 
the Clean Air Act Amendments of 1990, the Administrator shall 
promulgate regulations to implement and enforce the requirements 
of paragraph (1). The Administrator may require manufacturers and 
importers of diesel fuel not intended for use in motor vehicles to dye 
such fuel in a particular manner in order to segregate it from motor 
vehicle diesel fuel. The Administrator may establish an equivalent 
alternative aromatic level to the cetane index specification in para-
graph (1). 
"(3) The sulfur content of fuel required to be used in the certifi-
cation of 1991 through 1993 model year heavy-duty diesel vehicles 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2491 
Alaska. 
Hawaii. 
and engines shall be 0.10 percent (by weight). The sulfur content and 
cetane index minimum of fuel required to be used in the certifi-
cation of 1994 and later model year heavy-duty diesel vehicles and 
engines shall comply with the regulations promulgated under para-
graph (2). 
"(4) The States of Aleiska and Hawaii may be exempted from the 
requirements of this subsection in the same manner as provided in 
section 324. The Administrator shall take final action on any peti-
tion filed under section 324 or this paragraph for an exemption from 
the requirements of this subsection, within 12 months from the date 
of the petition.". 
SEC. 218. LEAD SUBSTITUTE GASOLINE ADDITIVES. 
(a) ADDITIVES.—Section 211 of the Clean Air Act (42 U.S.C. 7545) is 
amended by adding the following at the end thereof: 
"(j) LEAD SUBSTITUTE GASOLINE ADDITIVES.—(1) After the date of 
the enactment of the Clean Air Act Amendments of 1990, any 
person proposing to register any gasoline additive under subsection 
(a) or to use any previously registered additive as a lead substitute 
may also elect to register the additive as a lead substitute gasoline 
additive for reducing valve seat wear by providing the Adminis-
trator with such relevant information regarding product identity 
and composition as the Administrator deems necessary for carrying 
out the responsibilities of paragraph (2) of this subsection (in addi-
tion to other information which may be required under subsection 
(b)). 
"(2) In addition to the other testing which may be required under 
subsection (b), in the case of the lead substitute gasoline additives 
referred to in paragraph (1), the Administrator shall develop and 
publish a test procedure to determine the additives' effectiveness in 
reducing valve seat wear and the additives' tendencies to produce 
engine deposits £ind other adverse side effects. The test procedures 
shall be developed in cooperation with the Secretary of Agriculture 
and with the input of additive manufacturers, engine and engine 
components manufacturers, and other interested persons. The Research. 
Administrator shall enter into arrangements with an independent 
laboratory to conduct tests of each additive using the test procedures 
developed and published pursuant to this paragraph. The Adminis-
trator shall publish the results of the tests by company and additive 
name in the Federal Register along with, for comparison purposes, 
the results of appljdng the same test procedures to gasoline contain-
ing 0.1 gram of lead per gallon in lieu of the lead substitute gasoline 
additive. The Administrator shall not rank or otherwise rate the 
lead substitute additives. Test procedures shall be established within 
1 year after the date of the enactment of the Clean Air Act Amend-
ments of 1990. Additives shall be tested within 18 months of the date 
of the enactment of the Clean Air Act Amendments of 1990 or 6 
months after the lead substitute additives are identified to the 
Administrator, whichever is later. 
"(3) The Administrator may impose a user fee to recover the costs 
of testing of any fuel additive referred to in this subsection. The fee 
shall be paid by the person proposing to register the fuel additive 
concerned. Such fee shall not exceed $20,000 for a single fuel 
additive. 
"(4) There are authorized to be appropriated to the Administrator 
not more than $1,000,000 for the second full fiscal year after the 
date of the enactment of the Clean Air Act Amendments of 1990 to 
Federal 
Register, 
publication. 
Appropriation 
authorization. 
104 STAT. 2492 
PUBLIC LAW 101-549—NOV. 15, 1990 
establish test procedures and conduct engine tests as provided in 
this subsection. Not more than $500,000 per year is authorized to be 
appropriated for each of the 5 subsequent fiscal years. 
"(5) Any fees collected under this subsection shall be deposited in 
a special fund in the United States Treasury for licensing and other 
services which thereafter shall be available for appropriation, to 
remain available until expended, to carry out the Agency's activities 
for which the fees were collected.". 
SEC. 
2
1
9
. 
REFORMULATED 
GASOLINE 
AND 
OXYGENATED 
GASOLINE. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by 
adding the following at the end thereof: 
"(k) REFORMULATED GASOLINE FOR CONVENTIONAL VEHICLES.— 
"(1) EPA REGULATIONS.—Within 1 year after the enactment 
of the Clean Air Act Amendments of 1990, the Administrator 
shall promulgate regulations under this section establishing 
requirements for reformulated gasoline to be used in gasoline-
fueled vehicles in specified nonattainment areas. Such regula-
tions shall require the greatest reduction in emissions of ozone 
forming volatile organic compounds (during the high ozone 
season) and emissions of toxic air pollutants (during the entire 
year) achievable through the reformulation of conventional 
gasoline, taking into consideration the cost of achieving such 
emission reductions, any nonair-quality and other air-quality 
related health and environmental impacts and energy require-
ments. 
"(2) GENERAL REQUIREMENTS.—The regulations referred to in 
paragraph (1) shall require that reformulated gasoline comply 
with paragraph (3) and with each of the following requirements 
(subject to paragraph (7)): 
"(A) NOj EMISSIONS.—The emissions of oxides of nitrogen 
(NOx) from baseline vehicles when using the reformulated 
gasoline shall be no greater than the level of such emissions 
from such vehicles when using baseline gasoline. If the 
Administrator determines that compliance with the limita-
tion on emissions of oxides of nitrogen under the preceding 
sentence is technically infeasible, considering the other 
requirements applicable under this subsection to such gaso-
line, the Administrator may, as appropriate to ensure 
compliance with this subparagraph, adjust (or waive en-
tirely), any other requirements of this paragraph (including 
the oxygen content requirement contained in subparagraph 
(B)) or any requirements applicable under paragraph (3)(A). 
"(B) OXYGEN CONTENT.—The oxygen content of the gaso-
line shall equal or exceed 2.0 percent by weight (subject to a 
testing tolerance established by the Administrator) except 
as otherwise required by this Act. The Administrator may 
waive, in whole or in part, the application of this subpara-
graph for any ozone nonattainment area upon a determina-
tion by the Administrator that compliance with such 
requirement would prevent or interfere with the attain-
ment by the area of a national primary ambient air quality 
standard. 
"(C) BENZENE CONTENT.—The benzene content of the 
gasoline shall not exceed 1.0 percent by volume. 
"(D) HEAVY METALS.—The gasoline shall have no heavy 
metals, including lead or manganese. The Administrator 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2493 
may waive the prohibition contained in this subparagraph 
for a heavy metal (other than lead) if the Administrator 
determines that addition of the heavy metal to the gasoline 
will not increase, on an aggregate mass or cancer-risk basis, 
toxic air pollutant emissions from motor vehicles. 
"(3) MORE STRINGENT OF FORMULA OR PERFORMANCE STAND-
ARDS.—The regulations referred to in paragraph (1) shall 
require compliance with the more stringent of either the 
requirements set forth in subparagraph (A) or the requirements 
of subparagraph (B) of this paragraph. For purposes of deter-
mining the more stringent provision, clause (i) and clause (ii) of 
subparagraph (B) shall be considered independently. 
"(A) FORMULA.— 
"(i) BENZENE.—The benzene content of the reformu-
lated gasoline shall not exceed 1.0 percent by volume. 
"(ii) AROMATICS.—The aromatic hydrocarbon content 
of the reformulated gasoline shall not exceed 25 per-
cent by volume. 
"(iii) LEAD.—The reformulated gasoline shall have no 
lead content. 
"(iv) DETERGENTS.—The reformulated gasoline shall 
contain additives to prevent the accumulation of de-
posits in engines or vehicle fuel supply systems. 
"(v) OXYGEN CONTENT.—The oxygen content of the > 
reformulated gasoline shall equal or exceed 2.0 percent 
by weight (subject to a testing tolerance established by 
the Administrator) except as otherwise required by this 
Act. 
"(B) PERFORMANCE STANDARD.— 
"(i) VOC EMISSIONS.—During the high ozone season 
(as defined by the Administrator), the aggregate emis-
sions of ozone forming volatile organic compounds from 
baseline vehicles when using the reformulated gasoline 
shall be 15 percent below the aggregate emissions of 
ozone forming volatile organic compounds from such 
vehicles when using baseline gasoline. Effective in cal-
endar year 2000 and thereafter, 25 percent shall be 
substituted for 15 percent in applying this clause, 
except that the Administrator may adjust such 25 per-
cent requirement to provide for a lesser or greater 
reduction based on technological feasibility, consider-
ing the cost of achieving such reductions in VOC emis-
sions. No such adjustment shall provide for less than a 
20 percent reduction below the aggregate emissions of 
such air pollutants from such vehicles when using 
baseline gasoline. The reductions required under this 
clause shall be on a mass basis. 
"(ii) Toxics.—During the entire year, the aggregate 
emissions of toxic air pollutants from baseline vehicles 
when using the reformulated gasoline shall be 15 per-
cent below the aggregate emissions of toxic air pollut-
ants from such vehicles when using baseline gasoline. 
Effective in calendar year 2000 and thereafter, 25 per-
cent shall be substituted for 15 percent in applying this 
clause, except that the Administrator may adjust such 
25 percent requirement to provide for a lesser or 
greater reduction based on technological feasibility. 
104 STAT. 2494 
PUBLIC LAW 101-549—NOV. 15, 1990 
considering the cost of achieving such reductions in 
toxic air pollutants. No such adjustment shall provide 
for less than a 20 percent reduction below the aggre-
gate emissions of such air pollutants from such vehicles 
when using baseline gasoline. The reductions required 
under this clause shall be on a mass basis. 
Any reduction greater than a specific percentage reduction 
required under this subparagraph shall be treated as satisfying 
such percentage reduction requirement. 
"(4) CERTIFICATION PROCEDURES.— 
"(A) REGULATIONS.—The regulations under this subsec-
tion shall include procedures under which the Adminis-
trator shall certify reformulated gsisoline as complying with 
the requirements established pursuant to this subsection. 
Under such regulations, the Administrator shall establish 
procedures for any person to petition the Administrator to 
certify a fuel formulation, or slate of fuel formulations. 
Such procedures shall further require that the Adminis-
trator shall approve or deny such petition within 180 days 
of receipt. If the Administrator fails to act within such 180-
day period, the fuel shall be deemed certified until the 
Administrator completes action on the petition. 
"(B) CERTIFICATION; EQUIVALENCY.—The Administrator 
shall certify a fuel formulation or slate of fuel formulations 
as complying with this subsection if such fuel or fuels— 
"(i) comply with the requirements of paragraph (2), 
and 
"(ii) achieve equivalent or greater reductions in emis-
sions of ozone forming volatile organic compounds and 
emissions of toxic air pollutants than are achieved by a 
reformulated gasoline meeting the applicable require-
ments of paragraph (3). 
"(C) EPA DETERMINATION OF EMISSIONS LEVEL.—Within 1 
year after the enactment of the Clean Air Act Amendments 
of 1990, the Administrator shall determine the level of 
emissions of ozone forming volatile organic compounds and 
emissions of toxic air pollutants emitted by baseline ve-
Regulations. 
hicles when operating on baseline gasoline. For purposes of 
this subsection, within 1 year after the enactment of the 
Clean Air Act Amendments of 1990, the Administrator 
shall, by rule, determine appropriate measures of, and 
methodology for, ascertaining the emissions of air pollut-
ants (including calculations, equipment, and testing toler-
ances). 
"(5) PROHIBITION.—Effective beginning January 1, 1995, each 
of the following shall be a violation of this subsection: 
"(A) The sale or dispensing by any person of conventional 
gasoline to ultimate consumers in any covered area. 
"(B) The sale or dispensing by any refiner, blender, im-
porter, or marketer of conventional gasoline for resale in 
any covered area, without (i) segregating such gasoline from 
reformulated gasoline, and (ii) clearly marking such 
conventional gasoline as "conventional gasoline, not for 
sale to ultimate consumer in a covered area". 
Any refiner, blender, importer or marketer who purchases prop-
erty segregated and marked conventional gasoline, and there-
after labels, represents, or wholesales such gasoline as reformu-
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2495 
Federal 
Register, 
publication. 
lated gasoline shall also be in violation of this subsection. The 
Administrator may impose sampling, testing, and record-
keeping requirements upon any refiner, blender, importer, or 
marketer to prevent violations of this section. 
"(6) OPT-IN AREAS.—(A) Upon the application of the Governor 
of a State, the Administrator shall apply the prohibition set 
forth in paragraph (5) in any area in the State classified under 
subpart 2 of part D of title I as a Marginal, Moderate, Serious, 
or Severe Area (without regard to whether or not the 1980 
population of the area exceeds 250,000). In any such case, the 
Administrator shall establish an effective date for such prohibi-
tion as he deems appropriate, not later than January 1, 1995, or 
1 year after such application is received, whichever is later. The 
Administrator shall publish such application in the Federal 
Register upon receipt. 
(B) If the Administrator determines, on the Administrator's 
own motion or on petition of any person, after consultation with 
the Secretary of Energy, that there is insufficient domestic 
capacity to produce gasoline certified under this subsection, the 
Administrator shall, by rule, extend the effective date of such 
prohibition in Marginal, Moderate, Serious, or Severe Areas 
referred to in subparagraph (A) for one additional year, and 
may, by rule, renew such extension for 2 additional one-year 
periods. The Administrator shall act on any petition submitted 
under this paragraph within 6 months after receipt of the 
petition. The Administrator shall issue such extensions for 
areas with a lower ozone classification before issuing any such 
extension for areas with a higher classification. 
"(7) CREDITS.—(A) The regulations promulgated under this Regulations, 
subsection shall provide for the granting of an appropriate 
amount of credits to a person who refines, blends, or imports 
and certifies a gasoline or slate of gasoline that— 
"(i) has an oxygen content (by weight) that exceeds the 
minimum oxygen content specified in paragraph (2); 
"(ii) has an aromatic hydrocarbon content (by volume) 
that is less than the maximum aromatic hydrocarbon con-
tent required to comply with paragraph (3); or 
"(iii) has a benzene content (by volume) that is less than 
the maximum benzene content specified in paragraph (2). 
"(B) The regulations described in subparagraph (A) shall also 
provide that a person who is granted credits may use such 
credits, or transfer all or a portion of such credits to another 
person for use within the same nonattainment area, for the 
purpose of complying with this subsection. 
"(C) The regulations promulgated under subparagraphs (A) 
and (B) shall ensure the enforcement of the requirements for 
the issuance, application, and transfer of the credits. Such 
regulations shall prohibit the granting or transfer of such cred-
its for use with respect to any gasoline in a nonattainment area, 
to the extent the use of such credits would result in any of the 
following: 
"(i) An average gasoline aromatic hydrocarbon content 
(by volume) for the nonattainment (taking into account all 
gasoline sold for use in conventional gasoline-fueled ve-
hicles in the nonattainment area) higher than the average 
fuel aromatic hydrocarbon content (by volume) that would 
occur in the absence of using any such credits. 
104 STAT. 2496 
PUBLIC LAW 101-549—NOV. 15, 1990 
Regulations. 
"(ii) An average gasoline oxygen content (by weight) for 
the nonattainment area (taking into account all gasoline 
sold for use in conventional gasoline-fueled vehicles in the 
nonattainment area) lower than the average gasoline 
oxygen content (by weight) that would occur in the absence 
of using any such credits. 
"(iii) An average benzene content (by volume) for the 
nonattainment area (taking into account all gasoline sold 
for use in conventional gasoline-fueled vehicles in the non-
attainment area) higher than the average benzene content 
(by volume) that would occur in the absence of using any 
such credits. 
'(8) ANTI-DUMPING RULES.— 
"(A) IN GENERAL.—Within 1 year after the enactment of 
the Clean Air Act Amendments of 1990, the Administrator 
shall promulgate regulations applicable to each refiner, 
blender, or importer of gasoline ensuring that gasoline sold 
or introduced into commerce by such refiner, blender, or 
importer (other than reformulated gasoline subject to the 
requirements of paragraph (1)) does not result in average 
per gallon emissions (measured on a mass basis) of (i) 
volatile organic compounds, (ii) oxides of nitrogen, (iii) 
carbon monoxide, and (iv) toxic air pollutants in excess of 
such emissions of such pollutants attributable to gasoline 
sold or introduced into commerce in calendar year 1990. by 
that refiner, blender, or importer. Such regulations shall 
take effect beginning January 1,1995. 
"(B) ADJUSTMENTS.—In evaluating compliance with the 
requirements of subparagraph (A), the Administrator shall 
make appropriate adjustments to insure that no credit is 
provided for improvement in motor vehicle emissions con-
trol in motor vehicles sold after the calendar year 1990. 
"(C) 
COMPLIANCE DETERMINED FOR 
EACH POLLUTANT 
INDEPENDENTLY.—In determining whether there is an in-
crease in emissions in violation of the prohibition contained 
in subparagraph (A) the Administrator shall consider an 
increase in each air pollutant referred to in clauses (i) 
through (iv) as a separate violation of such prohibition, 
except that the Administrator shall promulgate regulations 
to provide that any increase in emissions of oxides of 
nitrogen resulting from adding oxygenates to gasoline may 
be offset by an equivalent or greater reduction (on a mass 
basis) in emissions of volatile organic compounds, carbon 
monoxide, or toxic air pollutants, or any combination of the 
foregoing. 
"(D) 
COMPLIANCE 
PERIOD.—The Administrator 
shall 
promulgate an appropriate compliance period or appro-
priate compliance periods to be used for assessing compli-
ance with the prohibition contained in subparagraph (A). 
"(E) 
BASEUNE FOR DETERMINING COMPUANCE.—If 
the 
Administrator determines that no adequate and reliable 
data exists regarding the composition of gasoline sold or 
introduced into commerce by a refiner, blender, or importer 
in calendar year 1990, for such refiner, blender, or im-
porter, baseline gasoline shall be substituted for such 1990 
gasoline in determining compliance with subparagraph (A). 
PUBLIC LAW 101-549-NOV. 15, 1990 
104 STAT. 2497 
"(9) EMISSIONS FROM 
ENTIRE VEHICLE.—In applying the 
requirements of this subsection, the Administrator shall take 
into account emissions from the entire motor vehicle, including 
evaporative, running, refueling, and exhaust emissions. 
"(10) DEFINITIONS.—For purposes of this subsection— 
"(A) BASELINE VEHICLES.—The term 'baseline vehicles' 
mean representative model year 1990 vehicles. 
"(B) BASELINE GASOLINE.— 
"(i) SUMMERTIME.—The term 
'baseline gasoline' 
means in the case of gasoline sold during the high 
ozone period (as defined by the Administrator) a gaso-
line which meets the following specifications: 
"BASELINE GASOLINE FUEL PROPERTIES 
API Gravity 
57.4 
Sulfur, ppm 
339 
Benzene, % 
1.53 
RVP, psi 
8.7 
Octane, R+M/2 
87.3 
IBP, F 
91 
10%, F 
128 
50%, F 
218 
90%, F 
330 
End Point, F 
415 
Aromatics, % 
32.0 
Olefins, % 
9.2 
Saturates, % 
58.8 
"(ii) WINTERTIME.—The Administrator shall establish 
the specifications of 'baseline gasoline' for gasoline sold 
at times other than the high ozone period (as defined by 
the Administrator). Such specifications shall be the 
specifications of 1990 industry average gasoline sold 
during such period. 
"(C) TOXIC AIR POLLUTANTS.—The term 'toxic air pollut-
ants' means the aggregate emissions of the following: 
"Benzene 
"1,3 Butadiene 
"Polycyclic organic matter (POM) 
"Acettddehyde 
"Formaldehyde. 
"(D) COVERED AREA.—The 9 ozone nonattainment areas 
having a 1980 population in excess of 250,000 and having 
the highest ozone design value during the period 1987 
through 1989 shall be 'covered areas' for purposes of this 
subsection. Effective one year after the reclassification of 
any ozone nonattainment area as a Severe ozone nonattain-
ment area under section 181(b), such Severe area shall also 
be a 'covered area' for purposes of this subsection. 
"(E) REFORMULATED GASOLINE.—The term 'reformulated gaso-
line' means any gasoline which is certified by the Administrator 
under this section as complying with this subsection. 
"(F) CONVENTIONAL GASOUNE.—The term 'conventional gaso-
line' means any gasoline which does not meet specifications set 
by a certification under this subsection. 
"(1) DETERGENTS.—Effective beginning January 1, 1995, no person 
may sell or dispense to an ultimate consumer in the United States, 
and no refiner or marketer may directly or indirectly sell or dis-
pense to persons who sell or dispense to ultimate consumers in the 
United States any gasoline which does not contain additives to 
prevent the accumulation of deposits in engines or fuel supply 
104 STAT. 2498 
PUBLIC LAW 101-549—NOV. 15, 1990 
Regulations. 
systems. Not later than 2 years after the date of the enactment of 
the Clean Air Act Amendments of 1990, the Administrator shall 
promulgate a rule establishing specifications for such additives. 
"(m) OXYGENATED FUELS.— 
"(1) PLAN REVISIONS FOR GO NONATTAINMENT AREAS.—(A) Each 
State in which there is located all or part of an area which is 
designated under title I as a nonattainment area for carbon 
monoxide and which has a carbon monoxide design value of 9.5 
parts per million (ppm) or above based on data for the 2-year 
period of 1988 and 1989 and calculated according to the most 
recent interpretation methodology issued by the Administrator 
prior to the enactment of the Clean Air Act Amendments of 
1990 shall submit to the Administrator a State implementation 
plan revision under section 110 and part D of title I for such 
area which shall contain the provisions specified under this 
subsection regarding oxygenated gasoline. 
"(B) A plan revision which contains such provisions shall also 
be submitted by each State in which there is located any area 
which, for any 2-year period after 1989 has a carbon monoxide 
design value of 9.5 ppm or above. The revision shall be submit-
ted within 18 months after such 2-year period. 
"(2) OXYGENATED GASOLINE IN GO NONATTAINMENT AREAS.— 
Each plan revision under this subsection shall contain provi-
sions to require that any gasoline sold, or dispensed, to the 
ultimate consumer in the carbon monoxide nonattainment area 
or sold or dispensed directly or indirectly by fuel refiners or 
marketers to persons who sell or dispense to ultimate consum-
ers, in the larger of— 
"(A) the Consolidated Metropolitan Statistical Area 
(CMSA) in which the area is located, or 
"(B) if the area is not located in a CMSA, the Metropoli-
tan Statistical Area in which the area is located, 
be blended, during the portion of the year in which the area is 
prone to high ambient concentrations of carbon monoxide to 
contain not less than 2.7 percent oxygen by weight (subject to a 
testing tolerance established by the Administrator). The portion 
of the year in which the area is prone to high ambient con-
centrations of carbon monoxide shall be as determined by the 
Administrator, but shall not be less than 4 months. At the 
request of a State with respect to any area designated as 
nonattainment for carbon monoxide, the Administrator may 
reduce the period specified in the preceding sentence if the 
State can demonstrate that because of meteorological condi-
tions, a reduced period will assure that there will be no 
exceedances of the carbon monoxide standard outside of such 
reduced period. For areas with a carbon monoxide design value 
of 9.5 ppm or more of the date of enactment of the Clean Air Act 
Amendments of 1990, the revision shall provide that such 
requirement shall take effect no later than November 1, 1992, 
(or at such other date during 1992 as the Administrator estab-
lishes under the preceding provisions of this paragraph). For 
other areas, the revision shall provide that such requirement 
shall take effect no later than November 1 of the third year 
after the last year of the applicable 2-year period referred to in 
paragraph (1) (or at such other date during such third year as 
the Administrator establishes under the preceding provisions of 
this paragraph) and shall include a program for implementation 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2499 
and enforcement of the requirement consistent with guidance to 
be issued by the Administrator. 
"(3) WAIVERS.—(A) The Administrator shall waive, in whole 
or in part, the requirements of paragraph (2) upon a demonstra-
tion by the State to the satisfaction of the Administrator that 
the use of oxygenated gasoline would prevent or interfere with 
the attainment by the area of a national primary ambient air 
quality standard (or a State or local ambient air quality stand-
ard) for any air pollutant other than carbon monoxide. 
"(B) The Administrator shall, upon demonstration by the 
State satisfactory to the Administrator, waive the requirement 
of paragraph (2) where the Administrator determines that 
mobile sources of carbon monoxide do not contribute signifi-
cantly to carbon monoxide levels in an area. 
"(CXi) Any person may petition the Administrator to make a 
finding that there is, or is likely to be, for any area, an inad-
equate domestic supply of, or distribution capacity for, 
oxygenated gasoline meeting the requirements of paragraph (2) 
or fuel additives (oxygenates) necessary to meet such require-
ments. The Administrator shall act on such petition within 6 
months after receipt of the petition. 
"(ii) If the Administrator determines, in response to a petition Effective date, 
under clause (i), that there is an inadequate supply or capacity 
described in clause (i), the Administrator shall delay the effec-
tive date of paragraph (2) for 1 year. Upon petition, the 
Administrator may extend such effective date for one additional 
year. No partial delay or lesser waiver may be granted under 
this clause. 
"(iii) In granting waivers under this subparagraph the 
Administrator shall consider distribution capacity separately 
from the adequacy of domestic supply and shall grant such 
waivers in such manner as will assure that, if supplies of 
oxygenated gasoline are limited, areas having the highest 
design value for carbon monoxide will have a priority in obtain-
ing oxygenated gasoline which meets the requirements of para-
graph (2). 
"(iv) As used in this subparagraph, the term distribution 
capacity includes capacity for transportation, storage, and 
blending. 
"(4) 
FUEL 
DISPENSING 
SYSTEMS.—Any 
person 
selling Regulations, 
oxygenated gasoline at retail pursuant to this subsection shall 
be required under regulations promulgated by the Adminis-
trator to label the fuel dispensing system with a notice that the 
gasoline is oxygenated and will reduce the carbon monoxide 
emissions from the motor vehicle. 
"(5) GuiDEUNES FOR CREDIT.—The Administrator 
shall 
promulgate guidelines, within 9 months after the date of the 
enactment of the Clean Air Act Amendments of 1990, allowing 
the use of marketable oxygen credits from gasolines during that 
portion of the year specified in paragraph (2) with higher 
oxygen content than required to offset the sale or use of gaso-
line with a lower oxygen content than required. No credits may 
be transferred between nonattainment areas. 
"(6) ATTAINMENT AREAS.—Nothing in this subsection shall be 
interpreted as requiring an oxygenated gasoline program in an 
area which is in attainment for carbon monoxide, except that in 
a carbon monoxide nonattainment area which is redesignated 
104 STAT. 2500 
PUBLIC LAW 101-549—NOV. 15, 1990 
as attainment for carbon monoxide, the requirements of this 
subsection shall remain in effect to the extent such program is 
necessary to maintain such standard thereafter in the area. 
"(7) FAILURE TO ATTAIN CO STANDARD.—If the Administrator 
determines under section 186(bX2) that the national primary 
ambient air quality standard for carbon monoxide has not been 
attained in a Serious Area by the applicable attainment date, 
the State shall submit a plan revision for the area within 9 
months after the date of such determination. The plan revision 
shall provide that the minimum oxygen content of gasoline 
referred to in paragraph (2) shall be 3.1 percent by weight 
unless such requirement is waived in accordance with the provi-
sions of this subsection.". 
SEC. 220. LEAD PHASEDOWN. 
42 use 7545. 
Section 211 of the Clean Air Act is amended by adding the 
following new subsection at the end thereof: 
"(n) PROHIBITION ON LEADED GASOLINE FOR HIGHWAY USE.—After 
December 31, 1995, it shall be unlawful for any person to sell, offer 
for sale, supply, offer for supply, dispense, transport, or introduce 
into commerce, for use as fuel in any motor vehicle (as defined in 
section 219(2)) any gasoline which contains lead or lead additives.". 
SEC. 221. FUEL AND FUEL ADDITIVE IMPORTERS. 
Section 211 of the Clean Air Act is amended by adding the 
following new subsection at the end thereof: 
"(o) FUEL AND FUEL ADDITIVE IMPORTERS AND IMPORTATION.—For 
the purposes of this section, the term 'manufacturer' includes an 
importer and the term 'manufacture' includes importation.". 
SEC. 
222. 
NONROAD 
ENGINES 
AND 
VEHICLES. 
(a) EMISSION STANDARDS.—Section 213 of the Clean Air Act (42 
U.S.C. 7547) is amended to read as follows: 
"SEC. 
2
1
3
. 
NONROAD 
ENGINES 
AND 
VEHICLES. 
"(a) EMISSIONS STANDARDS.—(1) The Administrator shall conduct a 
study of emissions from nonroad engines and nonroad vehicles 
(other than locomotives or engines used in locomotives) to determine 
if such emissions cause, or significantly contribute to, air pollution 
which may reasonably be anticipated to endanger public health or 
welfare. Such study shall be completed within 12 months of the date 
of the enactment of the Clean Air Act Amendments of 1990. 
"(2) After notice and opportunity for public hearing, the Adminis-
trator shall determine within 12 months after completion of the 
study under paragraph (1), based upon the results of such study, 
whether emissions of carbon monoxide, oxides of nitrogen, and 
volatile organic compounds from new and existing nonroad engines 
or nonroad vehicles (other than locomotives or engines used in 
locomotives) are significant contributors to ozone or carbon mon-
oxide concentrations in more than 1 area which has failed to attain 
the national ambient air quality standards for ozone or carbon 
monoxide. Such determination shall be included in the regulations 
under paragraph (3). 
Regulations. 
"(3) If the Administrator makes an affirmative determination 
under par£igraph (2) the Administrator shall, within 12 months after 
completion of the study under paragraph (1), promulgate (and from 
time to time revise) regulations containing standards applicable to 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2501 
emissions from those classes or categories of new nonroad engines 
and new nonroad vehicles (other than locomotives or engines used in 
locomotives) which in the Administrator's judgment cause, or 
contribute to, such air pollution. Such standards shall achieve the 
greatest degree of emission reduction achievable through the ap-
plication of technology which the Administrator determines will be 
available for the engines or vehicles to which such standards apply, 
giving appropriate consideration to the cost of applying such tech-
nology within the period of time available to manufacturers and to 
noise, energy, and safety factors associated with the application of 
such technology. In determining what degree of reduction will be 
available, the Administrator shall first consider standards equiva-
lent in stringency to standards for comparable motor vehicles or 
engines (if any) regulated under section 202, taking into account the 
technological feasibility, costs, safety, noise, and energy factors 
associated with achieving, as appropriate, standards of such strin-
gency and lead time. The regulations shall apply to the useful life of 
the engines or vehicles (as determined by the Administrator). 
"(4) If the Administrator determines that any emissions not re-
ferred to in paragraph (2) from new nonroad engines or vehicles 
significantly contribute to air pollution which may reasonably be 
anticipated to endanger public health or welfare, the Administrator 
may promulgate (and from time to time revise) such regulations as 
the Administrator deems appropriate containing standards ap-
plicable to emissions from those classes or categories of new nonroad 
engines and new nonroad vehicles (other than locomotives or en-
gines used in locomotives) which in the Administrator's judgment 
cause, or contribute to, such air pollution, taking into account costs, 
noise, safety, and energy factors associated with the application of 
technology which the Administrator determines will be available for 
the engines and vehicles to which such standards apply. The regula-
tions shall apply to the useful life of the engines or vehicles (as 
determined by the Administrator). 
"(5) Within 5 years after the enactment of the Clean Air Act Regulations. 
Amendments of 1990, the Administrator shall promulgate regula-
tions containing standards applicable to emissions from new loco-
motives and new engines used in locomotives. Such standards shall 
achieve the greatest degree of emission reduction achievable 
through the application of technology which the Administrator 
determines will be available for the locomotives or engines to which 
such standards apply, giving appropriate consideration to the cost of 
applying such technology within the period of time available to 
manufacturers and to noise, energy, and safety factors associated 
with the application of such technology. 
"(b) EFFECTIVE DATE.—Standards under this section shall take 
effect at the earliest possible date considering the lead time nec-
essary to permit the development and application of the requisite 
technology, giving appropriate consideration to the cost of compli-
ance within such period and energy and safety. 
"(c) SAFE CONTROLS.—Effective with respect to new engines or 
vehicles to which standards under this section apply, no emission 
control device, system, or element of design shall be used in such a 
new nonroad engine or new nonroad vehicle for purposes of comply-
ing with such standards if such device, system, or element of design 
will cause or contribute to an unreasonable risk to public health, 
welfare, or safety in its operation or function. In determining 
104 STAT. 2502 
PUBLIC LAW 101-549—NOV. 15, 1990 
whether an unreasonable risk exists, the Administrator shall con-
sider factors including those described in section 202(a)(4)(B). 
"(d) ENFORCEMENT.—The standards under this section shall be 
subject to sections 206, 207, 208, and 209, with such modifications of 
the applicable regulations implementing such sections as the 
Administrator deems appropriate, and shall be enforced in the same 
Regulations. 
manner as standards prescribed under section 202. The Adminis-
trator shall revise or promulgate regulations as may be necessary to 
determine compliance with, and enforce, standards in effect under 
this section.". 
(b) STATE STANDARDS.—Section 209 of the Clean Air Act (42 U.S.C. 
7543) is amended by adding the following at the end thereof: 
"(e) NONROAD ENGINES OR VEHICLES.— 
"(1) PROHIBITION ON CERTAIN STATE STANDARDS.—No State or 
any political subdivision thereof shall adopt or attempt to en-
force any standard or other requirement relating to the control 
of emissions from either of the following new nonroad engines 
or nonroad vehicles subject to regulation under this Act— 
"(A) New engines which are used in construction equip-
ment or vehicles or used in farm equipment or vehicles and 
which are smaller than 175 horsepower. 
"(B) New locomotives or new engines used in locomotives. 
Subsection (h) shall not apply for purposes of this paragraph. 
California. 
"(2) OTHER NONROAD ENGINES OR VEHICLES.—(A) In the case of 
any nonroad vehicles or engines other than those referred to in 
subparagraph (A) or (B) of paragraph (1), the Administrator 
shall, after notice and opportunity for public hearing, authorize 
California to adopt and enforce standards and other require-
ments relating to the control of emissions from such vehicles or 
engines if California determines that California standards will 
be, in the aggregate, at least as protective of public health and 
welfare as applicable Federal standards. No such authorization 
shall be granted if the Administrator finds that— 
"(i) the determination of California is arbitrary and capri-
cious, 
"(ii) California does not need such California standards to 
meet compelling and extraordinary conditions, or 
"(iii) California standards and accompanying enforce-
ment procedures are not consistent with this section. 
"(B) Any State other than California which has plan provi-
sions approved under part D of title I may adopt and enforce, 
after notice to the Administrator, for any period, standards 
relating to control of emissions from nonroad vehicles or en-
gines (other than those referred to in subparagraph (A) or (B) of 
paragraph (1)) and take such other actions as are referred to in 
subparagraph (A) of this paragraph respecting such vehicles or 
engines if— 
"(i) such standards and implementation and enforcement 
are identical, for the period concerned, to the California 
standards authorized by the Administrator under subpara-
graph (A), and 
"(ii) California and such State adopt such standards at 
le£ist 2 years before commencement of the period for which 
the standards take effect. 
Regulations. 
The Administrator shall issue regulations to implement this 
subsection.". 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2503 
SEC. 223. NEW TITLE II DEFINITIONS. 
(a) ADDITIONAL DEFINITIONS.—Section 216 of the Clean Air Act (42 
U.S.C. 7550) is amended by adding the following at the end thereof: 
"iV VEHICLE CURB WEIGHT, GROSS VEHICLE WEIGHT RATING, 
LIGHT-DUTY TRUCK, UGHT-DUTY VEHICLE, AND L
O
A
D
E
D VEHICLE 
WEIGHT.—The terms 'vehicle curb weight', 'gross vehicle weight 
rating' (GVWR), 'light-duty truck' (LDT), light-duty vehicle, and 
'loaded vehicle weight' (LVW) have the meaning provided in 
regulations promulgated by the Administrator and in effect as 
of the enactment of the Clean Air Act Amendments of 1990. The 
abbreviations in parentheses corresponding to any term re-
ferred to in this paragraph shall have the same meaning as the 
corresponding term. 
"(8) TEST WEIGHT.—The term 'test weight' and the abbrevia-
tion 'tw' mean the vehicle curb weight added to the gross 
vehicle weight rating (gvwr) and divided by 2. 
"(9) MOTOR VEHICLE OR ENGINE PART MANUFACTURER.—The 
term 'motor vehicle or engine part manufacturer' as used in 
sections 207 and 208 means any person engaged in the manufac-
turing, assembling or rebuilding of any device, system, part, 
component or element of design which is installed in or on 
motor vehicles or motor vehicle engines. 
"(10) NoNROAD ENGINE.—The term 'nonroad engine' means 
an internal combustion engine (including the fuel system) that 
is not used in a motor vehicle or a vehicle used solely for 
competition, or that is not subject to standards promulgated 
under section 111 or section 202. 
"(11) NoNROAD VEHICLE.—The term 'nonroad vehicle' means a 
vehicle that is powered by a nonroad engine and that is not a 
motor vehicle or a vehicle used solely for competition.". 
(b) DEFINITION OF MANUFACTURER.—Paragraph (1) of section 216 
of the Clean Air Act (42 U.S.C. 7550) is amended by striking out 
"new motor vehicles or new motor vehicle engines" every place it 
occurs and inserting "new motor vehicles, new motor vehicle en-
gines, new nonroad vehicles or new nonroad engines". 
SEC. 224. HIGH ALTITUDE TESTING. 
Section 215 of the Clean Air Act (42 U.S.C. 7549) is amended by 
adding the following at the end thereof: 
"(e) 
HIGH 
ALTITUDE TESTING.—(1) The Administrator 
shall 
promptly establish at least one testing center (in addition to the 
testing centers existing on the date of the enactment of the Clean 
Air Act Amendments of 1990) located at a site that represents high 
altitude conditions, to ascertain in a reasonable manner whether, 
when in actual use throughout their useful life (as determined 
under section 202(d)), each class or category of vehicle and engines to 
which regulations under section 202 apply fconforms to the emissions 
standards established by such regulations. For purposes of this 
subsection, the term 'high altitude conditions' refers to high altitude 
as defined in regulations of the Administrator in effect as of the date 
of the enactment of the Clean Air Act Amendments of 1990. 
"(2) The Administrator, in cooperation with the Secretary of Establishment 
Energy and the Administrator of the Urban Mass Transportation 
Administration, and such other agencies as the Administrator 
deems appropriate, shall establish a research and technology assess-
ment center to provide for the development and evaluation of less-
polluting heavy-duty engines and fuels for use in buses, heavy-duty 
Motor vehicles. 
E^stablishment. 
104 STAT. 2504 
PUBLIC LAW 101-549—NOV. 15, 1990 
trucks, and non-road engines and vehicles, which shall be located at 
a high-altitude site that represents high-altitude conditions. In 
establishing and funding such a center, the Administrator shall give 
preference to proposals which provide for local cost-sharing of facili-
ties and recovery of costs of operation through utilization of such 
facility for the purposes of this section. 
"(3) The Administrator shall designate at least one center at high-
altitude conditions to provide research on after-market emission 
components, dual-fueled vehicles and conversion kits, the effects of 
tampering on emissions equipment, testing of alternate fuels and 
conversion kits, and the development of curricula, training courses, 
and materials to maximize the effectiveness of inspection and 
maintenance programs as they relate to promoting effective control 
of vehicle emissions at high-altitude elevations. Preference shall be 
given to existing vehicle emissions testing and research centers that 
have established reputations for vehicle emissions research and 
development and training, and that possess in-house Federal Test 
Procedure capacity.". 
SEC. 
2
2
5
. 
COMPLIANCE 
PROGRAM 
FEES. 
Part A of title II of the Clean Air Act is amended by adding the 
following new section at the end thereof: 
42 use 7552. 
"SEC. 217. MOTOR VEHICLE COMPLIANCE PROGRAM FEES. 
"(a) FEE COLLECTION.—Consistent with section 9701 of title 31, 
United States Code, the Administrator may promulgate (and from 
time to time revise) regulations establishing fees to recover all 
reasonable costs to the Administrator associated with— 
"(1) new vehicle or engine certification under section 206(a) or 
parte, 
"(2) new vehicle or engine compliance monitoring and testing 
under section 206(b) or part C, and 
"(3) in-use vehicle or engine compliance monitoring and test-
ing under section 207(c) or part C. 
Manufacturers. 
The Administrator may establish for all foreign and domestic manu-
facturers a fee schedule based on such factors as the Administrator 
finds appropriate and equitable and nondiscriminatory, including 
the number of vehicles or engines produced under a certificate of 
conformity. In the case of heavy-duty engine and vehicle manufac-
turers, such fees shall not exceed a reasonable amount to recover an 
appropriate portion of such reasonable costs. 
"(b) SPECIAL TREASURY FUND.—Any fees collected under this sec-
tion shall be deposited in a special fund in the United States 
Treasury for licensing and other services which thereafter shall be 
available for appropriation, to remain available until expended, to 
carry out the Agency's activities for which the fees were collected. 
"(c) LIMITATION ON FUND USE.—Moneys in the special fund re-
ferred to in subsection (b) shall not be used until after the first fiscal 
year commencing after the first July 1 when fees are paid into the 
fund. 
"(d) ADMINISTRATOR'S 
TESTING AUTHORITY.—Nothing in this 
subsection shall be construed to limit the Administrator's authority 
to require manufacturer or confirmatory testing as provided in this 
part.". 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2505 
SEC. 226. PROHIBITION ON 
PRODUCTION OF 
ENGINES REQUIRING 
LEADED GASOLINE. 
Part A of title II of the Clean Air Act is amended by adding the 
following new section after section 217: 
"SEC. 218. PROHIBITION ON PRODUCTION OF ENGINES REQUIRING 42 USC 7553. 
LEADED GASOLINE. 
"The Administrator shall promulgate regulations applicable to Regulations, 
motor vehicle engines and nonroad engines manufactured after 
model year 1992 that prohibit the manufacture, sale, or introduction 
into commerce of any engine that requires leaded gasoline.". 
SEC. 227. URBAN BUSES. 
Part A of title II of the Clean Air Act is amended by adding the 
following new section after section 218: 
'SEC. 219. URBAN BUS STANDARDS. 
42 USC 7554. 
"(a) STANDARDS FOR MODEL YEARS AFTER 1993.—Not later than Regulations. 
January 1, 1992, the Administrator shall promulgate regulations 
under section 202(a) applicable to urban buses for the model year 
1994 and thereafter. Such standards shall be based on the best 
technology that can reasonably be anticipated to be available at the 
time such measures are to be implemented, taking costs, safety, 
energy, lead time, and other relevant factors into account. Such 
regulations shall require that such urban buses comply with the 
provisions of subsection (b) of this section (and subsection (c) of this 
subsection, if applicable) in addition to compliance with the stand-
ards applicable under section 202(a) for heavy-duty vehicles of the 
same type and model year. 
"(b) PM STANDARD.— 
"(1) 50 PERCENT REDUCTION.—The Standards under section 
202(a) applicable to urban buses shall require that, effective for 
the model year 1994 and thereafter, emissions of particulate 
matter (PM) from urban buses shall not exceed 50 percent of the 
emissions of particulate matter (PM) allowed under the emis-
sion standard applicable under section 202(a) as of the date of 
the enactment of the Clean Air Act Amendments of 1990 for 
particulate matter (PM) in the case of heavy-duty diesel vehicles 
and engines manufactured in the model year 1994. 
"(2) REVISED REDUCTION.—The Administrator shall increase 
the level of emissions of particulate matter allowed under the 
standard referred to in paragraph (1) if the Administrator 
determines that the 50 percent reduction referred to in para-
graph (1) is not technologically achievable, taking into account 
durability, costs, lead time, safety, and other relevant factors. 
The Administrator may not increase such level of emissions 
above 70 percent of the emissions of particulate matter (PM) 
allowed under the emission standard applicable under section 
202(a) as of the date of the enactment of the Clean Air Act 
Amendments of 1990 for particulate matter (PM) in the case of 
heavy-duty diesel vehicles and engines manufactured in the 
model year 1994. 
"(3) DETERMINATION AS PART OF RULE,—As part of the rule-
making under subsection (a), the Administrator shall make a 
determination as to whether the 50 percent reduction referred 
to in paragraph (1) is technologically achievable, taking into 
104 STAT. 2506 
PUBLIC LAW 101-549—NOV. 15, 1990 
account durability, costs, lead time, safety, and other relevant 
factors. 
"(c) LOW-POLLUTING FUEL REQUIREMENT.— 
"(1) ANNUAL TESTING.—Beginning with model year 1994 
buses, the Administrator shall conduct annual tests of a rep-
resentative sample of operating urban buses subject to the 
particulate matter (PM) standard applicable pursuant to subsec-
tion (b) to determine whether such buses comply with such 
standard in use over their full useful life. 
"(2) 
PROMULGATION OF ADDITIONAL LOW-POLLUTING FUEL 
REQUIREMENT.—(A) If the Administrator determines, based on 
the testing under paragraph (1), that urban buses subject to the 
particulate matter (PM) standard applicable pursuant to subsec-
tion (b) do not comply with such standard in use over their full 
useful life, he shall revise the standards applicable to such buses 
to require (in addition to compliance with the PM standard 
applicable pursuant to subsection (b)) that all new urban buses 
purchased or placed into service by owners or operators of 
urban buses in all metropolitan statistical areas or consolidated 
metropolitan statistical areas with a 1980 population of 750,000 
or more shall be capable of operating, and shall be exclusively 
operated, on low-polluting fuels. The Administrator shall estab-
lish the pass-fail rate for purposes of testing under this subpara-
graph. 
"(B) The Administrator shall promulgate a schedule phasing 
in any low-polluting fuel requirement established pursuant to 
this paragraph to an increasing percentage of new urban buses 
purchased or placed into service in each of the first 5 model 
years commencing 3 years after the determination under 
subparagraph (A). Under such schedule 100 percent of new 
urban buses placed into service in the fifth model year 
commencing 3 years after the determination under subpara-
graph (A) shall comply with the low-polluting fuel requirement 
established pursuant to this paragraph. 
"(C) The Administrator may extend the requirements of this 
paragraph to metropolitan statistical areas or consolidated 
metropolitan statistical areas with a 1980 population of less 
than 750,000, if the Administrator determines that a significant 
benefit to public health could be expected to result from such 
extension. 
Regulations. 
"(d) RETROFIT REQUIREMENTS.—Not later than 12 months after the 
enactment of the Clean Air Act Amendments of 1990, the Adminis-
trator shall promulgate regulations under section 202(a) requiring 
that urban buses which— 
"(1) are operating in areas referred to in subparagraph (A) of 
subsection (c)(2) (or subparagraph (C) of subsection (c)(2) if the 
Administrator has taken action under that subparagraph); 
"(2) were not subject to standards in effect under the regula-
tions under subsection (a); and 
"(3) have their engines replaced or rebuilt after January 1, 
1995, 
shall comply with an emissions standard or emissions control tech-
nology requirement established by the Administrator in such regu-
lations. Such emissions standard or emissions control technology 
requirement shall reflect the best retrofit technology and mainte-
nance practices reasonably achievable. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2507 
"(e) PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT.—The Buses. 
Administrator shall establish, within 18 months after the enactment 
of the Clean Air Act Amendments to 1990, and in accordance vsdth 
section 206(h), procedures for the administration and enforcement of 
standards for buses subject to standards under this section, testing 
procedures, sampling protocols, in-use compliance requirements, 
and criteria governing evaluation of buses. Procedures for testing 
(including, but not limited to, certification testing) shall reflect 
actual operating conditions. 
"(f) DEFINITIONS.—For purposes of this section— 
"(1) URBAN BUS.—The term 'urban bus' has the meaning 
provided under regulations of the Administrator promulgated 
under section 202(a). 
"(2) LOW-POLLUTING FUEL.—The term 'low-polluting fuel' 
means methanol, ethanol, propane, or natural gas, or any com-
parably low-polluting fuel. In determining whether a fuel is 
comparably low-polluting, the Administrator shall consider 
both the level of emissions of air pollutants from vehicles using 
the fuel and the contribution of such emissions to ambient 
levels of air pollutants. For purposes of this paragraph, the term 
'methanol' includes any fuel which contains at least 85 percent 
methanol unless the Administrator increases such percentage 
as he deems appropriate to protect public health and welfare." 
(b) CONFORMING AMENDMENT.—Section 202(aX4) of the Clean Air 
Act (42 U.S.C. 7521(aX4)) is amended by striking out "standards 
prescribed under this subsection" every place it occurs and inserting 
"requirements prescribed under this title". 
SEC. 228. ENFORCEMENT. 
(a) INSPECTIONS AND TESTING.—Section 203(aX2) of the Clean Air 
Act (42 U.S.C. 7522(aX2)) is amended to read as follows: 
"(2XA) for any person to fail or refuse to permit access to or 
copying of records or to fail to make reports or provide informa-
tion required under section 208; 
"(B) for any person to fail or refuse to permit entry, testing or 
inspection authorized under section 206(c) or section 208; 
"(C) for any person to fail or refuse to perform tests, or have 
tests performed as required under section 208; 
"(D) for any manufacturer to fail to make information avail-
able as provided by regulation under section 202(mX5);". 
(b) TAMPERING WITH VEHICLE EMISSION CONTROLS.—(1) Section 
203(aX3) (42 U.S.C. 7522(aX3)) is amended to read as follows: 
"(3XA) for any person to remove or render inoperative any 
device or element of design installed on or in a motor vehicle or 
motor vehicle engine in compliance with regulations under this 
title prior to its sale and delivery to the ultimate purchaser, or 
for any person knowingly to remove or render inoperative any 
such device or element of design after such sale and delivery to 
the ultimate purchaser; or 
"(B) for any person to manufacture or sell, or offer to sell, or 
install, any part or component intended for use with, or as part 
of, any motor vehicle or motor vehicle engine, where a principal 
effect of the part or component is to bypass, defeat, or render 
inoperative any device or element of design installed on or in a 
motor vehicle or motor vehicle engine in compliance with regu-
lations under this title, and where the person knows or should 
104 STAT. 2508 
PUBLIC LAW 101-549—NOV. 15, 1990 
know that such part or component is being offered for sale or 
installed for such use or put to such use; or". 
(2) At the end of section 203(a) (42 U.S.C. 7522(a)) insert the 
following: "No action with respect to any device or element of design 
referred to in paragraph (3) shall be treated as a prohibited act 
under that paragraph if (i) the action is for the purpose of repair or 
replacement of the device or element, or is a necessary and tem-
porary procedure to repair or replace any other item and the device 
or element is replaced upon completion of the procedure, and (ii) 
such action thereafter results in the proper functioning of the device 
or element referred to in paragraph (3). No action with respect to 
any device or element of design referred to in paragraph (3) shall be 
treated as a prohibited act under that paragraph if the action is for 
the purpose of a conversion of a motor vehicle for use of a clean 
alternative fuel (as defined in this title) and if such vehicle complies 
with the applicable standard under section 202 when operating on 
such fuel, and if in the case of a clean alternative fuel vehicle (as 
defined by rule by the Administrator), the device or element is 
replaced upon completion of the conversion procedure and such 
action results in proper functioning of the device or element when 
the motor vehicle operates on conventional fuel.". 
(c) CIVIL AND ADMINISTRATIVE PENALTIES.—Section 205 of the 
Clean Air Act (42 U.S.C. 7524) is amended to read as follows: 
"SEC. 205. CIVIL PENALTIES. 
"(a) VIOLATIONS.—Any person who violates sections 203(a)(1), 
203(aX4), or 203(aX5) or any manufacturer or dealer who violates 
section 203(aX3XA) shall be subject to a civil penalty of not more 
than $25,000. Any person other than a manufacturer or dealer who 
violates section 203(aX3)(A) or any person who violates section 
203(aX3)(B) shall be subject to a civil penalty of not more than 
$2,500. Any such violation with respect to paragraph (1), (3XA), or (4) 
of section 203(a) shall constitute a separate offense with respect to 
each motor vehicle or motor vehicle engine. Any such violation with 
respect to section 203(aX3XB) shall constitute a separate offense with 
respect to each part or component. Any person who violates section 
203(aX2) shall be subject to a civil penalty of not more than $25,000 
per day of violation. 
"(b) CIVIL ACTIONS.—The Administrator may commence a civil 
action to sissess and recover any civil penalty under subsection (a) of 
this section, section 211(d), or section 213(d). Any action under this 
subsection may be brought in the district court of the United States 
for the district in which the violation is alleged to have occurred or 
in which the defendant resides or has the Administrator's principal 
place of business, and the court shall have jurisdiction to assess a 
civil penalty. In determining the amount of any civil pensilty to be 
assessed under this subsection, the court shall take into account the 
gravity of the violation, the economic benefit or savings (if any) 
resulting from the violation, the size of the violator's business, the 
violator's history of compliance with this title, action taken to 
remedy the violation, the effect of the penalty on the violator's 
ability to continue in business, and such other matters as justice 
may require. In any such action, subpoenas for witnesses who are 
required to attend a district court in any district may run into any 
other district. 
"(c) ADMINISTRATIVE ASSESSMENT OF CERTAIN PENALTIES.— 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2509 
"(1) 
ADMINISTRATIVE 
PENALTY 
AUTHORITY.—In 
lieu of 
commencing a civil action under subsection (b), the Adminis-
trator may assess any civil penalty prescribed in subsection (a) 
of this section, section 211(d), or section 213(d), except that the 
maximum amount of penalty sought against each violator in a 
penalty assessment proceeding shall not exceed $200,000, unless 
the Administrator and the Attorney General jointly determine 
that a matter involving a larger penalty amount is appropriate 
for administrative penalty assessment. Any such determination 
by the Administrator and the Attorney General shall not be 
subject to judicial review. Assessment of a civil penalty under 
this subsection shall be by an order made on the record after 
opportunity for a hearing in accordance with sections 554 and 
556 of title 5 of the United States Code. The Administrator shall Regulations, 
issue reasonable rules for discovery and other procedures for 
hearings under this paragraph. Before issuing such an order, 
the Administrator shall give written notice to the person to be 
assessed an administrative penalty of the Administrator's pro-
posal to issue such order and provide such person an oppor-
tunity to request such a hearing on the order, within 30 days of 
the date the notice is received by such person. The Adminis-
trator may compromise, or remit, with or without conditions, 
any administrative penalty which may be imposed under this 
section. 
"(2) DETERMINING AMOUNT.—In determining the amount of 
any civil penalty assessed under this subsection, the Adminis-
trator shall take into account the gravity of the violation, the 
economic benefit or savings (if any) resulting from the violation, 
the size of the violator's business, the violator's history of 
compliance with this title, action taken to remedy the violation, 
the effect of the penalty on the violator's ability to continue in 
business, and such other matters as justice may require. 
"(3) EFFECT OF ADMINISTRATOR'S ACTION.—(A) Action by the 
Administrator under this subsection shall not affect or limit the 
Administrator's authority to enforce any provision of this Act; 
except that any violation, 
"(i) with respect to which the Administrator has com-
menced and is diligently prosecuting an action under this 
subsection, or 
"(ii) for which the Administrator has issued a final order 
not subject to further judicial review and the violator has 
paid a penalty assessment under this subsection, 
shall not be the subject of civil penalty action under subsection 
(b). 
"(B) No action by the Administrator under this subsection 
shall affect any person's obligation to comply with any section 
of this Act. 
"(4) FiNAUTY OF ORDER.—An order issued under this subsec-
tion shall become final 30 days after its issuance unless a 
petition for judicial review is filed under paragraph (5). 
"(5) JUDICIAL REVIEW.—Any person against whom a civil pen-
alty is assessed in accordance with this subsection may seek 
review of the assessment in the United States District Court for 
the District of Columbia, or for the district in which the viola-
tion is alleged to have occurred, in which such person resides, or 
where such person's principal place of business is located, 
within the 30-day period beginning on the date a civil penalty 
39-194 O - 91 - 7 : QL 3 Part 4 
104 STAT. 2510 
PUBLIC LAW 101-549—NOV. 15, 1990 
order is issued. Such person shall simultaneously send a copy of 
the filing by certified mail to the Administrator and the Attor-
ney General. The Administrator shall file in the court a cer-
tified copy, or certified index, as appropriate, of the record on 
which the order was issued within 30 days. The court shall not 
set aside or remand any order issued in accordance with the 
requirements of this subsection unless there is not substantial 
evidence in the record, taken as a whole, to support the finding 
of a violation or unless the Administrator's assessment of the 
penalty constitutes an abuse of discretion, and the court shall 
not impose additional civil penalties unless the Administrator's 
assessment of the penalty constitutes an abuse of discretion. In 
any proceedings, the United States may seek to recover civil 
penalties assessed under this section. 
"(6) COLLECTION.—If any person fails to pay an assessment of 
a civil penalty imposed by the Administrator as provided in this 
subsection— 
"(A) after the order making the gissessment has become 
final, or 
"(B) after a court in an action brought under parsigraph 
(5) has entered a final judgment in favor of the Adminis-
trator, 
the Administrator shall request the Attorney General to bring a 
civil action in an appropriate district court to recover the 
amount assessed (plus interest at rates established pursuant to 
section 6621(a)(2) of the Internal Revenue Code of 1986 from the 
date of the final order or the date of the final judgment, as the 
case may be). In such an action, the validity, amount, and 
appropriateness of the penalty shall not be subject to review. 
Any person who fails to pay on a timely basis the amount of an 
assessment of a civil penalty as described in the first sentence of 
this paragraph shall be required to pay, in addition to that 
amount and interest, the United States' enforcement expenses, 
including attorneys fees and costs for collection proceedings, 
and a quarterly nonpayment penalty for each quarter during 
which such failure to pay persists. The nonpayment penalty 
shall be in an amount equal to 10 percent of the aggregate 
amount of that person's penalties and nonpa5mient penalties 
which are unpaid as of the beginning of such quarter.". 
(d) ENFORCEMENT OF FUELS REGULATIONS.—Section 211(d) of the 
Clean Air Act (42 U.S.C. 7545(d)) is amended to read as follows: 
"(d) PENALTIES AND INJUNCTIONS.— 
"(1) CIVIL PENALTIES.—Any person who violates subsection (a), 
(f), (g), (k), (1), (m), or (n) of this section or the regulations 
prescribed under subsection (c), (h), (i), (k), (1), (m), or (n) of this 
section or who fails to furnish any information or conduct any 
tests required by the Administrator under subsection (b) of this 
section shall be liable to the United States for a civil penalty of 
not more than the sum of $25,000 for every day of such violation 
and the amount of economic benefit or savings resulting from 
the violation. Any violation with respect to a regulation pre-
scribed under subsection (c), (k), (1), or (m) of this section which 
establishes a regulatory standard based upon a multiday aver-
aging period shall constitute a separate day of violation for each 
and every day in the averaging period. Civil penalties shall be 
assessed in accordance with subsections (b) and (c) of section 205. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2511 
"(2) INJUNCTIVE AUTHORITY.—The district courts of the United 
States shall have jurisdiction to restrain violations of subsec-
tions (a), (f), (g), (k), (1), (m), and (n) of this section and of the 
regulations prescribed under subsections (c), (h), (i), (k), (1), (m), 
and (n) of this section, to award other appropriate relief, and to 
compel the furnishing of information and the conduct of tests 
required by the Administrator under subsection (b) of this 
section. Actions to restrain such violations and compel such 
actions shall be brought by and in the name of the United 
States. In any such action, subpoenas for witnesses who are 
required to attend a district court in any district may run into 
any other district.", 
(e) MISCELLANEOUS ENFORCEMENT.—(1) Section 203(a) of the Clean 
Air Act is amended as follows: 
42 USC 7522. 
(1) Insert "or part C in the case of clean-fuel vehicles" before 
"(except" in paragraph (1). 
(2) In paragraph (4) insert "or part C" after "202". 
(3) At the end of paragraph (4)(A) insert "or (ii) the cor-
responding requirements of part C in the case of clean fuel 
vehicles unless the manufacturer has complied with the cor-
responding requirements of part C" and in paragraph (4)(A) 
after "complied with" insert "(i)". 
(4) At the end of paragraph (4)(B) insert "or the corresponding 
requirements of part C in the case of clean fuel vehicles'. 
(5) In paragraph (4)(C) insert after "207" the following: "and 
the corresponding requirements of part C in the case of clean 
fuel vehicles". 
(6) In paragraph (4)(D) insert "or the corresponding require-
ments of part C in the case of clean fuel vehicles" before "with 
respect to any vehicle". 
(7) Strike the period at the end of paragraph (4) and insert "; 
or" and add the following new paragraph after paragraph (4): 
"(5) for any person to violate section 218, 219, or part C of this 
title or any regulations under section 218, 219, or part C". 
SEC. 229. CLEAN-FUEL VEHICLES. 
(a) AMENDMENT TO TITLE II.—Title II of the Clean Air Act is 
amended by adding the following new part after part B: 
"PART C—CLEAN FUEL VEHICLES 
"SEC. 241. DEFINITIONS. 
42 USC 7581. 
"For purposes of this part— 
"(1) TERMS DEFINED IN PART A.—The definitions applicable to 
part A under section 216 shall also apply for purposes of this 
part. 
"(2) CLEAN ALTERNATIVE FUEL.—The term 'clean alternative 
fuel' means any fuel (including methanol, ethanol, or other 
alcohols (including any mixture thereof containing 85 percent 
or more by volume of such alcohol with gasoline or other fuels), 
reformulated gasoline, diesel, natural gas, liquefied petroleum 
gas, and hydrogen) or power source (including electricity) used 
in a clean-fuel vehicle that complies with the standards and 
requirements applicable to such vehicle under this title when 
using such fuel or power source. In the case of any flexible fuel 
vehicle or dual fuel vehicle, the term 'clean alternative fuel' 
means only a fuel with respect to which such vehicle was 
104 STAT. 2512 
PUBLIC LAW 101-549—NOV. 15, 1990 
certified as a clean-fuel vehicle meeting the standards ap-
plicable to clean-fuel vehicles under section 243(dX2) when 
operating on clean alternative fuel (or any CARB standards 
which replaces such standards pursuant to section 243(e)). 
"(3) NMOG.—The term nonmethane organic gas CNMOG') 
means the sum of nonoxygenated and oxygenated hydrocarbons 
contained in a gas sample, including, at a minimum, all 
oxygenated organic gases containing 5 or fewer carbon atoms 
(i.e., gddehydes, ketones, alcohols, ethers, etc.), and all known 
alkanes, alkenes, alkynes, and aromatics containing 12 or fewer 
carbon atoms. To demonstrate compliance with a NMOG stand-
ard, NMOG emissions shall be measured in accordance with the 
'California Non-Methane Organic Gas Test Procedures'. In the 
case of vehicles using fuels other than base gasoline, the level of 
NMOG emissions shall be adjusted bsised on the reactivity of 
the emissions relative to vehicles using base gasoline. 
"(4) BASE GASOUNE.—The term 'base ggisoline' means gasoline 
which meets the following specifications: 
Specifications of Base Gasoline Used as Basis for Reactivity 
Readjustment: 
API gravity 
57.8 
Sulfur, ppm 
317 
Color 
Purple 
Benzene, vol. % 
1.35 
Reid vapor pressure 
8.7 
Drivability 
1195 
Antiknock index 
87.3 
Distillation, D-86 "F 
IBP 
92 
10% 
126 
50% 
219 
90% 
327 
EP 
414 
Hydrocarbon Type, Vol. % FIA: 
Aromatics 
30.9 
Olefins 
8.2 
Saturates 
60.9 
The Administrator shall modify the definitions of NMOG, base 
gasoline, and the methods for making reactivity adjustments, to 
conform to the definitions and method used in California under 
the Low-Emission Vehicle and Clean Fuel Regulations of the 
California Air Resources Board, so long as the California defini-
tions are, in the aggregate, at legist as protective of public health 
and welfare as the definitions in this section. 
"(5) COVERED FLEET.—The term 'covered fleet' means 10 or 
more motor vehicles which are owned or operated by a single 
person. In determining the number of vehicles owned or oper-
ated by a single person for purposes of this pargigraph, all motor 
vehicles owned or operated, leeised or otherwise controlled by 
such person, by any person who controls such person, by any 
person controlled by such person, and by any person under 
common control with such person shall be treated as owned by 
such person. The term 'covered fleet' shall not include motor 
vehicles held for lease or rental to the general public, motor 
vehicles held for sale by motor vehicle dealers (including dem-
onstration vehicles), motor vehicles used for motor vehicle 
manufacturer product evaluations or tests, law enforcement 
and other emergency vehicles, or nonroad vehicles (including 
farm and construction vehicles). 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2513 
"(6) COVERED FLEET VEHICLE.—The term 'covered fleet vehicle' 
means only a motor vehicle which is— 
"(i) in a vehicle class for which standards are applicable 
under this part; and 
"(ii) in a covered fleet which is centrally fueled (or 
capable of being centrally fueled). 
No vehicle which under normal operations is garaged at a 
personal residence at night shall be considered to be a vehicle 
which is capable of being centrally fueled within the meaning of 
this paragraph. 
"(7) CLEAN-FUEL VEHICLE.—The term 'clean-fuel vehicle' 
means a vehicle in a class or category of vehicles which has 
been certified to meet for any model year the clean-fuel vehicle 
standards applicable under this part for that model year to 
clean-fuel vehicles in that class or category. 
"SEC. 242. REQUIREMENTS APPLICABLE TO CLEAN FUEL VEHICLES. 
42 USC 7582. 
"(a) PROMULGATION OF STANDARDS.—Not later than 24 months 
Regulations, 
after the enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall promulgate regulations under this part contain- 
•* 
ing clean-fuel vehicle standards for the clean-fuel vehicles specified 
in this part. 
"(b) OTHER REQUIREMENTS.—Clean-fuel vehicles of up to 8,500 
gvwr subject to standards set forth in this part shall comply with all 
motor vehicle requirements of this title (such as requirements relat-
ing to on-board diagnostics, evaporative emissions, etc.) which are 
applicable to conventional gasoline-fueled vehicles of the same cat-
egory and model year, except as provided in section 244 with respect 
to administration and enforcement, and except to the extent that 
any such requirement is in conflict with the provisions of this part. 
Clean-fuel vehicles of 8,500 gvwr or greater subject to standards set 
forth in this part shall comply with all requirements of this title 
which are applicable in the case of conventional gasoline-fueled or 
diesel fueled vehicles of the same category and model year, except as 
provided in section 244 with respect to administration and enforce-
ment, and except to the extent that any such requirement is in 
conflict with the provisions of this part. 
"(c) IN-USE USEFUL LIFE AND TESTING.—(1) In the case of light-duty 
vehicles and light-duty trucks up to 6,000 lbs gvwr, the useful life for 
purposes of determining in-use compliance with the standards under 
section 243 shall be— 
"(A) a period of 5 years or 50,000 miles (or the equivalent) 
whichever first occurs, in the case of standards applicable for 
purposes of certification at 50,000 miles; and 
"(B) a period of 10 years or 100,000 miles (or the equivalent) 
whichever first occurs, in the case of standards applicable for 
purposes of certification at 100,000 miles, except that in-use 
testing shall not be done for a period beyond 7 years or 75,000 
miles (or the equivalent) whichever first occurs. 
"(2) In the case of light-duty trucks of more than 6,000 lbs gvwr, 
the useful life for purposes of determining in-use compliance with 
the standards under section 243 shall be— 
"(A) a period of 5 years or 50,000 miles (or the equivalent) 
whichever first occurs in the case of standards applicable for 
purposes of certification at 50,000 miles; and 
"(B) a period of 11 years or 120,000 miles (or the equivalent) 
whichever first occurs in the case of standards applicable for 
104 STAT. 2514 
PUBLIC LAW 101-549—NOV. 15, 1990 
purposes of certification at 120,000 miles, except that in-use 
testing shall not be done for a period beyond 7 years or 90,000 
miles (or the equivalent) whichever first occurs. 
42 u s e 7583. 
"SEC. 243. STANDARDS FOR LIGHT-DUTY CLEAN FUEL VEHICLES. 
"(a) EXHAUST STANDARDS FOR LIGHT-DUTY VEHICLES AND CERTAIN 
LIGHT-DUTY TRUCKS.—The standards set forth in this subsection 
shall apply in the case of clean-fuel vehicles which are light-duty 
trucks of up to 6,000 lbs. gross vehicle weight rating (gvwr) (but not 
including light-duty trucks of more than 3,750 lbs. loaded vehicle 
weight (Ivw)) or light-duty vehicles: 
"(1) PHASE I.—Beginning with model year 1996, for the air 
pollutants specified in the following table, the clean-fuel vehicle 
standards under this section shall provide that vehicle exhaust 
emissions shall not exceed the levels specified in the following 
table: 
PHASE I CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY 
TRUCKS OF UP TO 3,750 LBS. L V W AND UP TO 6,000 LBS. GVWR 
» 
AND LIGHT-DUTY VEHICLES 
Pollutant 
50,000 mile standard 
100,000 mile standard 
NMOG 
0.125 
0.156 
CO 
3.4 
4.2 
NO, 
0.4 
0.6 
PM 
0.08* 
HCHO 
(formalde-
hyde) 
. 0.015 
0.018 
Standards are expressed in grams per mile (gpm). 
'Standards for particulates (PM) shall apply only to diesel-fueled vehicles. 
In the case of the 50,000 mile standards and the 100,000 mile standards, for purposes of certifi-
cation, the applicable useful life shall be 50,000 miles or 100,000 miles, respectively. 
"(2) PHASE II.—Beginning with model year 2001, for air pollut-
ants specified in the following table, the clean-fuel vehicle 
standards under this section shall provide that vehicle exhaust 
emissions shall not exceed the levels specified in the following 
table. 
PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-
DUTY TRUCKS OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. 
GVWR AND LIGHT-DUTY VEHICLES 
HCHO 
Pollutant 
NMOG CO NO, 
PM* 
(formalde-
hyde) 
50,000 mile standard 
0.075 
3.4 
0.2 
0.015 
100,000 mile standard 
0.090 
4.2 
0.3 
0.08 0.018 
Standards are expressed in grams per mile (gpm). 
'Standards for particulates (PM) shall apply only to diesel-fueled vehicles. 
In the case of the 50,000 mile standards and the 100,000 mile standards, for purposes of certifi-
cation, the applicable useful life shall be 50,000 miles or 100,000 miles, respectively. 
"(b) EXHAUST STANDARDS FOR LIGHT-DUTY TRUCKS OF MORE THAN 
3,750 LBS. LVW AND UP TO 5,750 LBS. LVW AND UP TO 6,000 LBS. 
GVWR.—The standards set forth in this paragraph shall apply in 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2515 
the case of clean-fuel vehicles which are light-duty trucks of more 
than 3,750 lbs. loaded vehicle weight (Ivw) but not more than 5,750 
lbs. Ivw and not more than 6,000 lbs. gross weight rating (GVWR): 
"(1) PHASE I.—Beginning with model year 1996, for the air 
pollutants specified in the following table, the clean-fuel vehicle 
standards under this section shall provide that vehicle exhaust 
emissions shall not exceed the levels specified in the following 
table. 
PHASE I CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY 
TRUCKS OF MORE THAN 3,750 LBS. AND UP TO 5,750 LBS. L V W AND 
UP T
O 6,000 LBS. GVWR 
Pollutant 
50,000 mile standard 
100,000 mile standard 
NMOG 
0.160 
0.200 
CO 
4.4 
5.5 
NO, 
0.7 
0.9 
PM* 
0.08 
HCHO 
(formalde-
hyde) 
. 0.018 
0.023 
Standards are expressed in grams per mile (gpm). 
'Standards for particulates (PM) shall apply only to diesel-fueled vehicles. 
In the case of the 50,000 mile standards and the 100,000 mile standards, for purposes of certifi-
cation, the applicable useful life shall be 50,000 miles or 100,000 miles, respectively. 
"(2) PHASE II.—Beginning with model year 2001, for the air 
pollutants specified in the following table, the clean-fuel vehicle 
standards under this section shall provide that vehicle exhaust 
emissions shall not exceed the levels specified in the following 
table. 
PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-
DUTY TRUCKS OF MORE THAN 3,750 LBS. LVW AND UP TO 5,750 
LBS. LVW AND UP TO 6,000 LBS. GVWR 
Pollutant 
50,000 mile standard 
100,000 mile standard 
NMOG 
0.100 
0.130 
CO 
4.4 
5.5 
NO, 
0.4 
0.5 
HCHO 
PM* 
(formalde-
hyde) 
0.018 
0.08 0.023 
Standards are expressed in grams per mile (gpm). 
'Standards for particulates (PM) shall apply only to diesel-fueled vehicles. 
In the case of the 50,000 mile standards and the 100,000 mile standards, for purposes of certifi-
cation, the applicable useful life shall be 50,000 miles or 100,000 miles, respectively. 
"(c) EXHAUST STANDARDS FOR LIGHT-DUTY TRUCKS GREATER THAN 
6,000 LBS. GVWR.—The standards set forth in this subsection shall 
apply in the case of clean-fuel vehicles which are light-duty trucks of 
more than 6,000 lbs. gross weight rating (GVWR) and less than or 
equal to 8,500 lbs. GVWR, beginning with model year 1998. For the 
air pollutants specified in the following table, the clean-fuel vehicle 
standards under this section shall provide that vehicle exhaust 
emissions of vehicles within the test weight categories specified in 
the following table shall not exceed the levels specified in such table. 
104 STAT. 2516 
PUBLIC LAW 101-549—NOV. 15, 1990 
CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT DUTY TRUCKS 
GREATER THAN 6,000 LBS. G V W R 
Test Weight Category: Up to 3,750 lbs. tw 
Pollutant 
50,000 mile standard 
120,000 mile standard 
HCHO 
NMOG 
CO 
NO, 
PM* 
(formalde-
hyde) 
0.125 
3.4 0.4** 
0.015 
0.180 
aX) O.fi 
0.08 0.022 
Test Weight Category: 
Pollutant 
50,000 mile standard 
120,000 mile standard 
Above 3,750 but not above 5,750 lbs. tw 
HCHO 
NMOG 
CO 
NO, 
PM* 
(formalde-
hyde) 
0.160 
4.4 0.7** 
0.018 
0.2.^0 
fi.4 
10 
0.10 0.027 
Test Weight Category: Above 5,750 tw but not above 8,500 lbs. gvwr 
Pollutant 
50,000 mile standard 
120,000 mile standard 
HCHO 
NMOG 
CO 
NO, 
PM* 
(formalde-
hyde) 
0.195 
5.0 1.1** 
0.022 
0.280 
7..S 15 
0.12 0.032 
Standards are expressed in grams per mile (gpm). 
'Standards for particulates (PM) shall apply only to diesel-fueled vehicles. 
*'Standard not applicable to diesel-fueled vehicles. 
For the 50,000 mile standards and the 120,000 mile standards set forth in the table, the 
applicable useful life for purposes of certification shall be 50,000 miles or 120,000 miles, 
respectively. 
"(d) FLEXIBLE AND DUAL-FUEL VEHICLES.— 
"(1) IN GENERAL.—The Administrator shall establish stand-
ards and requirements under this section for the model year 
1996 and thereafter for vehicles weighing not more than 8,500 
lbs. gvwr which are capable of operating on more than one fuel. 
Such standards shall require that such vehicles meet the 
exhaust standards applicable under subsection (a), (b), and (c) 
for CO, NOx, and HCHO, and if appropriate, PM for single-fuel 
vehicles of the same vehicle category and model year. 
"(2) 
EXHAUST NMOG STANDARD FOR OPERATION ON CLEAN 
ALTERNATIVE FUEL.—In addition to standards for the pollutants 
referred to in paragraph (1), the standards established under 
paragraph (1) shall require that vehicle exhaust emissions of 
NMOG not exceed the levels (expressed in grams per mile) 
specified in the tables below when the vehicle is operated on the 
clean alternative fuel for which such vehicle is certified: 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2517 
NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES 
WHEN OPERATING ON CLEAN ALTERNATIVE FUEL 
Light-duty Trucks up to 6,000 lbs. GVWR and Light-duty vehicles 
Vehicle Type 
Column A 
(50,000 mi.) 
Standard 
(gpm) 
Column B 
(100,000 mi.) 
Standard 
(gpm) 
Beginning MY 1996: 
LDT's (0-3,750 lbs. LVW) and light-duty vehicle^ 
0.125 
0.156 
LDT's (3,751-5,750 lbs. LVW) 
0.160 
0.20 
Beginning MY 2001: 
LDT's (0-3,750 lbs. LVW) and light-duty vehicles 
0.075 
0.090 
LDT's (3,751-5,750 lbs. LVW) 
0.100 
0.130 
For standards under column A, for purposes of certification under section 206, the applicable 
useful life shall be 50,000 miles. 
For standards under column B, for purposes of certification under section 206, the applicable 
useful life shall be 100,000 miles. 
Light-duty Trucks More than 6,000 lbs. GVWR 
Vehicle Type 
Column A 
(50,000 mi.) 
Standard 
Column B 
(120,000 
mi.) 
Standard 
Beginning MY 1998: 
LDT's (0-3,750 lbs. TW) 
0.125 
0.180 
LDT's (3,751-5,750 lbs. TW) 
0.160 
0.230 
LDT's (above 5,750 lbs. TW) 
0.195 
0.280 
For standards under column A, for purposes of certification under section 206, the applicable 
useful life shall be 50,000 miles. 
For standards under column B, for purposes of certification under section 206, the applicable 
useful life shall be 120,000 miles. 
"(3) NMOG STANDARD FOR OPERATION ON 
CONVENTIONAL 
FUEL.—In addition to the standards referred to in paragraph (1), 
the standards established under paragraph (1) shall require that 
vehicle exhaust emissions of NMOG not exceed the levels 
(expressed in grams per mile) specified in the tables below: 
NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES 
WHEN OPERATING ON CONVENTIONAL FUEL 
Light-duty Trucks of up to 6,000 lbs. GVWR and Light-duty 
vehicles 
Vehicle Type 
Column A 
(50,000 mi.) 
Standard 
(gpm) 
Column B 
(100,000 mi.) 
Standard 
(gpm) 
Beginning MY 1996: 
LDT's (0-3,750 lbs. LVW) and light-duty vehicles 
0.25 
LDT's (3,751-5,750 lbs. LVW) 
0.32 
0.31 
0.40 
104 STAT. 2518 
PUBLIC LAW 101-549—NOV. 15, 1990 
Vehicle Type 
Column A 
(50,000 mi.) 
Standard 
(gpm) 
Column B 
(100,000 mi.) 
Standard 
(gpm) 
Beginning MY 2001: 
LDT's (0-3,750 lbs. LVW) and light-duty vehicles. 
LDT's (3,751-5,750 lbs. LVW) 
0.125 
0.160 
0.156 
0.200 
For standards under column A, for purposes of certification under section 206, the applicable 
useful life shall be 50,000 miles. 
For standards under column B, for purposes of certification under section 206, the applicable 
useful life shall be 100,000 miles. 
Light-duty Trucks of up to 6,000 lbs. GVWR 
Vehicle Tjrpe 
Column A 
(50,000 mi.) 
Standard 
Column B 
(120,000 
mi.) 
Standard 
Beginning MY 1998: 
LDT's (0-3,750 lbs. TW) 
0.25 
0.36 
LDT's (3,751-5,750 lbs. TW) 
0.32 
0.46 
LDT's (above 5,750 lbs. TW) 
0.39 
0.56 
For standards under column A, for purposes of certification under section 206, the applicable 
useful life shall be 50,000 miles. 
For standards under column B, for purposes of certification under section 206, the applicable 
useful life shall be 120,000 miles. 
"(e) REPLACEMENT BY C A R B STANDARDS.— 
California. 
"(1) SiNGLE SET OF CARB STANDARDS.—If the State of California 
promulgates regulations establishing and implementing a single 
set of standards applicable in California pursuant to a waiver 
approved under section 209 to any category of vehicles referred 
to in subsection (a), O^), (c), or (d) of this section and such set of 
standards is, in the aggregate, at legist as protective of public 
health and welfare as the otherwise applicable standards set 
forth in section 242 and subsection (a), (b), (c), or (d) of this 
section, such set of California standards shall apply to clean-fuel 
vehicles in such category in lieu of the standards otherwise 
applicable under section 242 and subsection (a), (b), (c), or (d) of 
this section, as the case may be. 
"(2) MULTIPLE SETS OF CARB STANDARDS.—If the State of 
California promulgates regulations establishing and implement-
ing several different sets of standards applicable in California 
pursuant to a waiver approved under section 209 to any cat-
egory of vehicles referred to in subsection (a), (b), (c), or (d) of 
this section and each of such sets of California standards is, in 
the aggregate, at least as protective of public health and welfare 
as the otherwise applicable standards set forth in section 242 
and subsection (a), (b), (c), or (d) of this section, such standards 
shall be treated as 'qualifying California standards' for purposes 
of this paragraph. Where more than one set of qualifying 
standards are established and administered by the State of 
California, the least stringent set of qualifying California stand-
ards shall apply to the clean-fuel vehicles concerned in lieu of 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2519 
the standards otherwise applicable to such vehicles under sec-
tion 242 and this section. 
"(f) LESS STRINGENT C A R B STANDARDS.—If the Low-Emission 
Vehicle and Clean Fuels Regulations of the California Air Resources 
Board applicable to any category of vehicles referred to in subsec-
tion (a), (b), (c), or (d) of this section are modified after the enactment 
of the Clean Air Act of 1990 to provide an emissions standard which 
is less stringent than the otherwise applicable standard set forth in 
subsection (a), (b), (c), or (d), or if any effective date contained in such 
regulations is delayed, such modified standards or such delay (or 
both, as the case may be) shall apply, for an interim period, in lieu of 
the standard or effective date otherwise applicable under subsection 
(a), (b), (c), or (d) to any vehicles covered by such modified standard 
or delayed effective date. The interim period shall be a period of not 
more than 2 model years from the effective date otherwise 
applicable under subsection (a), (b), (c), or (d). After such interim 
period, the otherwise applicable standard set forth in subsection (a), 
(b), (c), or (d) shall take effect with respect to such vehicles (unless 
subsequently replaced under subsection (e)). 
"(g) NOT APPLICABLE TO HEAVY-DUTY VEHICLES.—Notwithstanding 
any provision of the Low-Emission Vehicle and Clean Fuels Regula-
tions of the California Air Resources Board nothing in this section 
shall apply to heavy-duty engines in vehicles of more than 8,500 lbs. 
GVWR. 
"SEC. 244. ADMINISTRATION AND ENFORCEMENT AS PER CALIFORNIA 
42 USC 7584. 
STANDARDS. 
"Where the numerical clean-fuel vehicle standards applicable 
under this part to vehicles of not more than 8,500 lbs. GVWR are 
the same as numerical emission standards applicable in California 
under the Low-Emission Vehicle and Clean Fuels Regulations of the 
California Air Resources Board CCARB'), such standards shall be 
administered and enforced by the Administrator— 
"(1) in the same manner and with the same flexibility as the 
State of California administers and enforces corresponding 
standards applicable under the Low-Emission Vehicle and 
Clean Fuels Regulations of the California Air Resources Board 
CCARB'); and 
"(2) subject to the same requirements, and utilizing the same 
interpretations and policy judgments, as are applicable in the 
case of such CARB standards, including, but not limited to, 
requirements regarding certification, production-line testing, 
and in-use compliance, 
unless the Administrator determines (in promulgating the rules 
establishing the clean fuel vehicle program under this section) that 
any such administration and enforcement would not meet the cri-
teria for a waiver under section 209. Nothing in this section shall 
apply in the case of standards under section 245 for heavy-duty 
vehicles. 
"SEC. 245. STANDARDS FOR HEAVY-DUTY CLEAN-FUEL VEHICLES (GVWR 
42 USC 7585. 
ABOVE 8,500 UP TO 26,000 LBS). 
"(a) MODEL YEARS AFTER 1997; COMBINED NO, AND N M H C STAND-
ARD.—For classes or categories of heavy-duty vehicles or engines 
manufactured for the model year 1998 or thereafter and having a 
GVWR greater than 8,500 lbs. and up to 26,000 lbs. GVWR, the 
standards under this part for clean-fuel vehicles shall require that 
104 STAT. 2520 
PUBLIC LAW 101-549—NOV. 15, 1990 
combined emissions of oxides of nitrogen (NO,) and nonmethane 
hydrocarbons (NMHC) shall not exceed 3.15 grams per brake horse-
power hour (equivalent to 50 percent of the combined emission 
standards applicable under section 202 for such air pollutants in the 
C£ise of a conventional model year 1994 heavy-duty diesel-fueled 
vehicle or engine). No standard shall be promulgated as provided in 
this section for any heavy-duty vehicle of more than 26,000 lbs. 
GVWR. 
"(b) 
REVISED STANDARDS THAT ARE LESS STRINGENT.—(1) 
The 
Administrator may promulgate a revised less stringent standard for 
the vehicles or engines referred to in subsection (a) if the Adminis-
trator determines that the 50 percent reduction required under 
subsection (a) is not technologically feasible for clean diesel-fueled 
vehicles and engines, taking into account durability, costs, lead 
time, safety, and other relevant factors. To provide adequate lead 
time the Administrator shall make a determination with regard to 
the technological feasibility of such 50 percent reduction before 
December 31,1993. 
"(2) Any person may at any time petition the Administrator to 
make a determination under paragraph (1). The Administrator shall 
act on such a petition within 6 months after the petition is filed. 
"(3) Any revised less stringent standards promulgated as provided 
in this subsection shall require at least a 30 percent reduction in 
lieu of the 50 percent reduction referred to in paragraph (1). 
42 use 7586. 
"SEC. 246. CENTRALLY FUELED FLEETS 
"(a) 
FLEET PROGRAM REQUIRED FOR CERTAIN NONATTAINMENT 
AREAS.— 
"(1) SIP REVISION.—Each State in which there is located all or 
part of a covered area (as defined in paragraph (2)) shall submit, 
within 42 months after the enactment of the Clean Air Act 
Amendments of 1990, a State implementation plan revision 
under section 110 and part D of title I to establish a clean-fuel 
vehicle program for fleets under this section. 
"(2) COVERED AREAS.—For purposes of this subsection, each of 
the following shall be a 'covered area': 
"(A) OZONE NONATTAINMENT AREAS.—Any ozone non-
attainment area with a 1980 population of 250,000 or more 
classified under subpart 2 of part D of title I of this Act as 
Serious, Severe, or Extreme based on data for the calendar 
years 1987, 1988, and 1989. In determining the ozone non-
attainment areas to be treated as covered areas pursuant to 
this subparagraph, the Administrator shall use the most 
recent interpretation methodology issued by the Adminis-
trator prior to the enactment of the Clean Air Act Amend-
ments of 1990. 
"(B) 
CARBON MONOXIDE NONATTAINMENT AREAS.—Any 
carbon monoxide nonattainment area with a 1980 popu-
lation of 250,000 or more and a carbon monoxide design 
value at or above 16.0 parts per million based on data for 
calendar years 1988 and 1989 (as calculated according to the 
most recent interpretation methodology issued prior to 
enactment of the Clean Air Act Amendments of 1990 by the 
United States Environmental Protection Agency), exclud-
ing those carbon monoxide nonattainment areas in which 
mobile sources do not contribute significantly to carbon 
monoxide exceedances. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2521 
"(3) PLAN REVISIONS FOR RECLASSIFIED AREAS.—In the case of 
ozone nonattainment areas reclassified as Serious, Severe, or 
Extreme under part D of title I with a 1980 population of 
250,000 or more, the State shall submit a plan revision meeting 
the requirements of this subsection within 1 year after reclassi-
fication. Such plan revision shall implement the requirements 
applicable under this subsection at the time of reclassification 
and thereafter, except that the Administrator may adjust for a 
limited period the deadlines for compliance where compliance 
with such deadlines would be infeasible, 
"(4) CONSULTATION; CONSIDERATION OF FACTORS.—Each State 
required to submit an implementation plan revision under this 
subsection shall develop such revision in consultation with fleet 
operators, vehicle manufacturers, fuel producers and distribu-
tors, motor vehicle fuel, and other interested parties, taking 
into consideration operational range, specialty uses, vehicle and 
fuel availability, costs, safety, resale values of vehicles and 
equipment and other relevant factors. 
"(b) PHASE-IN OF REQUIREMENTS.—The plan revision required 
under this section shall contain provisions requiring that at least a 
specified percentage of all new covered fleet vehicles in model year 
1998 and thereafter purchased by each covered fleet operator in 
each covered area shall be clean-fuel vehicles and shall use clean 
alternative fuels when operating in the covered area. For the 
applicable model years (MY) specified in the following table and 
thereafter, the specified percentage shall be as provided in the table 
for the vehicle types set forth in the table: 
CLEAN FUEL VEHICLE PHASE-IN REQUIREMENTS FOR FLEETS 
Vehicle Type 
MY1998 
MY1999 
MY2000 
Light-duty trucks up to 6,000 lbs. GVWR and 
light-duty vehicles 
30% 
50% 
70% 
Heavy-duty trucks above 8,500 lbs. GVWR 
50% 
50% 
50% 
The term MY refers to model year. 
"(c) ACCELERATED STANDARD FOR LIGHT-DUTY TRUCKS UP TO 6,000 
LBS. GVWR AND LIGHT-DUTY VEHICLES.—Notwithstanding the 
model years for which clean-fuel vehicle standards are applicable as 
provided in section 243, for purposes of this section, light duty trucks 
of up to 6,000 lbs. GVWR and light-duty vehicles manufactured in 
model years 1998 through model year 2000 shall be treated as clean-
fuel vehicles only if such vehicles comply with the standards 
applicable under section 243 for vehicles in the same class for the 
model year 2001. The requirements of subsection (b) shall take effect Effective date. 
on the earlier of the following: 
"(1) The first model year after model year 1997 in which new 
light-duty trucks up to 6,000 lbs. GVWR and light-duty vehicles 
which comply with the model year 2001 standards under section 
243 are offered for sale in California. 
"(2) Model year 2001. 
Whenever the effective date of subsection (b) is delayed pursuant to 
paragraph (1) of this subsection, the phase-in schedule under subsec-
104 STAT. 2522 
PUBLIC LAW 101-549—NOV. 15, 1990 
tion (b) shall be modified to commence with the model year referred 
to in paragraph (1) in lieu of model year 1998. 
"(d) CHOICE OF VEHICLES AND FUEL.—The plan revision under this 
subsection shall provide that the choice of clean-fuel vehicles and 
clean alternative fuels shall be made by the covered fleet operator 
subject to the requirements of this subsection. 
"(e) AVAILABILITY OF CLEAN ALTERNATIVE FUEL.—The plan revi-
sion shall require fuel providers to make clean alternative fuel 
available to covered fleet operators at locations at which covered 
fleet vehicles are centrally fueled. 
"(f) CREDITS.— 
"(1) ISSUANCE OF CREDITS.—The State plan revision required 
under this section shall provide for the issuance by the State of 
appropriate credits to a fleet operator for any of the following 
(or any combination thereof): 
"(A) The purchase of more clean-fuel vehicles than 
required under this section. 
"(B) The purchase of clean fuel vehicles which meet more 
stringent standards established by the 
Administrator 
pursuant to paragraph (4). 
"(C) The purchase of vehicles in categories which are not 
covered by this section but which meet standards estab-
lished for such vehicles under paragraph (4). 
"(2) USE OF CREDITS; LIMITATIONS BASED ON WEIGHT CLASSES.— 
"(A) USE OF CREDITS.—Credits under this subsection may 
be used by the person holding such credits to demonstrate 
compliance with this section or may be traded or sold for 
use by any other person to demonstrate compliance with 
other requirements applicable under this section in the 
same nonattainment area. Credits obtained at any time 
may be held or banked for use at any later time, and when 
so used, such credits shall maintain the same value as if 
used at an earlier date. 
"(B) 
LIMITATIONS BASED ON WEIGHT CLASSES.—Credits 
issued with respect to the purchase of vehicles of up to 8,500 
lbs. GVWR may not be used to demonstrate compliance by 
any person with the requirements applicable under this 
subsection to vehicles of more than 8,500 lbs. GVWR. Cred-
its issued with respect to the purchase of vehicles of more 
than 8,500 lbs. GVWR may not be used to demonstrate 
compliance by any person with the requirements applicable 
under this subsection to vehicles weighing up to 8,500 lbs. 
GVWR. 
"(C) WEIGHTING.—Credits issued for purchase of a clean 
fuel vehicle under this subsection shall be adjusted with 
appropriate weighting to reflect the level of emission reduc-
tion achieved by the vehicle. 
"(3) REGULATIONS AND ADMINISTRATION.—Within 12 months 
after the enactment of the Clean Air Act Amendments of 1990, 
the Administrator shall promulgate regulations for such credit 
program. The State shall administer the credit program estab-
lished under this subsection. 
"(4) STANDARDS FOR ISSUING CREDITS FOR CLEANER VEHICLES.— 
Solely for purposes of issuing credits under paragraph (1)(B), the 
Administrator shall establish under this paragraph standards 
for Ultra-Low Emission Vehicles CULEV's) and Zero Emissions 
Vehicles CZEV's) which shall be more stringent than those 
otherwise applicable to clean-fuel vehicles under this part. The 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2523 
Administrator shall certify clean fuel vehicles as complying 
with such more stringent standards, and administer and enforce 
such more stringent standards, in the same manner as in the 
case of the otherwise applicable clean-fuel vehicle standards 
established under this section. The standards established by the 
Administrator under this paragraph for vehicles under 8,500 
lbs. GVWR or greater shall conform £is closely as possible to 
standards which are established by the State of California for 
ULEV and ZEV vehicles in the same class. For vehicles of 8,500 
lbs. GVWR or more, the Administrator shall promulgate com-
parable standards for purposes of this subsection. 
"(5) EARLY FLEET CREDITS.—The State plan revision shall pro-
vide credits under this subsection to fleet operators that pur-
chase vehicles certified to meet clean-fuel vehicle standards 
under this part during any period after approval of the plan 
revision and prior to the effective date of the fleet program 
under this section. 
"(g) AVAILABILITY TO THE PUBLIC.—At any facility owned or oper-
ated by a department, agency, or instrumentality of the United 
States where vehicles subject to this subsection are supplied with 
clean alternative fuel, such fuel shall be offered for sale to the public 
for use in other vehicles during reasonable business times and 
subject to national security concerns, unless such fuel is commer-
cially available for vehicles in the vicinity of such Federal facilities. 
"(h) TRANSPORTATION CONTROL MEASURES.—The Administrator 
shall by rule, within 1 year after the enactment of the Clean Air Act 
Amendments of 1990, ensure that certain transportation control 
measures including time-of-day or day-of-week restrictions, and 
other similar measures that restrict vehicle usage, do not apply to 
any clean-fuel vehicle that meets the requirements of this section. 
This subsection shall apply notwithstanding title I. 
"SEC. 247. VEHICLE CONVERSIONS. 
42 USC 7587. 
"(a) CONVERSION OF EXISTING AND NEW CONVENTIONAL VEHICLES 
T
O CLEAN-FUEL VEHICLES.—The requirements of section 246 may be 
met through the conversion of existing or new gasoline or diesel-
powered vehicles to clean-fuel vehicles which comply with the 
applicable requirements of that section. For purposes of such provi-
sions the conversion of a vehicle to clean fuel vehicle shall be 
treated as the purchase of a clean fuel vehicle. Nothing in this part 
shall be construed to provide that any covered fleet operator subject 
to fleet vehicle purchase requirements under section 246 shall be 
required to convert existing or new gasoline or diesel-powered 
vehicles to clean-fuel vehicles or to purchase converted vehicles. 
"(b) REGULATIONS.—The Administrator shall, within 24 months 
after the enactment of the Clean Air Act Amendments of 1990, 
consistent with the requirements of this title applicable to new 
vehicles, promulgate regulations governing conversions of conven-
tional vehicles to clean-fuel vehicles. Such regulations shall estab-
lish criteria for such conversions which will ensure that a converted 
vehicle will comply with the standards applicable under this part to 
clean-fuel vehicles. Such regulations shall provide for the applica-
tion to such conversions of the same provisions of this title (includ-
ing provisions relating to administration enforcement) as are 
applicable to standards under section 242, 243, 244, and 245, except 
that in the case of conversions the Administrator may modify the 
104 STAT. 2524 
PUBLIC LAW 101-549—NOV. 15, 1990 
applicable regulations 
implementing 
such provisions as the 
Administrator deems necessary to implement this part. 
"(c) ENFORCEMENT.—Any person who converts conventional 
vehicles to clean fuel vehicles pursuant to subsection (b), shall be 
considered a manufacturer for purposes of sections 206 and 207 and 
related enforcement provisions. Nothing in the preceding sentence 
shall require a person who performs such conversions to warrant 
any part or operation of a vehicle other than as required under this 
part. Nothing in this paragraph shall limit the applicability of any 
other warranty to unrelated parts or operations. 
"(d) TAMPERING.—The conversion from a vehicle capable of 
operating on gasoline or diesel fuel only to a clean-fuel vehicle shall 
not be considered a violation of section 203(a)(3) if such conversion 
complies with the regulations promulgated under subsection (b). 
"(e) SAFETY.—The Secretary of Transportation shall, if necessary, 
promulgate rules under applicable motor vehicle laws regarding the 
safety of vehicles converted from existing and new vehicles to clean-
fuel vehicles. 
42 use 7588. 
"SEC. 248. FEDERAL AGENCY FLEETS. 
"(a) ADDITIONAL PROVISIONS APPLICABLE.—The provisions of this 
section shall apply, in addition to the other provisions of this part, in 
the case of covered fleet vehicles owned or operated by an agency, 
department, or instrumentality of the United States, except as 
otherwise provided in subsection (e). 
"(b) COST OF VEHICLES TO FEDERAL AGENCY.—Notwithstanding the 
provisions of section 211 of the Federal Property and Administrative 
Services Act of 1949, the Administrator of General Services shall not 
include the incremental costs of clean-fuel vehicles in the amount to 
be reimbursed by Federal agencies if the Administrator of General 
Services determines that appropriations provided pursuant to this 
paragraph are sufficient to provide for the incremental cost of such 
vehicles over the cost of comparable conventional vehicles. 
"(c) LIMITATIONS ON APPROPRIATIONS.—Funds appropriated pursu-
ant to the authorization under this paragraph shall be applicable 
only— 
"(1) to the portion of the cost of acquisition, maintenance and 
operation of vehicles acquired under this subparagraph which 
exceeds the cost of acquisition, maintenance and operation of 
comparable conventional vehicles; 
"(2) to the portion of the costs of fuel storage and dispensing 
equipment attributable to such vehicles which exceeds the costs 
for such purposes required for conventional vehicles; and 
"(3) to the portion of the costs of acquisition of clean-fuel 
vehicles which represents a reduction in revenue from the 
disposal of such vehicles as compared to revenue resulting from 
the disposal of comparable conventional vehicles. 
"(d) VEHICLE COSTS.—The incremental cost of vehicles acquired 
under this part over the cost of comparable conventional vehicles 
shall not be applied to any calculation with respect to a limitation 
under law on the maximum cost of individual vehicles which may be 
required by the United States. 
"(e) EXEMPTIONS.—The requirements of this part shall not apply 
to vehicles with respect to which the Secretary of Defense has 
certified to the Administrator that an exemption is needed based on 
national security consideration. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2525 
"(f) ACQUISITION REQUIREMENT.—Federal agencies, to the extent 
practicable, shall obtain clean-fuel vehicles from original equipment 
manufacturers. 
"(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated such sums as may be required to carry out the 
provisions of this section: Provided, That such sums as are appro-
priated for the Administrator of General Services pursuant to the 
authorization under this section shall be added to the General 
Supply Fund established in section 109 of the Federal Property and 
Administrative Services Act of 1949. 
"SEC. 249. CALIFORNIA PILOT TEST PROGRAM. 
42 USC 7589. 
"(a) ESTABLISHMENT.—The Administrator shall establish a pilot 
program in the State of California to demonstrate the effectiveness 
of clean-fuel vehicles in controlling air pollution in ozone nonattain-
ment areas. 
"(b) APPLICABILITY.—The provisions of this section shall only 
apply to light-duty trucks and light-duty vehicles, and such provi-
sions shall apply only in the State of California, except as provided 
in subsection (f). 
"(c) PROGRAM REQUIREMENTS.—Not later than 24 months after the Regulations, 
enactment of the Clean Air Act Amendments of 1990, the Adminis-
trator shall promulgate regulations establishing 
requirements 
under this section applicable in the State of California. The regula-
tions shall provide the following: 
"(1) CLEAN-FUEL VEHICLES.—Clean-fuel vehicles shall be pro-
duced, sold, and distributed (in accordance with normal business 
practices and applicable franchise agreements) to ultimate pur-
chasers in California (including owners of covered fleets 
referred to in section 246) in numbers that meet or exceed the 
following schedule: 
Number of 
Model Years 
Clean-Fuel 
Vehicles 
1996, 1997, 1998 
150,000 vehicles 
1999 and thereafter 
300,000 vehicles 
"(2) CLEAN ALTERNATIVE FUELS.—(A) Within 2 years after the 
enactment of the Clean Air Act Amendments of 1990, the State 
of California shall submit a revision of the applicable 
implementation plan under part D of title I and section 110 
containing a clean fuel plan that requires that clean alternative 
fuels on which the clean-fuel vehicles required under this para-
graph can operate shall be produced and distributed by fuel 
suppliers and made available in California. At a minimum, 
sufficient clean alternative fuels shall be produced, distributed 
and made available to assure that all clean-fuel vehicles 
required under this section can operate, to the maximum extent 
practicable, exclusively on such fuels in California. The State 
shall require that clean alternative fuels be made available and 
offered for sale at an adequate number of locations with suffi-
cient geographic distribution to ensure convenient refueling 
104 STAT. 2526 
PUBLIC LAW 101-549—NOV. 15, 1990 
with clean alternative fuels, considering the number of, and 
type of, such vehicles sold and the geographic distribution of 
such vehicles within the State. The State shall determine the 
clean alternative fuels to be produced, distributed, and made 
available based on motor vehicle manufacturers' projections of 
future sales of such vehicles and consultations with the affected 
local governments and fuel suppliers. 
"(B) The State may by regulation grant persons subject to the 
requirements prescribed under this paragraph an appropriate 
amount of credits for exceeding such requirements, and any 
person granted credits may transfer some or all of the credits 
for use by one or more persons in demonstrating compliance 
with such requirements. The State may make the credits avail-
able for use after consideration of enforceability, environ-
mental, and economic factors and upon such terms and condi-
tions as the State finds appropriate. 
"(C) The State may also by regulation establish specifications 
for any clean alternative fuel produced and made available 
under this paragraph as the State finds necessary to reduce or 
eliminate an unreasonable risk to public health, welfare, or 
safety associated with its use or to ensure acceptable vehicle 
maintenance and performance characteristics. 
"(D) If a retail gasoline dispensing facility would have to 
remove or replace one or more motor vehicle fuel underground 
storage tanks and accompanying piping in order to comply with 
the provisions of this section, and it had removed and replaced 
such tank or tanks and accompanying piping in order to comply 
with subtitle I of the Solid Waste Disposal Act prior to the date 
of the enactment of the Clean Air Act Amendments of 1990, it 
shall not be required to comply with this subsection until a 
period of 7 years has passed from the date of the removal and 
replacement of such tank or tanks. 
"(E) Nothing in this section authorizes any State other than 
California to adopt provisions regarding clean alternative fuels. 
"(F) If the State of California fails to adopt a clean fuel 
program that meets the requirements of this paragraph, the 
Administrator shall, within 4 years after the enactment of the 
Clean Air Act Amendments of 1990, establish a clean fuel 
program for the State of California under this paragraph and 
section 110(c) that meets the requirements of this paragraph. 
"(d) 
CREDITS FOR MOTOR VEHICLE MANUFACTURERS.—(1) 
The 
Administrator may (by regulation) grant a motor vehicle manufac-
turer an appropriate amount of credits toward fulfillment of such 
manufacturer's share of the requirements of subsection (c)(1) of this 
section for any of the following (or any combination thereof): 
"(A) The sale of more clean-fuel vehicles than required under 
subsection (c)(1) of this section. 
"(B) The sale of clean fuel vehicles which meet standards 
established by the Administrator as provided in paragraph (3) 
which are more stringent than the clean-fuel vehicle standards 
otherwise applicable to such clean-fuel vehicle. A manufacturer 
granted credits under this paragraph may transfer some or all 
of the credits for use by one or more other manufacturers in 
demonstrating compliance with the requirements prescribed 
under this paragraph. The Administrator may make the credits 
available for use after consideration of enforceability, environ-
mental, and economic factors and upon such terms and condi-
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2527 
tions as he finds appropriate. The Administrator shall grant 
credits in accordance with this paragraph, notwithstanding any 
requirements of State law or any credits granted with respect to 
the same vehicles under any State law, rule, or regulation. 
"(2) REGULATIONS AND ADMINISTRATION.—The Administrator shall 
administer the credit program established under this subsection. 
Within 12 months after the enactment of the Clean Air Act Amend-
ments of 1990, the Administrator shall promulgate regulations for 
such credit program. 
"(3) STANDARDS FOR ISSUING CREDITS FOR CLEANER VEHICLES.—The 
more stringent standards and other requirements 
(including 
requirements relating to the weighting of credits) established by the 
Administrator for purposes of the credit program under 245(e) (relat-
ing to credits for clean fuel vehicles in the fleets program) shall also 
apply for purposes of the credit program under this paragraph. 
"(e) PROGRAM EVALUATION.—(1) Not later than June 30, 1994 and Reports, 
again in connection with the report under paragraph (2), the 
Administrator shall provide a report to the Congress on the status of 
the California Air Resources Board Low-Emissions Vehicles and 
Clean Fuels Program. Such report shall examine the capability, 
from a technological standpoint, of motor vehicle manufacturers 
and motor vehicle fuel suppliers to comply with the requirements of 
such program and with the requirements of the California Pilot 
Program under this section. 
"(2) Not later than June 30, 1998, the Administrator shall com- Reports, 
plete and submit a report to Congress on the effectiveness of the 
California pilot program under this section. The report shall evalu-
ate the level of emission reductions achieved under the program, the 
costs of the program, the advantages and disadvantages of extending 
the program to other nonattainment areas, and desirability of 
continuing or expanding the program in California. 
"(3) The program under this section cannot be extended or termi-
nated by the Administrator except by Act of Congress enacted after 
the date of the Clean Air Act Amendments of 1990. Section 177 of 
this Act does not apply to the program under this section. 
"(f) VOLUNTARY OPT-IN FOR OTHER STATES.— 
"(1) EPA REGULATIONS.—Not later than 2 years after the 
enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall promulgate regulations establishing a vol-
untary opt-in program under this subsection pursuant to 
which— 
"(A) clean-fuel vehicles which are required to be pro-
duced, sold, and distributed in the State of California under 
this section, and 
"(B) clean alternative fuels required to be produced and 
distributed under this section by fuel suppliers and made 
available in California 
may also be sold and used in other States which submit plan 
revisions under paragraph (2). 
"(2) PLAN REVISIONS.—Any State in which there is located all 
or part of an ozone nonattainment area classified under subpart 
D of title I as Serious, Severe, or Extreme may submit a revision 
of the applicable implementation plan under part D of title I 
and section 110 to provide incentives for the sale or use in such 
an area or State of clean-fuel vehicles which are required to be 
produced, sold, and distributed in the State of California, and 
for the use in such an area or State of clean alternative fuels 
104 STAT. 2528 
PUBLIC LAW 101-549—NOV. 15, 1990 
required to be produced and distributed by fuel suppliers and 
made available in California. Such plan provisions shall not 
take effect until 1 year after the State has provided notice of 
such provisions to motor vehicle manufacturers and to fuel 
suppliers. 
"(3) INCENTIVES.—The incentives referred to in paragraph (2) 
may include any or all of the following: 
"(A) A State registration fee on new motor vehicles reg-
istered in the State which are not clean-fuel vehicles in the 
amount of at least 1 percent of the cost of the vehicle. The 
proceeds of such fee shall be used to provide financial 
incentives to purchasers of clean-fuel vehicles and to 
vehicle dealers who sell high volumes or high percentages 
of clean-fuel vehicles and to defray the administrative costs 
of the incentive program. 
"(B) Provisions to exempt clean-fuel vehicles from high 
occupancy vehicle or trip reduction requirements. 
"(C) Provisions to provide preference in the use of exist-
ing parking spaces for clean-fuel vehicles. 
The incentives under this paragraph shall not apply in the case 
of covered fleet vehicles. 
"(4) No SALES O
R PRODUCTION MANDATE.—The regulations and 
plan revisions under paragraphs (1) and (2) shall not include 
any production or sales mandate for clean-fuel vehicles or clean 
alternative fuels. Such regulations and plan revisions shall also 
provide that vehicle manufacturers and fuel suppliers may not 
be subject to penalties or sanctions for failing to produce or sell 
clean-fuel vehicles or clean alternative fuels. 
42 use 7590. 
"SEC. 250. GENERAL PROVISIONS. 
"(a) STATE REFUELING FACILITIES.—If any State adopts enforceable 
provisions in an implementation plan applicable to a nonattainment 
area which provides that existing State refueling facilities will be 
made available to the public for the purchase of clean alternative 
fuels or that State-operated refueling facilities for such fuels will be 
constructed and operated by the State and made available to the 
public at reasonable times, taking into consideration safety, costs, 
and other relevant factors, in approving such plan under section 110 
and part D, the Administrator may credit a State with the emission 
reductions for purposes of part D attributable to such actions. 
"O^) No PRODUCTION MANDATE.—The Administrator shall have no 
authority under this part to mandate the production of clean-fuel 
vehicles except as provided in the California pilot test program or to 
specify as applicable the models, lines, or types of, or marketing or 
price practices, policies, or strategies for, vehicles subject to this 
part. Nothing in this part shall be construed to give the Adminis-
trator authority to mandate marketing or pricing practices, policies, 
or strategies for fuels. 
Regulations. 
"(c) TANK AND FuEL SYSTEM SAFETY.—The Secretary of Transpor-
tation shall, in accordance with the National Motor Vehicle Traffic 
Safety Act of 1966, promulgate applicable regulations regarding the 
safety and use of fuel storage cylinders and fuel systems, including 
appropriate testing and retesting, in conversions of motor vehicles. 
"(d) CONSULTATION WITH DEPARTMENT OF ENERGY AND DEPART-
MENT OF TRANSPORTATION.—The Administrator shall coordinate 
with the Secretaries of the Department of Energy and the Depart-
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2529 
ment of Transportation in carrying out the Administrator's duties 
under this part.". 
SEC. 230. TECHNICAL AMENDMENTS. 
The Clean Air Act is amended as follows: 
(1) In section 202(b)(3), strike out subparagraph (B). 
(2) Strike out section 202(bX4) (42 U.S.C. 7521(b)(4)). 
(3) Strike out section 202(bX5) (42 U.S.C. 7521(b)(5)). 
(4) In section 202(bX6) (42 U.S.C. 7521(bX6))— 
(A) strike out "(A)" after "(6)", 
(B) strike out subparagraph (B), and 
(C) redesignate paragraph (6) as paragraph (3) and 
redesignate clauses (i) through (iii) as subparagraphs (A) 
through (C). 
(5) Strike out section 202(bX7) (42 U.S.C. 7521(bX7)). 
(6) Strike out section 203(c) (42 U.S.C. 7522(c)). 
(7) Strike out "announce in the Federal Register and" in 
section 206(e) (42 U.S.C. 7525(e)). 
(8) In section 206(f) (42 U.S.C. 7525(f))— 
(A) strike out "(1)" after "(f)", 
(B) strike out paragraph (2), and 
(C) insert "and all light-duty trucks manufactured during 
or after model year 1995" immediately after "1984", 
(9) In section 207(g) strike out "(but not designed for emission 42 USC 7541. 
control under the terms of the last three sentences of section 
207(aXl)" and insert "(but not designed for emission control 
under the terms of the last sentence of section 207(aX3))". 
(10) Strike out section 212. 
PART B—OTHER PROVISIONS 
42 USC 7546. 
SEC. 231. ETHANOL SUBSTITUTE FOR DIESEL. 
Within one year after the enactment of the Clean Air Act Amend- Government 
ments of 1990, the Administrator shall contract with a laboratory contracts, 
which has done research on alcohol esters of rapeseed oil to evaluate 
the feasibility, engine performance, emissions, and production 
capability associated with an alternative to diesel fuel composed of 
ethanol and high erucic rapeseed oil. The Administrator shall Reports, 
submit a report on the results of this research to Congress within 3 
years of the issuance of such contract. 
SEC. 232. ADOPTION BY OTHER STATES OF CALIFORNIA STANDARDS. 
Section 177 of the Clean Air Act (42 U.S.C. 7507) is amended by 
adding the following at the end thereof: 
"Nothing in this section or in title II of this Act shall be construed 
as authorizing any such State to prohibit or limit, directly or 
indirectly, the manufacture or sale of a new motor vehicle or motor 
vehicle engine that is certified in California as meeting California 
standards, or to take any action of any kind to create, or have the 
effect of creating, a motor vehicle or motor vehicle engine different 
than a motor vehicle or engine certified in California under Califor-
nia standards (a 'third vehicle') or otherwise create such a 'third 
vehicle'." 
SEC. 233. STATES AUTHORITY TO REGULATE. 
42 USC 7571 
(a) STUDY.—The Administrator of the Environmental Protection Aircraft. 
Agency and the Secretary of Transportation, in consultation with 
104 STAT. 2530 
PUBLIC LAW 101-549—NOV. 15, 1990 
the Secretary of Defense, shall commence a study and investigation 
of the testing of uninstalled aircraft engines in enclosed test cells 
that shall address at a minimum the following issues and such other 
issues as they shall deem appropriate— 
(1) whether technologies exist to control some or all emissions 
of oxides of nitrogen from test cells; 
(2) the effectiveness of such technologies; 
(3) the cost of implementing such technologies; 
(4) whether such technologies affect the safety, design, struc-
ture, operation, or performance of aircraft engines; 
(5) whether such technologies impair the effectiveness and 
accuracy of aircraft engine safety design, and performance tests 
conducted in test cells; and 
(6) the impact of not controlling such oxides of nitrogen in the 
applicable nonattainment areas and on other sources, station-
ary and mobile, on oxides of nitrogen in such areas. 
(b) REPORT, AUTHORITY TO REGULATE.—Not later than 24 months 
after enactment of the Clean Air Act Amendments of 1990, the 
Administrator of the Environmental Protection Agency and the 
Secretary of Transportation shall submit to Congress a report of the 
study conducted under this section. Following the completion of 
such study, any of the States may adopt or enforce any standard for 
emissions of oxides of nitrogen from test cells only after issuing a 
public notice stating whether such standards are in accordance with 
the findings of the study. 
SEC. 234. FUGITIVE DUST. 
(a) Prior to any use of the Industrial Source Complex (ISC) Model 
using AP-42 Compilation of Air Pollutant Emission Factors to 
determine the effect on air quality of fugitive particulate emissions 
from surface coal mines, for purposes of new source review or for 
purposes of demonstrating compliance with national ambient air 
quality standards for particulate matter applicable to periods of 24 
hours or less, under section 110 or parts C or D of title I of the Clean 
Air Act, the Administrator shall analyze the accuracy of such model 
and emission factors and make revisions as may be necessary to 
eliminate any significant over-prediction of air quality effect of 
fugitive particulate emissions from such sources. Such revisions 
shall be completed not later than 3 years after the date of enact-
ment of the Clean Air Act Amendments of 1990. Until such time as 
the Administrator develops a revised model for surface mine fu-
gitive emissions, the State may use alternative empirical based 
modeling approaches pursuant to guidelines issued by the Adminis-
trator.". 
SEC. 235. FEDERAL COMPLIANCE. 
42 use 7418. 
Section 118 of the Clean Air Act is amended by inserting "GEN-
ERAL COMPLIANCE.—" after "SEC. 118. (a)" and by adding at the end 
thereof the following: 
"(c) 
GOVERNMENT VEHICLES.—Each department, agency, and 
instrumentality of executive, legislative, and judicial branches of 
the Federal Government shall comply with all applicable provisions 
of a valid inspection and maintenance program established under 
the provisions of subpart 2 of part D or subpart 3 of part D except for 
such vehicles that are considered military tactical vehicles. 
"(d) VEHICLES OPERATED ON FEDERAL INSTALLATIONS.—Each 
department, agency, and instrumentality of executive, legislative. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2531 
and judicial branches of the Federal Government having jurisdiction 
over any property or facility shall require all employees which 
operate motor vehicles on the property or facility to furnish proof of 
compliance with the applicable requirements of any vehicle inspec-
tion and maintenance program established under the provisions of 
subpart 2 of part D or subpart 3 of part D for the State in which 
such property or facility is located (without regard to whether such 
vehicles are registered in the State). The installation shall use one of 
the following methods to establish proof of compliance— 
"(1) presentation by the vehicle owner of a valid certificate of 
compliance from the vehicle inspection and maintenance 
program; 
"(2) presentation by the vehicle owner of proof of vehicle 
registration within the geographic area covered by the vehicle 
inspection and maintenance program (except for any program 
whose enforcement mechanism is not through the denial of 
vehicle registration); 
"(3) another method approved by the vehicle inspection and 
maintenance program administrator.". 
TITLE III—HAZARDOUS AIR POLLUTANTS 
Sec. 301. Hazardous Air Pollutants. 
Sec. 302. Conforming Amendment. 
Sec. 303. Risk Assessment and Management Commission. 
Sec. 304. Chemical Process Safety Management. 
Sec. 305. Solid Waste Combustion. 
Sec. 306. Ash Management and Disposal. 
SEC. 301. HAZARDOUS AIR POLLUTANTS. 
Section 112 of the Clean Air Act is amended to read as follows: 42 USC 7412. 
"SEC. 112. HAZARDOUS AIR POLLUTANTS. 
"(a) DEFINITIONS.—For purposes of this section, except subsection 
( r ) -
"(1) MAJOR SOURCE.—The term 'major source' means any 
stationary source or group of stationary sources located within a 
contiguous area and under common control that emits or has 
the potential to emit considering controls, in the aggregate, 10 
tons per year or more of any hazardous air pollutant or 25 tons 
per year or more of any combination of hazardous air pollut-
ants. The Administrator may establish a lesser quantity, or in 
the case of radionuclides different criteria, for a major source 
than that specified in the previous sentence, on the basis of the 
potency of the air 
pollutant, persistence, potential 
for 
bioaccumulation, other characteristics of the air pollutant, or 
other relevant factors. 
"(2) AREA SOURCE.—The term 'area source' means any station-
ary source of hazardous air pollutants that is not a major 
source. For purposes of this section, the term 'area source' shall 
not include motor vehicles or nonroad vehicles subject to regula-
tion under title II. 
"(3) STATIONARY SOURCE.—The term 'stationary source' shall 
have the same meaning as such term has under section 111(a). 
"(4) NEW SOURCE.—The term 'new source' means a stationary 
source the construction or reconstruction of which is com-
menced after the Administrator first proposes regulations 
104 STAT. 2532 
PUBLIC LAW 101-549—NOV. 15, 1990 
under this section establishing an emission standard applicable 
to such source. 
"(5) MODIFICATION.—The term 'modification' means any phys-
ical change in, or change in the method of operation of, a major 
source which increases the actual emissions of any hazardous 
air pollutant emitted by such source by more than a de minimis 
amount or which results in the emission of any hazardous air 
pollutant not previously emitted by more than a de minimis 
amount. 
"(6) HAZARDOUS AIR POLLUTANT.—The term 'hazardous air 
pollutant' means any air pollutant listed pursuant to subsection 
(b). 
"(7) ADVERSE ENVIRONMENTAL EFFECT.—The term 'adverse 
environmental effect' means any significant and widespread 
adverse effect, which may reasonably be anticipated, to wildlife, 
aquatic life, or other natural resources, including adverse 
impacts on populations of endangered or threatened species or 
significant degradation of environmental quality over broad 
areas. 
"(8) ELECTRIC UTILITY STEAM GENERATING UNIT.—The term 
'electric utility steam generating unit' means any fossil fuel 
fired combustion unit of more than 25 megawatts that serves a 
generator that produces electricity for sale. A unit that 
cogenerates steam and electricity and supplies more than one-
third of its potential electric output capacity and more than 25 
megawatts electrical output to any utility power distribution 
system for sale shall be considered an electric utility steam 
generating unit. 
"(9) OWNER OR OPERATOR.—The term 'owner or operator' 
means any person who owns, leases, operates, controls, or super-
vises a stationary source. 
"(10) EXISTING SOURCE.—The term 'existing source' means any 
stationary source other than a new source. 
"(11) 
CARCINOGENIC EFFECT.—Unless revised, the 
term 
'carcinogenic effect' shall have the meaning provided by the 
Administrator under Guidelines for Carcinogenic Risk Assess-
ment as of the date of enactment. Any revisions in the existing 
Guidelines shall be subject to notice and opportunity for com-
ment. 
"(b) LIST OF POLLUTANTS.— 
"(1) INITIAL UST.—The Congress establishes for purposes of 
this section a list of hazardous air pollutants as follows: 
numter 
Chemical name 
75070 Acetaldehyde 
60355 Acetamide 
75058 Acetonitrile 
98862 Acetophenone 
53963 2-Acetylaminofluorene 
107028 Acrolein 
79061 Acrylamide 
79107 Acrylic acid 
107131 Acrylonitrile 
107051 AUyl chloride 
92671 4-Aminobiphenyl 
62533 Aniline 
90040 o-Anisidine 
1332214 Asbestos 
. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2533 
CAS 
number 
71432 
92875 
98077 
100447 
92524 
117817 
542881 
75252 
106990 
156627 
105602 
133062 
63252 
75150 
56235 
463581 
120809 
133904 
57749 
7782505 
79118 
532274 
108907 
510156 
67663 
107302 
126998 
1319773 
95487 
108394 
106445 
98828 
94757 
3547044 
334883 
132649 
96128 
84742 
106467 
91941 
111444 
542756 
62737 
111422 
121697 
64675 
119904 
60117 
119937 
79447 
68122 
57147 
131113 
77781 
534521 
51285 
121142 
123911 
122667 
106898 
106887 
140885 
100414 
51796 
75003 
106934 
107062 
107211 
Chemical name 
Benzene (including benzene from gasoline) 
Benzidine 
Benzotrichloride 
Benzyl chloride 
Biphenyl 
Bis(2-ethylhexyl)phthalate (DEHP) 
Bis(chloromethyl)ether 
Bromoform 
1,3-Butadiene 
Calcium cyanamide 
Caprolactam 
Captan 
Carbaryl 
Carbon disulfide 
Carbon tetrachloride 
Carbonyl sulfide 
Catechol 
Chloramben 
Chlordane 
Chlorine 
Chloroacetic acid 
2-Chloroacetophenone 
Chlorobenzene 
Chlorobenzilate 
Chloroform 
Chloromethyl methyl ether 
Chloroprene 
Cresols/Cresylic acid (isomers and mixture) 
o-CresoI 
m-Cresol 
p-Cresol 
Cumene 
2,4-D, salts and esters 
DDE 
Diazomethane 
Dibenzofurans 
1,2-Dibromo-3-chloropropane 
Dibutylphthalate 
1,4-Dichlorobenzene(p) 
3,3-Dichlorobenzidene 
Dichloroethyl ether (Bis(2-chloroethyl)ether) 
1,3-Dichloropropene 
Dichlorvos 
Diethanolamine 
N,N-Diethyl aniline (N,N-Dimethylaniline) 
Diethyl sulfate 
3,3-Dimethoxybenzidine 
Dimethyl aminoazobenzene 
3,3'-Dimethyl benzidine 
Dimethyl carbamoyl chloride 
Dimethyl formamide 
1,1-Dimethyl hydrazine 
Dimethyl phthalate 
Dimethyl sulfate 
4,6-Dinitro-o-cresol, and salts 
2,4-Dinitrophenol 
2,4-Dinitrotoluene 
1,4-Dioxane (1,4-Diethyleneoxide) 
1,2-Diphenylhydrazine 
Epichlorohydrin (l-Chloro-2,3-epoxypropane) 
1,2-Epoxybutane 
Ethyl acrylate 
Ethyl benzene 
Ethyl carbamate (Urethane) 
Ethyl chloride (Chloroethane) 
Ethylene dibromide (Dibromoethane) 
Ethylene dichloride (1,2-Dichloroethane) 
Ethylene glycol 
104 STAT. 2534 
PUBLIC LAW 101-549—NOV. 15, 1990 
CAS 
number 
151564 
75218 
96457 
75343 
50000 
76448 
118741 
87683 
77474 
67721 
822060 
680319 
110543 
302012 
7647010 
7664393 
7783064 
123319 
78591 
58899 
108316 
67561 
72435 
74839 
74873 
71556 
78933 
60344 
74884 
108101 
624839 
80626 
1634044 
101144 
75092 
101688 
101779 
91203 
98953 
92933 
100027 
79469 
684935 
62759 
59892 
56382 
82688 
87865 
108952 
106503 
75445 
7803512 
7723140 
85449 
1336363 
1120714 
57578 
123386 
114261 
78875 
75569 
75558 
91225 
106514 
100425 
96093 
1746016 
79345 
Chemical nam 
Ethylene imine (Aziridine) 
Ethylene oxide 
Ethylene thiourea 
Ethylidene dichloride (1,1-Dichloroethane) 
Formaldehyde 
Heptachlor 
Hexachlorobenzene 
Hexachlorobutadiene 
Hexachlorocyclopentadiene 
Hexachloroethane 
Hexamethylene-l,6-diisocyanate 
Hexamethylphosphoramide 
Hexane 
Hydrazine 
Hydrochloric acid 
Hydrogen fluoride (Hydrofluoric acid) 
Hydrogen sulfide 
Hydroquinone 
Isophorone 
Lindane (all isomers) 
Maleic anhydride 
Methanol 
Methoxychlor 
Methyl bromide (Bromomethane) 
Methyl chloride (Chloromethane) 
Methyl chloroform (1,1,1-Trichloroethane) 
Methyl ethyl ketone (2-Butanone) 
Methyl hydrazine 
Methyl iodide (lodomethane) 
Methyl isobutyl ketone (Hexone) 
Methyl isocyanate 
Methyl methacrylate 
Methyl tert butyl ether 
4,4-Methylene bis(2-chloroaniline) 
Methylene chloride (Dichloromethane) 
Methylene diphenyl diisocyanate (MDI) 
4,4'-Methylenedianiline 
Naphthalene 
Nitrobenzene 
4-Nitrobiphenyl 
4-Nitrophenol 
2-Nitropropane 
N-Nitroso-N-methylurea 
N-Nitrosodimethylamine 
N-Nitrosomorpholine 
Parathion 
Pentachloronitrobenzene (Quintobenzene) 
Pentachlorophenol 
Phenol 
p-Phenylenediamine 
Phosgene 
Phosphine 
Phosphorus 
Phthalic anhydride 
Polychlorinated biphenyls (Aroclors) 
1,3-Propane sultone 
beta-Propiolactone 
Propionaldehyde 
Propoxur (Baygon) 
Propylene dichloride (1,2-Dichloropropane) 
Propylene oxide 
1,2-Propylenimine (2-Methyl aziridine) 
Quinoline 
Quinone 
Styrene 
Styrene oxide 
2,3,7,8-Tetrachlorodibenzo-p-dioxin 
1,1,2,2-Tetrachloroethane 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2535 
CAS 
number 
127184 
7550450 
108883 
95807 
584849 
95534 
8001352 
120821 
79005 
79016 
95954 
88062 
121448 
1582098 
540841 
108054 
593602 
75014 
75354 
1330207 
95476 
108383 
106423 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
Chemical name 
Tetrachloroethylene (Perchloroethylene) 
Titanium tetrachloride 
Toluene 
2,4-Toluene diamine 
2,4-Toluene diisocyanate 
o-Toluidine 
Toxaphene (chlorinated camphene) 
1,2,4-Trichlorobenzene 
1,1,2-Trichloroethane 
Trichloroethylene 
2,4,5-Trichlorophenol 
2,4,6-Trichlorophenol 
Triethylamine 
Trifluralin 
2,2,4-Trimethylpentane 
Vinyl acetate 
Vinyl bromide 
Vinyl chloride 
Vinylidene chloride (1,1-Dichloroethylene) 
Xylenes (isomers and mixture) 
o-Xylenes 
m-Xylenes 
p-Xylenes 
Antimony Compounds 
Arsenic Compounds (inorganic including arsine) 
Beryllium Compounds 
Cadmium Compounds 
Chromium Compounds 
Cobalt Compounds 
Coke Oven Emissions 
Cyanide Compounds * 
Glycol ethers ^ 
Lead Compounds 
Manganese Compounds 
Mercury Compounds 
Fine mineral fibers ^ 
Nickel Compounds 
Polycylic Organic Matter •
* 
Radionuclides (including radon) ^ 
Selenium Compounds 
NOTE: For all listings above which contain the word "compounds" and for glycol ethers, 
the following applies: Unless otherwise specified, these listings are defined as including any 
unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as 
part of that chemical's infrastructure. 
• 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)„-OR' where 
n = 1, 2, or 3 
R = alkyl or aryl groups 
R' = R, H, or groups which, when removed, yield glycol ethers with the structure: R-
(OCH2CH)„-OH. Polymers are excluded from the glycol category. 
^ 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. 
* Includes organic compounds with more than one benzene ring, and which have a boiling 
point greater than or equal to 100°C. 
^ A type of atom which spontaneously undergoes radioactive decay. 
"(2) REVISION OF THE LIST.—The Administrator shall periodi-
cally review the list established by this subsection and publish 
the results thereof and, where appropriate, revise such list by 
rule, adding pollutants which present, or may present, through 
inhalation or other routes of exposure, a threat of adverse 
human health effects (including, but not limited to, substances 
which are known to be, or may reasonably be anticipated to be, 
104 STAT. 2536 
PUBLIC LAW 101-549—NOV. 15, 1990 
carcinogenic, mutagenic, teratogenic, neurotoxic, which cause 
reproductive dysfunction, or which are acutely or chronically 
toxic) or adverse environmental effects whether 
through 
ambient concentrations, bioaccumulation, deposition, or other-
wise, but not including releases subject to regulation under 
subsection (r) as a result of emissions to the air. No air pollutant 
which is listed under section 108(a) may be added to the list 
under this section, except that the prohibition of this sentence 
shall not apply to any pollutant which independently meets the 
listing criteria of this paragraph and is a precursor to a pollut-
ant which is listed under section 108(a) or to any pollutant 
which is in a class of pollutants listed under such section. No 
substance, practice, process or activity regulated under title VI 
of this Act shall be subject to regulation under this section 
solely due to its adverse effects on the environment. 
"(3) PETITIONS TO MODIFY THE LIST.— 
"(A) Beginning at any time after 6 months after the date 
of enactment of the Clean Air Act Amendments of 1990, 
any person may petition the Administrator to modify the 
list of hazardous air pollutants under this subsection by 
adding or deleting a substance or, in case of listed 
pollutants without CAS numbers (other than coke oven 
emissions, mineral fibers, or polycyclic organic matter) 
removing certain unique substances. Within 18 months 
» 
after receipt of a petition, the Administrator shall either 
grant or deny the petition by publishing a written expla-
nation of the reasons for the Administrator's decision. Any 
such petition shall include a showing by the petitioner that 
there is adequate data on the health or environmental 
defects of the pollutant or other evidence adequate to sup-
port the petition. The Administrator may not deny a peti-
tion solely on the basis of inadequate resources or time for 
review. 
"(B) The Administrator shall add a substance to the list 
upon a showing by the petitioner or on the Administrator's 
own determination that the substance is an air pollutant 
and 
that 
emissions, 
ambient 
concentrations, 
bioaccumulation or deposition of the substance are known 
to cause or may reasonably be anticipated to cause adverse 
effects to human health or adverse environmental effects. 
"(C) The Administrator shall delete a substance from the 
list upon a showing by the petitioner or on the Administra-
tor's own determination that there is adequate data on the 
health and environmental effects of the substance to deter-
mine that emissions, ambient concentrations, bioaccumu-
lation or deposition of the substance may not reasonably be 
anticipated to cause any adverse effects to the human 
health or adverse environmental effects. 
"(D) The Administrator shall delete one or more unique 
chemical substances that contain a listed hazardous air 
pollutant not having a CAS number (other than coke oven 
emissions, mineral fibers, or polycyclic organic matter) 
upon a showing by the petitioner or on the Administrator's 
own determination that such unique chemical substances 
that contain the named chemical of such listed hazardous 
air pollutant meet the deletion requirements of subpara-
graph (C). The Administrator must grant or deny a deletion 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2537 
petition prior to promulgating any emission standards 
pursuant to subsection (d) applicable to any source category 
or subcategory of a listed hazardous air pollutant without a 
CAS number listed under subsection (b) for which a deletion 
petition has been filed within 12 months of the date of 
enactment of the Clean Air Act Amendments of 1990. 
"(4) FURTHER INFORMATION.—If the Administrator determines 
that information on the health or environmental effects of a 
substance is not sufficient to make a determination required by 
this subsection, the Administrator may use any authority avail-
able to the Administrator to acquire such information. 
"(5) TEST METHODS.—The Administrator may establish, by 
rule, test measures and other analj^ic procedures for monitor-
ing and measuring emissions, ambient concentrations, deposi-
tion, and bioaccumulation of hazardous air pollutants. 
"(6) PREVENTION OF SIGNIFICANT DETERIORATION.—The provi-
sions of part C (prevention of significant deterioration) shall not 
apply to pollutants listed under this section. 
"(7) LEAD.—The Administrator may not list elemental lead as 
a hazardous air pollutant under this subsection. 
'(c) LIST OF SOURCE CATEGORIES.— 
"(1) IN GENERAL.—Not later than 12 months after the date of 
enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall publish, and shall from time to time, but no 
less often than every 8 years, revise, if appropriate, in response 
to public comment or new information, a list of all categories 
and subcategories of major sources and area sources (listed 
under paragraph (3)) of the air pollutants listed pursuant to 
subsection (b). To the extent practicable, the categories and 
subcategories listed under this subsection shall be consistent 
with the list of source categories established pursuant to section 
111 and part C. Nothing in the preceding sentence limits the 
Administrator's authority to establish subcategories under this 
section, as appropriate. 
"(2) REQUIREMENT FOR EMISSIONS STANDARDS.—For the cat-
egories and subcategories the Administrator lists, the Adminis-
trator shall establish emissions standards under subsection (d), 
according to the schedule in this subsection and subsection (e). 
"(3) AREA SOURCES.—The Administrator shall list under this Regulations, 
subsection each category or subcategory of area sources which 
the Administrator finds presents a threat of adverse effects to 
human health or the environment (by such sources individually 
or in the aggregate) warranting regulation under this section. 
The Administrator shall, not later than 5 years after the date of 
enactment of the Clean Air Act Amendments of 1990 and 
pursuant to subsection (k)(3)(B), list, based on actual or esti-
mated aggregate emissions of a listed pollutant or pollutants, 
sufficient categories or subcategories of area sources to ensure 
that area sources representing 90 percent of the area source 
emissions of the 30 hazardous air pollutants that present the 
greatest threat to public health in the largest number of urban 
areas are subject to regulation under this section. Such regula-
tions shall be promulgated not later than 10 years after such 
date of enactment. 
"(4) PREVIOUSLY REGULATED CATEGORIES.—The Administrator 
may, in the Administrator's discretion, list any category or 
subcategory of sources previously regulated under this section 
104 STAT. 2538 
PUBLIC LAW 101-549—NOV. 15, 1990 
as in effect before the date of enactment of the Clean Air Act 
Amendments of 1990. 
"(5) ADDITIONAL CATEGORIES.—In addition to those categories 
and subcategories of sources listed for regulation pursuant to 
paragraphs (1) and (3), the Administrator may at any time list 
additional categories and subcategories of sources of hazardous 
air pollutants according to the same criteria for listing 
applicable under such paragraphs. In the case of source cat-
egories and subcategories listed after publication of the initial 
list required under paragraph (1) or (3), emission standards 
under subsection (d) for the category or subcategory shall be 
promulgated within 10 years after the date of enactment of the 
Clean Air Act Amendments of 1990, or within 2 years after the 
date on which such category or subcategory is listed, whichever 
is later. 
"(6) SPECIFIC POLLUTANTS.—With respect to alkylated lead 
compounds, polycyclic organic matter, 
hexachlorobenzene, 
mercury, 
polychlorinated 
biphenyls, 
2,3,7,8-tetrachloro-
dibenzofurans 
and 2,3,7,8-tetrachlorodibenzo-p-dioxin, the 
Administrator shall, not later than 5 years after the date of 
enactment of the Clean Air Act Amendments of 1990, list 
categories and subcategories of sources assuring that sources 
accounting for not less than 90 per centum of the aggregate 
emissions of each such pollutant are subject to standards under 
subsection (d)(2) or (d)(4). Such standards shall be promulgated 
not later than 10 years after such date of enactment. This 
paragraph shall not be construed to require the Administrator 
to promulgate standards for such pollutants emitted by electric 
utility steam generating units. 
"(7) RESEARCH FACIUTIES.—The Administrator shall establish 
a separate category covering research or laboratory facilities, as 
necessary to assure the equitable treatment of such facilities. 
For purposes of this section, 'research or laboratory facility' 
means any stationary source whose primary purpose is to con-
duct research and development into new processes and prod-
ucts, where such source is operated under the close supervision 
of technically trained personnel and is not engaged in the 
manufacture of products for commercial sale in commerce, 
except in a de minimis manner. 
"(8) BOAT MANUFACTURING.—When establishing emissions 
standards for styrene, the Administrator shall list boat manu-
facturing as a separate subcategory unless the Administrator 
finds that such listing would be inconsistent with the goals and 
requirements of this Act. 
"(9) DELETIONS FROM THE UST.— 
"(A) Where the sole reason for the inclusion of a source 
category on the list required under this subsection is the 
emission of a unique chemical substance, the Administrator 
shall delete the source category from the list if it is appro-
priate because of action taken under either subparagraphs 
(C) or (D) of subsection (b)(3). 
"(B) The Administrator may delete any source category 
from the list under this subsection, on petition of any 
person or on the Administrator's own motion, whenever the 
Administrator makes the following determination or deter-
minations, as applicable: 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2539 
"(i) In the case of hazardous air pollutants emitted by 
sources in the category that may result in cancer in 
humans, a determination that no source in the cat-
egory (or group of sources in the case of area sources) 
emite such hazardous air pollutants in quantities which 
may cause a lifetime risk of cancer greater than one in 
one million to the individual in the population who is 
most exposed to emissions of such pollutants from the 
source (or group of sources in the case of area sources), 
"(ii) In the case of hazardous air pollutants that may 
result in adverse health effects in humans other than 
cancer or adverse environmental effects, a determina-
tion that emissions from no source in the category or 
subcategory concerned (or group of sources in the case 
of area sources) exceed a level which is adequate to 
protect public health with an ample margin of safety 
and no adverse environmental effect will result from 
emissions from any source (or from a group of sources 
in the case of area sources). 
The Administrator shall grant or deny a petition under this 
paragraph within 1 year after the petition is filed. 
'(d) EMISSION STANDARDS.— 
"(1) IN GENERAL.—The Administrator shall promulgate regu- Regulations, 
lations establishing emission standards for each category or 
subcategory of major sources and area sources of hazardous air 
pollutants listed for regulation pursuant to subsection (c) in 
accordance with the schedules provided in subsections (c) and 
(e). The Administrator may distinguish among classes, types, 
and sizes of sources within a category or subcategory in 
establishing such standards except that, there shall be no delay 
in the compliance date for any standard applicable to any 
source under subsection (i) as the result of the authority pro-
vided by this sentence. 
"(2) STANDARDS AND METHODS.—Emissions standards promul-
gated under this subsection and applicable to new or existing 
sources of hazardous air pollutants shall require the maximum 
degree of reduction in emissions of the hazardous air pollutants 
subject to this section (including a prohibition on such emis-
sions, where achievable) that the Administrator, taking into 
consideration the cost of achieving such emission reduction, and 
any non-air quality health and environmental impacts and 
energy requirements, determines is achievable for new or exist-
ing sources in the category or subcategory to which such 
emission standard applies, through application of measures, 
processes, methods, systems or techniques including, but not 
limited to, measures which— 
"(A) reduce the volume of, or eliminate emissions of, such 
pollutants through process changes, substitution of mate-
rials or other modifications, 
"(B) enclose systems or processes to eliminate emissions, 
"(C) collect, capture or treat such pollutants when 
released from a process, stack, storage or fugitive emissions 
point, 
"(D) are design, equipment, work practice, or operational 
standards (including requirements for operator training or 
certification) as provided in subsection (h), or 
"(E) are a combination of the above. 
104 STAT. 2540 
PUBLIC LAW 101-549—NOV. 15, 1990 
None of the measures described in subparagraphs (A) through 
(D) shall, consistent with the provisions of section 114(c), in any 
way compromise any United States patent or United States 
trademark right, or any confidential business information, or 
any trade secret or any other intellectual property right. 
"(3) NEW AND EXISTING SOURCES.—The maximum degree of 
reduction in emissions that is deemed achievable for new 
sources in a category or subcategory shall not be less stringent 
than the emission control that is achieved in practice by the 
best controlled similar source, as determined by the Adminis-
trator. Emission standards promulgated under this subsection 
for existing sources in a category or subcategory may be less 
stringent than standards for new sources in the same category 
or subcategory but shall not be less stringent, and may be more 
stringent than— 
"(A) the average emission limitation achieved by the best 
performing 12 percent of the existing sources (for which the 
Administrator has emissions information), excluding those 
sources that have, within 18 months before the emission 
standard is proposed or within 30 months before such stand-
ard is promulgated, whichever is later, first achieved a level 
of emission rate or emission reduction which complies, or 
would comply if the source is not subject to such standard, 
with the lowest achievable emission rate (as defined by 
section 171) applicable to the source category and prevail-
ing at the time, in the category or subcategory for cat-
egories and subcategories with 30 or more sources, or 
"(B) the average emission limitation achieved by the best 
performing 5 sources (for which the Administrator has or 
could reasonably obtain emissions information) in the cat-
egory or subcategory for categories or subcategories with 
fewer than 30 sources. 
"(4) HEALTH THRESHOLD.—With respect to pollutants for 
which a health threshold has been established, the Adminis-
trator may consider such threshold level, with an ample margin 
of safety, when establishing emission standards under this 
subsection. 
"(5) ALTERNATIVE STANDARD FOR AREA SOURCES.—With respect 
only to categories and subcategories of area sources listed 
pursuant to subsection (c), the Administrator may, in lieu of the 
authorities provided in paragraph (2) and subsection (f), elect to 
promulgate standards or requirements applicable to sources in 
such categories or subcategories which provide for the use of 
generally available control technologies or management prac-
tices by such sources to reduce emissions of hazardous air 
pollutants. 
"(6) REVIEW AND REVISION.—The Administrator shall review, 
and revise as necessary (taking into account developments in 
practices, processes, and control technologies), emission stand-
ards promulgated under this section no less often than every 8 
years. 
"(7) OTHER REQUIREMENTS PRESERVED.—No emission standard 
or other requirement promulgated under this section shall be 
interpreted, construed or applied to diminish or replace the 
requirements of a more stringent emission limitation or other 
applicable requirement established pursuant to section 111, part 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2541 
C or D, or other authority of this Act or a standard issued under 
State authority. 
"(8) COKE OVENS.— 
"(A) Not later than December 31, 1992, the Administrator Regulations. 
shall promulgate regulations establishing emission stand-
ards under paragraphs (2) and (3) of this subsection for coke 
oven batteries. In establishing such standards, the Adminis-
trator shall evaluate— 
"(i) the use of sodium silicate (or equivalent) luting 
compounds to prevent door leaks, and other operating 
practices and technologies for their effectiveness in 
reducing coke oven emissions, and their suitability for 
use on new and existing coke oven batteries, taking 
into account costs and reasonable commercial door 
warranties; and 
, 
"(ii) as a basis for emission standards under this 
subsection for new coke oven batteries that begin 
construction after the date of proposal of such stand-
ards, the Jewell design Thompson non-recovery coke 
oven batteries and other non-recovery coke oven tech-
nologies, and other appropriate emission control and 
coke production technologies, as to their effectiveness 
in reducing coke oven emissions and their capability 
for production of steel quality coke. 
Such regulations shall require at a minimum that coke 
oven batteries will not exceed 8 per centum leaking doors, 1 
per centum leaking lids, 5 per centum leaking offtakes, and 
16 seconds visible emissions per charge, with no exclusion 
for emissions during the period after the closing of self-
sealing oven doors. Notwithstanding subsection (i), the 
compliance date for such emission standards for existing 
coke oven batteries shall be December 31,1995. 
"(B) The Administrator shall promulgate work practice Regulations, 
regulations under this subsection for coke oven batteries 
requiring, as appropriate— 
"(i) the use of sodium silicate (or equivalent) luting 
compounds, if the Administrator determines that use of 
sodium silicate is an effective means of emissions con-
trol and is achievable, taking into account costs and 
reasonable commercial warranties for doors and 
related equipment; and 
"(ii) door and jam cleaning practices. 
Notwithstanding subsection (i), the compliance date for 
such work practice regulations for coke oven batteries shall 
be not later than the date 3 years after the date of enact-
ment of the Clean Air Act Amendments of 1990. 
"(C) For coke oven batteries electing to qualify for an 
extension of the compliance date for standards promulgated 
under subsection (f) in accordance with subsection (i)(8), the 
emission standards under this subsection for coke oven 
batteries shall require that coke oven batteries not exceed 8 
per centum leaking doors, 1 per centum leaking lids, 5 per 
centum leaking offtakes, and 16 seconds visible emissions 
per charge, with no exclusion for emissions during the 
period after the closing of self-sealing doors. Notwithstand-
ing subsection (i), the compliance date for such emission 
standards for existing coke oven batteries seeking an exten-
39-194 O - 91 - 8 : QL 3 Part 4 
104 STAT. 2542 
PUBLIC LAW 101-549—NOV. 15, 1990 
sion shall be not later than the date 3 years after the date 
of enactment of the Clean Air Act Amendments of 1990. 
"(9) SOURCES LICENSED BY THE NUCLEAR REGULATORY COMMIS-
SION.—No standard for radionuclide emissions from any cat-
egory or subcategory of facilities licensed by the Nuclear 
Regulatory Commission (or an Agreement State) is required to 
be promulgated under this section if the Administrator deter-
mines, by rule, and after consultation with the Nuclear Regu-
latory Commission, that the regulatory program established by 
the Nuclear Regulatory Commission pursuant to the Atomic 
Energy Act for such category or subcategory provides an ample 
margin of safety to protect the public health. Nothing in this 
subsection shall preclude or deny the right of any State or 
political subdivision thereof to adopt or enforce any standard or 
limitation respecting emissions of radionuclides which is more 
stringent than the standard or limitation in effect under section 
111 or this section. 
"(10) EFFECTIVE DATE.—Emission standards or other regula-
tions promulgated under this subsection shall be effective upon 
promulgation, 
"(e) SCHEDULE FOR STANDARDS AND REVIEW.— 
Regulations. 
"(1) IN GENERAL.—The Administrator shall promulgate regu-
lations establishing emission standards for categories and 
subcategories of sources initially listed for regulation pursuant 
to subsection (c)(1) as expeditiously as practicable, assuring 
that— 
"(A) emission standards for not less than 40 categories 
and subcategories (not counting coke oven batteries) shall 
be promulgated not later than 2 years after the date of 
enactment of the Clean Air Act Amendments of 1990; 
"(B) emission standards for coke oven batteries shall be 
promulgated not later than December 31,1992; 
"(C) emission standards for 25 per centum of the listed 
categories and subcategories shall be promulgated not later 
than 4 years after the date of enactment of the Clean Air 
Act Amendments of 1990; 
"(D) emission standards for an additional 25 per centum 
of the listed categories and subcategories shall be promul-
gated not later than 7 years after the date of enactment of 
the Clean Air Act Amendments of 1990; and 
"(E) 
emission 
standards 
for 
all 
categories 
and 
subcategories shall be promulgated not later than 10 years 
after the date of enactment of the Clean Air Act Amend-
ments of 1990. 
"(2) In determining priorities for promulgating standards 
under subsection (d), the Administrator shall consider— 
"(A) the known or anticipated adverse effects of such 
pollutants on public health and the environment; 
"(B) the quantity and location of emissions or reasonably 
anticipated emissions of hazardous air pollutants that each 
category or subcategory will emit; and 
"(C) the efficiency of grouping categories or subcategories 
according to the pollutants emitted, or the processes or 
technologies used. 
"(3) PUBLISHED SCHEDULE.—Not later than 24 months after 
the date of enactment of the Clean Air Act Amendments of 1990 
and after opportunity for comment, the Administrator shall 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2543 
publish a schedule establishing a date for the promulgation of 
emission standards for each category and subcategory of sources 
listed pursuant to subsection (c)(1) and (3) which shall be 
consistent with the requirements of paragraphs (1) and (2). The 
determination of priorities for the promulgation of standards 
pursuant to this paragraph is not a rulemaking and shall not be 
subject to judicial review, except that, failure to promulgate any 
standard pursuant to the schedule established by this para-
graph shall be subject to review under section 304 of this Act. 
"(4) JUDICIAL REVIEW.—Notwithstanding section 307 of this 
Act, no action of the Administrator adding a pollutant to the 
list under subsection (b) or listing a source category or sub-
category under subsection (c) shall be a final agency action 
subject to judicial review, except that any such action may be 
reviewed under such section 307 when the Administrator issues 
emission standards for such pollutant or category. 
"(5) PUBLICLY OWNED TREATMENT WORKS.—The Administrator 
shall 
promulgate 
standards 
pursuant 
to 
subsection 
(d) 
applicable to publicly owned treatment works (as defined in title 
II of the Federal Water Pollution Control Act) not later than 5 
years after the date of enactment of the Clean Air Act Amend-
ments of 1990. 
"(f) STANDARD TO PROTECT HEALTH AND THE ENVIRONMENT.— 
"(1) REPORT.—Not later than 6 years after the date of enact-
ment of the Clean Air Act Amendments of 1990 the Adminis-
trator 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 stand-
ards 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 epidemiolog-
ical or other health studies, risks presented by background 
concentrations of hazardous air pollutants, any uncertain-
ties in risk assessment methodology or other health assess-
ment technique, and any negative health or environmental 
consequences to the community of efforts to reduce such 
risks; and 
"(D) recommendations as to legislation regarding such 
remaining risk. 
"(2) EMISSION STANDARDS.— 
"(A) If Congress does not act on any recommendation 
submitted under paragraph (1), the Administrator shall, 
within 8 years after promulgation of standards for each 
category or subcategory of sources pursuant to subsection 
(d), promulgate standards for such category or subcategory 
if promulgation of such standards is required in order to 
provide an ample margin of safety to protect public health 
in accordance with this section (as in effect before the date 
of enactment of the Clean Air Act Amendments of 1990) or 
to prevent, taking into consideration costs, energy, safety, 
and other relevant factors, an adverse environmental 
104 STAT. 2544 
PUBLIC LAW 101-549—NOV. 15, 1990 
effect. Emission standards promulgated under this subsec-
tion shall provide an ample margin of safety to protect 
public health in accordance with this section (as in effect 
before the date of enactment of the Clean Air Act Amend-
ments of 1990), unless the Administrator determines that a 
more stringent standard is necessary to prevent, taking into 
consideration costs, energy, safety, and other relevant fac-
tors, an adverse environmental effect. If standards promul-
gated pursuant to subsection (d) and applicable to a cat-
egory or subcategory of sources emitting a pollutant (or 
pollutants) classified as a known, probable or possible 
human carcinogen do not reduce lifetime excess cancer 
risks to the individual most exposed to emissions from a 
source in the category or subcategory to less than one in 
one million, the Administrator shall promulgate standards 
under this subsection for such source category. 
"(B) Nothing in subparagraph (A) or in any other provi-
sion of this section shall be construed as affecting, or apply-
ing to the Administrator's interpretation of this section, as 
in effect before the date of enactment of the Clean Air Act 
Amendments of 1990 and set forth in the Federal Register 
of September 14,1989 (54 Federal Register 38044). 
"(C) The Administrator shall determine whether or not to 
promulgate such standards and, if the Administrator 
decides to promulgate such standards, shall promulgate the 
standards 8 years after promulgation of the standards 
under subsection (d) for each source category or subcategory 
concerned. In the case of categories or subcategories for 
which standards under subsection (d) are required to be 
promulgated within 2 years after the date of enactment of 
the Clean Air Act Amendments of 1990, the Administrator 
shall have 9 years after promulgation of the standards 
under subsection (d) to make the determination under the 
preceding sentence and, if required, to promulgate the 
standards under this parsigraph. 
"(3) EFFECTIVE DATE.—Any emission standard established 
pursuant to this subsection shall become effective 
upon 
promulgation. 
"(4) PROHIBITION.—No air pollutant to which a standard 
under this subsection applies may be emitted from any station-
ary source in violation of such standard, except that in the case 
of an existing source— 
"(A) such standard shall not apply until 90 days after its 
effective date, and 
"(B) the Administrator may grant a waiver permitting 
such source a period of up to 2 years after the effective date 
of a standard to comply with the standard if the Adminis-
trator finds that such period is necessary for the installa-
tion of controls and that steps will be taken during the 
period of the waiver to assure that the health of persons 
will be protected from imminent endangerment. 
"(5) AREA SOURCES.—The Administrator shall not be required 
to conduct any review under this subsection or promulgate 
emission limitations under this subsection for any category or 
subcategory of area sources that is listed pursuant to subsection 
(cX3) and for which an emission standard is promulgated pursu-
ant to subsection (dX5). 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2545 
"(6) UNIQUE CHEMICAL SUBSTANCES.—In establishing stand-
ards for the control of unique chemical substances of listed 
pollutants without CAS numbers under this subsection, the 
Administrator shall establish such standards with respect to the 
health and environmental effects of the substances actually 
emitted by sources and direct transformation byproducts of 
such emissions in the categories and subcategories. 
'(g) MODIFICATIONS.— 
"(1) OFFSETS.— 
"(A) A physical change in, or change in the method of 
operation of, a major source which results in a greater than 
de minimis increase in actual emissions of a hazardous air 
pollutant shall not be considered a modification, if such 
increase in the quantity of actual emissions of any hazard-
ous air pollutant from such source will be offset by an equal 
' 
or greater decrease in the quantity of emissions of another 
hazardous air pollutant (or pollutants) from such source 
which is deemed more hazardous, pursuant to guidance 
issued by the Administrator under subparagraph (B). The 
owner or operator of such source shall submit a showing to 
the Administrator (or the State) that such increase has 
been offset under the preceding sentence. 
"(B) The Administrator shall, after notice and oppor-
tunity for comment and not later than 18 months after the 
date of enactment of the Clean Air Act Amendments of 
1990, publish guidance with respect to implementation of 
this subsection. Such guidance shall include an identifica- 
/ 
tion, 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) suffi-
cient to facilitate the offset showing authorized by subpara-
graph (A). Such guidance shall not authorize offsets 
between pollutants where the increased pollutant (or more 
than one pollutant in a stream of pollutants) causes adverse 
effects to human health for which no safety threshold for 
exposure can be determined unless there are corresponding 
decreases in such types of pollutant(s). 
"(2) CONSTRUCTION, RECONSTRUCTION AND MODIFICATIONS.— 
"(A) After the effective date of a permit program under 
title V in any State, no person may modify a major source 
of hazardous air pollutants in such State, unless the 
Administrator (or the State) determines that the maximum 
achievable control technology emission limitation under 
this section for existing sources will be met. Such deter-
mination shall be made on a case-by-case basis where no 
applicable emissions limitations have been established by 
the Administrator. 
"(B) After the effective date of a permit program under 
title V in any State, no person may construct or reconstruct 
any major source of hazardous air pollutants, unless the 
Administrator (or the State) determines that the maximum 
achievable control technology emission limitation under 
this section for new sources will be met. Such determina-
tion shall be made on a case-by-case basis where no 
applicable emission limitations have been established by 
the Administrator. 
104 STAT. 2546 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(3) PROCEDURES FOR MODIFICATIONS.—The Administrator (or 
the State) shall establish reasonable procedures for assuring 
that the requirements applying to modifications under this 
section are reflected in the permit. 
"(h) WORK PRACTICE STANDARDS AND OTHER REQUIREMENTS.— 
"(1) IN GENERAL.—For purposes of this section, if it is not 
feasible in the judgment of the Administrator to prescribe or 
enforce an emission standard for control of a hazardous air 
pollutant or pollutants, the Administrator may, in lieu thereof, 
promulgate a design, equipment, work practice, or operational 
standard, or combination thereof, which in the Administrator's 
judgment is consistent with the provisions of subsection (d) or 
(f). In the event the Administrator promulgates a design or 
equipment standard under this subsection, the Administrator 
shall include as part of such standard such requirements as will 
assure the proper operation and maintenance of any such ele-
ment of design or equipment. 
"(2) DEFINITION.—For the purpose of this subsection, the 
phrase 'not feasible to prescribe or enforce an emission stand-
ard' means any situation in which the Administrator deter-
mines that— 
"(A) a hazardous air pollutant or pollutants cannot be 
emitted through a conveyance designed and constructed to 
emit or capture such pollutant, or that any requirement for, 
or use of, such a conveyance would be inconsistent with any 
Federal, State or local law, or 
"(B) the application of measurement methodology to a 
* 
particular class of sources is not practicable due to techno-
logical and economic limitations. 
"(3) ALTERNATIVE STANDARD.—If after notice and opportunity 
for comment, the owner or operator of any source establishes to 
the satisfaction of the Administrator that an alternative means 
of emission limitation will achieve a reduction in emissions of 
any air pollutant at least equivalent to the reduction in emis-
sions of such pollutant achieved under the requirements of 
paragraph (1), the Administrator shall permit the use of such 
alternative by the source for purposes of compliance with this 
section with respect to such pollutant. 
"(4) NUMERICAL STANDARD REQUIRED.—Any standard promul-
gated under paragraph (1) shall be promulgated in terms of an 
emission standard whenever it is feasible to promulgate and 
enforce a standard in such terms. 
"(i) SCHEDULE FOR COMPLIANCE.— 
"(1) PRECONSTRUCTION AND OPERATING REQUIREMENTS.—After 
the effective date of any emission standard, limitation, or regu-
lation under subsection (d), (f) or (h), no person may construct 
any new major source or reconstruct any existing major source 
subject to such emission standard, regulation or limitation 
unless the Administrator (or a State with a permit program 
approved under title V) determines that such source, if properly 
constructed, reconstructed and operated, will comply with the 
standard, regulation or limitation. 
"(2) SPECIAL RULE.—Notwithstanding the requirements of 
paragraph (1), a new source which commences construction or 
reconstruction after a standard, limitation or regulation 
applicable to such source is proposed and before such standard, 
limitation or regulation is promulgated shall not be required to 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2547 
comply with such promulgated standard until the date 3 years 
after the date of promulgation if— 
"(A) the promulgated standard, limitation or regulation 
is more stringent than the standard, limitation or regula-
tion proposed; and 
"(B) the source complies with the standard, limitation, or 
regulation as proposed during the 3-year period imme-
diately after promulgation. 
"(3) COMPUANCE SCHEDULE FOR EXISTING SOURCES.— 
"(A) After the effective date of any emissions standard, 
limitation or regulation promulgated under this section and 
applicable to a source, no person may operate such source 
in violation of such standard, limitation or regulation 
except, in the case of an existing source, the Administrator 
shall establish a compliance date or dates for each category 
or subcategory of existing sources, which shall provide for 
compliance as expeditiously as practicable, but in no event 
later than 3 years after the effective date of such standard, 
except as provided in subparagraph (B) and paragraphs (4) 
through (8). 
"(B) The Administrator (or a State with a program 
approved under title V) may issue a permit that grants an 
extension permitting an existing source up to 1 additional 
year to comply with standards under subsection (d) if such 
additional period is necessary for the installation of con-
trols. An additional extension of up to 3 years may be added 
for mining waste operations, if the 4-year compliance time 
is insufficient to dry and cover mining waste in order to 
reduce emissions of any pollutant listed under subsection 
(b). 
"(4) PRESIDENTIAL EXEMPTION.—The President may exempt 
any stationary source from compliance with any standard or 
limitation under this section for a period of not more than 2 
years if the President determines that the technology to imple-
ment such standard is not available and that it is in the 
national security interests of the United States to do so. An 
exemption under this paragraph may be extended for 1 or more 
additional periods, each period not to exceed 2 years. The President. 
President shall report to Congress with respect to each exemp- ^®Po^-
tion (or extension thereof) made under this paragraph. 
"(5) EARLY REDUCTION.— 
"(A) The Administrator (or a State acting pursuant to a 
permit program approved under title V) shall issue a 
permit allowing an existing source, for which the owner or 
operator demonstrates that the source has achieved a 
reduction of 90 per centum or more in emissions of hazard-
ous air pollutants (95 per centum in the case of hazardous 
air pollutants which are particulates) from the source, to 
meet an alternative emission limitation reflecting such 
reduction in lieu of an emission limitation promulgated 
under subsection (d) for a period of 6 years from the compli-
ance date for the otherwise applicable standard, provided 
that such reduction is achieved before the otherwise 
applicable standard under subsection (d) is first proposed. 
Nothing in this paragraph shall preclude a State from 
requiring reductions in excess of those specified in this 
104 STAT. 2548 
PUBLIC LAW 101-549—NOV. 15, 1990 
subparagraph as a condition of granting the extension 
authorized by the previous sentence. 
"(B) An existing source which achieves the reduction 
referred to in subparagraph (A) after the proposal of an 
applicable standard but before January 1, 1994, may qualify 
under subparagraph (A), if the source makes an enforceable 
commitment to achieve such reduction before the proposal 
of the standard. Such commitment shall be enforceable to 
the same extent as a regulation under this section. 
"(C) The reduction shall be determined with respect to 
verifiable and actual emissions in a base year not earlier 
than calendar year 1987, provided that, there is no evidence 
that emissions in the base year are artificially or substan-
tially greater than emissions in other years prior to 
implementation of emissions reduction measures. The 
Administrator may allow a source to use a baseline year of 
1985 or 1986 provided that the source can demonstrate to 
the satisfaction of the Administrator that emissions data 
for the source reflects verifiable data based on information 
for such source, received by the Administrator prior to the 
enactment of the Clean Air Act Amendments of 1990, 
pursuant to an information request issued under section 
114. 
"(D) For each source granted an alternative emission 
limitation under this paragraph there shall be established 
by a permit issued pursuant to title V an enforceable 
emission limitation for hazardous air pollutants reflecting 
the reduction which qualifies the source for an alternative 
emission limitation under this paragraph. An alternative 
emission limitation under this paragraph shall not be avail-
able with respect to standards or requirements promul-
gated pursuant to subsection (f) and the Administrator 
shall, for the purpose of determining whether a standard 
under subsection (f) is necessary, review emissions from 
sources granted an alternative emission limitation under 
this paragraph at the same time that other sources in the 
category or subcategory are reviewed. 
"(E) With respect to pollutants for which high risks of 
adverse public health effects may be associated with expo-
sure to small quantities including, but not limited to, 
chlorinated dioxins and furans, the Administrator shall by 
regulation limit the use of offsetting reductions in emis-
sions of other hazardous air pollutants from the source as 
counting toward the 90 per centum reduction in such high-
risk pollutants qualifying for an alternative emissions 
limitation under this paragraph. 
"(6) OTHER REDUCTIONS.—Notwithstanding the requirements 
of this section, no existing source that has installed— 
"(A) best available control technology (as defined in sec-
tion 169(3)), or 
"(B) technology required to meet a lowest achievable 
emission rate (as defined in section 171), 
prior to the promulgation of a standard under this section 
applicable to such source and the same pollutant (or stream of 
pollutants) controlled pursuant to an action described in 
/ 
subparagraph (A) or (B) shall be required to comply with such 
standard under this section until the date 5 years after the date 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2549 
on which such installation or reduction has been achieved, as 
determined by the Administrator. The Administrator may issue 
such rules and guidance as are necessary to implement this 
paragraph. 
"(1) EXTENSION FOR NEW SOURCES.—A source for which 
construction or reconstruction is commenced after the date an 
emission standard applicable to such source is proposed pursu-
ant to subsection (d) but before the date an emission standard 
applicable to such source is proposed pursuant to subsection (f) 
shall not be required to comply with the emission standard 
under subsection (f) until the date 10 years after the date 
construction or reconstruction is commenced. 
"(8) COKE OVENS. 
"(A) Any coke oven battery that complies with the emis-
sion limitations established under subsection (d)(8)(C), 
subparagraph (B), and subparagraph (C), and complies with 
the provisions of subparagraph (E), shall not be required to 
achieve emission limitations promulgated under subsection 
(f) until January 1, 2020. 
"(B)(i) Not later than December 31, 1992, the Adminis-
trator shall promulgate emission limitations for coke oven 
emissions from coke oven batteries. Notwithstanding para-
graph (3) of this subsection, the compliance date for such 
emission limitations for existing coke oven batteries shall 
be January 1, 1998. Such emission limitations shall reflect 
the lowest achievable emission rate as defined in section 
171 for a coke oven battery that is rebuilt or a replacement 
at a coke oven plant for an existing battery. Such emission 
limitations shall be no less stringent than— 
"(I) 3 per centum leaking doors (5 per centum leaking 
doors for six meter batteries); 
"(11) 1 per centum leaking lids; 
"(III) 4 per centum leaking offtakes; and 
"(IV) 16 seconds visible emissions per charge, 
with an exclusion for emissions during the period after the 
closing of self-sealing oven doors (or the total mass emis-
sions equivalent). The rulemaking in which such emission Regulations, 
limitations are promulgated shall also establish an appro-
priate measurement methodology for determining compli-
ance with such emission limitations, and shall establish 
such emission limitations in terms of an equivalent level of 
mass emissions reduction from a coke oven battery, unless 
the Administrator finds that such a mass emissions stand-
ard would not be practicable or enforceable. Such measure-
ment methodology, to the extent it measures leaking doors, 
shall take into consideration alternative test methods that 
reflect the best technology and practices actually applied in 
the affected industries, and shall assure that the final test 
methods are consistent with the performance of such best 
technology and practices. 
"(ii) If the Administrator fails to promulgate such emis-
sion limitations under this subparagraph prior to the effec-
tive date of such emission limitations, the emission limita-
tions applicable to coke oven batteries under this subpara-
graph shall be— 
"(I) 3 per centum leaking doors (5 per centum leaking 
doors for six meter batteries); 
104 STAT. 2550 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(ID 1 per centum leaking lids; 
"(III) 4 per centum leaking offtakes; and 
"(IV) 16 seconds visible emissions per charge, 
or the total mass emissions equivalent (if the total mass 
emissions equivalent is determined to be practicable and 
enforceable), with no exclusion for emissions during the 
period after the closing of self-sealing oven doors. 
"(C) Not later than January 1, 2007, the Administrator 
shall review the emission limitations promulgated under 
subparagraph (B) and revise, as necessary, such emission 
limitations to reflect the lowest achievable emission rate as 
defined in section 171 at the time for a coke oven battery 
that is rebuilt or a replacement at a coke oven plant for an 
existing battery. Such emission limitations shall be no less 
stringent than the emission limitation promulgated under 
subparagraph (B). Notwithstanding paragraph (2) of this 
subsection, the compliance date for such emission limita-
tions for existing coke oven batteries shall be January 1, 
2010. 
"(D) At any time prior to January 1, 1998, the owner or 
operator of any coke oven battery may elect to comply with 
emission limitations promulgated under subsection (f) by 
the date such emission limitations would otherwise apply to 
such coke oven battery, in lieu of the emission limitations 
and the compliance dates provided under subparagraphs (B) 
and (C) of this paragraph. Any such owner or operator shall 
be legally bound to comply with such emission limitations 
promulgated under subsection (f) with respect to such coke 
oven battery as of January 1, 2003. If no such emission 
limitations have been promulgated for such coke oven bat-
tery, the Administrator shall promulgate such emission 
limitations in accordance with subsection (f) for such coke 
oven battery. 
"(E) Coke oven batteries qualifying for an extension 
under subparagraph (A) shall make available not later than 
January 1, 2000, to the surrounding communities the 
results of any risk assessment performed by the Adminis-
trator to determine the appropriate level of any emission 
standard established by the Administrator pursuant to 
subsection (f). 
"(F) Notwithstanding the provisions of this section, 
reconstruction of any source of coke oven emissions qualify-
ing for an extension under this paragraph shall not subject 
such source to emission limitations under subsection (f) 
more stringent than those established under subparagraphs 
(B) and (C) until January 1, 2020. For the purposes of this 
subparagraph, the term "reconstruction" includes the 
replacement of existing coke oven battery capacity with 
new coke oven batteries of comparable or lower capacity 
and lower potential emissions. 
"0") EQUIVALENT EMISSION LIMITATION BY PERMIT.— 
"(1) EFFECTIVE DATE.—The requirements of this subsection 
shall apply in each State beginning on the effective date of a 
permit program established pursuant to title V in such State, 
but not prior to the date 42 months after the date of enactment 
of the Clean Air Act Amendments of 1990. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2551 
"(2) FAILURE TO PROMULGATE A STANDARD.—In the event that 
the Administrator fails to promulgate a standard for a category 
or subcategory of major sources by the date established pursu-
ant to subsection (e)(1) and (3), and beginning 18 months after 
such date (but not prior to the effective date of a permit 
program under title V), the owner or operator of any major 
source in such category or subcategory shall submit a permit 
application under paragraph (3) and such owner or operator 
shall also comply with paragraphs (5) and (6). 
"(3) APPLICATIONS.—By the date established by paragraph (2), 
the owner or operator of a major source subject to this subsec-
tion shall file an application for a permit. If the owner or 
operator of a source has submitted a timely and complete 
application for a permit required by this subsection, any failure 
to have a permit shall not be a violation of paragraph (2), unless 
the delay in final action is due to the failure of the applicant to 
timely submit information required or requested to process the 
application. The Administrator shall not later than 18 months 
after the date of enactment of the Clean Air Act Amendments 
of 1990, and after notice and opportunity for comment, establish 
requirements for applications under this subsection including a 
standard application form and criteria for determining in a 
timely manner the completeness of applications. 
"(4) REVIEW AND APPROVAL.—Permit applications submitted 
under this subsection shall be reviewed and approved or dis-
approved according to the provisions of section 505. In the event 
that the Administrator (or the State) disapproves a permit 
application submitted under this subsection or determines that 
the application is incomplete, the applicant shall have up to 6 
months to revise the application to meet the objections of the 
Administrator (or the State). 
"(5) EMISSION UMITATION.—The permit shall be issued pursu-
ant to title V and shall contain emission limitations for the 
hazardous air pollutants subject to regulation under this section 
and emitted by the source that the Administrator (or the State) 
determines, on a case-by-case basis, to be equivalent to the 
limitation that would apply to such source if an emission stand-
ard had been promulgated in a timely manniBr under subsection 
(d). In the alternative, if the applicable criteria are met, the 
permit may contain an emissions limitation established accord-
ing to the provisions of subsection (i)(5). For purposes of the 
preceding sentence, the reduction required by subsection 
(i)(5)(A) shall be achieved by the date on which the relevant 
standard should have been promulgated under subsection (d). 
No such pollutant may be emitted in amounts exceeding an 
emission limitation contained in a permit immediately for new 
sources and, as expeditiously as practicable, but not later than 
the date 3 years after the permit is issued for existing sources or 
such other compliance date as would apply under subsection (i). 
"(6) 
APPLICABIUTY 
OF 
SUBSEQUENT 
STANDARDS.—If 
the 
Administrator promulgates an emission standard that is 
applicable to the major source prior to the date on which a 
permit application is approved, the emission limitation in the 
permit shall reflect the promulgated standard rather than the 
emission limitation determined pursuant to paragraph (5), pro-
vided that the source shall have the compliance period provided 
under subsection (i). If the Administrator promulgates a stand-
104 STAT. 2552 
PUBLIC LAW 101-549—NOV. 15, 1990 
Reports. 
ard under subsection (d) that would be applicable to the source 
in lieu of the emission limitation established by permit under 
this subsection after the date on which the permit has been 
issued, the Administrator (or the State) shall revise such permit 
upon the next renewal to reflect the standard promulgated by 
the Administrator providing such source a reasonable time to 
comply, but no longer than 8 years after such standard is 
promulgated or 8 years after the date on which the source is 
first required to comply with the emissions limitation estab-
lished by paragraph (5), whichever is earlier. 
'(k) AREA SOURCE PROGRAM.— 
"(1) FINDINGS AND PURPOSE.—The Congress finds that emis-
sions of hazardous air pollutants from area sources may individ-
ually, or in the aggregate, present significant risks to public 
health in urban areas. Considering the large number of persons 
exposed and the risks of carcinogenic and other adverse health 
effects from hazardous air pollutants, ambient concentrations 
characteristic of large urban areas should be reduced to levels 
substantially below those currently experienced. It is the pur-
pose of this subsection to achieve a substantial reduction in 
emissions of hazardous air pollutants from area sources and an 
equivalent reduction in the public health risks associated with 
such sources including a reduction of not less than 75 per 
centum in the incidence of cancer attributable to emissions 
from such sources. 
"(2) RESEARCH PROGRAM.—The Administrator shall, after con-
sultation with State and local air pollution control officials, 
conduct a program of research with respect to sources of hazard-
ous air pollutants in urban areas and shall include within such 
program— 
"(A) ambient monitoring for a broad range of hazardous 
air pollutants (including, but not limited to, volatile organic 
compounds, metals, pesticides and products of incomplete 
combustion) in a representative number of urban locations; 
"(B) analysis to characterize the sources of such pollution 
with a focus on area sources and the contribution that such 
sources make to public health risks from hazardous air 
pollutants; and 
"(C) consideration of atmospheric transformation and 
other factors which can elevate public health risks from 
such pollutants. 
Health effects considered under this program shall include, but 
not be limited to, carcinogenicity, mutagenicity, teratogenicity, 
neurotoxicity, reproductive dysfunction and other acute and 
chronic effects including the role of such pollutants as precur-
sors of ozone or acid aerosol formation. The Administrator shall 
report the preliminary results of such research not later than 3 
years after the date of enactment of the Clean Air Act Amend-
ments of 1990. 
"(3) NATIONAL STRATEGY.— 
"(A) Considering information collected pursuant to the 
monitoring program authorized by paragraph (2), the 
Administrator shall, not later than 5 years after the date of 
enactment of the Clean Air Act Amendments of 1990 and 
after notice and opportunity for public comment, prepare 
and transmit to the Congress a comprehensive strategy to 
PUBLIC LAW 101-549-NOV. 15, 1990 
104 STAT. 2553 
control emissions of hsizardous air pollutants from area 
sources in urban areas. 
"(B) The strategy shall— 
"(i) identify not less than 30 hazardous air pollutants 
which, as the result of emissions from area sources, 
present the greatest threat to public health in the 
largest number of urban areais and that are or will be 
listed pursuant to subsection (b), and 
"(ii) identify the source categories or subcategories 
emitting such pollutants that are or will be listed 
pursuant to subsection (c). When identifying categories 
and subcategories of sources under this subparagraph, 
the Administrator shall assure that sources accounting 
for 90 per centum or more of the aggregate emissions of 
each of the 30 identified hazardous air pollutants are 
subject to standards pursuant to subsection (d). 
"(C) The strategy shall include a schedule of specific 
actions to substantially reduce the public health risks posed 
by the release of hazardous air pollutants from area sources 
that will be implemented by the Administrator under the 
authority of this or other laws (including, but not limited to, 
the Toxic Substances Control Act, the Federal Insecticide, 
Fungicide and Rodenticide Act and the Resource Conserva-
tion and Recovery Act) or by the States. The strategy shall 
achieve a reduction in the incidence of cancer attributable 
to exposure to hazardous air pollutants emitted by station-
ary sources of not less than 75 per centum, considering 
control of emissions of hazardous air pollutants from all 
stationary sources and resulting from measures imple-
mented by the Administrator or by the States under this or 
other laws. 
"(D) The strategy may also identify research needs in 
monitoring, analytical methodology, modeling or pollution 
control techniques and recommendations for changes in law 
that would further the goals and objectives of this 
subsection. 
"(E) Nothing in this subsection shall be interpreted to 
preclude or delay implementation of actions with respect to 
area sources of hazardous air pollutants under consider-
ation pursuant to this or any other law and that may be 
promulgated before the strategy is prepared. 
"(F) The Administrator shall implement the strategy as 
expeditiously as practicable assuring that all sources are in 
compliance with all requirements not later than 9 years 
after the date of enactment of the Clean Air Act Amend-
ments of 1990. 
"(G) As part of such strategy the Administrator shall 
provide for ambient monitoring and emissions modeling in 
urban areas as appropriate to demonstrate that the goals 
and objectives of the strategy are being met. 
"(4) AREAWIDE ACTIVITIES.—In addition to the national urban 
air toxics strategy authorized by paragraph (3), the Adminis-
trator shall also encourage and support areawide strategies 
developed by State or local air pollution control agencies that 
are intended to reduce risks from emissions by area sources 
within a particular urban area. From the funds available for 
grants under this section, the Administrator shall set aside not 
104 STAT. 2554 
PUBLIC LAW 101-549—NOV. 15, 1990 
Public 
information. 
less than 10 per centum to support areawide strategies address-
ing hazardous air pollutants emitted by area sources and shall 
award such funds on a demonstration basis to those States with 
innovative and effective strategies. At the request of State or 
local air pollution control officials, the Administrator shall 
prepare guidelines for control technologies or management 
practices which may be applicable to various categories or 
subcategories of area sources. 
"(5) REPORT.—The Administrator shall report to the Congress 
at intervals not later than 8 and 12 years after the date of 
enactment of the Clean Air Act Amendments of 1990 on actions 
taken under this subsection and other parts of this Act to 
reduce the risk to public health posed by the release of hazard-
ous air pollutants from area sources. The reports shall also 
identify specific metropolitan areas that continue to experience 
high risks to public health as the result of emissions from area 
sources. 
"(1) STATE PROGRAMS.— 
"(1) IN GENERAL.—Each State may develop and submit to the 
Administrator for approval a program for the implementation 
and enforcement (including a review of enforcement delegations 
previously granted) of emission standards and other require-
ments for air pollutants subject to this section or requirements 
for the prevention and mitigation of accidental releases pursu-
ant to subsection (r). A program submitted by a State under this 
subsection may provide for partial or complete delegation of the 
Administrator's authorities and responsibilities to implement 
and enforce emissions standards and prevention requirements 
but shall not include authority to set standards less stringent 
than those promulgated by the Administrator under this Act. 
"(2) GUIDANCE.—Not later than 12 months after the date of 
enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall publish guidance that would be useful to 
the States in developing programs for submittal under this 
subsection. The guidance shall also provide for the registration 
of all facilities producing, processing, handling or storing any 
substance listed pursuant to subsection (r) in amounts greater 
than the threshold quantity. The Administrator shall include as 
an element in such guidance an optional program begun in 1986 
for the review of high-risk point sources of air pollutants includ-
ing, but not limited to, heizardous air pollutants listed pursuant 
to subsection (b). 
"(3) TECHNICAL ASSISTANCE.—The Administrator shall estab-
lish and maintain an air toxics clearinghouse and center to 
provide technical information and assistance to State and local 
agencies and, on a cost recovery basis, to others on control 
technology, health and ecological risk assessment, risk analysis, 
ambient monitoring and modeling, and emissions measurement 
and monitoring. The Administrator shall use the authority of 
section 103 to examine methods for preventing, measuring, and 
controlling emissions and evaluating associated health and eco-
logical risks. Where appropriate, such activity shall be con-
ducted 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 para-
graph shall be available to the public. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2555 
"(4) GRANTS.—Upon application of a State, the Administrator 
may make grants, subject to such terms and conditions as the 
Administrator deems appropriate, to such State for the purpose 
of assisting the State in developing and implementing a pro-
gram for submittal and approval under this subsection. Pro-
grams assisted under this paragraph may include program 
elements addressing air pollutants or extremely hazardous sub-
stances other than those specifically subject to this section. 
Grants under this paragraph may include support for high-risk 
point source review as provided in paragraph (2) and support for 
the development and implementation of areawide area source 
programs pursuant to subsection (k). 
"(5) APPROVAL OR DISAPPROVAL.—Not later than 180 days after 
receiving a program submitted by a State, and after notice and 
opportunity for public comment, the Administrator shall either 
approve or disapprove such program. The Administrator shall 
disapprove any program submitted by a State, if the Adminis-
trator determines that— 
"(A) the authorities contained in the program are not 
adequate to assure compliance by all sources within the 
State with each applicable standard, regulation or require-
ment established by the Administrator under this section; 
"(B) adequate authority does not exist, or adequate 
resources are not available, to implement the program; 
"(C) the schedule for implementing the program and 
assuring compliance by affected sources is not sufficiently 
expeditious; or 
"(D) the program is otherwise not in compliance with the 
guidance issued by the Administrator under paragraph (2) 
or is not likely to satisfy, in whole or in part, the objectives 
of this Act. 
If the Administrator disapproves a State program, the Adminis-
trator shall notify the State of any revisions or modifications 
necessary to obtain approval. The State may revise and resub-
mit the proposed program for review and approval pursuant to 
the provisions of this subsection. 
"(6) WITHDRAWAL.—Whenever the Administrator determines, 
after public hearing, that a State is not administering and 
enforcing a program approved pursuant to this subsection in 
accordance with the guidance published pursuant to paragraph 
(2) or the requirements of paragraph (5), the Administrator 
shall so notify the State and, if action which will assure prompt 
comi^liance is not taken within 90 days, the Administrator shall 
withdraw approval of the program. The Administrator shall not 
withdraw approval of any program unless the State shall have 
been notified and the reasons for withdrawal shall have been 
stated in writing and made public. 
"(7) AUTHORITY TO ENFORCE.—Nothing in this subsection shall 
prohibit the Administrator from enforcing any applicable emis-
sion standard or requirement under this section. 
"(8) LOCAL PROGRAM.—The Administrator may, after notice 
and opportunity for public comment, approve a program devel-
oped and submitted by a local air pollution control agency (after 
consultation with the State) pursuant to this subsection and any 
such agency implementing an approved program may take any 
action authorized to be taken by a State under this section. 
104 STAT. 2556 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(9) PERMIT AUTHORITY.—Nothing in this subsection shall 
affect the authorities and obligations of the Administrator or 
the State under title V. 
"(m) ATMOSPHERIC DEPOSITION TO GREAT LAKES AND COASTAL 
WATERS.— 
"(1) DEPOSITION ASSESSMENT.—The Administrator, in coopera-
tion with the Under Secretary of Commerce for Oceans and 
Atmosphere, shall conduct a program to identify and assess the 
extent of atmospheric deposition of hazardous air pollutants 
(and in the discretion of the Administrator, other air pollutants) 
to the Great Lakes, the Chesapeake Bay, Lake Champlain and 
coastal waters. As part of such program, the Administrator 
shall— 
"(A) monitor the Great Lakes, the Chesapeake Bay, Lake 
Champlain and coastal waters, including monitoring of the 
Great Lakes through the monitoring network established 
pursuant to paragraph (2) of this subsection and designing 
and deploying an atmospheric monitoring network for 
coastal waters pursuant to paragraph (4); 
"(B) investigate the sources and deposition rates of 
atmospheric 
deposition of air pollutants (and their 
atmospheric transformation precursors); 
"(C) conduct research to develop and improve monitoring 
methods and to determine the relative contribution of 
atmospheric pollutants to total pollution loadings to the 
Great Lakes, the Chesapeake Bay, Lake Champlain, and 
coastal waters; 
"(D) evaluate any adverse effects to public health or the 
environment caused by such deposition (including effects 
resulting from indirect exposure pathways) and assess the 
contribution of such deposition to violations of water qual-
ity standards established pursuant to the Federal Water 
Pollution Control Act and drinking water standards estab-
lished pursuant to the Safe Drinking Water Act; and 
^ 
"(E) sample for such pollutants in biota, fish, and wildlife 
of the Great Lakes, the Chesapeake Bay, Lake Champlain 
and coastal waters and characterize the sources of such 
pollutants. 
"(2) GREAT LAKES MONITORING NETWORK.—The Administrator 
shall oversee, in accordance with Annex 15 of the Great Lakes 
Water Quality Agreement, the establishment and operation of a 
Great Lakes atmospheric deposition network to monitor 
atmospheric deposition of hazardous air pollutants (and in the 
Administrator's discretion, other air pollutants) to the Great 
Lakes. 
"(A) As part of the network provided for in this para-
graph, and not later than December 31, 1991, the Adminis-
trator shall establish in each of the 5 Great Lakes at least 1 
facility capable of monitoring the atmospheric deposition of 
hazardous air pollutants in both dry and wet conditions. 
"(B) The Administrator shall use the data provided by the 
network to identify and track the movement of hazardous 
air pollutants through the Great Lakes, to determine the 
portion of water 
pollution 
loadings 
attributable to 
atmospheric deposition of such pollutants, and to support 
development of remedial action plans and other manage-
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2557 
ment plans as required by the Great Lakes Water Quality 
Agreement. 
"(C) The Administrator shall assure that the data col-
lected by the Great Lakes atmospheric deposition monitor-
ing network is in a format compatible with databases 
sponsored by the International Joint Commission, Canada, 
and the several States of the Great Lakes region. 
"(3) MONITORING FOR THE CHESAPEAKE BAY AND LAKE CHAM-
PLAiN.—The Administrator shall establish at the Chesapeake 
Bay and Lake Champlain atmospheric deposition stations to 
monitor deposition of hazardous air pollutants (and in the 
Administrator's discretion, other air pollutants) within the 
Chesapeake 
Bay and 
Lake Champlain 
watersheds. 
The 
Administrator shall determine the role of air deposition in the 
pollutant loadings of the Chesapeake Bay and Lake Champlain, 
investigate the sources of air pollutants deposited in the water-
sheds, evaluate the health and environmental effects of such 
pollutant loadings, and shall sample such pollutants in biota, 
fish and wildlife within the watersheds, as necessary to 
characterize such effects. 
"(4) MONITORING FOR COASTAL WATERS.—The Administrator 
shall design and deploy atmospheric deposition monitoring net-
works for coastal waters and their watersheds and shall make 
any information collected through such networks available to 
the public. As part of this effort, the Administrator shall con-
duct research to develop and improve deposition monitoring 
methods, and to determine the relative contribution of 
atmospheric pollutants to pollutant loadings. For purposes of 
this subsection, 'coastal waters' shall mean estuaries selected 
pursuant to section 320(a)(2)(A) of the Federal Water Pollution 
Control Act or listed pursuant to section 320(a)(2)(B) of such Act 
or estuarine research reserves designated pursuant to section 
315 of the Coastal Zone Management Act (16 U.S.C. 1461). 
"(5) REPORT.—Within 3 years of the date of enactment of the 
Clean Air Act Amendments of 1990 and biennially thereafter, 
the Administrator, in cooperation with the Under Secretary of 
Commerce for Oceans and Atmosphere, shall submit to the 
Congress a report on the results of any monitoring, studies, and 
investigations conducted pursuant to this subsection. Such 
report shall include, at a minimum, an assessment o
f
— 
"(A) the contribution of atmospheric deposition to pollu-
tion loadings in the Great Lakes, the Chesapeake Bay, Lake 
Champlain and coastal waters; 
"(B) the environmental and public health effects of any 
pollution which is attributable to atmospheric deposition to 
the Great Lakes, the Chesapeake Bay, Lake Champlain and 
coastal waters; 
"(C) the source or sources of any pollution to the Great 
Lakes, the Chesapeake Bay, Lake Champlain and coastal 
waters which is attributable to atmospheric deposition; 
"(D) whether pollution loadings in the Great Lakes, the 
Chesapeake Bay, Lake Champlain or coastal waters cause 
or contribute to exceedances of drinking water standards 
pursuant to the Safe Drinking Water Act or water quality 
standards pursuant to the Federal Water Pollution Control 
Act or, with respect to the Great Lakes, exceedances of the 
104 STAT. 2558 
PUBLIC LAW 101-549—NOV. 15, 1990 
specific objectives of the Great Lakes Water Quality Agree-
ment; and 
"(E) a description of any revisions of the requirements, 
standards, and limitations pursuant to this Act and other 
applicable Federal laws as are necessary to assure protec-
tion of human health and the environment. 
"(6) ADDITIONAL REGULATION.—As part of the report to Con-
gress, the Administrator shall determine whether the other 
provisions of this section are adequate to prevent serious 
adverse effects to public health and serious or widespread 
environmental effects, including such effects resulting from 
indirect exposure pathways, associated with atmospheric deposi-
tion to the Great Lakes, the Chesapeake Bay, Lake Champlain 
and coastal waters of h£izardous air pollutants (and their 
atmospheric transformation products). The Administrator shall 
take into consideration the tendency of such pollutants to 
bioaccumulate. Within 5 years after the date of enactment of 
the Clean Air Act Amendments of 1990, the Administrator 
shall, based on such report and determination, promulgate, in 
accordance with this section, such further emission standards or 
control measures as may be necessary and appropriate to pre-
vent such effects, including effects due to bioaccumulation and 
indirect exposure pathways. Any requirements promulgated 
pursuant to this paragraph with respect to coastal waters shall 
only apply to the coastal waters of the States which are subject 
to section 328(a). 
"(n) OTHER PROVISIONS.— 
"(1) ELECTRIC UTIUTY STEAM GENERATING UNITS.— 
"(A) The Administrator shall perform a study of the 
hazards to public health reasonably anticipated to occur £is 
a result of emissions by electric utility steam generating 
units of pollutants listed under subsection Qy) after imposi-
tion of the requirements of this Act. The Administrator 
shall report the results of this study to the Congress within 
3 years after the date of the enactment of the Clean Air Act 
Amendments of 1990. The Administrator shall develop and 
describe in the Administrator's report to Congress alter-
native control strategies for emissions which may warrant 
regulation under this section. The Administrator shall 
regulate electric utility steam generating units under this 
section, if the Administrator finds such regulation is appro-
priate and necessary after considering the results of the 
study required by this subparagraph. 
"(B) The Administrator shall conduct, and transmit to 
the Congress not later than 4 years after the date of 
enactment of the Clean Air Act Amendments of 1990, a 
study of mercury emissions from electric utility steam 
generating units, municipal waste combustion units, and 
other sources, including area sources. Such study shall 
consider the rate and mass of such emissions, the health 
and environmental effects of such emissions, technologies 
which are available to control such emissions, and the costs 
of such technologies. 
"(C) The National Institute of Environmental Health 
Sciences shall conduct, and transmit to the Congress not 
later than 3 years after the date of enactment of the Clean 
Air Act Amendments of 1990, a study to determine the 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2559 
threshold level of mercury exposure below which adverse 
human health effects are not expected to occur. Such study 
shall include a threshold for mercury concentrations in the 
tissue of fish which may be consumed (including consump-
tion by sensitive populations) without adverse effects to 
public health. 
"(2) COKE OVEN PRODUCTION TECHNOLOGY STUDY.— 
"(A) The Secretary of the Department of Energy and the 
Administrator shall jointly undertake a 6-year study to 
assess coke oven production emission control technologies 
and to assist in the development and commercialization of 
technically practicable and economically viable control 
technologies which have the potential to significantly 
reduce emissions of hazardous air pollutants from coke 
oven production facilities. In identifying control tech-
nologies, the Secretary and the Administrator shall con-
sider the range of existing coke oven operations and battery 
design and the availability of sources of materials for such 
coke ovens as well as alternatives to existing coke oven 
production design. 
"(B) The Secretary and the Administrator are authorized 
to enter into agreements with persons who propose to 
develop, install and operate coke production emission con-
trol technologies which have the potential for significant 
emissions reductions of hazardous air pollutants provided 
that Federal funds shall not exceed 50 per centum of the 
cost of any project assisted pursuant to this paragraph. 
"(C) The Secretary shall prepare annual reports to Con- Reports, 
gress on the status of the research program and at the 
completion of the study shall make recommendations to the 
Administrator identifying practicable and economically 
viable control technologies for coke oven production facili-
ties to reduce residual risks remaining after implementa-
tion of the standard under subsection (d). 
"(D) There are authorized to be appropriated $5,000,000 
for each of the fiscal years 1992 through 1997 to carry out 
the program authorized by this paragraph. 
"(3) PuBUCLY OWNED TREATMENT WORKS.—The Administrator 
may conduct, in cooperation with the owners and operators of 
publicly owned treatment works, studies to characterize emis-
sions of hazardous air pollutants emitted by such facilities, to 
identify industrial, commercial and residential discharges that 
contribute to such emissions and to demonstrate control meas-
ures for such emissions. When promulgating any standard 
under this section applicable to publicly owned treatment 
works, the Administrator may provide for control measures 
that include pretreatment of discharges causing emissions of 
hazardous air pollutants and process or product substitutions or 
limitations that may be effective in reducing such emissions. 
The Administrator may prescribe uniform sampling, modeling 
and risk assessment methods for use in implementing this 
subsection. 
"(4) OIL AND GAS WELLS; PIPELINE FACILITIES.— 
"(A) Notwithstanding the provisions of subsection (a), 
emissions from any oil or gas exploration or production well 
(with its associated equipment) and emissions from any 
pipeline compressor or pump station shall not be aggre-
Appropriation 
authorization. 
104 STAT. 2560 
PUBLIC LAW 101-549—NOV. 15, 1990 
gated with emissions from other similar units, whether or 
not such units are in a contiguous area or under common 
control, to determine whether such units or stations are 
major sources, and in the case of any oil or gas exploration 
or production well (with its associated equipment), such 
emissions shall not be aggregated for any purpose under 
this section. 
"(B) The Administrator shall not list oil and gas produc-
tion wells (with its associated equipment) as an area source 
category under subsection (c), except that the Adminis-
trator may establish an area source category for oil and gas 
production wells located in any metropolitan statistical 
area or consolidated metropolitan statistical area with a 
population in excess of 1 million, if the Administrator 
determines that emissions of hazardous air pollutants from 
such wells present more than a negligible risk of adverse 
effects to public health. 
"(5) HYDROGEN SULFIDE.—The Administrator is directed to 
assess the hazards to public health and the environment result-
ing from the emission of hydrogen sulfide associated with the 
extraction of oil and natural gas resources. To the extent prac-
ticable, the assessment shall build upon and not duplicate work 
conducted for an assessment pursuant to section 8002(m) of the 
Solid Waste Disposal Act and shall reflect consultation with the 
States. The assessment shall include a review of existing State 
and industry control standards, techniques and enforcement. 
The Administrator shall report to the Congress within 24 
months after the date of enactment of the Clean Air Act 
Amendments of 1990 with the findings of such assessment, 
together with any recommendations, and shall, as appropriate, 
develop and implement a control strategy for emissions of 
hydrogen sulfide to protect human health and the environment, 
based on the findings of such assessment, using authorities 
under this Act including sections 111 and this section. 
"(6) HYDROFLUORIC ACID.—Not later than 2 years after the 
date of enactment of the Clean Air Act Amendments of 1990, 
the Administrator shall, for those regions of the country which 
do not have comprehensive health and safety regulations with 
respect to hydrofluoric acid, complete a study of the potential 
hazards of hydrofluoric acid and the uses of hydrofluoric acid in 
industrial and commercial applications to public health and the 
environment considering a range of events including worst-ceise 
accidental releases and shall make recommendations to the 
Congress for the reduction of such hazards, if appropriate. 
"(7) RCRA FACiUTiES.—In the case of any category or sub-
category of sources the air emissions of which are regulated 
under subtitle C of the Solid Waste Disposal Act, the Adminis-
trator shall take into account any regulations of such emissions 
which are promulgated under such subtitle and shall, to the 
maximum extent practicable and consistent with the provisions 
of this section, ensure that the requirements of such subtitle 
and this section are consistent, 
"(o) NATIONAL ACADEMY OF SCIENCES STUDY.— 
"(1) REQUEST OF THE ACADEMY.—Within 3 months of the date 
of enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall enter into appropriate arrangements with 
the National Academy of Sciences to conduct a review of— 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2561 
"(A) risk assessment methodology used by the Environ-
mental Protection Agency to determine the carcinogenic 
risk associated with exposure to hazardous air pollutants 
from source categories and subcategories subject to the 
requirements of this section; and 
"(B) improvements in such methodology. 
"(2) ELEMENTS TO BE STUDIED.—In conducting such review, the 
National Academy of Sciences should consider, but not be lim-
ited to, the following— 
"(A) the techniques used for estimating and describing 
the carcinogenic potency to humans of hazardous air pollut-
ants; and 
"(B) the techniques used for estimating exposure to 
hazardous air pollutants (for hypothetical and actual maxi-
mally exposed individuals as well as other exposed 
individuals). 
"(3) OTHER HEALTH EFFECTS OF CONCERN.—To the extent prac-
ticable, the Academy shall evaluate and report on the methodol-
ogy for assessing the risk of adverse human health effects other 
than cancer for which safe thresholds of exposure may not exist, 
including, but not limited to, inheritable genetic mutations, 
birth defects, and reproductive dysfunctions. 
"(4) REPORT.—A report on the results of such review shall be 
submitted to the Senate Committee on Environment and Public 
Works, the House Committee on Energy and Commerce, the 
Risk Assessment and Management Commission established by 
section 303 of the Clean Air Act Amendments of 1990 and the 
Administrator not later than 30 months after the date of enact-
ment of the Clean Air Act Amendments of 1990. 
"(5) ASSISTANCE.—The Administrator shall assist the Acad-
emy in gathering any information the Academy deems nec-
essary to carry out this subsection. The Administrator may use 
any authority under this Act to obtain information from any 
person, and to require any person to conduct tests, keep and 
produce records, and make reports respecting research or other 
activities conducted by such person as necessary to carry out 
this subsection. 
"(6) AUTHORIZATION.—Of the funds authorized to be appro-
priated to the Administrator by this Act, such amounts as are 
required shall be available to carry out this subsection. 
"(7) 
GUIDELINES FOR CARCINOGENIC RISK ASSESSMENT.—The 
Administrator shall consider, but need not adopt, the rec-
ommendations contained in the report of the National Academy 
of Sciences prepared pursuant to this subsection and the views 
of the Science Advisory Board, with respect to such report. Prior 
to the promulgation of any standard under subsection (f), and 
after notice and opportunity for comment, the Administrator 
shall publish revised Guidelines for Carcinogenic Risk Assess-
ment or a detailed explanation of the reasons that any rec-
ommendations contained in the report of the National Academy 
of Sciences will not be implemented. The publication of such 
revised Guidelines shall be a final Agency action for purposes of 
section 307. 
'(p) MICKEY LELAND URBAN AIR TOXICS RESEARCH CENTER.— 
"(1) EsTABUSHMENT.—The Administrator shall oversee the 
establishment of a National Urban Air Toxics Research Center, 
to be located at a university, a hospital, or other facility capable 
104 STAT. 2562 
PUBLIC LAW 101-549—NOV. 15, 1990 
of undertaking and maintaining similar research capabilities in 
the areas of epidemiology, oncology, toxicology, pulmonary 
medicine, pathology, and biostatistics. The center shall be 
known as the Mickey Leland National Urban Air Toxics 
Research Center. The geographic site of the National Urban Air 
Toxics Research Center should be further directed to Harris 
County, Texas, in order to take full advantage of the well 
developed scientific community presence on-site at the Texas 
Medical Center as well as the extensive data previously com-
piled for the comprehensive monitoring system currently in 
place. 
"(2) BOARD OF DIRECTORS.—The National Urban Air Toxics 
Research Center shall be governed by a Board of Directors to be 
comprised of 9 members, the appointment of which shall be 
allocated pro rata among the Speaker of the House, the Major-
ity Leader of the Senate and the President. The members of the 
Board of Directors shall be selected based on their respective 
academic and professional backgrounds and expertise in mat-
ters relating to public health, environmental pollution and 
Reports. 
industrial hygiene. The duties of the Board of Directors shall be 
to determine policy and research guidelines, submit views from 
center sponsors and the public and issue periodic reports of 
center findings and activities. 
"(3) SCIENTIFIC ADVISORY PANEL.—The Board of Directors shall 
be advised by a Scientific Advisory Panel, the 13 members of 
which shall be appointed by the Board, and to include eminent 
members of the scientific and medical communities. The Panel 
membership may include scientists with relevant experience 
from the National Institute of Environmental Health Sciences, 
the Center for Disease Control, the Environmental Protection 
Agency, the National Cancer Institute, and others, and the 
Panel shall conduct peer review and evaluate research results. 
The Panel shall assist the Board in developing the research 
agenda, reviewing proposals and applications, and advise on the 
awarding of research grants. 
"(4) FUNDING.—The center shall be established and funded 
with both Federal and private source funds, 
(q) SAVINGS PROVISION.— 
"(1) STANDARDS PREVIOUSLY PROMULGATED.—Any standard 
under this section in effect before the date of enactment of the 
Clean Air Act Amendments of 1990 shall remain in force and 
effect after such date unless modified as provided in this section 
before the date of enactment of such Amendments or under 
such Amendments. Except as provided in paragraph (4), any 
standard under this section which has been promulgated, but 
has not taken effect, before such date shall not be affected by 
such Amendments unless modified as provided in this section 
before such date or under such Amendments. Each such stand-
ard shall be reviewed and, if appropriate, revised, to comply 
with the requirements of subsection (d) within 10 years after the 
date of enactment of the Clean Air Act Amendments of 1990. If 
a timely petition for review of any such standard under section 
307 is pending on such date of enactment, the standard shall be 
upheld if it complies with this section as in effect before that 
date. If any such standard is remanded to the Administrator, 
the Administrator may in the Administrator's discretion apply 
either the requirements of this section, or those of this section 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2563 
as in effect before the date of enactment of the Clean Air Act 
Amendments of 1990. 
"(2) SPECIAL RULE.—Notwithstanding paragraph (1), no stand-
ard shall be established under this section, as amended by the 
Clean Air Act Amendments of 1990, for radionuclide emissions 
from (A) elemental phosphorous plants, (B) grate calcination 
elemental phosphorous plants, (C) phosphogypsum stacks, or (D) 
any subcategory of the foregoing. This section, as in effect prior 
to the date of enactment of the Clean Air Act Amendments of 
1990, shall remain in effect for radionuclide emissions from 
such plants and stacks. 
"(3) OTHER CATEGORIES.—Notwithstanding paragraph (1), this 
section, as in effect prior to the date of enactment of the Clean 
Air Act Amendments of 1990, shall remain in effect for radio-
nuclide emissions from non-Department of Energy Federal 
facilities that are not licensed by the Nuclear Regulatory 
Commission, coal-fired utility and industrial boilers, under-
ground uranium mines, surface uranium mines, and disposal of 
uranium mill tailings piles, unless the Administrator, in the 
Administrator's discretion, applies the requirements of this 
section as modified by the Clean Air Act Amendments of 1990 to 
such sources of radionuclides. 
"(4) MEDICAL FACILITIES.—Notwithstanding paragraph (1), no 
standard promulgated under this section prior to the date of 
enactment of the Clean Air Act Amendments of 1990 with 
respect to medical research or treatment facilities shall take 
effect for two years following the date of enactment of the Clean 
Air Act Amendments of 1990, unless the Administrator makes a 
determination pursuant to a rulemaking under section 112(d)(9). 
If the Administrator determines that the regulatory program 
established by the Nuclear Regulatory Commission for such 
facilities does not provide an ample margin of safety to protect 
public health, the requirements of section 112 shall fully apply 
to such facilities. If the Administrator determines that such 
regulatory program does provide an ample margin of safety to 
protect the public health, the Administrator is not required to 
promulgate a standard under this section for such facilities, as 
provided in section 112(d)(9). 
'(r) PREVENTION OF ACCIDENTAL RELEASES.— 
"(1) PURPOSE AND GENERAL DUTY.—It shall be the objective of 
the regulations and programs authorized under this subsection 
to prevent the accidental release and to minimize the con-
sequences of any such relesise of any substance listed pursuant 
to paragraph (3) or any other extremely hazardous substance. 
The owners and operators of stationary sources producing, 
processing, handling or storing such substances have a general 
duty in the same manner and to the same extent as section 654, 
title 29 of the United States Code, to identify hazards which 
may result from such releases using appropriate hazard assess-
ment techniques, to design and maintain a safe facility taking 
such steps as are necessary to prevent releases, and to minimize 
the consequences of accidental releases which do occur. For 
purposes of this paragraph, the provisions of section 304 shall 
not be available to any person or otherwise be construed to be 
applicable to this paragraph. Nothing in this section shall be 
interpreted, construed, implied or applied to create any liability 
or basis for suit for compensation for bodily injury or any other 
104 STAT. 2564 
PUBLIC LAW 101-549—NOV. 15, 1990 
Regulations. 
injury or property damages to any person which may result 
from accidental releases of such substances. 
"(2) DEFINITIONS.— 
"(A) The term 'accidental release' means an unantici-
pated emission of a regulated substance or other extremely 
hazardous substance into the ambient air from a stationary 
source. 
"(B) The term 'regulated substance' means a substance 
listed under paragraph (3). 
"(C) The term 'stationary source' means any buildings, 
structures, equipment, installations or substance emitting 
stationary activities (i) which belong to the same industrial 
group, (ii) which are located on one or more contiguous 
properties, (iii) which are under the control of the same 
person (or persons under common control), and (iv) from 
which an accidental release may occur. 
"(3) LIST OF SUBSTANCES.—The Administrator shall promul-
gate not later than 24 months after enactment of the Clean Air 
Act Amendments of 1990 an initial list of 100 substances which, 
in the case of an accidental release, are known to cause or may 
reasonably be anticipated to cause death, injury, or serious 
adverse effects to human health or the environment. For pur-
poses of promulgating such list, the Administrator shall use, but 
is not limited to, the list of extremely hazardous substances 
published under the Emergency Planning and Community 
Right-to-Know Act of 1986, with such modifications as the 
Administrator deems appropriate. The initial list shall include 
chlorine, anhydrous ammonia, methyl chloride, ethylene oxide, 
vinyl chloride, methyl isocyanate, hydrogen cyanide, ammonia, 
hydrogen sulfide, toluene diisocyanate, phosgene, bromine, 
anhydrous hydrogen chloride, hydrogen fluoride, anhydrous 
sulfur dioxide, and sulfur trioxide. The initial list shall include 
at least 100 substances which pose the greatest risk of causing 
death, injury, or serious adverse effects to human health or the 
environment from accidental releases. Regulations establishing 
the list shall include an explanation of the basis for establishing 
the list. The list may be revised from time to time by the 
Administrator on the Administrator's own motion or by petition 
and shall be reviewed at least every 5 years. No air pollutant for 
which a national primary ambient air quality standard has 
been established shall be included on any such list. No sub-
stance, practice, process, or activity regulated under title VI 
shall be subject to regulations under this subsection. The 
Administrator shall establish procedures for the addition and 
deletion of substances from the list established under this para-
graph consistent with those applicable to the list in subsection 
(b). 
"(4) FACTORS TO BE CONSIDERED.—In listing substances under 
paragraph (3), the Administrator shall consider each of the 
following criteria— 
"(A) the severity of any acute adverse health effects 
associated with accidental releases of the substance; 
"(B) the likelihood of accidental releases of the substance; 
and 
"(C) the potential magnitude of human exposure to 
accidental releases of the substance. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2565 
"(5) THRESHOLD QUANTITY.—At the time any substance is 
listed pursuant to paragraph (3), the Administrator shall estab-
lish by rule, a threshold quantity for the substance, taking into 
account the toxicity, reactivity, volatility, dispersibility, combus-
tibility, or flammability of the substance and the amount of the 
substance which, as a result of an accidental release, is known 
to cause or may reasonably be anticipated to cause death, injury 
or serious adverse effects to human health for which the sub-
stance was listed. The Administrator is authorized to establish a 
greater threshold quantity for, or to exempt entirely, any sub-
stance that is a nutrient used in agriculture when held by a 
farmer. 
"(6) CHEMICAL SAFETY BOARD.— 
"(A) There is hereby established an independent safety Establishment. 
board to be known as the Chemical Safety and Hazard 
Investigation Board. 
"(B) The Board shall consist of 5 members, including a 
Chairperson, who shall be appointed by the President, by 
and with the advice and consent of the Senate. Members of 
the Board shall be appointed on the basis of technical 
qualification, professional standing, and 
demonstrated 
knowledge in the fields of accident reconstruction, safety 
engineering, human factors, toxicology, or air pollution 
regulation. The terms of office of members of the Board 
shall be 5 years. Any member of the Board, including the 
Chairperson, may be removed for inefficiency, neglect of 
duty, or malfeasance in office. The Chairperson shall be the 
Chief Executive Officer of the Board and shall exercise the 
executive and administrative functions of the Board. 
"(C) The Board shall— 
"(i) investigate (or cause to be investigated), deter-
mine and report to the public in writing the facts, 
conditions, and circumstances and the cause or prob-
able cause of any accidental release resulting in a 
fatality, 
serious 
injury 
or 
substantial 
property 
damages; 
"(ii) issue periodic reports to the Congress, Federal, Reports. 
State and local agencies, including the Environmental 
Protection Agency and the Occupational Safety and 
Health Administration, concerned with the safety of 
chemical production, processing, handling and storage, 
and other interested persons recommending measures 
to reduce the likelihood or the consequences of acciden- 
' 
tal releases and proposing corrective steps to make 
chemical production, processing, handling and storage 
as safe and free from risk of injury as is possible and 
may include in such reports proposed rules or orders 
which should be issued by the Administrator under the 
authority of this section or the Secretary of Labor 
under the Occupational Safety and Health Act to pre-
vent or minimize the consequences of any release of 
substances that may cause death, injury or other seri-
ous adverse effects on human health or substantial 
property damage as the result of an accidental release; 
and 
"(iii) establish by regulation requirements binding on 
, 
persons for reporting accidental releases into the am-
104 STAT. 2566 
PUBLIC LAW 101-549—NOV. 15, 1990 
bient air subject to the Board's investigatory jurisdic-
tion. Reporting releases to the National Response 
Center, in lieu of the Board directly, shall satisfy such 
regulations. The National Response Center shall 
promptly notify the Board of any releases which are 
within the Board's jurisdiction. 
"(D) The Board may utilize the expertise and experience 
of other agencies. 
"(E) The Board shall coordinate its activities with inves-
tigations 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 memoran-
dum of understanding with the National Transportation 
Safety Board to assure coordination of functions and to 
limit duplication of activities which shall designate the 
National Transportation Safety Board as the lead agency 
for the investigation of releases which are transportation 
related. The Board shall not be authorized to investigate 
marine oil spills, which the National Transportation Safety 
Board is authorized to investigate. The Board shall enter 
into a memorandum of understanding with the Occupa-
tional Safety and Health Administration so as to limit 
duplication of activities. In no event shall the Board forego 
an investigation where an accidental release causes a fatal-
ity or serious injury among the general public, or had the 
potential to cause substantial property damage or a number 
of deaths or injuries among the general public. 
"(F) The Board is authorized to conduct research and 
studies with respect to the potential for accidental releases, 
whether or not an accidental release has occurred, where 
there is evidence which indicates the presence of a potential 
hazard or hazards. To the extent practicable, the Board 
shall conduct such studies in cooperation with other Fed-
eral agencies having emergency response authorities, State 
and local governmental agencies and associations and 
organizations from the industrial, cpmmercial, and non-
profit sectors. 
"(G) No part of the conclusions, findings, or recommenda-
tions of the Board relating to any accidental release or the 
investigation thereof shall be admitted as evidence or used 
in any action or suit for damages arising out of any matter 
mentioned in such report. 
Sports. 
"(H) Not later than 18 months after the date of enact-
ment of the Clean Air Act Amendments of 1990, the Board 
shall publish a report accompanied by recommendations to 
the Administrator on the use of hazard assessments in 
preventing the occurrence and minimizing the con-
sequences of accidental releases of extremely hazardous 
substances. The recommendations shall include a list of 
extremely heizardous substances which are not regulated 
substances 
(including 
threshold 
quantities 
for 
such 
substances) and categories of stationary sources for which 
hazard assessments would be an appropriate measure to aid 
in the prevention of accidental releases and to minimize the 
consequences of those releases that do occur. The rec-
ommendations shall also include a description of the 
information and analysis which would be appropriate to 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2567 
include in any hazard assessment. The Board shall also 
make recommendations with respect to the role of risk 
management plans as required by paragraph (8)(B) in 
preventing accidental releases. The Board may from time to 
time review and revise its recommendations under this 
subparagraph. 
"(I) Whenever the Board submits a recommendation with 
respect to accidental releases to the Administrator, the 
Administrator shall respond to such recommendation for-
mally and in writing not later than 180 days after receipt 
thereof. The response to the Board's recommendation by 
the Administrator shall indicate whether the Adminis-
trator will— 
"(i) initiate a rulemaking or issue such orders as are 
necessary to implement the recommendation in full or 
in part, pursuant to any timetable contained in the 
recommendation; 
"(ii) decline to initiate a rulemaking or issue orders 
as recommended. 
Any determination by the Administrator not to implement 
a recommendation of the Board or to implement a rec-
ommendation only in part, including any variation from 
the schedule contained in the recommendation, shall be 
accompanied by a statement from the Administrator set-
ting forth the reasons for such determination. 
"(J) The Board may make recommendations with respect 
to accidental releases to the Secretary of Labor. Whenever 
the Board submits such recommendation, the Secretary 
shall respond to such recommendation formally and in 
writing not later than 180 days after receipt thereof. The 
response to the Board's recommendation by the Adminis-
trator shall indicate whether the Secretary will— 
"(i) initiate a rulemaking or issue such orders as are 
necessary to implement the recommendation in full or 
in part, pursuant to any timetable contained in the 
recommendation; 
"(ii) decline to initiate a rulemaking or issue orders 
as recommended. 
Any determination by the Secretary not to implement a 
recommendation or to implement a recommendation only 
in part, including any variation from the schedule con-
tained in the recommendation, shall be accompanied by a 
statement from the Secretary setting forth the reasons for 
such determination. 
"(K) Within 2 years after enactment of the Clean Air Act Reports. 
Amendments of 1990, the Board shall issue a report to the 
Administrator of the Environmental Protection Agency and 
to the Administrator of the Occupational Safety and Health 
Administration recommending the adoption of regulations 
for the preparation of risk management plans and general 
requirements for the prevention of accidental releases of 
regulated substances into the ambient air (including rec-
ommendations for listing substances under paragraph (3)) 
and for the mitigation of the potential adverse effect on 
human health or the environment as a result of accidental 
releases which should be applicable to any stationary 
^ 
source handling any regulated substance in more than 
104 STAT. 2568 
PUBLIC LAW 101-549—NOV. 15, 1990 
threshold amounts. The Board may include proposed rules 
or orders which should be issued by the Administrator 
under authority of this subsection or by the Secretary of 
Labor under the Occupational Safety and Health Act. Any 
such recommendations shall be specific and shall identify 
the regulated substance or class of regulated substances (or 
other substances) to which the recommendations apply. The 
Administrator shall consider such recommendations before 
promulgating regulations required by paragraph (7)(B). 
"(L) The Board, or upon authority of the Board, any 
member thereof, any administrative law judge employed by 
or assigned to the Board, or any officer or employee duly 
designated by the Board, may for the purpose of carrying 
out duties authorized by subparagraph (C)— 
"(i) hold such hearings, sit and act at such times and 
places, administer such oaths, and require by subpoena 
or otherwise attendance and testimony of such wit-
nesses and the production of evidence and may require 
by order that any person engaged in the production, 
processing, handling, or storage of extremely hazardous 
substances submit written reports and responses to 
requests and questions within such time and in such 
form as the Board may require; and 
"(ii) upon presenting appropriate credentials and a 
written notice of inspection authority, enter any prop-
erty where an accidental release causing a fatality, 
serious injury or substantial property damage has 
occurred and do all things therein necessary for a 
proper investigation pursuant to subparagraph (C) and 
inspect at reasonable times records, files, papers, proc-
esses, controls, and facilities and take such samples as 
are relevant to such investigation. 
Whenever the Administrator or the Board conducts an 
inspection of a facility pursuant to this subsection, employ-
ees and their representatives shall have the same rights to 
participate in such inspections as provided in the Occupa-
tional Safety and Health Act. 
"(M) In addition to that described in subparagraph (L), 
the Board may use any information gathering authority of 
the Administrator under this Act, including the subpoena 
power provided in section 307(aXl) of this Act. 
"(N) The Board is authorized to establish such procedural 
and administrative rules as are necessary to the exercise of 
its functions and duties. The Board is authorized without 
regard to section 5 of title 41 of the United States Code to 
enter into contracts, leases, cooperative agreements or 
other transactions as may be necessary in the conduct of 
the duties and functions of the Board with any other 
agency, institution, or person. 
"(O) After the effective date of any reporting requirement 
promulgated pursuant to subparagraph (CXiii) it shall be 
unlawful for any person to fail to report any release of any 
extremely hazardous substance as required by such 
subparagraph. The Administrator is authorized to enforce 
any regulation or requirements established by the Board 
^ 
pursuant to subparagraph (CXiii) using the authorities of 
sections 113 and 114. Any request for information from the 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2569 
owner or operator of a stationary source made by the Board 
or by the Administrator under this section shall be treated, 
for purposes of sections 113, 114, 116, 120, 303, 304 and 307 
and any other enforcement provisions of this Act, as a 
request made by the Administrator under section 114 and 
may be enforced by the Chairperson of the Board or by the 
Administrator as provided in such section. 
"(P) The Administrator shall provide to the Board such 
support and facilities as may be necessary for operation of 
the Board. 
"(Q) Consistent with subsection (G) and section 114(c) any Records, 
records, reports or information obtained by the Board shall 
be available to the Administrator, the Secretary of Labor, 
the Congress and the public, except that upon a showing 
satisfactory to the Board by any person that records, 
reports, or information, or particular part thereof (other 
than release or emissions data) to which the Board has 
access, if made public, is likely to cause substantial harm to 
the person's competitive position, the Board shall consider 
such record, report, or information or particular portion 
thereof confidential in accordance with section 1905 of title 
18 of the United States Code, except that such record, 
report, or information may be disclosed to other officers, 
employees, and authorized representatives of the United 
States concerned with carrying out this Act or when rel-
evant under any proceeding under this Act. This subpara-
graph does not constitute authority to withhold records, 
reports, or information from the Congress. 
"(R) Whenever the Board submits or transmits any 
budget estimate, budget request, supplemental budget 
request, or other budget information, legislative rec- 
_— 
ommendation, prepared testimony for congressional hear- 
^ 
ings, recommendation or study to the President, the Sec-
retary of Labor, the Administrator, or the Director of the 
Office of Management and Budget, it shall concurrently 
transmit a copy thereof to the Congress. No report of the 
Board shall be subject to review by the Administrator or 
any Federal agency or to judicial review in any court. No 
officer or agency of the United States shall have authority 
to require the Board to submit its budget requests or esti-
mates, legislative recommendations, prepared testimony, 
comments, recommendations or reports to any officer or 
agency of the United States for approval or review prior to 
the submission of such recommendations, testimony, com-
ments or reports to the Congress. In the performance of 
their functions as established by this Act, the members, 
officers and employees of the Board shall not be responsible 
to or subject to supervision or direction, in carr3dng out any 
duties under this subsection, of any officer or employee or 
agent of the Environmental Protection Agency, the Depart-
ment of Labor or any other agency of the United States 
except that the President may remove any member, officer 
or employee of the Board for inefficiency, neglect of duty or 
malfeasance in office. Nothing in this section shall affect 
the application of title 5, United States Code to officers or 
employees of the Board. 
104 STAT. 2570 
PUBLIC LAW 101-549—NOV. 15, 1990 
Reports. 
"(S) The Board shall submit an annual report to the 
President and to the Congress which shall include, but not 
be limited to, information on accidental releases which 
have been investigated by or reported to the Board during 
the previous year, recommendations for legislative or 
administrative action which the Board has made, the 
actions which have been taken by the Administrator or the 
Secretary of Labor or the heads of other agencies to imple-
ment such recommendations, an identification of priorities 
for study and investigation in the succeeding year, progress 
in the development of risk-reduction technologies and the 
response to and implementation of significant research 
findings on chemical safety in the public and private sector. 
"(1) ACCIDENT PREVENTION.— 
"(A) In order to prevent accidental releases of regulated 
substances, the Administrator is authorized to promulgate 
release prevention, detection, and correction requirements 
which may include monitoring, record-keeping, reporting, 
training, vapor recovery, secondary containment, and other 
design, equipment, work practice, and operational require-
ments. Regulations promulgated under this paragraph may 
make distinctions between various types, classes, and kinds 
of facilities, devices and systems taking into consideration 
factors including, but not limited to, the size, location, 
process, process controls, quantity of substances handled, 
potency of substances, and response capabilities present at 
any stationary source. Regulations promulgated pursuant 
to this subparagraph shall have an effective date, as deter-
mined by the Administrator, assuring compliance as 
expeditiously as practicable. 
Regulations. 
"(B)(i) Within 3 years after the date of enactment of the 
Clean Air Act Amendments of 1990, the Administrator 
shall promulgate reasonable regulations and appropriate 
guidance to provide, to the greatest extent practicable, for 
the prevention and detection of accidental releases of regu-
lated substances and for response to such releases by the 
owners or operators of the sources of such releases. The 
Administrator shall utilize the expertise of the Secretaries 
of Transportation and Labor in promulgating such regula-
tions. As appropriate, such regulations shall cover the use, 
operation, repair, replacement, and maintenance of equip-
ment to monitor, detect, inspect, and control such releases, 
including training of persons in the use and maintenance of 
such equipment and in the conduct of periodic inspections. 
The regulations shall include procedures and measures for 
emergency response after an accidental release of a regu-
lated substance in order to protect human health and the 
environment. The regulations shall cover storage, as well as 
operations. The regulations shall, as appropriate, recognize 
differences in size, operations, processes, class and cat-
egories of sources and the voluntary actions of such sources 
to prevent such releases and respond to such releases. The 
regulations shall be applicable to a stationary source 3 
years after the date of promulgation, or 3 years after the 
date on which a regulated substance present at the source 
in more than threshold amounts is first listed under para-
graph (3), whichever is later. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2571 
"(ii) The regulations under this subparagraph shall 
require the owner or operator of stationary sources at 
which a regulated substance is present in more than a 
threshold quantity to prepare and implement a risk 
management plan to detect and prevent or minimize ac-
cidental releases of such substances from the stationary 
source, and to provide a prompt emergency response to any 
such releases in order to protect human health and the 
environment. Such plan shall provide for compliance with 
the requirements of this subsection and shall also include 
each of the following: 
"(I) a hazard assessment to assess the potential 
effects of an accidental release of any regulated sub-
stance. This assessment shall include an estimate of 
potential release quantities and a determination of 
downwind effects, including potential exposures to 
affected populations. Such assessment shall include a 
previous release history of the past 5 years, including 
the size, concentration, and duration of releases, and 
shall include an evaluation of worst case accidental 
releases;' 
"(11) a program for preventing accidental releases of 
regulated substances, including safety precautions and 
maintenance, monitoring and employee training meas-
ures to be used at the source; and' 
"(III) a response program providing for specific 
actions to be taken in response to an accidental release 
of a regulated substance so as to protect human health 
and the environment, including procedures for inform-
ing the public and local agencies responsible for 
responding to accidental releases, emergency health 
care, and employee training measures. 
At the time regulations are promulgated under this 
subparagraph, the Administrator shall promulgate guide-
lines to assist stationary sources in the preparation of risk 
management plans. The guidelines shall, to the extent 
practicable, include model risk management plans. 
"(iii) The owner or operator of each stationary source 
covered by clause (ii) shall register a risk management plan 
prepared under this subparagraph with the Administrator 
before the effective date of regulations under clause (i) in 
such form and manner as the Administrator shall, by rule, 
require. Plans prepared pursuant to this subparagraph 
shall also be submitted to the Chemical Safety and Hazard 
Investigation Board, to the State in which the stationary 
source is located, and to any local agency or entity having 
responsibility for planning for or responding to accidental 
releases which may occur at such source, and shall be 
available to the public under section 114(c). The Adminis-
trator shall establish, by rule, an auditing system to regu-
larly review and, if necessary, require revision in risk 
management plans to assure that the plans comply with 
this subparagraph. Each such plan shall be updated periodi-
cally as required by the Administrator, by rule. 
"(C) Any regulations promulgated pursuant to this 
subsection shall to the maximum extent practicable, 
consistent with this subsection, be consistent with the rec-
104 STAT. 2572 
PUBLIC LAW 101-549—NOV. 15, 1990 
Small 
businesses. 
ommendations and standards established by the American 
Society of Mechanical Engineers (ASME), the American 
National Standards Institute (ANSI) or the American Soci-
ety of Testing Materials (ASTM). The Administrator shall 
take into consideration the concerns of small business in 
promulgating regulations under this subsection. 
"(D) In carrying out the authority of this paragraph, the 
Administrator shall consult with the Secretary of Labor 
and the Secretary of Transportation and shall coordinate 
any requirements under this paragraph with any require-
ments 
established 
for comparable 
purposes by the 
Occupational Safety and Health Administration or the 
Department of Transportation. Nothing in this subsection 
shall be interpreted, construed or applied to impose require-
ments affecting, or to grant the Administrator, the Chemi-
cal Safety and Hazard Investigation Board, or any other 
agency any authority to regulate (including requirements 
for 
hazard 
assessment), 
the 
accidental 
release of 
radionuclides arising from the construction and operation 
of 
facilities 
licensed 
by 
the 
Nuclear 
Regulatory 
Commission. 
"(E) After the effective date of any regulation or require-
ment imposed under this subsection, it shall be unlawful for 
any person to operate any stationary source subject to such 
regulation or requirement in violation of such regulation or 
requirement. Each regulation or requirement under this 
subsection shall for purposes of sections 113, 114, 116, 120, 
304, and 307 and other enforcement provisions of this Act, 
be treated as a standard in effect under subsection (d). 
"(F) Notwithstanding the provisions of title V or this 
section, no stationary source shall be required to apply for, 
or operate pursuant to, a permit issued under such title 
solely because such source is subject to regulations or 
requirements under this subsection. 
"(G) In exercising any authority under this subsection, 
the Administrator shall not, for purposes of section 653(b)(1) 
of title 29 of the United States Code, be deemed to be 
exercising statutory authority to prescribe or enforce stand-
ards or regulations affecting occupational safety and 
health. 
"(8) RESEARCH ON HAZARD ASSESSMENTS.—The Administrator 
may collect and publish information on accident scenarios and 
consequences covering a range of possible events for substances 
listed under paragraph (3). The Administrator shall establish a 
program of long-term research to develop and disseminate 
information on methods and techniques for hazard assessment 
which may be useful in improving and validating the proce-
dures employed in the preparation of hazard assessments under 
this subsection. 
"(9) ORDER AUTHORITY.— 
"(A) In addition to any other action taken, when the 
Administrator determines that there may be an imminent 
and substantial endangerment to the human health or 
welfare or the environment because of an actual or threat-
ened accidental release of a regulated substance, the 
Administrator may secure such relief as njay be necessary 
to abate such danger or threat, and the district court of the 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2573 
United States in the district in which the threat occurs 
shall have jurisdiction to grant such relief as the public 
interest and the equities of the case may require. The 
Administrator may also, after notice to the State in which 
the stationary source is located, take other action under 
this paragraph including, but not limited to, issuing such 
orders as may be necessary to protect human health. The 
Administrator shall take action under section 303 rather 
than this paragraph whenever the authority of such section 
is adequate to protect human health and the environment. 
"(B) Orders issued pursuant to this paragraph may be 
enforced in an action brought in the appropriate United 
States district court as if the order were issued under 
section 303. 
"(C) Within 180 days after enactment of the Clean Air 
Act Amendments of 1990, the Administrator shall publish 
guidance for using the order authorities established by this 
paragraph. Such guidance shall provide for the coordinated 
use of the authorities of this paragraph with other emer-
gency powers authorized by section 106 of the Comprehen-
sive Environmental Response, Compensation and Liability 
Act, sections 311(c), 308, 309 and 504(a) of the Federal Water 
Pollution Control Act, sections 3007, 3008, 3013, and 7003 of 
the Solid Waste Disposal Act, sections 1445 and 1431 of the 
Safe Drinking Water Act, sections 5 and 7 of the Toxic 
Substances Control Act, and sections 113, 114, and 303 of 
this Act. 
"(10) PRESIDENTIAL REVIEW.—The President shall conduct a 
review of release prevention, mitigation and response authori-
ties of the various Federal agencies and shall clarify and coordi-
nate agency responsibilities to assure the most effective and 
efficient implementation of such authorities and to identify any 
deficiencies in authority or resources which may exist. The 
President may utilize the resources and solicit the recommenda-
tions of the Chemical Safety and Hazard Investigation Board in 
conducting such review. At the conclusion of such review, but 
not later than 24 months after the date of enactment of the 
Clean Air Act Amendments of 1990, the President shall trans-
mit a message to the Congress on the release prevention, mitiga-
tion and response activities of the Federal Government making 
such recommendations for change in law as the President may 
deem appropriate. Nothing in this paragraph shall be inter-
preted, construed or applied to authorize the President to 
modify or reassign release prevention, mitigation or response 
authorities otherwise established by law. 
"(11) STATE AUTHORITY.—Nothing in this subsection shall pre-
clude, deny or limit any right of a State or political subdivision 
thereof to adopt or enforce any regulation, requirement, limita-
tion or standard (including any procedural requirement) that is 
more stringent than a regulation, requirement, limitation or 
standard in effect under this subsection or that applies to a 
substance not subject to this subsection. 
"(s) PERIODIC REPORT.—Not later than January 15, 1993 and every 
3 years thereafter, the Administrator shall prepare and transmit to 
the Congress a comprehensive report on the measures taken by the 
Agency and by the States to implement the provisions of this 
section. The Administrator shall maintain a database on pollutants 
39-194 O - 91 - 9 : QL 3 Part 4 
104 STAT. 2574 
PUBLIC LAW 101-549—NOV. 15, 1990 
and sources subject to the provisions of this section and shall include 
aggregate information from the database in each annual report. The 
report shall include, but not be limited to— 
"(1) a status report on standard-setting under subsections (d) 
and (f); 
"(2) information with respect to compliance with such stand-
ards including the costs of compliance experienced by sources in 
various categories and subcategories; 
"(3) development and implementation of the national urban 
air toxics program; and 
"(4) recommendations of the Chemical Safety and Hazard 
Investigation Board with respect to the prevention and mitiga-
tion of accidental releases.". 
SEC. 302. CONFORMING AMENDMENTS. 
42 use 7411. 
(a) Section 111(d)(1) of the Clean Air Act is amended by striking 
"112(b)(1)(A)" and inserting in lieu thereof '112(b)". 
(b) Section 111 of the Clean Air Act is amended by striking 
paragraphs (g)(5) and (g)(6) and redesignating the succeeding para-
graphs accordingly. Such section is further amended by striking "or 
section 112" in paragraph (g)(5) as redesignated in the preceding 
42 use 7414. 
(c) Section 114(a) of the Clean Air Act is amended by striking "or" 
after "section 111," and by inserting ", or any regulation of solid 
waste combustion under section 129," after "section 112". 
42 use 7418. 
(d) Section 118(b) of the Clean Air Act is amended by striking 
"112(c)" and inserting in lieu thereof "112(i)(4)". 
42 use 7602. 
(e) Section 302(k) of the Clean Air Act is amended by adding before 
the period at the end thereof ", and any design, equipment, work 
practice or operational standard promulgated under this Act.". 
42 use 7604. 
(f) Section 304(b) of the Clean Air Act is amended by striking 
"112(c)(1)(B)" and inserting in lieu thereof "112(i)(3)(A) or (f)(4)". 
42 use 7607. 
(g) Section 307(b)(1) is amended by striking "112(c)" and inserting 
in lieu thereof "112". 
(h) Section 307(d)(1) is amended by inserting— 
"(D) the promulgation of any requirement for solid waste 
combustion under section 129," 
after subparagraph (C) and redesignating the succeeding subpara-
graphs accordingly. 
42 use 7412 
SEC. 303. RISK ASSESSMENT AND MANAGEMENT COMMISSION. 
"° • 
(a) EsTABUSHMENT.—There is hereby established a Risk Assess-
ment and Management Commission (hereafter referred to in this 
section as the "Commission"), which shall commence proceedings 
not later than 18 months after the date of enactment of the Clean 
Air Act Amendments of 1990 and which shall make a full investiga-
tion of the policy implications and appropriate uses of risk assess-
ment and risk management in regulatory programs under various 
Federal laws to prevent cancer and other chronic human health 
effects which may result from exposure to hazardous substances. 
(b) CHARGE.—The Commission shall consider— 
(1) the report of the National Academy of Sciences authorized 
by section 112(o) of the Clean Air Act, the use and limitations of 
risk assessment in establishing emission or effluent standards, 
ambient standards, exposure standards, acceptable concentra-
tion levels, tolerances or other environmental criteria for 
hazardous substances that present a risk of carcinogenic effects 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2575 
or other chronic health effects and the suitability of risk assess-
ment for such purposes; 
(2) the most appropriate methods for measuring and describ-
ing cancer risks or risks of other chronic health effects from 
exposure to heizardous substances considering such alternative 
approaches as the lifetime risk of cancer or other effects to the 
individual or individuals most exposed to emissions from a 
source or sources on both an actual and worst case basis, the 
range of such risks, the total number of health effects avoided 
by exposure reductions, effluent standards, ambient standards, 
exposures standards, acceptable concentration levels, tolerances 
and other environmental criteria, reductions in the number of 
persons exposed at various levels of risk, the incidence of 
cancer, and other public health factors; 
(3) methods to reflect uncertainties in measurement and esti-
mation techniques, the existence of synergistic or antagonistic 
effects among hazardous substances, the accuracy of extrapolat-
ing human health risks from animal exposure data, and the 
existence of unquantified direct or indirect effects on human 
health in risk assessment studies; 
(4) risk management policy issues including the use of lifetime 
cancer risks to individuals most exposed, incidence of cancer, 
the cost and technical feasibility of exposure reduction meas-
ures and the use of site-specific actual exposure information in 
setting emissions standards and other limitations applicable to 
sources of exposure to hazardous substances; and 
(5) and comment on the degree to which it is possible or 
desirable to develop a consistent risk assessment methodology, 
or a consistent standard of acceptable risk, among various 
Federal programs. 
(c) MEMBERSHIP.—Such Commission shall be composed of ten 
members who shall have knowledge or experience in fields of risk 
assessment or risk management, including three members to be 
appointed by the President, two members to be appointed by the 
Speaker of the House of Representatives, one member to be 
appointed by the Minority Leader of the House of Representatives, 
two members to be appointed by the Majority Leader of the Senate, 
one member to be appointed by the Minority Leader of the Senate, 
and one member to be appointed by the President of the National 
Academy of Sciences. Appointments shall be made not later than 18 
months after the date of enactment of the Clean Air Act Amend-
ments of 1990. 
(d) ASSISTANCE 
FROM AGENCIES.—The Administrator 
of the 
Environmental Protection Agency and the heads of all other depart-
ments, agencies, and instrumentalities of the executive branch of 
the Federal Government shall, to the maximum extent practicable, 
assist the Commission in gathering such information as the Commis-
sion deems necessary to carry out this section subject to other 
provisions of law. 
(e) STAFF AND CONTRACTS.— 
(1) In the conduct of the study required by this section, the 
Commission is authorized to contract (in accordance with Fed-
eral contract law) with nongovernmental entities that are 
competent to perform research or investigations within the 
Commission's mandate, and to hold public hearings, forums, 
and workshops to enable full public participation. 
104 STAT. 2576 
PUBLIC LAW 101-549—NOV. 15, 1990 
(2) The Commission may appoint and fix the pay of such staff 
as it deems necessary in accordance with the provisions of title 
5, United States Code. The Commission may request the tem-
porary assignment of personnel from the Environmental Protec-
tion Agency or other Federal agencies. 
(3) The members of the Commission who are not officers or 
employees of the United States, while attending conferences or 
meetings of the Commission or while otherwise serving at the 
request of the Chair, shall be entitled to receive compensation 
at a rate not in excess of the msiximum rate of pay for Grade 
GS-18, as provided in the General Schedule under section 5332 
of title 5 of the United States Code, including travel time, and 
while away from their homes or regular places of business they 
may be allowed travel expenses, including per diem in lieu of 
subsistence as authorized by law for persons in the Government 
service employed intermittently. 
(f) REPORT.—A report containing the results of all Commission 
studies and investigations under this section, together with any 
appropriate legislative recommendations or administrative rec-
ommendations, shall be made available to the public for comment 
not later than 42 months after the date of enactment of the Clean 
Air Act Amendments of 1990 and shall be submitted to the Presi-
dent and to the Congress not later than 48 months after such date of 
enactment. In the report, the Commission shall make recommenda-
tions with respect to the appropriate use of risk assessment and risk 
management in Federal regulatory programs to prevent cancer or 
other chronic health effects which may result from exposure to 
hazardous substances. The Commission shall cease to exist upon the 
date determined by the Commission, but not later than 9 months 
after the submission of such report. 
(g) AUTHORIZATION.—There are authorized to be appropriated 
such sums as are necessary to carry out the activities of the Commis-
sion established by this section. 
29 u s e 655 note. 
SEC. 304. CHEMICAL PROCESS SAFETY MANAGEMENT. 
(a) CHEMICAL PROCESS SAFETY STANDARD.—The Secretary of Labor 
shall act under the Occupational Safety and Health Act of 1970 (29 
U.S.C. 653) to prevent accidental releases of chemicals which could 
pose a threat to employees. Not later than 12 months after the date 
of enactment of the Clean Air Act Amendments of 1990, the Sec-
retary of Labor, in coordination with the Administrator of the 
Environmental Protection Agency, shall promulgate, pursuant to 
the Occupational Safety and Health Act, a chemical process safety 
standard designed to protect employees from hazards associated 
with accidental releases of highly hazardous chemicals in the work-
place. 
Qy) LIST OF HIGHLY HAZARDOUS CHEMICALS.—The Secretary shall 
include as part of such standard a list of highly hazardous chemi-
cals, which include toxic, flammable, highly reactive and explosive 
substances. The list of such chemicals may include those chemicals 
listed by the Administrator under section 302 of the Emergency 
Planning and Community Right to Know Act of 1986. The Secretary 
may make additions to such list when a substance is found to pose a 
threat of serious injury or fatality in the event of an accidental 
release in the workplace. 
(c) ELEMENTS OF SAFETY STANDARD.—Such standard shall, at mini-
mum, require employers to— 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2577 
(1) develop and maintain written safety information identify-
ing workplace chemical and process hazards, equipment used in 
the processes, and technology used in the processes; 
(2) perform a workplace hazard assessment, including, as 
appropriate, identification of potential sources of accidental 
releases, an identification of any previous release within the 
facility which had a likely potential for catastrophic con-
sequences in the workplace, estimation of workplace effects of a 
range of releases, estimation of the health and safety effects of 
such range on employees; 
(3) consult with employees and their representatives on the 
development and conduct of hazard assessments and the devel-
opment of chemical accident prevention plans and provide 
access to these and other records required under the standard; 
(4) establish a system to respond to the workplace hazard 
assessment findings, which shall address prevention, mitigation, 
and emergency responses; 
(5) periodically review the workplace hazard assessment and 
response system; 
(6) develop and implement written operating procedures for 
the chemical process including procedures for each operating 
phase, 
operating 
limitations, 
and 
safety 
and 
health 
considerations; 
(7) provide written safety and operating information to 
employees and train employees in operating procedures, 
emphasizing hazards and safe practices; 
(8) ensure contractors and contract employees are provided 
appropriate information and training; 
(9) train and educate employees and contractors in emergency 
response in a manner as comprehensive and effective as that 
required by the regulation promulgated pursuant to section 
126(d) of the Superfund Amendments and Reauthorization Act; 
(10) establish a quality assurance program to ensure that 
initial process related equipment, maintenance materials, and 
spare parts are fabricated and installed consistent with design 
specifications; 
(11) establish maintenance systems for critical process related 
equipment including written procedures, employee training, 
appropriate inspections, and testing of such equipment to 
ensure ongoing mechsmical integrity; 
(12) conduct pre-start-up safety reviews of all newly installed 
or modified equipment; 
(13) establish and implement written procedures to manage 
change to process chemicals, technology, equipment and facili-
ties; and 
(14) investigate every incident which results in or could have 
resulted in a major accident in the workplace, with any findings 
to be reviewed by operating personnel and modifications made 
if appropriate. 
(d) STATE AUTHORITY.—Nothing in this section may be construed 
to diminish the authority of the States and political subdivisions 
thereof as described in section 112(rXll) of the Clean Air Act. 
SEC. 305. SOLID WASTE COMBUSTION. 
(a) Part A of title I of the Clean Air Act is amended by adding the 
following new section at the end thereof: 
104 STAT. 2578 
PUBLIC LAW 101-549—NOV. 15, 1990 
42 use 7429. 
"SEC. 129. SOLID WASTE COMBUSTION. 
"(a) NEW SOURCE PERFORMANCE STANDARDS.— 
"(1) IN GENERAL.—(A) The Administrator shall establish 
performance standards and other requirements pursuant to 
section 111 and this section for each category of solid waste 
incineration units. Such standards shall include emissions 
limitations and other requirements applicable to new units and 
guidelines (under section 111(d) and this section) and, other 
requirements applicable to existing units. 
"(B) Standards under section 111 and this section applicable 
to solid waste incineration units with capacity greater than 250 
tons per day combusting municipal waste shall be promulgated 
not later than 12 months after the date of enactment of the 
Clean Air Act Amendments of 1990. Nothing in this subpara-
graph shall alter any schedule for the promulgation of stand-
ards applicable to such units under section 111 pursuant to any 
settlement and consent decree entered by the Administrator 
before the date of enactment of the Clean Air Act Amendments 
of 1990: Provided, That, such standards are subsequently modi-
fied pursuant to the schedule established in this subparagraph 
to include each of the requirements of this section. 
"(C) 
Standards 
under 
section 
111 and 
this 
section 
applicable to solid waste incineration units with capacity" equal 
to or less than 250 tons per day combusting municipal'waste 
and units combusting hospital waste, medical waste and infec-
tious waste shall be promulgated not later than 24 months after 
the date of enactment of the Clean Air Act Amendments of 
1990. 
"(D) Stsmdards under section 111 and this section applicable 
to solid waste incineration units combusting commercial or 
industrial waste shall be proposed not later than 36 months 
after the date of enactment of the Clean Air Act Amendments 
of 1990 and promulgated not later than 48 months after such 
date of enactment. 
"(E) Not later than 18 months after the date of enactment of 
the Clean Air Act Amendments of 1990, the Administrator shall 
publish a schedule for the promulgation of standards under 
section 111 and this section applicable to other categories of 
solid waste incineration units. 
"(2) EMISSIONS STANDARD.—Standards applicable to solid 
waste incineration units promulgated under section 111 and 
this section shall reflect the maximum degree of reduction in 
emissions of air pollutants listed under section (aX4) that the 
Administrator, taking into consideration the cost of achieving 
such emission reduction, and any non-air quality health and 
environmental impacts and energy requirements, determines is 
achievable for new or existing units in each category. The 
Administrator may distinguish among classes, types (including 
mass-bum, refuse-derived fuel, modular and other t)rpes of 
units), and sizes of units within a category in establishing such 
standards. The degree of reduction in emissions that is deemed 
achievable for new units in a category shall not be less stringent 
than the emissions control that is achieved in practice by the 
best controlled similar unit, as determined by the Adminis-
trator. Emissions standards for existing units in a category may 
be less stringent than standards for new units in the same 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2579 
category but shall not be less stringent than the average emis-
sions limitation achieved by the best performing 12 percent of 
units in the category (excluding units which first met lowest 
achievable emissions rates 18 months before the date such 
standards are proposed or 30 months before the date such 
standards are promulgated, whichever is later). 
"(3) CONTROL METHODS AND TECHNOLOGIES.—Standards under 
section 111 and this section applicable to solid waste inciner-
ation units shall be based on methods and technologies for 
removal or destruction of pollutants before, during, or after 
combustion, and shall incorporate for new units siting require-
ments that minimize, on a site specific basis, to the maximum 
extent practicable, potential risks to public health or the 
environment. 
"(4) NUMERICAL EMISSIONS UMITATIONS.—The performance 
standards promulgated under section 111 and this section and 
applicable to solid waste incineration units shall specify 
numerical emission limitations for the following substances or 
mixtures: particulate matter (total and fine), opacity (as appro-
priate), sulfur dioxide, hydrogen chloride, oxides of nitrogen, 
carbon monoxide, lead, cadmium, mercury, and dioxins and 
dibenzofurans. The Administrator may promulgate numerical 
emissions limitations or provide for the monitoring of 
postcombustion concentrations of surrogate substances, param-
eters or periods of residence time in excess of stated tempera-
tures with respect to pollutants other than those listed in this 
paragraph. 
"(5) REVIEW AND REVISION.—Not later than 5 years following 
the initial promulgation of any performance standards and 
other 
requirements under this section and section 
111 
applicable to a category of solid waste incineration units, and at 
5 year intervals thereafter, the Administrator shall review, and 
in accordance with this section and section 111, revise such 
standards and requirements. 
'(b) EXISTING UNITS.— 
"(1) GUIDEUNES.—Performance standards under this section 
and section 111 for solid waste incineration units shall include 
guidelines promulgated pursuant to section 111(d) and this 
section applicable to existing units. Such guidelines shall 
include, as provided in this section, each of the elements re- . 
quired by subsection (a) (emissions limitations, notwithstanding 
any restriction in section 111(d) regarding issuance of such 
limitations), subsection (c) (monitoring), subsection (d) (operator 
training), subsection (e) (permits), and subsection (hX4) (residual 
risk). 
"(2) STATE PLANS.—Not later than 1 year after the Adminis-
trator promulgates guidelines for a category of solid waste 
incineration units, each State in which units in the category are 
operating shall submit to the Administrator a plan to imple-
ment and enforce the guidelines with respect to such units. The 
State plan shall be at least as protective as the guidelines 
promulgated by the Administrator and shall provide that each 
unit subject to the guidelines shall be in compliance with all 
requirements of this section not later than 3 years after the 
State plan is approved by the Administrator but not later than 
5 years sifter the guidelines were promulgated. The Adminis-
trator shall approve or disapprove any State plan within 180 
104 STAT. 2580 
PUBLIC LAW 101-549—NOV. 15, 1990 
days of the submission, and if a plan is disapproved, the 
Administrator shall state the reasons for disapproval in writing. 
Any State may modify and resubmit a plan which has been 
disapproved by the Administrator. 
"(3) FEDERAL PLAN.—The Administrator shall develop, imple-
ment and enforce a plan for existing solid waste incineration 
units within any category located in any State which has not 
submitted an approvable plan under this subsection with 
respect to units in such category within 2 years after the date 
on which the Administrator promulgated the relevant guide-
lines. Such plan shall assure that each unit subject to the plan 
is in compliance with all provisions of the guidelines not later 
than 5 years after the date the relevant guidelines are promul-
gated. 
Regulations. 
"(c) MONITORING.—The Administrator shall, as part of each 
performance standard promulgated pursuant to subsection (a) and 
section 111, promulgate regulations requiring the owner or operator 
of each solid waste incineration unit— 
"(1) to monitor emissions from the unit at the point at which 
such emissions are emitted into the ambient air (or within the 
stack, combustion chamber or pollution control equipment, as 
appropriate) and at such other points as necessary to protect 
public health and the environment; 
"(2) to monitor such other parameters relating to the oper-
ation of the unit and its pollution control technology as the 
Administrator determines are appropriate; and 
"(3) to report the results of such monitoring. 
Such regulations shall contain provisions regarding the frequency of 
monitoring, test methods and procedures veilidated on solid waste 
incineration units, and the form and frequency of reports containing 
the results of monitoring and shall require that any monitoring 
reports or test results indicating an exceedance of any standard 
under this section shall be reported separately and in a manner that 
facilitates review for purposes of enforcement actions. Such regula-
tions shall require that copies of the results of such monitoring be 
maintained on file at the facility concerned and that copies shall be 
made available for inspection and copying by interested members of 
the public during business hours. 
"(d) OPERATOR TRAINING.—Not later than 24 months after the 
. enactment of the Clean Air Act Amendments of 1990, the Adminis-
trator shall develop and promote a model State program for the 
training and certification of solid waste incineration unit operators 
and high-capacity fossil fuel fired plant operators. The Adminis-
trator may authorize any State to implement a model program for 
the training of solid waste incineration unit operators and high-
capacity fossil fuel fired plant operators, if the State has adopted a 
program which is at least as effective as the model program devel-
oped by the Administrator. Beginning on the date 36 months after 
the date on which performance standards and guidelines are 
promulgated under subsection (a) and section 111 for any category of 
solid waste incineration units it shall be unlawful to operate any 
unit in the category unless each person with control over processes 
affecting emissions from such unit has satisfactorily completed a 
training program meeting the requirements established by the 
Administrator under this subsection. 
"(e) PERMITS.—Beginning (1) 36 months after the promulgation of 
a performance standard under subsection (a) and section 111 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2581 
applicable to a category of solid waste incineration units, or (2) the 
effective date of a permit program under title V in the State in 
which the unit is located, whichever is later, each unit in the 
category shall operate pursuant to a permit issued under this 
subsection and title V. Permits required by this subsection may be 
renewed according to the provisions of title V. Notwithstanding any 
other provision of this Act, each permit for a solid waste inciner-
ation unit combusting municipal weiste issued under this Act shall 
be issued for a period of up to 12 years and shall be reviewed every 5 
years after date of issuance or reissuance. Each permit shall con-
tinue in effect after the date of issuance until the date of termi-
nation, unless the Administrator or State determines that the unit 
is not in compliance with all standards and conditions contained in 
the permit. Such determination shall be made at regular intervals 
during the term of the permit, such intervals not to exceed 5 years, 
and only after public comment and public hearing. No permit for a 
solid waste incineration unit may be issued under this Act by an 
agency, instrumentality or person that is also responsible, in whole 
or part, for the design and construction or operation of the unit. 
Notwithstanding any other provision of this subsection, the 
Administrator or the State shall require the owner or operator of 
any unit to comply with emissions limitations or implement any 
other measures, if the Administrator or the State determines that 
emissions in the absence of such limitations or measures may 
reasonably be anticipated to endanger public health or the environ-
ment. The Administrator's determination under the preceding sen-
tence is a discretionary decision. 
"(f) EFFECTIVE DATE AND ENFORCEMENT.— 
"(1) NEW UNITS.—Performance standards and other require-
ments promulgated pursuant to this section and section 111 and 
applicable to new solid waste incineration units shall be effec-
tive as of the date 6 months after the date of promulgation. 
"(2) EXISTING UNITS.—Performance standards and other 
requirements promulgated pursuant to this section and section 
111 and applicable to existing solid waste incineration units 
shall be effective as expeditiously as practicable after approval 
of a State plan under subsection (b)(2) (or promulgation of a plan 
by the Administrator under subsection (b)(3)) but in no event 
later than 3 years after the State plan is approved or 5 years 
after the date such standards or requirements are promulgated, 
whichever is earlier. 
"(3) PROHIBITION.—After the effective date of any perform-
ance standard, emission limitation or other 
requirement 
promulgated pursuant to this section and section 111, it shall be 
unlawful for any owner or operator of any solid waste inciner-
ation unit to which such standard, limitation or requirement 
applies to operate such unit in violation of such limitation, 
standard or requirement or for any other person to violate an 
applicable requirement of this section. 
"(4) COORDINATION WITH OTHER AUTHORITIES.—For purpOSeS o f 
sections 111(e), 113, 114, 116, 120, 303, 304, 307 and other 
provisions for the enforcement of this Act, each performance 
standard, emission limitation or other requirement established 
pursuant to this section by the Administrator or a State or local 
government, shall be treated in the same manner as a standard 
of performance under section 111 which is an emission limita-
tion. 
104 STAT. 2582 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(g) DEFINITIONS.—For purposes of section 306 of the Clean Air 
Act Amendments of 1990 and this section only— 
"(1) SouD WASTE INCINERATION UNIT.—The term 'solid waste 
incineration unit' means a distinct operating unit of any facility 
which combusts any solid waste material from commercial or 
industrial establishments or the general public (including single 
and multiple residences, hotels, and motels). Such term does not 
include incinerators or other units required to have a permit 
under section 3005 of the Solid Waste Disposal Act. The term 
'solid waste incineration unit' does not include (A) materials 
recovery facilities (including primary or secondary smelters) 
which combust waste for the primary purpose of recovering 
metals, (B) qualifjdng small power production facilities, as 
defined in section 3(17X0 of the Federal Power Act (16 U.S.C. 
769(17)(C)), or qualifying cogeneration facilities, as defined in 
section 3(18XB) of the Federal Power Act (16 U.S.C. 796(18XB)), 
which burn homogeneous w£iste (such as units which burn tires 
or used oil, but not including refuse-derived fuel) for the produc-
tion of electric energy or in the case of qualifying cogeneration 
facilities which burn homogeneous waste for the production of 
electric energy and steam or forms of useful energy (such as 
heat) which are used for industrial, commercial, heating or 
cooling purposes, or (C) air curteiin incinerators provided that 
such incinerators only bum wood wastes, yard wastes and clean 
lumber and that such air curtain incinerators comply with 
opacity limitations to be established by the Administrator by 
rule. 
"(2) NEW SOUD WASTE INCINERATION UNIT.—The term 'new 
solid waste incineration unit' means a solid waste incineration 
unit the construction of which is commenced after the Adminis-
trator proposes requirements under this section establishing 
emissions standards or other requirements which would be 
applicable to such unit or a modified solid waste incineration 
unit. 
"(3) MODIFIED SOUD WASTE INCINERATION UNIT.—The term 
'modified solid waste incineration unit' means a solid waste 
incineration unit at which modifications have occurred after the 
effective date of a standard under subsection (a) if (A) the 
cumulative cost of the modifications, over the life of the unit, 
exceed 50 per centum of the original cost of construction and 
installation of the unit (not including the cost of any land 
purchased in connection with such construction or installation) 
updated to current costs, or (B) the modification is a physical 
change in or change in the method of operation of the unit 
which increases the amount of any air pollutant emitted by the 
unit for which standards have been established under this 
section or section 111. 
"(4) EXISTING SOUD WASTE INCINERATION UNIT.—The term 
'existing solid waste incineration unit' means a solid waste unit 
which is not a new or modified solid waste incineration unit. 
"(5) MUNICIPAL WASTE.—The term 'municipal waste' means 
refuse (and refuse-derived fuel) collected from the general 
public and from residential, commercial, institutional, and 
industrial sources consisting of paper, wood, yard wastes, food 
wastes, plastics, leather, rubber, and other combustible mate-
rials and non-combustible materials such as metal, glass and 
rock, provided that: (A) the term does not include industrisd 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2583 
process wastes or medical wastes that are segregated from such 
other weistes; and (B) an incineration unit shall not be consid-
ered to be combusting municipal waste for purposes of section 
111 or this section if it combusts a fuel feed stream, 30 percent 
or less of the weight of which is comprised, in aggregate, of 
municipal waste. 
"(6) OTHER TERMS.—The terms 'solid waste' and 'medical 
waste' shall have the meanings established by the Adminis-
trator pursuant to the Solid Waste Disposal Act. 
"(h) OTHER AUTHORITY.— 
"(1) STATE AUTHORITY.—Nothing in this section shall preclude 
or deny the right of any State or political subdivision thereof to 
adopt or enforce any regulation, requirement, limitation or 
standard relating to solid waste incineration units that is more 
stringent than a regulation, requirement, limitation or standard 
in effect under this section or under any other provision of this 
Act. 
"(2) OTHER AUTHORITY UNDER THIS ACT.—Nothing in this sec-
tion shall diminish the authority of the Administrator or a 
State to establish any other requirements applicable to solid 
waste incineration units under any other authority of law, 
including the authority to establish for any air pollutant a 
national ambient air quality standard, except that no solid 
waste incineration unit subject to performance standards under 
this section and section 111 shall be subject to standards under 
section 112(d) of this Act. 
"(3) RESIDUAL RISK.—The Administrator shall promulgate 
standards under section 112(f) for a category of solid waste 
incineration units, if promulgation of such standards is required 
under section 112(f). For purposes of this preceding sentence 
only— 
"(A) the performance standards under subsection (a) and 
section 111 applicable to a category of solid waste inciner-
ation units shall be deemed standards under section 
112(d)(2), and 
"(B) the Administrator shall consider and regulate, if 
required, the pollutants listed under subsection (a)(4) and 
no others. 
"(4) ACID RAIN.—A solid waste incineration unit shall not be a 
utility unit as defined in title IV: Provided, That, more than 80 
per centum of its annual aversige fuel consumption measured on 
a Btu b£isis, during a period or periods to be determined by the 
Administrator, is from a fuel (including any waste burned as a 
fuel) other than a fossil fuel. 
"(5) REQUIREMENTS OF PARTS C AND D.—No requirement of an 
applicable implementation plan under section 165 (relating to 
construction of facilities in regions identified pursuant to sec-
tion 107(d)(1)(A) (ii) or (iii)) or under section 172(c)(5) (relating to 
permits for construction and operation in nonattainment areas) 
may be used to weaken the standards in effect under this 
section.". 
(b) CONFORMING AMENDMENT.—Section 169(1) of the Clean Air Act 42 use 7479. 
is amended by striking "two hundred and" after "municipal inciner-
ators capable of charging more than". 
(c) REVIEW OF ACID GAS SCRUBBING REQUIREMENTS.—Prior to the 42 use 7429 
promulgation of any performance standard for solid waste inciner- '^"te. 
ation units combusting municipal waste under section 111 or section 
104 STAT. 2584 
PUBLIC LAW 101-549—NOV. 15, 1990 
129 of the Clean Air Act, the Administrator shall review the avail-
ability of acid gas scrubbers as a pollution control technology for 
small new unite and for existing unite (as defined in 54 Federal 
Register 52190 (December 20, 1989), taking into account the provi-
sions of subsection (aX2) of section 129 of the Clean Air Act. 
42 u s e 6921 
SEC. 306. ASH MANAGEMENT AND DISPOSAL. 
For a period of 2 years after the date of enactment of the Clean 
Air Act Amendmente of 1990, ash from solid waste incineration 
unite burning municipal weiste shall not be regulated by the 
Administrator of the Environmental Protection Agency pursuant to 
section 3001 of the Solid Waste Disposal Act. Such reference and 
limitation shall not be construed to prejudice, endorse or otherwise 
affect any activity by the Administrator following the 2-year period 
from the date of enactment of the Clean Air Act Amendmente of 
1990. 
TITLE IV—ACID DEPOSITION CONTROL 
Sec. 401. Acid deposition control. 
Sec. 402. Fossil fuel use. 
Sec. 403. Repeal of percent reduction. 
Sec. 404. Acid deposition standards. 
Sec. 405. National acid l£ikes registry. 
Sec. 406. Industrial SO2 Emissions. 
Sec. 407. Sense of the Ckjngress on emission reductions costs. 
Sec. 408. Monitor acid rain program in Canada. 
Sec. 409. Report on clean coals technologies export programs. 
Sec. 410. Acid deposition research by the United States Fish and Wildlife Service. 
Sec. 411. Study of buffering and neutralizing agents. 
Sec. 412. Clonforming amendment. 
Sec. 413. Special clean coal technology project. 
SEC. 401. ACID DEPOSITION CONTROL. 
The Clean Air Act is amended by adding the following new title 
after title III: 
"TITLE IV—ACID DEPOSITION CONTROL 
"Sec. 401. Findings and purpose. 
"Sec. 402. Definitions. 
"Sec. 403. Sulfur dioxide allowance program for existing and new units. 
"Sec. 404. Phase I sulfur dioxide requirements. 
"Sec. 405. Phase II sulfur dioxide requirements. 
"Sec. 406. Allowances for States with emissions rates at or below 0.80 Ibs/mmBtu. 
"Sec. 407. Nitrogen oxides emission reduction program. 
"Sec. 408. Permits and compliance plans. 
"Sec. 409. Repowered sources. 
"Sec. 410. Election for additional sources. 
"Sec. 411. Excess emissions penalty. 
"Sec. 412. Monitoring, reporting, and recordkeeping requirements. 
"Sec. 413. General compliance with other provisions. 
"Sec. 414. Enforcement. 
"Sec. 415. Clean coal technology regulatory incentives. 
"Sec. 416. Contingency guarantee; auctions, reserve. 
42 u s e 7651. 
"SEC. 401. FINDINGS AND PURPOSES. 
"(a) FINDINGS.—The Congress finds that— 
"(1) the presence of acidic compounds and their precursors in 
the atmosphere and in deposition from the atmosphere rep-
resente a threat to natural resources, ecosystems, materials, 
visibility, and public health; 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2585 
"(2) the principal sources of the acidic compounds and their 
precursors in the atmosphere are emissions of sulfur and nitro-
gen oxides from the combustion of fossil fuels; 
"(3) the problem of acid deposition is of national and inter-
national significance; 
"(4) strategies and technologies for the control of precursors 
to acid deposition exist now that are economically feasible, and 
improved methods are expected to become increasingly avail-
able over the next decade; 
"(5) current and future generations of Americans will be 
adversely affected by delaying measures to remedy the problem; 
"(6) reduction of total atmospheric loading of sulfur dioxide 
and nitrogen oxides will enhance protection of the public health 
and welfare and the environment; and 
"(7) control measures to reduce precursor emissions from 
steam-electric generating units should be initiated without 
delay. 
"(b) PURPOSES.—The purpose of this title is to reduce the adverse 
effects of acid deposition through reductions in annual emissions of 
sulfur dioxide of ten million tons from 1980 emission levels, and, in 
combination with other provisions of this Act, of nitrogen oxides 
emissions of approximately two million tons from 1980 emission 
levels, in the forty-eight contiguous States and the District of Colum-
bia. It is the intent of this title to effectuate such reductions by 
requiring compliance by affected sources with prescribed emission 
limitations by specified deadlines, which limitations may be met 
through alternative methods of compliance provided by an emission 
allocation and transfer system. It is also the purpose of this title to 
encourage energy conservation, use of renewable and clean alter-
native technologies, and pollution prevention as a long-range strat-
egy, consistent with the provisions of this title, for reducing air 
pollution and other adverse impacts of energy production and use. 
"SEC. 402. DEFINITIONS. 
42 USC 7651a. 
"As used in this title: 
"(1) The term 'affected source' means a source that includes 
one or more affected units. 
"(2) The term 'affected unit' means a unit that is subject to 
emission reduction requirements or limitations under this title. 
"(3) The term 'allowance' means an authorization, allocated 
to an affected unit by the Administrator under this title, to 
emit, during or after a specified calendar year, one ton of sulfur 
dioxide. 
"(4) The term 'baseline' means the annual quantity of fossil 
fuel consumed by an affected unit, measured in millions of 
British Thermal Units ('mmBtu's'), calculated as follows: 
"(A) For each utility unit that was in commercial oper-
ation prior to January 1, 1985, the baseline shall be the 
annual average quantity of mmBtu's consumed in fuel 
during calendar years 1985, 1986, and 1987, as recorded by 
the Department of Energy pursuant to Form 767. For any 
utility unit for which such form was not filed, the baseline 
shall be the level specified for such unit in the 1985 
National Acid Precipitation Assessment Program (NAPAP) 
Emissions Inventory, Version 2, National Utility Reference 
File (NURF) or in a corrected data base as established by 
the Administrator pursuant to paragraph (3). For non-
104 STAT. 2586 
PUBLIC LAW 101-549—NOV. 15, 1990 
utility units, the baseline is the NAPAP Emissions Inven-
tory, Version 2. The Administrator, in the Administrator's 
sole discretion, may exclude periods during which a unit is 
shutdown for a continuous period of four calendar months 
or longer, and make appropriate adjustments under this 
paragraph. Upon petition of the owner or operator of any 
unit, the Administrator may meike appropriate baseline 
adjustments for accidents that caused prolonged outages. 
"(B) For any other nonutility unit that is not included in 
the NAPAP Emissions Inventory, Version 2, or a corrected 
data base as established by the Administrator pursuant to 
paragraph (3), the baseline shall be the annual average 
quantity, in mmBtu consumed in fuel by that unit, as 
calculated pursuant to a method which the administrator 
shall prescribe by regulation to be promulgated not later 
than eighteen months after enactment of the Clean Air Act 
Amendments of 1990. 
"(C) The Administrator shall, upon application or on his 
own motion, by December 31,1991, supplement data needed 
in support of this title and correct any factual errors in data 
from which affected Phase II units' baselines or actual 1985 
emission rates have been calculated. Corrected data shall 
be used for purposes of issuing allowances under the title. 
Such corrections shall not be subject to judicial review, nor 
shall the failure of the Administrator to correct an alleged 
factual error in such reports be subject to judicial review. 
"(5) The term 'capacity factor' means the ratio between the 
actual electric output from a unit and the potential electric 
output from that unit. 
"(6) The term 'compliance plan' means, for purposes of the 
requirements of this title, either— 
"(A) a statement that the source will comply with all 
applicable requirements under this title, or 
"(B) where applicable, a schedule and description of the 
method or methods for compliance and certification by the 
owner or operator that the source is in compliance with the 
requirements of this title. 
"(7) The term 'continuous emission monitoring system' 
(CEMS) means the equipment as required by section 412, used to 
sample, analyze, measure, Euid provide on a continuous basis a 
permanent record of emissions and flow (expressed in pounds 
per million British thermal units (Ibs/mmBtu), pounds per hour 
(Ibs/hr) or such other form as the Administrator may prescribe 
by regulations under section 412). 
"(8) The term 'existing unit' means a unit (including units 
subject to section 111) that commenced commercial operation 
before the date of enactment of the Clean Air Act Amendments 
of 1990. Any unit that commenced commercial operation before 
the date of enactment of the Clean Air Act Amendments of 1990 
which is modified, reconstructed, or repowered after the date of 
enactment of the Clean Air Act Amendments of 1990 shall 
continue to be an existing unit for the purposes of this title. For 
the purposes of this title, existing units shall not include simple 
combustion turbines, or units which serve a generator with a 
nameplate capacity of 25MWe or less. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2587 
"(9) The term 'generator' means a device that produces elec-
tricity and which is reported as a generating unit pursuant to 
Department of Energy Form 860. 
(10) The term 'new unit' means a unit that commences 
commercial operation on or after the date of enactment of the 
Clean Air Act Amendments of 1990. 
"(11) The term 'permitting authority' means the Adminis-
trator, or the State or local air pollution control agency, with an 
approved permitting program under part B of title III of the 
Act. 
"(12) The term 'repowering' means replacement of an existing 
coal-fired boiler with one of the following clean coal tech-
nologies: atmospheric or pressurized fluidized bed combustion, 
integrated gasification combined cycle, magnetohydrodynamics, 
direct and indirect coal-fired turbines, integrated gasification 
fuel cells, or as determined by the Administrator, in consulta-
tion with the Secretary of Energy, a derivative of one or more of 
these technologies, and any other technology capable of control-
ling multiple 
combustion 
emissions simultaneously 
with 
improved boiler or generation efficiency and with significantly 
greater wsiste reduction relative to the performance of tech-
nology in widespread commercial use as of the date of enact-
ment of the Clean Air Act Amendments of 1990. Notwithstand-
ing the provisions of section 409(a), for the purpose of this title, 
the term 'repowering' shall also include any oil and/or gas-fired 
unit which has been awarded clean coal technology demonstra-
tion funding as of January 1, 1991, by the Department of 
Energy. 
"(13) The term 'reserve' means any bank of allowances estab-
lished by the Administrator under this title. 
"(14) The term 'State' means one of the 48 contiguous States 
and the District of Columbia. 
"(15) The term 'unit' means a fossil fuel-fired combustion 
device. 
"(16) The term 'actual 1985 emission rate', for electric utility 
units means the annual sulfur dioxide or nitrogen oxides emis-
sion rate in pounds per million Btu as reported in the NAPAP 
Emissions Inventory, Version 2, National Utility Reference File. 
For nonutility units, the term 'actual 1985 emission rate' means 
the annual sulfur dioxide or nitrogen oxides emission rate in 
pounds per million Btu as reported in the NAPAP Emission 
Inventory, Version 2. 
"(17XA) The term 'utility unit' means— 
"(i) a unit that serves a generator in any State that 
produces electricity for sale, or 
"(ii) a unit that, during 1985, served a generator in any 
State that produced electricity for sale. 
"(B) Notwithstanding subparagraph (A), a unit described in 
subparagraph (A) that— 
"(i) was in commercial operation during 1985, but 
"(ii) did not, during 1985, serve a generator in any State 
that produced electricity for sale shall not be a utility unit 
for purposes of this title. 
"(C) A unit that cogenerates steam and electricity is not a 
'utility unit' for purposes of this title unless the unit is con-
structed for the purpose of suppl5ring, or commences construc-
tion after the date of enactment of this title and supplies, more 
104 STAT. 2588 
PUBLIC LAW 101-549—NOV. 15, 1990 
than one-third of its potential electric output capacity and more 
than 25 megawatts electrical output to any utility power dis-
tribution system for sale. 
"(18) The term 'allowable 1985 emissions rate' means a feder-
ally enforceable emissions limitation for sulfur dioxide or oxides 
of nitrogen, applicable to the unit in 1985 or the limitation 
applicable in such other subsequent year as determined by the 
Administrator if such a limitation for 1985 does not exist. 
Where the emissions limitation for a unit is not expressed in 
pounds of emissions per million Btu, or the averaging period of 
that emissions limitation is not expressed on an annual basis, 
the Administrator shall calculate the annual equivalent of that 
emissions limitation in pounds per million Btu to establish the 
allowable 1985 emissions rate. 
"(19) The term 'qualifying phase I technology' means a 
technological system of continuous emission reduction which 
achieves a 90 percent reduction in emissions of sulfur dioxide 
from the emissions that would have resulted from the use of 
fuels which were not subject to treatment prior to combustion. 
"(20) The term 'alternative method of compliance' means a 
method of compliance in accordance with one or more of the 
following authorities: 
"(A) a substitution plan submitted and approved in 
accordance with subsections 404 (b) and (c); 
"(B) a Phase I extension plan approved by the Adminis-
trator under section 404(d), using qualifjdng phase I tech-
nology as determined by the Administrator in accordance 
with that section; or 
"(C) repowering with a qualifjdng clean coal technology 
under section 409. 
"(21) The term 'commenced' as applied to construction of any 
new electric utility unit means that an owner or operator has 
undertaken a continuous program of construction or that an 
owner or operator has entered into a contractual obligation to 
undertake and complete, within a reasonable time, a continuous 
program of construction. 
"(22) The term 'commenced commercial operation' means to 
have begun to generate electricity for sale. 
"(23) The term 'construction' means fabrication, erection, or 
installation of an affected unit. 
"(24) The term 'industrial source' means a unit that does not 
serve a generator that produces electricity, a 'nonutility unit' as 
defined in this section, or a process source as defined in section 
410(e). 
"(25) The term 'nonutility unit' means a unit other than a 
utility unit. 
"(26) The term 'designated representative' means a respon-
sible person or official authorized by the owner or operator of a 
unit to represent the owner or operator in matters pertaining to 
the holding, transfer, or disposition of allowances allocated to a 
unit, and the submission of and compliance with permits, 
permit applications, and compliance plans for the unit. 
"(27) The term 'life-of-the-unit, firm power contractual 
arrangement' means a unit participation power sales agreement 
under which a utility or industrial customer reserves, or is 
entitled to receive, a specified amount or percentage of capacity 
and associated energy generated by a specified generating unit 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2589 
(or units) and pays its proportional amount of such unit's total 
costs, pursuant to a contract either— 
"(A) for the life of the unit; 
"(B) for a cumulative term of no less than 30 years, 
including contracts that permit an election for early termi-
nation; or 
"(C) for a period equal to or greater than 25 years or 70 
percent of the economic useful life of the unit determined 
as of the time the unit was built, with option rights to 
purchase or re-lease some portion of the capacity and asso-
ciated energy generated by the unit (or units) at the end of 
the period. 
"(28) The term 'basic Phase II allowance allocations' means: 
"(A) For calendar years 2000 through 2009 inclusive, 
allocations of allowances made by the Administrator pursu-
ant to section 403 and subsections (bXl), (3), and (4); (c)(1), 
(2), (3), and (5); (d)(1), (2), (4), and (5); (e); (f); (g)(1), (2), (3), (4), 
and (5); (h)(1); (i) and (j) of section 405. 
"(B) For each calendar year beginning in 2010, allocations 
of allowances made by the Administrator pursuant to sec-
tion 403 and subsections (b)(1), (3), and (4); (c)(1), (2), (3), and 
(5); (d)(1), (2), (4) and (5); (e); (f); (g)(1), (2), (3), (4), and (5); (h)(1) 
and (3); (i) and (j) of section 405. 
"(29) The term 'Phase II bonus allowance allocations' means, 
for calendar year 2000 through 2009, inclusive, and only for 
such years, allocations made by the Administrator pursuant to 
section 403, subsections (a)(2), (b)(2), (c)(4), (dX3) (except as other-
wise provided theiein), and (h)(2) of section 405, and section 406. 
"SEC. 403. SULFUR DIOXIDE ALLOWANCE PROGRAM FOR EXISTING AND 42 USC 7651b. 
NEW UNITS. 
"(a) 
ALLOCATIONS OF ANNUAL ALLOWANCES FOR EXISTING AND 
NEW UNITS.—(1) For the emission limitation programs under this 
title, the Administrator shall allocate annual allowances for the 
unit, to be held or distributed by the designated representative of 
the owner or operator of each affected unit at an affected source in 
accordance with this title, in an amount equal to the annual ton-
nage emission limitation calculated under section 404, 405, 406, 409, 
or 410 except as otherwise specifically provided elsewhere in this 
title. Except as provided in sections 405(aX2), 405(aX3), 409 and 410, 
beginning January 1, 2000, the Administrator shall not allocate 
annual allowances to emit sulfur dioxide pursuant to section 405 in 
such an amount as would result in total annual emissions of sulfur 
dioxide from utility units in excess of 8.90 million tons except that 
the Administrator shall not take into account unused allowances 
carried forward by owners and operators of affected units or by 
other persons holding such allowances, following the year for which 
they were allocated. If necessary to meeting the restrictions imposed 
in the preceding sentence, the Administrator shall reduce, pro rata, 
the basic Phase II allowance allocations for each unit subject to the 
requirements of section 405. Subject to the provisions of section 416, 
the Administrator shall allocate allowances for each affected unit at 
an affected source annually, as provided in paragraphs (2) and (3) 
and section 408. Except as provided in sections 409 and 410, the 
removal of an existing affected unit or source from commercial 
operation at any time after the date of the enactment of the Clean 
Air Act Amendments of 1990 (whether before or after January 1, 
104 STAT. 2590 
PUBLIC LAW 101-549—NOV. 15, 1990 
1995, or January 1, 2000) shall not terminate or otherwise affect the 
allocation of allowances pursuant to section 404 or 405 to which the 
unit is entitled. Allowances shall be allocated by the Administrator 
without cost to the recipient, except for allowances sold by the 
Administrator pursuant to section 416. Not later than December 31, 
1991, the Administrator shall publish a proposed list of the basic 
Phase II allowance allocations, the Phase II bonus allowance alloca-
tions and, if applicable, allocations pursuant to section 405(a)(3) for 
each unit subject to the emissions limitation requirements of section 
405 for the year 2000 and the year 2010. After notice and oppor-
tunity for public comment, but not later than December 31, 1992, 
the Administrator shall publish a final list of such allocations, 
subject to the provisions of section 405(a)(2). Any owner or operator 
of an existing unit subject to the requirements of section 405(b) or (c) 
who is considering applying for an extension of the emission limita-
tion requirement compliance deadline for that unit from January 1, 
2000, until not later than December 31, 2000, pursuant to section 
409, shall notify the Administrator no later than March 31, 1991. 
Such notification shall be used as the basis for estimating the basic 
Phase II allowances under this subsection. Prior to June 1, 1998, the 
Administrator shall publish a revised final statement of allowance 
allocations, subject to the provisions of section 405(aX2) and taking 
into account the effect of any compliance date extensions granted 
pursuant to section 409 on such allocations. Any person who may 
make an election concerning the amount of allowances to be £illo-
cated to a unit or units shall make such election and so inform the 
Administrator not later than March 31, 1991, in the case of an 
election under section 405 (or June 30, 1991, in the case of an 
election under section 406). If such person fails to make such 
election, the Administrator shall set forth for each unit owned or 
operated by such person, the amount of allowances reflecting the 
election that would, in the judgment of the Administrator, provide 
the greatest benefit for the owner or operator of the unit. If such 
person is a Governor who may make an election under section 406 
and the Governor fails to make an election, the Administrator shall 
set forth for each unit in the State the amount of allowances 
reflecting the election that would, in the judgment of the Adminis-
trator, provide the greatest benefit for units in the State. 
Regulations. 
"(b) ALLOWANCE TRANSFER SYSTEM.—Allowances allocated under 
this title may be transferred among designated representatives of 
the owners or operators of affected sources under this title and any 
other person who holds such allowances, as provided by the allow-
ance system regulations to be promulgated by the Administrator not 
later than eighteen months after the date of enactment of the Clean 
Air Act Amendments of 1990. Such regulations shall establish the 
allowance system prescribed under this section, including, but not 
limited to, requirements for the allocation, transfer, and use of 
allowances under this title. Such regulations shall prohibit the use 
of any allowance prior to the calendar year for which the allowance 
was allocated, and shall provide, consistent with the purposes of this 
title, for the identification of unused allowances, and for such 
unused allowances to be carried forward and added to allowances 
allocated in subsequent years, including allowances allocated to 
units subject to Phase I requirements (as described in section 404) 
which are applied to emissions limitations requirements in Phase II 
(as described in section 405). Transfers of allowances shall not be 
effective until written certification of the transfer, signed by a 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2591 
responsible official of each party to the transfer, is received and 
recorded by the Administrator. Such regulations shall permit the 
transfer of allowances prior to the issuance of such allowances. 
Recorded pre-allocation transfers shall be deducted by the Adminis-
trator from the number of allowances which would otherwise be 
allocated to the transferor, and added to those allowances allocated 
to the transferee. Pre-allocation transfers shall not affect the 
prohibition contained in this subsection sigainst the use of allow-
ances prior to the year for which they are allocated. 
"(c) INTERPOLLUTANT TRADING.—Not later than January 1, 1994, 
the Administrator shall furnish to the Congress a study evaluating 
the environmental and economic consequences of amending this 
title to permit trading sulfur dioxide allowances for nitrogen oxides 
allowances. 
"(d) ALLOWANCE TRACKING SYSTEM.—(1) The Administrator shall Regulations. 
promulgate, not later than 18 months after the date of enactment of 
the Clean Air Act Amendments of 1990, a system for issuing, 
recording, and tracking allowances, which shall specify all necessary 
procedures and requirements for an orderly and competitive func-
tioning of the allowance system. All allowance allocations and 
transfers shall, upon recordation by the Administrator, be deemed a 
part of each unit's permit requirements pursuant to section 408, 
without any further permit review and revision. 
"(2) In order to insure electric reliability, such regulations shall 
not prohibit or affect temporary increases and decreases in emis-
sions within utility systems, power pools, or utilities entering into 
allowance pool agreements, that result from their operations, 
including emergencies and central dispatch, and such temporary 
emissions increases and decreases shall not require transfer of 
allowances among units nor shall it require recordation. The owners 
or operators of such units shall act through a designated representa-
tive. Notwithstanding the preceding sentence, the total tonnage of 
emissions in any calendar year (calculated at the end thereof) from 
all units in such a utility system, power pool, or allowance pool 
agreements shall not exceed the total allowances for such units for 
the calendar year concerned. 
"(e) NEW UTILITY UNiTS.^After January 1, 2000, it shall be 
unlawful for a new utility unit to emit an annual tonnage of sulfur 
dioxide in excess of the number of allowances to emit held for the 
unit by the unit's owner or operator. Such new utility units shall not 
be eligible for an allocation of sulfur dioxide allowances under 
subsection (a)(1), unless the unit is subject to the provisions of 
subsection (g)(2) or (3) of section 405. New utility units may obtain 
allowances from any person, in accordance with this title. The 
owner or operator of any new utility unit in violation of this 
subsection shall be liable for fulfilling the obligations specified in 
section 411 of this title. 
"(f) NATURE OF ALLOWANCES.—An allowance allocated under this 
title is a limited authorization to emit sulfur dioxide in accordance 
with the provisions of this title. Such allowance does not constitute a 
property right. Nothing in this title or in any other provision of law 
shall be construed to limit the authority of the United States to 
terminate or limit such authorization. Nothing in this section relat-
ing to allowEinces shall be construed as affecting the application of, 
or compliance with, any other provision of this Act to an affected 
unit or source, including the provisions related to applicable 
National Ambient Air Quality Standards and State implementation 
104 STAT. 2592 
PUBLIC LAW 101-549—NOV. 15, 1990 
plans. Nothing in this section shall be construed as requiring a 
change of any kind in any State law regulating electric utility rates 
and charges or affecting any State law regarding such State regula-
tion or as limiting State regulation (including any prudency review) 
under such a State law. Nothing in this section shall be construed as 
modifying the Federal Power Act or as affecting the authority of the 
Federal Energy Regulatory Commission under that Act. Nothing in 
this title shall be construed to interfere with or impair any program 
for competitive bidding for power supply in a State in which such 
program is established. Allowances, once allocated to a person by 
the Administrator, may be received, held, and temporarily or 
permanently transferred in accordance with this title and the regu-
lations of the Administrator without regard to whether or not a 
permit is in effect under title V or section 408 with respect to the 
unit for which such allowance was originally allocated and recorded. 
Each permit under this title and each permit issued under title V 
for any affected unit shall provide that the affected unit may not 
emit an annual tonnage of sulfur dioxide in excess of the allowances 
held for that unit. 
"(g) PROHIBITION.—It shall be unlawful for any person to hold, use, 
or transfer any allowance allocated under this title, except in 
accordance with regulations promulgated by the Administrator. It 
shall be unlawful for any affected unit to emit sulfur dioxide in 
excess of the number of edlowances held for that unit for that year 
by the owner or operator of the unit. Upon the allocation of allow-
ances under this title, the prohibition contained in the preceding 
sentence shall supersede any other emission limitation applicable 
under this title to the units for which such allowances are allocated. 
Allowances may not be used prior to the calendar year for which 
they are allocated. Nothing in this section or in the allowance 
system regulations shall relieve the Administrator of the Adminis-
trator's permitting, monitoring and enforcement obligations under 
this Act, nor relieve affected sources of their requirements and 
liabilities under this Act. 
"(h) COMPETITIVE BIDDING FOR POWER SUPPLY.—Nothing in this 
title shall be construed to interfere with or impair any program for 
competitive bidding for power supply in a State in which such 
program is established. 
"(i) APPUCABILITY OF THE ANTITRUST LAWS.— 
"(1) Nothing in this section affects— 
"(A) the applicability of the antitrust laws to the transfer, 
use, or sale of allowances, or 
"(B) the authority of the Federal Energy Regulatory 
Commission under any provision of law respecting unfair 
methods of competition or anticompetitive acts or practices. 
"(2) As used in this section, 'antitrust laws' means those Acts 
set forth in section 1 of the Cla3rton Act (15 U.S.C. 12), as 
amended. 
"(j) PuBUC UTIUTY HOLDING (DOMPANY ACT.—The acquisition or 
disposition of allowances pursuant to this title including the issu-
ance of securities or the undertaking of any other financing trans-
action in connection with such allowances shall not be subject to the 
provisions of the Public Utility Holding Company Act of 1935. 
42 use 7651c. 
"SEC. 404. PHASE I SULFUR DIOXIDE REQUIREMENTS. 
"(a) EMISSION LIMITATIONS.—(1) After January 1,1995, each source 
that includes one or more affected units listed in table A is an 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2593 
affected source under this section. After January 1, 1995, it shall be 
unlawful for any affected unit (other than an eligible phase I unit 
under section 404(dX2)) to emit sulfur dioxide in excess of the 
tonnage limitation stated as a total number of allow£inces in table A 
i 
for phase I, unless (A) the emissions reduction requirements 
applicable to such unit have been achieved pursuant to subsection 
(b) or (d), or (B) the owner or operator of such unit holds allowances 
to emit not less than the unit's total annual emissions, except that, 
after January 1, 2000, the emissions limitations established in this 
section shall be superseded by those established in section 405. The 
owner or operator of any unit in violation of this section shall be 
fully liable for such violation including, but not limited to, liability 
for fulfilling the obligations specified in section 411. 
"(2) Not later than December 31, 1991, the Administrator shall 
determine the total tonnage of reductions in the emissions of sulfur 
dioxide from all utility units in calendar year 1995 that will occur as 
a result of compliance with the emissions limitation requirements of 
this section, and shall establish a reserve of allowances equal in 
amount to the number of tons determined thereby not to exceed a 
total of 3.50 million tons. In making such a determination, the 
Administrator shall compute for each unit subject to the emissions 
limitation requirements of this section the difference between: 
"(A) the product of its baseline multiplied by the lesser of 
each unit's allowable 1985 emissions rate and its actual 1985 
emissions rate, divided by 2,000, and 
"(B) the product of each unit's baseline multiplied by 2.50 
Ibs/mmBtu divided by 2,000, 
and sum the computations. The Administrator shall adjust the 
foregoing calculation to reflect projected calendar year 1995 utiliza-
tion of the units subject to the emissions limitations of this title that 
the Administrator finds would have occurred in the absence of the 
imposition of such requirements. Pursuant to subsection (d), the 
Administrator shall allocate allowances from the reserve estab-
lished hereinunder until the earlier of such time as all such allow-
ances in the reserve are allocated or December 31,1999. 
"(3) In addition to allowances allocated pursuant to paragraph (1), State listing. 
in each calendar year beginning in 1995 and ending in 1999, inclu-
sive, the Administrator shall allocate for each unit on Table A that 
is located in the States of Illinois, Indiana, or Ohio (other than units 
at Kyger Creek, Clifty Creek and Joppa Steam), allowances in an 
amount equal to 200,000 multiplied by the unit's pro rata share of 
the total number of allowances allocated for all units on Table A in 
the 3 States (other than units at Kyger Creek, Clifty Creek, and 
Joppa Steam) pursuant to paragraph (1). Such allowances shall be 
excluded from the calculation of the reserve under paragraph (2). 
"(b) SUBSTITUTIONS.—The owner or operator of an affected unit 
under subsection (a) may include in its section 408 permit applica-
tion and proposed compliance plan a proposal to reassign, in whole 
or in part, the affected unit's sulfur dioxide reduction requirements 
to any other unit(s) under the control of such owner or operator. 
Such proposal shall specify— 
"(1) the designation of the substitute unit or units to which 
any part of the reduction obligations of subsection (a) shall be 
required, in addition to, or in lieu of, any original affected units 
designated under such subsection; 
104 STAT. 2594 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(2) the original affected unit's baseline, the actual and allow-
able 1985 emissions rate for sulfur dioxide, and the authorized 
annual allowance allocation stated in table A; 
"(3) calculation of the annual average tonnage for calendar 
years 1985, 1986, and 1987, emitted by the substitute unit or 
units, beised on the bsiseline for each unit, as defined in section 
402(d), multiplied by the lesser of the unit's actual or allowable 
1985 emissions rate; 
"(4) the emissions rates and tonnage limitations that would be 
applicable to the original and substitute affected units under 
the substitution proposal; 
"(5) documentation, to the satisfaction of the Administrator, 
that the reassigned tonnage limits will, in total, achieve the 
same or greater emissions reduction than would have been 
achieved by the original affected unit and the substitute unit or 
units without such substitution; and 
"(6) such other information £is the Administrator may re-
quire. 
"(c) ADMINISTRATOR'S ACTION ON SUBSTITUTION PROPOSALS.—(1) 
The Administrator shall take final action on such substitution 
proposal in accordance with section 408(c) if the substitution pro-
posal fulfills the requirements of this subsection. The Administrator 
may approve a substitution proposal in whole or in part and with 
such modifications or conditions as may be consistent with the 
orderly functioning of the allowance system and which will ensure 
the emissions reductions contemplated by this title. If a proposal 
does not meet the requirements of subsection (b), the Administrator 
shall disapprove it. The owner or operator of a unit listed in table A 
shall not substitute another unit or units without the prior approval 
of the Administrator. 
"(2) Upon approval of a substitution proposal, each substitute 
unit, and each source with such unit, shall be deemed affected under 
this title, and the Administrator shall issue a permit to the original 
and substitute affected source and unit in accordance with the 
approved substitution plan and section 408. The Administrator shall 
allocate allowances for the original and substitute affected units in 
accordance with the approved substitution proposal pursuant to 
section 403. It shall be unlawful for any source or unit that is 
allocated allowances pursuant to this section to emit sulfur dioxide 
in excess of the emissions limitation provided for in the approved 
substitution permit and plan unless the owner or operator of each 
unit governed by the permit and approved substitution plan holds 
allowances to emit not less than the units total annual emissions. 
The owner or operator of any original or substitute affected unit 
operated in violation of this subsection shall be fully liable for such 
violation, including liability for fulfilling the obligations specified in 
section 411 of this title. If a substitution proposal is disapproved, the 
Administrator shall allocate allowances to the original affected unit 
or units in accordance with subsection (a). 
"(d) EuGiBLE PHASE I EXTENSION UNITS.—(1) The owner or opera-
tor of any affected unit subject to an emissions limitation require-
ment under this section may petition the Administrator in its 
permit application under section 408 for an extension of 2 years of 
the deadline for meeting such requirement, provided that the owner 
or operator of any such unit holds allowances to emit not less than 
the unit's total annual emissions for each of the 2 years of the period 
of extension. To qualify for such an extension, the affected unit must 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2595 
either employ a qualifying phase I technology, or transfer its phase I 
emissions reduction obligation to a unit employing a qualifjdng 
phase I technology. Such transfer shall be accomplished in accord-
ance with a compliance plan, submitted and approved under section 
408, that shall govern operations at all units included in the trans-
fer, and that specifies the emissions reduction requirements imposed 
pursuant to this title. 
"(2) Such extension proposal shall— 
"(A) specify the unit or units proposed for designation as an 
eligible phase I extension unit; 
(B) provide a copy of an executed contract, which may be 
contingent upon the Administrator approving the proposal, for 
the design engineering, and construction of the qualifying phase 
I technology for the extension unit, or for the unit or units to 
which the extension unit's emission reduction obligation is to be 
transferred; 
"(C) specify the unit's or units' baseline, actual 1985 emissions 
rate, allowable 1985 emissions rate, and projected utilization for 
calendar years 1995 through 1999; 
"(D) require CEMS on both the eligible phase I extension unit 
or units and the transfer unit or units beginning no later than 
January 1,1995; and 
"(E) specify the emission limitation and number of allowances 
expected to be necessary for annual operation after the qualify-
ing phase I technology has been installed. 
"(3) The Administrator shall review and take final action on each 
extension propossd in order of receipt, consistent with section 408, 
and for an approved proposal shall designate the unit or units as an 
eligible phase I extension unit. The Administrator may approve an 
extension proposal in whole or in part, and with such modifications 
or conditions as may be necessary, consistent with the orderly 
functioning of the allowance system, and to ensure the emissions 
reductions contemplated by the title. 
"(4) In order to determine the number of proposals eligible for 
allocations from the reserve under subsection (aX2) and the number 
of allowances remaining available after each proposal is acted upon, 
the Administrator shall reduce the total number of allowances 
remaining available in the reserve by the number of allowances 
calculated according to subparagraphs (A), (B) and (C) until either no 
gdlowances remain available in the reserve for further allocation or 
all approved proposals have been acted upon. If no allowances 
remain available in the reserve for further allocation before all 
proposals have been acted upon by the Administrator, any pending 
proposals shall be disapproved. The Administrator shall calculate 
allowances equal to— 
"(A) the difference between the lesser of the average annual 
emissions in calendar years 1988 and 1989 or the projected 
emissions tonnage for calendar year 1995 of each eligible phase 
I extension unit, £is designated under paragraph (3), and the 
product of the unit's baseline multiplied by an emission rate of 
2.50 Ibs/mmBtu, divided by 2,000; 
"(B) the difference between the lesser of the average annual 
emissions in calendar years 1988 and 1989 or the projected 
emissions tonnage for calendar year 1996 of each eligible phase 
I extension unit, as designated under paragraph (3), and the 
product of the unit's baseline multiplied by an emission rate of 
2.50 Ibs/mmBtu, divided by 2,000; and 
104 STAT. 2596 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(C) the amount by which (i) the product of each unit's 
baseline multiplied by an emission rate of 1.20 Ibs/mmBtu, 
divided by 2,000, exceeds (ii) the tonnage level specified under 
subparagraph (E) of paragraph (2) of this subsection multiplied 
by a factor of 3. 
"(5) Each eligible Phase I extension unit shall receive allowances 
determined under subsection (a)(1) or (c) of this section. In addition, 
for calendar year 1995, the Administrator shall allocate to each 
eligible Phase I extension unit, from the allowance reserve created 
pursuant to subsection (a)(2), allowances equal to the difference 
between the lesser of the average annual emissions in calendar 
years 1988 and 1989 or its projected emissions tonnage for calendar 
year 1995 and the product of the unit's baseline multiplied by an 
emission rate of 2.50 Ibs/mmBtu, divided by 2,000. In calendar year 
1996, the Administrator shall allocate for each eligible unit, from 
the allowance reserve created pursuant to subsection (a)(2), allow-
ances equal to the difference between the lesser of the average 
annual emissions in calendar years 1988 and 1989 or its projected 
emissions tonnage for calendar year 1996 and the product of the 
unit's baseline multiplied by an emission rate of 2.50 Ibs/mmBtu, 
divided by 2,000. It shall be unlawful for any source or unit subject 
to an approved extension plan under this subsection to emit sulfur 
dioxide in excess of the emissions limitations provided for in the 
permit and approved extension plan, unless the owner or operator of 
each unit governed by the permit and approved plan holds allow-
ances to emit not less than the unit's total annual emissions. 
"(6) In addition to allowances specified in paragraph (5), the 
Administrator shall allocate for each eligible Phase I extension unit 
employing qualifying Phase I technology, for calendar years 1997, 
1998, and 1999, additional allowances, from any remaining allow-
ances in the reserve created pursuant to subsection (a)(2), following 
the reduction in the reserve provided for in paragraph (4), not to 
exceed the amount by which (A) the product of each eligible unit's 
baseline times an emission rate of 1.20 Ibs/mmBtu, divided by 2,000, 
exceeds (B) the tonnage level specified under subparagraph (E) of 
paragraph (2) of this subsection. 
"(7) After January 1, 1997, in addition to any liability under this 
Act, including under section 411, if any eligible phase I extension 
unit employing qualifying phase I technology or any transfer unit 
under this subsection emits sulfur dioxide in excess of the annual 
tonnage limitation specified in the extension plan, as approved in 
paragraph (3) of this subsection, the Administrator shall, in the 
calendar year following such excess, deduct allowances equal to the 
amount of such excess from such unit's annual allowance allocation. 
"(e)(1) In the case of a unit that receives authorization from the 
Governor of the State in which such unit is located to make reduc-
tions in the emissions of sulfur dioxide prior to calendar year 1995 
and that is part of a utility system that meets the following require-
ments: (A) the total coal-fired generation within the utility system 
as a percentage of total system generation decreased by more than 
20 percent between January 1, 1980, and December 31, 1985; and (B) 
the weighted capacity factor of all coal-fired units within the utility 
system avereiged over the period from January 1, 1985, through 
December 31, 1987, was below 50 percent, the Administrator shall 
allocate allowances under this paragraph for the unit pursuant to 
this subsection. The Administrator shall allocate allowances for a 
unit that is an affected unit pursuant to section 405 (but is not also 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2597 
an affected unit under this section) and part of a utility system that 
includes 1 or more affected units under section 405 for reductions in 
the emissions of sulfur dioxide made during the period 1995-1999 if 
the unit meets the requirements of this subsection and the require-
ments of the preceding sentence, except that for the purposes of 
applying this subsection to any such unit, the prior year concerned 
as specified below, shall be any year after January 1, 1995 but prior 
to January 1, 2000. 
"(2) In the case of an affected unit under this section described in 
subparagraph (A), the allowances allocated under this subsection for 
early reductions in any prior year may not exceed the amount which 
(A) the product of the unit's baseline multiplied by the unit's 1985 
actual sulfur dioxide emission rate (in lbs. per mmBtu), divided by 
2,000, exceeds (B) the allowances specified for such unit in Table A. 
In the case of an affected unit under section 405 described in 
subparagraph (A), the allowances awarded under this subsection for 
early reductions in any prior year may not exceed the amount by 
which (i) the product of the quantity of fossil fuel consumed by the 
unit (in mmBtu) in the prior year multiplied by the lesser of 2.50 or 
the most stringent emission rate (in lbs. per mmBtu) applicable to 
the unit under the applicable implementation plan, divided by 2,000, 
exceeds (ii) the unit's actual tonnage of sulfur dioxide emission for 
the prior year concerned. Allowances allocated under this subsec-
tion for units referred to in subparagraph (A) may be allocated only 
for emission reductions achieved as a result of physical changes or 
changes in the method of operation made after the date of enact-
ment of the Clean Air Act Amendments of 1990, including changes 
in the type or quality of fossil fuel consumed. 
"(3) In no event shall the provisions of this paragraph be inter-
preted as an event of force majeur or a commercial impractibility or 
in any other way as a basis for excused nonperformance by a utility 
system under a coal sales contract in effect before the date of 
enactment of the Clean Air Act Amendments of 1990. 
"TABLE A.—AFFECTED SOURCES AND UNITS IN PHASE I AND THEIR SULFUR DIOXIDE 
ALLOWANCES (TONS) 
Phase I 
State 
Plant Name 
Generator 
Allow-
ances 
Alab£ima 
Colbert 
E.C.Gaston. 
Florida 
Big Bend 
Crist 
Georgia 
Bowen 
1 
2 
3 
4 
5 
1 
2 
3 
4 
5 
1 
2 
3 
6 
7 
1 
2 
3 
13,570 
15,310 
15,400 
15,410 
37,180 
18,100 
18,540 
18,310 
19,280 
59,840 
28,410 
27,100 
26,740 
19,200 
31,680 
56,320 
54,770 
71,750 
104 STAT. 2598 
PUBLIC LAW 101-549—NOV. 15, 1990 
Phase I 
State 
Plant Name 
(Jenerator 
Allow-
ances 
Hammond. 
J. McDonough. 
Wansley 
Yates 
Illinois 
Bsildwin, 
Coffeen. 
Grand Tower. 
Hennepin 
Joppa Steam.. 
Kincaid 
, 
Meredosia.. 
Vermilion. 
Indiana 
Bailly 
Breed 
Cayuga 
Clifty Creek. 
E. W. Stout. 
F. B. CuUey. 
F. E. Ratts... 
Gibson 
H. T. Pritchard. 
Michigan City..., 
Petersburg 
R. Gallagher 
4 
1 
2 
3 
4 
1 
2 
1 
2 
1 
2 
3 
4 
5 
6 
7 
1 
2 
3 
1 
2 
4 
2 
1 
2 
3 
4 
5 
6 
1 
2 
3 
2 
7 
8 
1 
1 
2 
1 
2 
3 
4 
5 
6 
5 
6 
7 
2 
3 
1 
2 
1 
2 
3 
4 
6 
12 
1 
2 
1 
2 
3 
4 
71,740 
8,780 
9,220 
8,910 
37,640 
19,910 
20,600 
70,770 
65,430 
7,210 
7,040 
6,950 
8,910 
9,410 
24,760 
21,480 
42,010 
44,420 
42,550 
11,790 
35,670 
5,910 
18,410 
12,590 
10,770 
12,270 
11,360 
11,420 
10,620 
31,530 
33,810 
13,890 
8,880 
11,180 
15,630 
18,500 
33,370 
34,130 
20,150 
19,810 
20,410 
20,080 
19,360 
20,380 
3,880 
4,770 
23,610 
4,290 
16,970 
8,330 
8,480 
40,400 
41,010 
41,080 
40,320 
5,770 
23,310 
16,430 
32,380 
6,490 
7,280 
6,530 
7,650 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2599 
state 
Plant NEime 
Generator 
Phase I 
Allow-
ances 
Tanners Creek., 
Wabash River.., 
Iowa. 
Kansas 
Kentucky. 
Maryland. 
Michigan... 
Minnesota. 
Mississippi 
Missouri.... 
New Hampshire. 
New Jersey 
Warrick 
Burlington 
Des Moines 
Greorge Neal 
M.L. Kapp 
Prairie Creek.... 
Riverside 
Quindaro 
Coleman 
Cooper 
E.W. Brown 
Elmer Smith 
Ghent 
Green River 
H.L. Spurlock... 
Henderson 11.... 
Paradise 
Shawnee 
Chalk Point 
C. P. Crane 
Morgantown 
J. H. Campbell. 
High Bridge 
Jack Watson 
Asbury 
j£unes River 
Labadie 
Montrose 
New Madrid 
Sibley 
Sioux 
Thomas Hill 
Merrimack 
B.L. England 
4 
1 
2 
8 
5 
6 
4 
1 
7 
1 
2 
4 
5 
2 
1 
2 
3 
1 
2 
1 
2 
3 
1 
2 
1 
4 
1 
1 
2 
3 
10 
1 
2 
1 
2 
1 
2 
1 
2 
6 
4 
5 
1 
5 
1 
2 
3 
4 
1 
2 
3 
1 
2 
3 
1 
2 
1 
2 
1 
2 
1 
2 
24,820 
4,000 
2,860 
^^m 
3,670 
12,280 
26,980 
10,710 
2,320 
1,290 
13,800 
8,180 
3,990 
4,220 
11,250 
12,840 
12,340 
7,450 
15,320 
7,110 
10,910 
26,100 
6,520 
14,410 
28,410 
7,820 
22,780 
13,340 
12,310 
59,170 
10,170 
21,910 
24,330 
10,330 
9,230 
35,260 
38,480 
19,280 
23,060 
4,270 
17,910 
36,700 
16,190 
4,850 
40,110 
37,710 
40,310 
35,940 
7,390 
8,200 
10,090 
28,240 
32,480 
15,580 
22,570 
23,690 
10,250 
19,390 
10,190 
22,000 
9,060 
11,720 
104 STAT. 2600 
PUBLIC LAW 101-549—NOV. 15, 1990 
state 
Plant Name 
Grenerator 
Phase I 
Allow-
ances 
New York. 
Ohio. 
Dunkirk 
, 
Greenidge 
, 
Milliken 
Northport 
Port Jefferson. 
Ashtabula 
Avon Lake 
Cardinal 
, 
Conesville 
Eastlake 
Edgewater 
Gen. J.M. Gavin. 
Kyger Creek 
Miami Fort 
Muskingum River.. 
Pennsylvania....'.. 
Niles 
Picway 
R.E. Burger 
W.H. Sammis 
W.C. Beckjord 
Armstrong 
Brunner Island.. 
Cheswick 
Conemaugh 
Hatfield's Ferry. 
Martins Creek.... 
3 
4 
4 
1 
2 
1 
2 
3 
3 
4 
5 
8 
9 
1 
2 
1 
2 
3 
4 
1 
2 
3 
4 
5 
4 
1 
2 
1 
2 
3 
4 
5 
5 
6 
7 
1 
2 
3 
4 
5 
1 
2 
5 
3 
4 
5 
5 
6 
7 
5 
6 
1 
2 
1 
2 
3 
1 
1 
2 
1 
2 
3 
1 
12,600 
14,060 
7,540 
11,170 
12,410 
19,810 
24,110 
26,480 
10,470 
12,330 
16,740 
11,650 
30,480 
34,270 
38,320 
4,210 
4,890 
5,500 
48,770 
7,800 
8,640 
10,020 
14,510 
34,070 
5,050 
79,080 
80,560 
19,280 
18,560 
17,910 
18,710 
18,740 
760 
11,380 
38,510 
14,880 
14,170 
13,950 
11,780 
40,470 
6,940 
9,100 
4,930 
6,150 
10,780 
12,430 
24,170 
39,930 
43,220 
8,950 
23,020 
14,410 
15,430 
27,760 
31,100 
53,820 
39,170 
59,790 
66,450 
37,830 
37,320 
40,270 
12,660 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2601 
state 
Plant Neune 
Generator 
Phase I 
Allow-
ances 
Portleind. 
Shawville. 
Sunbury. 
Tennessee. 
Allen. 
Cumberland. 
Gallatin. 
Johnsonville. 
West Virginia, 
Wisconsin.. 
Albright 
Fort Martin 
Harrison 
Kammer 
Mitchell 
Mount Storm 
Edgewater 
La Crosse/Genoa. 
Nelson Dewey 
N. Oak Creek 
Pulliam 
S. Oak Creek 
2 
1 
2 
1 
2 
3 
4 
3 
4 
1 
2 
3 
1 
2 
1 
2 
3 
4 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
3 
1 
2 
1 
2 
3 
1 
2 
3 
1 
2 
1 
2 
3 
4 
3 
1 
2 
1 
2 
3 
4 
8 
5 
6 
7 
8 
12,820 
5,940 
10,230 
10,320 
10,320 
14,220 
14,070 
8,760 
11,450 
15,320 
16,770 
15,670 
86,700 
94,840 
17,870 
17,310 
20,020 
21,260 
7,790 
8,040 
8,410 
7,990 
8,240 
7,890 
8,980 
8,700 
7,080 
7,550 
12,000 
41,590 
41,200 
48,620 
46,150 
41,500 
18,740 
19,460 
17,390 
43,980 
45,510 
43,720 
35,580 
42,430 
24,750 
22,700 
6,010 
6,680 
5,220 
5,140 
5,370 
6,320 
7,510 
9,670 
12,040 
16,180 
15,790 
*(f) ENERGY CONSERVATION AND RENEWABLE ENERGY.— 
"(1) DEFINITIONS.—As used in this subsection: 
"(A) 
QUAUFIED ENERGY CONSERVATION MEASURE.—The 
term 'qualified energy conservation measure' means a cost 
effective measure, as identified by the Administrator in 
consultation with the Secretary of Energy, that increases 
104 STAT. 2602 
PUBLIC LAW 101-549—NOV. 15, 1990 
the efficiency of the use of electricity provided by an elec-
tric utility to its customers. 
"(B) QUALIFIED RENEWABLE ENERGY.—The term 'qualified 
renewable energy' means energy derived from biomass, 
solar, geothermal, or wind as identified by the Adminis-
trator in consultation with the Secretary of Energy. 
"(C) ELECTRIC UTIUTY.—The term 'electric utility' means 
any person, State agency, or Federal agency, which sells 
electric energy. 
"(2) ALLOWANCES FOR EMISSIONS AVOIDED THROUGH ENERGY 
CONSERVATION AND RENEWABLE ENERGY.— 
"(A) IN GENERAL.—The regulations under paragraph (4) 
of this subsection shall provide that for each ton of sulfur 
dioxide emissions avoided by an electric utility, during the 
applicable period, through the use of qualified energy con-
servation measures or qualified renewable energy, the 
Administrator shall allocate a single allowance to such 
electric utility, on a first-come-first-served basis from the 
Conservation and Renewable Energy Reserve established 
under subsection (g), up to a total of 300,000 allowances for 
allocation from such Reserve. 
"(B) REQUIREMENTS FOR ISSUANCE.—The Administrator 
shall allocate allowances to an electric utility under this 
subsection only if all of the following requirements are met: 
"(i) Such electric utility is paying for the qualified 
energy conservation measures or qualified renewable 
energy directly or through purchase from another 
person. 
"(ii) The emissions of sulfur dioxide avoided through 
the use of qualified energy conservation measures or 
qualified renewable energy are quantified in accord-
ance with regulations promulgated by the Adminis-
trator under this subsection. 
"(iii)(I) Such electric utility has adopted and is im-
plementing a least cost energy conservation and elec-
tric power plan which evaluates a range of resources, 
including new power supplies, energy conservation, and 
renewable energy resources, in order to meet expected 
future demand at the lowest system cost. 
"(II) The qualified energy conservation measures or 
qualified renewable energy, or both, are consistent with 
that plan. 
"(Ill) Electric utilities subject to the jurisdiction of a 
State regulatory authority must have such plan ap-
proved by such authority. For electric utilities not 
subject to the jurisdiction of a State regulatory author-
ity such plan shall be approved by the entity with rate-
making authority for such utility. 
"(iv) In the case of qualified energy conservation 
measures undertaken by a State regulated electric util-
ity, the Secretary of Energy certifies that the State 
regulatory authority with jurisdiction over the electric 
rates of such electric utility has established rates and 
charges which ensure that the net income of such 
electric utility after implementation of specific cost 
effective energy conservation measures is at least as 
high as such net income would have been if the energy 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2603 
conservation measures had not been implemented. 
Upon the date of any such certification by the Sec-
retary of Energy, all allowances which, but for this 
paragraph, would have been allocated under subpara-
graph (A) before such date, shall be allocated to the 
electric utility. This clause is not a requirement for 
qualified renewable energy. 
"(v) Such utility or any subsidiary of the utility's 
holding company owns or operates at least one eiffected 
unit. 
"(C) PERIOD OF APPUCABILITY.—Allowances under this 
subsection shall be allocated only with respect to kilowatt 
hours of electric energy saved by qualified energy conserva-
tion mesisures or generated by qualified renewable energy 
after January 1, 1992 and before the earlier of (i) December 
31, 2000, or (ii) the date on which any electric utility steam 
generating unit owned or operated by the electric utility to 
which the allowances are allocated becomes subject to this 
title (including those sources that elect to become affected 
by this title, pursuant to section 410). 
"(D) DETERMINATION OF AVOIDED EMISSIONS.— 
"(i) APPUCATION.—In order to receive allowances 
under this subsection, an electric utility shall make an 
application which— 
"(I) designates the qualified energy conservation 
measures implemented and the qualified renew-
able energy sources used for purposes of avoiding 
emissions, 
"(II) calculates, in accordance with subpara-
graphs (F) and (G), the number of tons of emissions 
avoided by reason of the implementation of such 
measures or the use of such renewable energy 
sources; and 
"(III) demonstrates that the requirements of 
subparagraph (B) have been met. 
Such application for allowances by a State-regulated 
electric utility shall require approval by the State regu-
latory authority with jurisdiction over such electric 
utility. The authority shall review the application for 
accuracy and compliance with this subsection and the 
rules under this subsection. Electric utilities whose 
retail rates are not subject to the jurisdiction of a State 
regulatory authority shall apply directly to the 
Administrator for such approval. 
"(E) AVOIDED EMISSIONS FROM QUAUFIED ENERGY CON-
SERVATION MEASURES.—For the purposes of this subsection, 
the emission tonnage deemed avoided by reason of the 
implementation of qualified energy conservation measures 
for any calendar year shall be a tonnage equal to the 
product of multiplying— 
"(i) the kilowatt hours that would otherwise have 
been supplied by the utility during such year in the 
absence of such qualified energy conservation meas-
ures, by 
"(ii) 0.004, 
and dividing by 2,000. 
104 STAT. 2604 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(F) 
AVOIDED EMISSIONS FROM THE USE OF QUAUFIED 
RENEWABLE ENERGY.—The emissions 
tonnage 
deemed 
avoided by reason of the use of qualified renewable energy 
by an electric utility for any calendar year shall be a 
tonneige equal to the product of multiplying— 
"(i) the actual kilowatt hours generated by, or pur-
chased from, qualified renewable energy, by 
"(ii) 0.004, 
and dividing by 2,000. 
"(G) PROHIBITIONS.—(i) No allowances shall be allocated 
under this subsection for the implementation of programs 
that are exclusively informational or educational in nature, 
"(ii) No allowances shall be allocated for energy conserva-
tion measures or renewable energy that were operational 
before January 1,1992. 
"(3) SAVINGS PROVISION.—Nothing in this subsection pre-
cludes a State or State regulatory authority from providing 
additional incentives to utilities to encourage investment in 
demand-side resources. 
"(4) REGULATIONS.—Not later than 18 months after the date 
of the enactment of the Clean Air Act Amendments of 1990 and 
in conjunction with the regulations required to be promulgated 
under subsections (b) and (c), the Administrator shall, in con-
sultation with the Secretary of Energy, promulgate regulations 
under this subsection. Such regulations shall list energy con-
servation measures and renewable energy sources which may 
be treated as qualified energy conservation measures and quali-
fied renewable energy for purposes of this subsection. Allow-
ances shall only be allocated if all requirements of this 
subsection and the rules promulgated to implement this subsec-
tion are complied with. The Administrator shall review the 
determinations of each State regulatory authority under this 
subsection to encourage consistency from electric utility to 
electric utility and from State to State in accordance with the 
Administrator's rules. The Administrator shall publish the find-
ings of this review no less than annually. 
"(g) 
CONSERVATION AND RENEWABLE ENERGY RESERVE.—The 
Administrator shall establish a Conservation and Renewable Energy 
Reserve under this subsection. Beginning on January 1, 1995, the 
Administrator may allocate from the Conservation and Renewable 
Energy Reserve an amount equal to a total of 300,000 allowances for 
emissions of sulfur dioxide pursuant to section 403. In order to 
provide 300,000 allowances for such reserve, in each year beginning 
in calendar year 2000 and until calendar year 2009, inclusive, the 
Administrator shall reduce each unit's basic Phase II allowance 
allocation on the basis of its pro rata share of 30,000 allowances. If 
allowances remain in the reserve after January 2, 2010, the 
Administrator shall allocate such allowances for affected units 
under section 405 on a pro rata basis. For purposes of this subsec-
tion, for any unit subject to the emissions limitation requirements of 
section 405, the term 'pro rata basis' refers to the ratio which the 
reductions made in such unit's allowances in order to establish the 
reserve under this subsection bears to the total of such reductions 
for all such units. 
"(h) ALTERNATIVE ALLOWANCE ALLOCATION FOR UNITS IN CERTAIN 
UTILITY SYSTEMS WITH OPTIONAL BASEUNE.— 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2605 
"(1) OPTIONAL BASEUNE FOR UNITS IN CERTAIN SYSTEMS.—In 
the case of a unit subject to the emissions Hmitation require-
ments of this section which (as of the date of the enactment of 
the Clean Air Act Amendments of 1990)— 
"(A) has an emission rate below 1.0 Ibs/mmBtu, 
"(B) has decreased its sulfur dioxide emissions rate by 60 
percent or greater since 1980, and 
"(C) is part of a utility system which has a weighted 
average sulfur dioxide emissions rate for all fossil fueled-
fired units below 1.0 Ibs/mmBtu, 
at the election of the owner or operator of such unit, the unit's 
baseline may be calculated (i) as provided under section 402(d), 
or (ii) by utilizing the unit's average annual fuel consumption at 
a 60 percent capacity factor. Such election shall be made no 
later than March 1,1991. 
"(2) ALLOWANCE ALLOCATION.—Whenever a unit referred to in 
paragraph (1) elects to calculate its baseline as provided in 
clause (ii) of paragraph (1), the Administrator shall allocate 
allowances for the unit pursuant to section 403(a)(1), this sec-
tion, and section 405 (as basic Phase II allowance allocations) in 
an amount equal to the beiseline selected multiplied by the 
lower of the average annual emission rate for such unit in 1989, 
or 1.0 Ibs./mmBtu. Such allowance allocation shall be in lieu of 
any allocation of allowances under this section and section 405. 
"SEC. 405. PHASE II SULFUR DIOXIDE REQUIREMENTS. 
42 USC 7651d. 
"(a) APPUCABILITY.—(1) After January 1, 2000, each existing util-
ity unit as provided below is subject to the limitations or require-
ments of this section. Each utility unit subject to an annual sulfur 
dioxide tonnage emission limitation under this section is an affected 
unit under this title. Each source that includes one or more affected 
units is an affected source. In the case of an existing unit that was 
not in operation during calendar year 1985, the emission rate for a 
calendar year after 1985, as determined by the Administrator, shall 
be used in lieu of the 1985 rate. The owner or operator of any unit 
operated in violation of this section shall be fully liable under this 
Act for fulfilling the obligations specified in section 411 of this title. 
"(2) In addition to basic Phase II allowance allocations, in each 
year beginning in calendar year 2000 and ending in calendar year 
2009, inclusive, the Administrator shall allocate up to 530,000 Phase 
II bonus allowances pursuant to subsections (b)(2), (c)(4), (d)(3)(A) and 
(B), and (h)(2) of this section and section 406. Not later than June 1, 
1998, the Administrator shall calculate, for each unit granted an 
extension pursuant to section 409 the difference between (A) the 
number of allowances allocated for the unit in calendar year 2000, 
and (B) the product of the unit's baseline multiplied by 1.20 lbs/ 
mmBtu, divided by 2000, and sum the computations. In each year, 
beginning in calendar year 2000 and ending in calendar year 2009, 
inclusive, the Administrator shall deduct from each unit's basic 
Phase II allowance allocation its pro rata share of 10 percent of the 
sum calculated pursuant to the preceding sentence. 
"(3) In addition to basic Phase II allowance allocations and Phase State listing. 
II bonus allowance allocations, beginning January 1, 2000, the 
Administrator shall allocate for each unit listed on Table A in 
section 404 (other than units at Kyger Creek, Clifty Creek, and 
Joppa Steam) and located in the States of Illinois, Indiana, Ohio, 
Georgia, Alabama, Missouri, Pennsylvania, West Virginia, Ken-
39-194 O - 91 - 10 : QL 3 Part 4 
104 STAT. 2606 
PUBLIC LAW 101-549—NOV. 15, 1990 
tucky, or Tennessee allowances in an amount equal to 50,000 multi-
plied by the unit's pro rata share of the total number of basic 
allowances allocated for all units listed on Table A (other than units 
at Kyger Creek, Clifty Creek, and Joppa Steam). Allowances allo-
cated pursuant to this paragraph shall not be subject to the 
8,900,000 ton limitation in section 403(a). 
"0)) UNITS EQUAL TO, OR ABOVE, 75 M W E AND 1.20 
LBS/MMBTU.— 
(1) Except as otherwise provided in paragraph (3), after January 1, 
2000, it shall be unlawful for any existing utility unit that serves a 
generator with nameplate capacity equal to, or greater, than 75 
MWe and an actual 1985 emission rate equal to or greater than 1.20 
Ibs/mmBtu to exceed an annual sulfur dioxide tonneige emission 
limitation equal to the product of the unit's baseline multiplied by 
an emission rate equal to 1.20 Ibs/mmBtu, divided by 2,000, unless 
the owner or operator of such unit holds allowances to emit not less 
than the unit's total annual emissions. 
"(2) In addition to allowances allocated pursuant to paragraph (1) 
and section 403(a)(1) £is basic Phase II allowance allocations, begin-
ning January 1, 2000, £ind for each calendar year thereafter until 
and including 2009, the Administrator shall allocate annually for 
each unit subject to the emissions limitation requirements of para-
graph (1) with an actual 1985 emissions rate greater than 1.20 
Ibs/mmBtu and less than 2.50 Ibs/mmBtu and a baseline capacity 
factor of less than 60 percent, allowances from the reserve created 
pursuant to subsection (aX2) in an amount equal to 1.20 Ibs/mmBtu 
multiplied by 50 percent of the difference, on a Btu basis, between 
the unit's baseline and the unit's fuel consumption at a 60 percent 
capacity factor. 
"(3) After January 1, 2000, it shall be unlawful for any existing 
utility unit with an actual 1985 emissions rate equal to or greater 
than 1.20 Ibs/mmBtu whose annual average fuel consumption 
during 1985, 1986, and 1987 on a Btu basis exceeded 90 percent in 
the form of lignite coal which is located in a State in which, as of 
July 1, 1989, no county or portion of a county was designated 
nonattainment under section 107 of this Act for any pollutant 
subject to the requirements of section 109 of this Act to exceed an 
annual sulfur dioxide tonnage limitation equal to the product of the 
unit's baseline multiplied by the lesser of the unit's actual 1985 
emissions rate or its allowable 1985 emissions rate, divided by 2,000, 
unless the owner or operator of such unit holds allowances to emit 
not less than the unit's total annued emissions. 
"(4) After January 1, 2000, the Administrator shall allocate 
annually for each unit, subject to the emissions limitation require-
ments of paragraph (1), which is located in a State with an installed 
electrical generating capacity of more than 30,000,000 kw in 1988 
and for which w£is issued a prohibition order or a proposed prohibi-
tion order (from burning oil), which unit subsequently converted to 
coal between January 1, 1980 and December 31, 1985, allowances 
equal to the difference between (A) the product of the unit's annual 
fuel consumption, on a Btu basis, at a 65 percent capacity factor 
multiplied by the lesser of its actual or allowable emissions rate 
during the first full calendar year after conversion, divided by 2,000, 
and (B) the number of allowances allocated for the unit pursuant to 
paragraph (1): Provided, That the number of allowances allocated 
pursuant to this paragraph shall not exceed an annual total of five 
thousand. If necessary to meeting the restriction imposed in the 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2607 
preceding sentence the Administrator shall reduce, pro rata, the 
annual allowances allocated for each unit under this paragraph. 
"(c) COAL OR OIL-FIRED UNITS BELOW 75 M W E AND ABOVE 
1.20 
LBS/MMBTU.—(1) Except as otherwise provided in paragraph (3), 
after January 1, 2000, it shall be unlawful for a coal or oil-fired 
existing utility unit that serves a generator with nameplate capacity 
of less than 75 MWe and an actual 1985 emission rate equal to, or 
greater than, 1.20 Ibs/mmBtu and which is a unit owned by a utility 
operating company whose aggregate nameplate fossil fuel steam-
electric capacity is, as of December 31, 1989, equal to, or greater 
than, 250 MWe to exceed an annual sulfur dioxide emissions limita-
tion equal to the product of the unit's baseline multiplied by an 
emission rate equal to 1.20 Ibs/mmBtu, divided by 2,000, unless the 
owner or operator of such unit holds allowances to emit not less 
than the unit's total annual emissions. 
"(2) After January 1, 2000, it shall be unlawful for a coal or oil-
fired existing utility unit that serves a generator with nameplate 
capacity of less than 75 MWe and an actual 1985 emission rate equal 
to, or greater than, 1.20 Ibs/mmBtu (excluding units subject to 
section 111 of the Act or to a federally enforceable emissions limita-
tion for sulfur dioxide equivalent to an annual rate of less than 1.20 
Ibs/mmBtu) and which is a unit owned by a utility operating 
company whose aggregate nameplate fossil fuel steam-electric 
capacity is, as of December 31, 1989, less than 250 MWe, to exceed 
an annual sulfur dioxide tonnage emissions limitation equal to the 
product of the unit's baseline multiplied by the lesser of its actual 
1985 emissions rate or its allowable 1985 emissions rate, divided by 
2,000, unless the owner or operator of such unit holds allowances to 
emit not less than the unit's total annual emissions. 
"(3) After January 1, 2000, it shall be unlawful for any existing 
utility unit with a nameplate capacity below 75 MWe and an actual 
1985 emissions rate equal to, or greater than, 1.20 Ibs/mmBtu which 
became operational on or before December 31, 1965, which is owned 
by a utility operating company with, as of December 31,1989, a total 
fossil fuel steam-electric generating capacity greater than 250 MWe, 
and less than 450 MWe which serves fewer than 78,000 electrical 
customers as of the date of enactment of the Clean Air Act Amend-
ments of 1990 to exceed an annual sulfur dioxide emissions tonnage 
limitation equal to the product of its baseline multiplied by the 
lesser of its actual or allowable 1985 emission rate, divided by 2,000, 
unless the owner or operator holds allowances to emit not less than 
the units total annual emissions. After January 1, 2010, it shall be 
unlawful for each unit subject to the emissions limitation require-
ments of this paragraph to exceed an annual emissions tonnage 
limitation equal to the product of its baseline multiplied by an 
emissions rate of 1.20 Ibs/mmBtu, divided by 2,000, unless the owner 
or operator holds allowances to emit not less than the unit's total 
annual emissions. 
"(4) In addition to allowances allocated pursuant to paragraph (1) 
and section 403(a)(1) as basic Phase II allowance allocations, begin-
ning January 1, 2000, and for each calendar year thereafter until 
and including 2009, inclusive, the Administrator shall allocate 
annually for each unit subject to the emissions limitation require-
ments of paragraph (1) with an actual 1985 emissions rate equal to, 
or greater than, 1.20 Ibs/mmBtu and less than 2.50 Ibs/mmBtu and 
a baseline capacity factor of less than 60 percent, allowances from 
the reserve created pursuant to subsection (a)(2) in an amount equal 
104 STAT. 2608 
PUBLIC LAW 101-549—NOV. 15, 1990 
to 1.20 Ibs/mmBtu multiplied by 50 percent of the difference, on a 
Btu basis, between the unit's baseline and the unit's fuel consump-
tion at a 60 percent capacity factor. 
"(5) After January 1, 2000, it shall be unlawful for any existing 
utility unit with a nameplate capacity below 75 MWe and an actual 
1985 emissions rate equal to, or greater than, 1.20 Ibs/mmBtu which 
is part of an electric utility system which, as of the date of the 
enactment of the Clean Air Act Amendments of 1990, (A) has at 
least 20 percent of its fossil-fuel capacity controlled by flue gas 
desulfurization devices, (B) has more than 10 percent of its fossil-fuel 
capacity consisting of coal-fired units of less than 75 MWe, and (C) 
has large units (greater than 400 MWe) all of which have difficult or 
very difficult FGD Retrofit Cost Factors (according to the Emissions 
and the FGD Retrofit Feasibility at the 200 Top Emitting Generat-
ing Stations, prepared for the United States Environmental Protec-
tion Agency on January 10,1986) to exceed an einnual sulfur dioxide 
emissions tonnage limitation equal to the product of its baseline 
multiplied by an emissions rate of 2.5 Ibs/mmBtu, divided by 2,000, 
unless the owner or operator holds allowances to emit not less than 
the unit's total annual emissions. After January 1, 2010, it shall be 
unlawful for each unit subject to the emissions limitation require-
ments of this paragraph to exceed an annual emissions tonnage 
limitation equal to the product of its baseline multiplied by an 
emissions rate of 1.20 Ibs/mmBtu, divided by 2,000, unless the owner 
or operator holds for use allowances to emit not less than the unit's 
total annueil emissions. 
"(d) COAL-FIRED UNITS BELOW 1.20 LBS/MMBTU.—(1) After January 
1, 2000, it shall be unlawful for any existing coal-fired utility unit 
the lesser of whose actual or allowable 1985 sulfur dioxide emissions 
rate is less thsin 0.60 Ibs/mmBtu to exceed an annual sulfur dioxide 
tonnage emission limitation equal to the product of the unit's 
baseline multiplied by (A) the lesser of 0.60 Ibs/mmBtu or the unit's 
allowable 1985 emissions rate, and (B) a numerical factor of 120 
percent, divided by 2,000, unless the owner or operator of such unit 
holds allowances to emit not less than the unit's total annual 
emissions. 
"(2) After January 1, 2000, it shall be unlawful for any existing 
coal-fired utility unit the lesser of whose actual or allowable 1985 
sulfur dioxide emissions rate is equal to, or greater than, 0.60 lbs/ 
mmBtu £uid less than 1.20 Ibs/mmBtu to exceed an annual sulfur 
dioxide tonnage emissions limitation equal to the product of the 
unit's baseline multiplied by (A) the lesser of its actucd 1985 emis-
sions rate or its allowable 1985 emissions rate, and (B) a numerical 
factor of 120 percent, divided by 2,000, unless the owner or operator 
of such unit holds allowances to emit not less than the unit's total 
annual emissions. 
"(3XA) In addition to allowances allocated pursuant to paragraph 
(1) and section 403(aXl) as basic Phase II allowance allocations, at 
the election of the designated representative of the operating com-
pany, beginning January 1, 2000, and for each calendar year there-
after until and including 2009, the Administrator shall allocate 
annually for each unit subject to the emissions limitation require-
ments of paragraph (1) allowances from the reserve created pursu-
ant to subsection (aX2) in an amount equal to the amount by which 
(i) the product of the lesser of 0.60 Ibs/mmBtu or the unit's allow-
able 1985 emissions rate multiplied by the unit's baseline adjusted to 
reflect operation at a 60 percent capacity factor, divided by 2,000, 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2609 
exceeds (ii) the number of allowances allocated for the unit pursuant 
to paragraph (1) and section 403(aXl) as basic Phase II allowance 
allocations. 
"(B) In addition to allowances allocated pursuant to paragraph (2) 
and section 403(aXl) as basic Phase II allowance allocations, at the 
election of the designated representative of the operating company, 
beginning January 1, 2000, and for each calendar year thereafter 
until and including 2009, the Administrator shall allocate annually 
for each unit subject to the emissions limitation requirements of 
paragraph (2) allowances from the reserve created pursuant to 
subsection (a)(2) in an amount equal to the amount by which (i) the 
product of the lesser of the unit s actual 1985 emissions rate or its 
allowable 1985 emissions rate multiplied by the unit's baseline 
adjusted to reflect operation at a 60 percent capacity factor, divided 
by 2,000, exceeds (ii) the number of allowances allocated for the unit 
pursuant to paragraph (2) and section 403(a)(1) £is basic Phsise II 
allowance allocations. 
"(C) An operating company with units subject to the emissions 
limitation requirements of this subsection may elect the allocation 
of allowances as provided under subparagraphs (A) and (B). Such 
election shall apply to the annual allowance allocation for each and 
every unit in the operating company subject to the emissions limita-
tion requirements of this subsection. The Administrator shall allo-
cate allowances pursuant to subparagraphs (A) and (B) only in 
accordance with this subparagraph. 
"(4) Notwithstanding any other provision of this section, at the 
election of the owner or operator, after January 1, 2000, the 
Administrator shall allocate in lieu of allocation, pursuant to para-
graph (1), (2), (3), (5), or (6), allowances for a unit subject to the 
emissions limitation requirements of this subsection which com-
menced commercial operation on or after January 1, 1981 and 
before December 31, 1985, which was subject to, and in compliance 
with, section 111 of the Act in an amount equal to the unit's annual 
fuel consumption, on a Btu basis, at a 65 percent capacity factor 
multiplied by the unit's allowable 1985 emissions rate, divided by 
2,000. 
"(5) For the purposes of this section, in the case of an oil- and 
gas-fired unit which has been awarded a clean coal technology 
demonstration grant as of January 1, 1991, by the United States 
Department of Energy, beginning Jsmuary 1, 2000, the Adminis-
trator shall allocate for the unit allowances in an amount equal to 
the unit's baseline multiplied by 1.20 Ibs/mmBtu, divided by 2,000. 
"(e) OIL AND GAS-FIRED UNITS EQUAL TO OR GREATER THAN 0.60 
LBS/MMBTU AND LESS THAN 1.20 LBS/MMBTU.—After January 1, 
2000, it shall be unlawful for any existing oil and gas-fired utility 
unit the lesser of whose actual or allowable 1985 sulfur dioxide 
emission rate is equal to, or greater than, 0.60 lbs/mmBtu, but less 
than 1.20 lbs/mmBtu to exceed an annual sulfur dioxide tonnage 
limitation equal to the product of the unit's baseline multiplied by 
(A) the lesser of the unit s allowable 1985 emissions rate or its actual 
1985 emissions rate and (B) a numerical factor of 120 percent divided 
by 2,000, unless the owner or operator of such unit holds allowances 
to emit not less than the unit's total annual emissions. 
"(f) OIL AND GAS-FIRED UNITS LESS THAN 0.60 
LBS/MMBTU.—(1) 
After January 1, 2000, it shsdl be unlawful for any oil and gas-fired 
existing utility unit the lesser of whose actual or allowable 1985 
emission rate is less than 0.60 lbs/mmBtu and whose average 
104 STAT. 2610 
PUBLIC LAW 101-549—NOV. 15, 1990 
annual fuel consumption during the period 1980 through 1989 on a 
Btu basis was 90 percent or less in the form of natural gas to exceed 
an annual sulfur dioxide tonnage emissions limitation equal to the 
product of the unit's baseline multiplied by (A) the lesser of 0.60 
Ibs/mmBtu or the unit's allowable 1985 emissions, and (B) a numeri-
cal factor of 120 percent, divided by 2,000, unless the owner or 
operator of such unit holds allowances to emit not less than the 
unit's total annual emissions. 
"(2) In addition to allowances allocated pursuant to paragraph (1) 
as basic Phase II allowance allocations and section 403(a)(1), begin-
ning January 1, 2000, the Administrator shall, in the case of any 
unit operated by a utility that furnishes electricity, electric energy, 
steam, and natural gsis within an area consisting of a city and 1 
contiguous county, and in the case of any unit owned by a State 
authority, the output of which unit is furnished within that same 
area consisting of a city and 1 contiguous county, the Administrator 
shall allocate for each unit in the utility its pro rata share of 7,000 
allowances and for each unit in the State authority its pro rata 
share of 2,000 allowances. 
"(g) 
UNITS THAT COMMENCE OPERATION BETWEEN 
1986 
AND 
DECEMBER 31, 1995.—(1) After January 1, 2000, it shall be unlawful 
for any utility unit that has commenced commercial operation on or 
after January 1, 1986, but not later than September 30, 1990 to 
exceed an annual tonnage emission limitation equal to the product 
of the unit's annual fuel consumption, on a Btu basis, at a 65 percent 
capacity factor multiplied by the unit's allowable 1985 sulfur dioxide 
emission rate (converted, if necessary, to pounds per mmBtu), 
divided by 2,000 unless the owner or operator of such unit holds 
allowances to emit not less than the unit's total annual emissions. 
"(2) After January 1, 2000, the Administrator shall allocate allow-
ances pursuant to section 403 to each unit which is listed in table B 
of this paragraph in an annual amount equal to the amount speci-
fied in table B. 
TABLE B 
Unit 
Allowances 
Brandon Shores 
8,907 
Miller 4 
9,197 
T N P 0 n e 2 
4,000 
Zimmer 1 
18,458 
Spruce 1 
7,647 
Clover 1 
2,796 
Clover 2 
2,796 
Twin Oak 2 
1,760 
Twin Oak 1 
9,158 
Cross 1 
6,401 
Malakoff 1 
1,759 
Notwithstanding any other pareigraph of this subsection, for units 
subject to this paragraph, the Administrator shall not allocate 
allowances pursuant to any other paragraph of this subsection. 
Provided that the owner or operator of a unit listed on Table B may 
elect an allocation of allowances under another paragraph of this 
subsection in lieu of an allocation under this paragraph. 
"(3) Beginning January 1, 2000, the Administrator shall allocate 
to the owner or operator of any utility unit that commences 
commercisil operation, or has commenced commercial operation, on 
or after October 1, 1990, but not later than December 31, 1992 
allowances in an amount equal to the product of the unit's annual 
fuel consumption, on a Btu basis, at a 65 percent capacity factor 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2611 
multiplied by the lesser of 0.30 Ibs/mmBtu or the unit's allowable 
sulfur dioxide emission rate (converted, if necessary, to pounds per 
mmBtu), divided by 2,000. 
"(4) Beginning January 1, 2000, the Administrator shall allocate 
to the owner or operator of any utility unit that has commenced 
construction before December 31, 1990 and that commences 
commercial operation between January 1, 1993 and December 31, 
1995, allowances in an amount equal to the product of the unit's 
annual fuel consumption, on a Btu basis, at a 65 percent capacity 
factor multiplied by the lesser of 0.30 Ibs/mmBtu or the unit's 
allowable sulfur dioxide emission rate (converted, if necessary, to 
pounds per mmBtu), divided by 2,000. 
"(5) After January 1, 2000, it shall be unlawful for any existing 
utility unit that has completed conversion from predominantly g£is 
fired existing operation to coal fired operation between January 1, 
1985 and December 31, 1987, for which there has been allocated a 
proposed or final prohibition order pursuant to section 301(b) of the 
Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8301 et 
seq, repealed 1987) to exceed an annual sulfur dioxide tonnage 
emissions limitation equal to the product of the unit's annual fuel 
consumption, on a Btu basis, at a 65 percent capacity factor multi-
plied by the lesser of 1.20 Ibs/mmBtu or the unit's allowable 1987 
sulfur dioxide emissions rate, divided by 2,000, unless the owner or 
operator of such unit has obtained allowances equal to its actual 
emissions. 
"(6XA) Unless the Administrator has approved a designation of 
such facility under section 410, the provisions of this title shall not 
apply to a 'qualifying small power production facility' or 'qualifying 
cogeneration facility' (within the meaning of section 3(17XC) or 
3(18XB) of the Federal Power Act) or to a 'new independent power 
production facility' as defined in section 416 except that clause (iii) 
of such definition in section 416 shall not apply for purposes of this 
paragraph if, as of the date of enactment, 
"(i) an applicable power sales agreement has been executed; 
"(ii) the facility is the subject of a State regulatory authority 
order requiring an electric utility to enter into a power sales 
agreement with, purchase capacity from, or (for purposes of 
establishing terms and conditions of the electric utility's pur-
chase of power) enter into arbitration concerning, the facility; 
"(iii) an electric utility has issued a letter of intent or similar 
instrument committing to purchase power from the facility at a 
previously offered or lower price and a power sales agreement is 
executed within a reasonable period of time; or 
"(iv) the facility has been selected as a winning bidder in a 
utility competitive bid solicitation. 
"(h) 
OIL AND GAS-FIRED UNITS LESS THAN 10 
PERCENT OIL 
CONSUMED.—(1) After January 1, 2000, it shall be unlawful for any 
oil- and gas-fired utility unit whose average annual fuel consump-
tion during the period 1980 through 1989 on a Btu basis exceeded 90 
percent in the form of natural gas to exceed an smnual sulfur 
dioxide tonnage limitation equal to the product of the unit's baseline 
inultiplied by the unit's actual 1985 emissions rate divided by 2,000 
unless the owner or operator of such unit holds allowances to emit 
not less than the unit's total annual emissions. 
"(2) In addition to allowances allocated pursuant to paragraph (1) 
and section 403(aXl) as basic Phase II allowance allocations, begin-
104 STAT. 2612 
PUBLIC LAW 101-549—NOV. 15, 1990 
ning January 1, 2000, and for each calendar year thereafter until 
and including 2009, the Administrator shall allocate annually for 
each unit subject to the emissions limitation requirements of para-
graph (1) allowances from the reserve created pursuant to subsec-
tion (a)(2) in an amount equal to the unit's baseline multiplied by 
0.050 Ibs/mmBtu, divided by 2,000. 
"(3) In addition to allowances allocated pursuant to paragraph (1) 
and section 403(a)(1), beginning January 1, 2010, the Administrator 
shall allocate annually for each unit subject to the emissions limita-
tion requirements of paragraph (1) allowances in an amount equal to 
the unit's baseline multiplied by 0.050 Ibs/mmBtu, divided by 2,000. 
"(i) UNITS IN HIGH GROWTH STATES.—(1) In addition to allowances 
allocated pursuant to this section and section 403(a)(1) as beisic 
Phase II allowance allocations, beginning January 1, 2000, the 
Administrator shall allocate annually allowances for each unit, 
subject to an emissions limitation requirement under this section, 
and located in a State that— 
"(A) has experienced a growth in population in excess of 25 
percent between 1980 and 1988 according to State Population 
and Household Estimates, With Age, Sex, and Components of 
Change: 1981-1988 allocated by the United States Department 
of Commerce, and 
"(B) had an installed electrical generating capacity of more 
than 30,000,000 kw in 1988, 
in an amount equal to the difference between (A) the number of 
allowances that would be allocated for the unit pursuant to the 
emissions limitation requirements of this section applicable to the 
unit adjusted to reflect the unit's annual average fuel consumption 
on a Btu basis of any three consecutive calendar years between 1980 
and 1989 (inclusive) as elected by the owner or operator and (B) the 
number of allowances allocated for the unit pursuant to the emis-
sions limitation requirements of this section: Provided, That the 
number of allowances allocated pursuant to this subsection shall not 
exceed an annual total of 40,000. If necessary to meeting the 40,000 
allowance restriction imposed under this subsection the Adminis-
trator shall reduce, pro rata, the additional annual allowances 
allocated to each unit under this subsection. 
"(2) Beginning January 1, 2000, in addition to allowances allocated 
pursuant to this section and section 403(a)(1) as basic Phase II 
allowance allocations, the Administrator shall allocate annually for 
each unit subject to the emissions limitation requirements of subsec-
tion (bXD, (A) the lesser of whose actual or allowable 1980 emissions 
rate has declined by 50 percent or more as of the date of enactment 
of the Clean Air Act Amendments of 1990, (B) whose actual emis-
sions rate is less than 1.2 Ibs/mmBtu as of January 1, 2000, (C) 
which commenced operation after January 1, 1970, (D) which is 
owned by a utility company whose combined commercial and indus-
trial kilowatt-hour sales have increased by more than 20 percent 
between calendar year 1980 and the date of enactment of the Clean 
Air Act Amendments of 1990, and (E) whose company-wide fossil-
fuel sulfur dioxide emissions rate has declined 40 per centum or 
more from 1980 to 1988, allowances in an amount equal to the 
difference between (i) the number of allowances that would be 
allocated for the unit pursuant to the emissions limitation require-
ments of subsection (b)(1) adjusted to reflect the unit's annual 
average fuel consumption on a Btu basis for any three consecutive 
years between 1980 and 1989 (inclusive) as elected by the owner or 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2613 
operator and (ii) the number of allowances allocated for the unit 
pursuant to the emissions limitation requirements of subsection 
(b)(1): Provided, That the number of allowances allocated pursuant 
to this paragraph shall not exceed an annuEil total of 5,000. If 
necessary to meeting the 5,000-allowance restriction imposed in the 
last clause of the preceding sentence the Administrator shall reduce, 
pro rata, the additional allowances allocated to each unit pursuant 
to this paragraph. 
"(j) CERTAIN MUNICIPALLY OWNED POWER PLANTS.—Beginning 
January 1, 2000, in addition to allowances allocated pursuant to this 
section £md section 403(a)(1) as basic Phase II allowance allocations, 
the Administrator shall allocate annually for each existing munici-
pally owned oil and gas-fired utility unit with nameplate capacity 
equal to, or less than, 40 MWe, the lesser of whose actual or 
allowable 1985 sulfur dioxide emission rate is less than 1.20 lbs/ 
mmBtu, allowances in an amount equal to the product of the unit's 
annual fuel consumption on a Btu basis at a 60 percent capacity 
factor multiplied by the lesser of its allowable 1985 emission rate or 
its actual 1985 emission rate, divided by 2,000. 
"SEC. 406. ALLOWANCES FOR STATES WITH EMISSIONS RATES AT OR 42 USC 7651e. 
BELOW 0.80 LBS/MMBTU. 
"(a) ELECTION OF GOVERNOR.—In addition to basic Phase II allow-
ance allocations, upon the election of the Oovernor of any State, 
with a 1985 state-wide annual sulfur dioxide emissions rate equal to 
or less than, 0.80 Ibs/mmBtu, averaged over all fossil fuel-fired 
utility steam generating units, beginning January 1, 2000, and for 
each calendar year thereafter until and including 2009, the 
Administrator shall allocate, in lieu of other Phase II bonus allow-
ance allocations, allowances from the reserve created pursuant to 
section 405(aX2) to all such units in the State in an amount equal to 
125,000 multiplied by the unit's pro rata share of electricity gen-
erated in calendar year 1985 at fossil fuel-fired utility steam units in 
all States eligible for the election. 
"(b) 
NOTIFICATION 
OF ADMINISTRATOR.—Pursuant 
to 
section 
403(a)(1), each Governor of a State eligible to make an election under 
paragraph (a) shall notify the Administrator of such election. In the 
event that the Governor of any such State fails to notify the 
Administrator of the Governor's elections, the Administrator shall 
allocate allowances pursuant to section 405. 
"(c) ALLOWANCES AFTER JANUARY 1, 2010.—After January 1, 2010, 
the Administrator shall allocate allowances to units subject to the 
provisions of this section pursuant to section 405. 
"SEC. 407. NITROGEN OXIDES EMISSION REDUCTION PROGRAM. 
42 USC 7651f. 
"(a) APPLICABIUTY.—On the date that a coal-fired utility unit 
becomes an affected unit pursuant to sections 404, 405, 409, or on the 
date a unit subject to the provisions of section 404(d) or 409(b), must 
meet the SO2 reduction requirements, each such unit shall become 
an affected unit for purposes of this section and shall be subject to 
the emission limitations for nitrogen oxides set forth herein. 
"(b) EMISSION LIMITATIONS.—(1) Not later than eighteen months Regulations. 
after enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall by regulation establish annual allowable emis-
sion limitations for nitrogen oxides for the types of utility boilers 
listed below, which limitations shall not exceed the rates listed 
below: Provided, That the Administrator may set a rate higher than 
104 STAT. 2614 
PUBLIC LAW 101-549—NOV. 15, 1990 
that listed for any type of utility boiler if the Administrator finds 
that the maximum listed rate for that boiler type cannot be 
achieved using low NO, burner technology. The maximum allowable 
emission rates are as follows: 
"(A) for tangentially fired boilers, 0.45 Ib/mmBtu; 
"(B) for dry bottom wall-fired boilers (other than units apply-
ing cell burner technology), 0.50 Ib/mmBtu. 
After January 1, 1995, it shall be unlawful for any unit that is an 
affected unit on that date and is of the tjrpe listed in this paragraph 
to emit nitrogen oxides in excess of the emission rates set by the 
Administrator pursuant to this paragraph. 
Regulations. 
"(2) Not later than January 1, 1997, the Administrator shall, by 
regulation, establish allowable emission limitations on a Ib/mmBtu, 
annual average basis, for nitrogen oxides for the following types of 
utility boilers: 
"(A) wet bottom wall-fired boilers; 
"(B) cyclones; 
"(C) units applying cell burner technology; 
"(D) all other types of utility boilers. 
The Administrator shall base such rates on the degree of reduction 
achievable through the retrofit application of the best system of 
continuous emission reduction, taking into account available tech-
nology, costs and energy and environmental impacts; and which is 
comparable to the costs of nitrogen oxides controls set pursuant to 
subsection (bXD- Not later than January 1, 1997, the Administrator 
may revise the applicable emission limitations for tangentially fired 
and dry bottom, wall-fired boilers (other than cell burners) to be 
more stringent if the Administrator determines that more effective 
low NOx burner technology is available: Provided, That, no unit that 
is an affected unit pursuant to section 404 and that is subject to the 
requirements of subsection (b)(1), shall be subject to the revised 
emission limitations, if any. 
"(c) REVISED PERFORMANCE STANDARDS.—(1) Not later than Janu-
ary 1, 1993, the Administrator shall propose revised standards of 
performance to section 111 for nitrogen oxides emissions from fossil-
fuel fired steam generating units, including both electric utility and 
nonutility units. Not later than January 1, 1994, the Administrator 
shall promulgate such revised standards of performance. Such 
revised standards of performance shall reflect improvements in 
methods for the reduction of emissions of oxides of nitrogen. 
"(d) ALTERNATIVE EMISSION LIMITATIONS.—The permitting author-
ity shall, upon request of an owner or operator of a unit subject to 
this section, authorize an emission limitation less stringent than the 
applicable limitation established under subsection (b)(1) or (bX2) 
upon a determination that— 
"(1) a unit subject to subsection (bXl) cannot meet the 
applicable limitation using low NO^ burner technology; or 
(2) a unit subject to subsection (bX2) cannot meet the 
applicable rate using the technology on which the Adminis-
trator based the applicable emission limitation. 
Regulations. 
The permitting authority shall base such determination upon a 
showing satisfactory to the permitting authority, in accordance with 
regulations established by the Administrator not later than eight-
een months after enactment of the Clean Air Act Amendments of 
1990, that the owner or operator— 
"(1) has properly installed appropriate control equipment 
designed to meet the appUcable emission rate; 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2615 
"(2) has properly operated such equipment for a period of 
fifteen months (or such other period of time as the Adminis-
trator determines through the regulations), and provides operat-
ing and monitoring data for such period demonstrating that the 
unit cannot meet the applicable emission rate; and 
"(3) has specified an emission rate that such unit can meet on 
an annual average basis. 
The permitting authority shall issue an operating permit for the 
unit in question, in accordance with section 408 and part B of title 
III— 
"(i) that permits the unit during the demonstration period 
referred to in subparagraph (2) above, to emit at a rate in excess 
of the applicable emission rate; 
"(ii) at the conclusion of the demonstration period to revise 
the operating permit to reflect the alternative emission rate 
demonstrated in paragraphs (2) and (3) above. 
Units subject to subsection (b)(1) for which an alternative emission 
limitation is established shall not be required to install any addi-
tional control technology beyond low NOx burners. Nothing in this 
section shall preclude an owner or operator from installing and 
operating an alternative NOx control technology capable of achiev-
ing the applicable emission limitation. If the owner or operator of a 
unit subject to the emissions limitation requirements of subsection 
(b)(1) demonstrates to the satisfaction of the Administrator that the 
technology necessary to meet such requirements is not in adequate 
supply to enable its installation and operation at the unit, consistent 
with system reliability, by January 1, 1995, then the Administrator 
shall extend the deadline for compliance for the unit by a period of 
15 months. Any owner or operator may petition the Administrator 
to make a determination under the previous sentence. The Adminis-
trator shall grant or deny such petition within 3 months of 
submittal. 
"(e) EMISSIONS AVERAGING.—In lieu of complying with the 
applicable emission limitations under subsection O
t
>
) (1), (2), or (d), 
the owner or operator of two or more units subject to one or more of 
the applicable emission limitations set pursuant to these sections, 
may petition the permitting authority for alternative contempora-
neous annual emission limitations for such units that ensure that (1) 
the actual annual emission rate in pounds of nitrogen oxides per 
million Btu averaged over the units in question is a rate that is less 
than or equal to (2) the Btu-weighted average annual emission rate 
for the same units if they had been operated, during the same period 
of time, in compliance with limitations set in accordance with the 
applicable emission rates set pursuant to subsections (h) (1) and (2). 
"If the permitting authority determines, in accordance with regu-
lations issued by the Administrator not later than eighteen months 
after enactment of the Clean Air Act Amendments of 1990; that the 
conditions in the paragraph above can be met, the permitting 
authority shall issue operating permits for such units, in accordance 
with section 408 and part B of title III, that allow alternative 
contemporaneous annual emission limitations. Such emission 
limitations shall only remain in effect while both units continue 
operation under the conditions specified in their respective operat-
ing permits. 
104 STAT. 2616 
PUBLIC LAW 101-549—NOV. 15, 1990 
42 use 7651g. 
"SEC. 408. PERMITS AND COMPLIANCE PLANS. 
"(a) PERMIT PROGRAM.—The provisions of this title shall be imple-
mented, subject to section 403, by permits issued to units subject to 
this title (and enforced) in accordance with the provisions of title V, 
as modified by this title. Any such permit issued by the Adminis-
trator, or by a State with an approved permit program, shall 
prohibit— 
"(1) annual emissions of sulfur dioxide in excess of the 
number of allowances to emit sulfur dioxide the owner or 
operator, or the designated representative of the owners or 
operators, of the unit hold for the unit, 
"(2) exceedances of applicable emissions rates, 
"(3) the use of any allowance prior to the year for which it 
was allocated, and 
"(4) contravention of any other provision of the permit. 
Permits issued to implement this title shall be issued for a period of 
5 years, notwithstanding title V. No permit shall be issued that is 
inconsistent with the requirements of this title, and title V as 
applicable. 
"(b) COMPLIANCE PLAN.—Each initial permit application shall be 
accompanied by a compliance plan for the source to comply with its 
requirements under this title. Where an affected source consists of 
more than one affected unit, such plan shall cover all such units, 
and for purposes of section 502(c), such source shall be considered a 
'facility'. Nothing in this section regarding compliance plans or in 
title V shall be construed as affecting allowances. Except as pro-
vided under subsection (c)(1)(B), submission of a statement by the 
owner or operator, or the designated representative of the owners 
and operators, of a unit subject to the emissions limitation require-
ments of sections 404, 405, and 407, that the unit will meet the 
applicable emissions limitation requirements of such sections in a 
timely manner or that, in the case of the emissions limitation 
requirements of sections 404 and 405, the owners and operators will 
hold allowances to emit not less than the total annual emissions of 
the unit, shall be deemed to meet the proposed and approved 
compliance planning requirements of this section and title V, except 
that, for any unit that will meet the requirements of this title by 
means of an alternative method of compliance authorized under 
section 404 (b), (c), (d), or (f) section 407 (d) or (e), section 409 and 
section 410, the proposed and approved compliance plan, permit 
application and permit shall include, pursuant to regulations 
promulgated by the Administrator, for each alternative method of 
compliance a comprehensive description of the schedule and means 
by which the unit will rely on one or more alternative methods of 
compliance in the manner and time authorized under this title. 
Recordation by the Administrator of transfers of allowances shall 
amend automatically all applicable proposed or approved permit 
applications, compliance plans and permits. The Administrator may 
also require— 
"(1) for a source, a demonstration of attainment of national 
ambient air quality standards, and 
"(2) from the owner or operator of two or more affected 
sources, an integrated compliance plan providing an overall 
plan for achieving compliance at the affected sources. 
"(c) FIRST PHASE PERMITS.—The Administrator shall issue permits 
to affected sources under sections 404 and 407. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2617 
"(1) PERMIT APPLICATION AND COMPUANCE PLAN.—(A) Not 
later than 27 months after the date of the enactment of the 
Clean Air Act Amendments of 1990, the designated representa-
tive of the owners or operators, or the owner and operator, of 
each affected source under sections 404 and 407 shall submit a 
permit application and compliance plan for that source in 
accordance with regulations issued by the Administrator under 
paragraph (3). The permit application and the compliance plan 
shall be binding on the owner or operator or the designated 
representative of owners and operators for purposes of this title 
and section 402(a), and shall be enforceable in lieu of a permit 
until a permit is issued by the Administrator for the source. • 
"(B) In the case of a compliance plan for an affected source 
under sections 404 and 407 for which the owner or operator 
proposes to meet the requirements of that section by reducing 
utilization of the unit as compared with its baseline or by 
shutting down the unit, the owner or operator shall include in 
the proposed compliance plan a specification of the unit or units 
that will provide electrical generation to compensate for the 
reduced output at the affected source, or a demonstration that 
such reduced utilization will be accomplished through energy 
conservation or improved unit efficiency. The unit to be used for 
such compensating generation, which is not otherwise an af-
fected unit under sections 404 and 407, shall be deemed an 
affected unit under section 404, subject to all of the require-
ments for such units under this title, except that allowances 
shall be allocated to such compensating unit in the amount of 
an annual limitation equal to the product of the unit's baseline 
multiplied by the lesser of the unit's actual 1985 emissions rate 
or its allowable 1985 emissions rate, divided by 2,000. 
"(2) EPA ACTION ON COMPLIANCE PLANS.—The Administrator 
shall review each proposed compliance plan to determine 
whether it satisfies the requirements of this title, and shall 
approve or disapprove such plan within 6 months after receipt 
of a complete submission. If a plan is disapproved, it may be 
resubmitted for approval with such changes as the Adminis-
trator shall require consistent with the requirements of this 
title and within such period as the Administrator prescribes as 
part of such disapproval. 
"(3) REGULATIONS; ISSUANCE OF PERMITS.—Not later than 18 
months after the date of the enactment of the Clean Air Act 
Amendments of 1990, the Administrator shall promulgate regu-
lations, in accordance with title V, to implement a Federal 
permit program to issue permits for affected sources under this 
title. Following promulgation, the Administrator shall issue a 
permit to implement the requirements of section 404 and the 
allowances provided under section 403 to the owner or operator 
of each affected source under section 404. Such a permit shall 
supersede any permit application and compliance plan submit-
ted under paragraph (1). 
"(4) FEES.—During the years 1995 through 1999 inclusive, no 
fee shall be required to be paid under section 5020t))(3) or under 
section 110(a)(2)(L) with respect to emissions from any unit 
which is an affected unit under section 404. 
"(d) SECOND PHASE PERMITS.—(1) To provide for permits for (A) 
new electric utility steam generating units required under section 
403(e) to have allowances, (B) affected units or sources under section 
104 STAT. 2618 
PUBLIC LAW 101-549—NOV. 15, 1990 
405, and (C) existing units subject to nitrogen oxide emission reduc-
tions under section 407, each State in which one or more such units 
or sources are located shall submit in accordance with title V, a 
permit program for approval as provided by that title. Upon ap-
proval of such program, for the units or sources subject to such 
approved program the Administrator shall suspend the issuance of 
permits as provided in title V. 
"(2) The owner or operator or the designated representative of 
each affected source under section 405 shall submit a permit ap-
plication and compliance plan for that source to the permitting 
authority, not later than January 1,1996. 
"(3) Not later than December 31, 1997, each State with an 
approved permit program shall issue permits to the owner or opera-
tor, or the designated representative of the owners and operators, of 
affected sources under section 405 that satisfy the requirements of 
title V and this title and that submitted to such State a permit 
application and compliance plan pursuant to paragraph (2). In the 
case of a State without an approved permit program by July 1,1996, 
the Administrator shall, not later than January 1, 1998, issue a 
permit to the owner or operator or the designated representative of 
each such affected source. In the case of affected sources for which 
applications and plans are timely received under paragraph (2), the 
permit application and the compliance plan, including amendments 
thereto, shall be binding on the owner or operator or the designated 
representative of the owners or operators and shall be enforceable 
as a permit for purposes of this title and title V until a permit is 
issued by the permitting authority for the affected source. The 
provisions of section 558(c) of title V of the United States Code 
(relating to renewals) shall apply to permits issued by a permitting 
authority under this title and title V. 
"(4) Tha permit issued in accordance with this subsection for an 
affected source shall provide that the affected units at the affected 
source may not emit an annual tonnage of sulfur dioxide in excess of 
the number of allowances to emit sulfur dioxide the owner or 
operator or designated representative hold for the unit. 
"(e) NEW UNITS.—The owner or operator of each source that 
includes a new electric utility steam generating unit shall submit a 
permit application and compliance plan to the permitting authority 
not later than 24 months before the later of (1) January 1, 2000, or 
(2) the date on which the unit commences operation. The permitting 
authority shall issue a permit to the owner or operator, or the 
designated representative thereof, of the unit that satisfies the 
requirements of title V and this title. 
"(f) UNITS SUBJECT TO CERTAIN OTHER LIMITS.—The owner or 
operator, or designated representative thereof, of any unit subject to 
an emission rate requirement under section 407 shall submit a 
permit application and compliance plan for such unit to the permit-
ting authority, not later than January 1, 1998. The permitting 
authority shall issue a permit to the owner or operator that satisfies 
the requirements of title V and this title, including any appropriate 
monitoring and reporting requirements. 
"(g) AMENDMENT OF APPLICATION AND COMPLIANCE PLAN.—At any 
time after the submission of an application and compliance plan 
under this section, the applicant may submit a revised application 
and compliance plan, in accordance with the requirements of this 
section. In considering any permit application and compliance plan 
under this title, the permitting authority shall ensure coordination 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2619 
with the applicable electric ratemaking authority, in the case of 
regulated utilities, and with unregulated public utilities. 
"(h) PROHIBITION.—(1) It shall be unlawful for an owner or opera-
tor, or designated representative, required to submit a permit ap-
plication or compliance plan under this title to fail to submit such 
application or plan in accordance with the deadlines specified in this 
section or to otherwise fail to comply with regulations implementing 
this section. 
"(2) It shall be unlawful for any person to operate any source 
subject to this title except in compliance with the terms and require-
ments of a permit application and compliance plan (including 
amendments thereto) or permit issued by the Administrator or a 
State with an approved permit program. For purposes of this subsec-
tion, compliance, as provided in section 504(^, with a permit issued 
under title V which complies with this title for sources subject to 
this title shall be deemed compliance with this subsection as well as 
section 502(a). 
"(3) In order to ensure reliability of electric power, nothing in this 
title or title V shall be construed as requiring termination of 
operations of an electric utility steam generating unit for failure to 
have an approved permit or compliance plan, except that any such 
unit may be subject to the applicable enforcement provisions of 
section 113. 
"(i) MULTIPLE OWNERS.—No permit shall be issued under this 
section to an affected unit until the designated representative of the 
owners or operators has filed a certificate of representation with 
regard to matters under this title, including the holding and dis-
tribution of allowances and the proceeds of transactions involving 
allowances. Where there are multiple holders of a legal or equitable 
title to, or a leasehold interest in, such a unit, or where a utility or 
industrial customer purchases power from an affected unit (or units) 
under life-of-the-unit, firm power contractual arrangements, the 
certificate shall state (1) that allowances and the proceeds of trans-
actions involving allowances will be deemed to be held or distributed 
in proportion to each holder's legal, equitable, leasehold, or contrac-
tual reservation or entitlement, or (2) if such multiple holders have 
expressly provided for a different distribution of allowances by 
contract, that allowances and the proceeds of transactions involving 
allowances will be deemed to be held or distributed in accordance 
with the contract. A passive lessor, or a person who has an equitable 
interest through such lessor, whose rental payments are not based, 
either directly or indirectly, upon the revenues or income from the 
affected unit shall not be deemed to be a holder of a legal, equitable, 
leasehold, or contractual interest for the purpose of holding or 
distributing allowances as provided in this subsection, during either 
the term of such legisehold or thereafter, unless expressly provided 
for in the leasehold agreement. Except as otherwise provided in this 
subsection, where all legal or equitable title to or interest in an 
affected unit is held by a single person, the certification shall state 
that all allowances received by the unit are deemed to be held for 
that person. 
"SEC. 409. REPOWERED SOURCES. 
42 USC 7651h. 
"(a) AVAILABILITY.—Not later than December 31, 1997, the owner 
or operator of an existing unit subject to the emissions limitation 
requirements of section 405 (b) and (c) may demonstrate to the 
permitting authority that one or more units will be repowered with 
104 STAT. 2620 
PUBLIC LAW 101-549—NOV. 15, 1990 
a qualifying clean coal technology to comply with the requirements 
under section 405. The owner or operator shall, as part of any such 
demonstration, provide, not later than January 1, 2000, satisfactory 
documentation of a preliminary design and engineering effort for 
such repowering and an executed and binding contract for the 
majority of the equipment to repower such unit and such other 
information as the Administrator may require by regulation. The 
replacement of an existing utility unit with a new utility unit using 
a repowering technology referred to in section 402(2) which is 
located at a different site, shall be treated as repowering of the 
existing unit for purposes of this title, if— 
"(1) the replacement unit is designated by the owner or 
operator to replace such existing unit, and 
"(2) the existing unit is retired from service on or before the 
date on which the designated replacement unit enters commer-
cial operation. 
"(b) EXTENSION.—(1) An owner or operator satisfying the require-
ments of subsection (a) shall be granted an extension of the emission 
limitation requirement compliance date for that unit from January 
1, 2000, to December 31, 2003. The extension shall be specified in the 
permit issued to the source under section 408, together with any 
compliance schedule and other requirements necessary to meet 
second phase requirements by the extended date. Any unit that is 
granted an extension under this section shall not be eligible for a 
waiver under section 1110*) of this Act, and shall continue to be 
subject to requirements under this title as if it were a unit subject to 
section 405. 
"(2) If (A) the owner or operator of an existing unit has been 
granted an extension under paragraph (1) in order to repower such 
unit with a clean coal unit, and (B) such owner or operator dem-
onstrates to the satisfaction of the Administrator that 
the 
repowering technology to be utilized by such unit has been properly 
constructed and tested on such unit, but nevertheless has been 
unable to achieve the emission reduction limitations and is economi-
cally or technologically infeasible, such existing unit may be retro-
fitted or repowered with equipment or facilities utilizing another 
clean coal technology or other available control technology^-^ 
"(c) ALLOWANCES.—(1) For the period of the extension under this 
section, the Administrator shall allocate to the owner or operator of 
the affected unit, annual allowances for sulfur dioxide equal to the 
affected unit's baseline multiplied by the lesser of the unit's feder-
ally approved State Implementation Plan emissions limitation or its 
actual emission rate for 1995 in lieu of any other allocation. Such 
allowances may not be transferred or used by any other source to 
meet emission requirements under this title. The source owner or 
operator shall notify the Administrator sixty days in advance of the 
date on which the affected unit for which the extension has been 
granted is to be removed from operation to install the repowering 
technology. 
"(2) Effective on that date, the unit shall be subject to the require-
ments of section 405. Allowances for the year in which the unit is 
removed from operation to install the repowering technology shall 
be calculated as the product of the unit's baseline multiplied by 1.20 
Ibs/mmBtu, divided by 2,000, and prorated accordingly, and are 
transferable. 
"(3) Allowances for such existing utility units for calendar years 
after the year the repowering is complete shall be calculated as 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2621 
the product of the existing unit's baseline multiplied by 1.20 lbs/ 
mmBtu, divided by 2,000. 
"(4) Notwithstanding the provisions of section 403 (a) and (e), 
allowances shall be allocated under this section for a designated 
replacement unit which replaces an existing unit (as provided in the 
last sentence of subsection (a)) in lieu of any further allocations of 
allowances for the existing unit. 
"(5) For the purpose of meeting the aggregate emissions limitation 
requirement set forth in section 403(a)(1), the units with an exten-
sion under this subsection shall be treated in each calendar year 
during the extension period as holding allowances allocated under 
paragraph (3). 
"(d) CONTROL REQUIREMENTS.—Any unit qualifying for an exten-
sion under this section that does not increase actual hourly emis-
sions for any pollutant regulated under the Act shall not be subject 
to any standard of performance under section 111 of this Act. 
Notwithstanding the provisions of this subsection, no new unit (1) 
designated as a replacement for an existing unit, (2) qualifying for 
the extension under subsection (b), and (3) located at a different site 
than the existing unit shall receive an exemption from the require-
ments imposed under section 111. 
"(e) EXPEDITED PERMITTING.—State permitting authorities and, 
where applicable, the Administrator, are encouraged to give expe-
dited consideration to permit applications under parts C and D of 
title I of this Act for any source qualifying for an extension under 
this section. 
"(f) PROHIBITION.—It shall be unlawful for the owner or operator 
of a repowered source to fail to comply with the requirement of this 
section, or any regulations of permit requirements to implement 
this section, including the prohibition against emitting sulfur diox-
ide in excess of allowances held. 
"SEC. 410. ELECTION FOR ADDITIONAL SOURCES. 
42 USC 7651i. 
(a) APPLICABILITY.—The owner or operator of any unit that is not, 
nor will become, an affected unit under section 403(e), 404, or 405, or 
that is a process source under subsection (d), that emits sulfur 
dioxide, may elect to designate that unit or source to become an 
affected unit and to receive allowances under this title. An election 
shall be submitted to the Administrator for approval, along with a 
permit application and proposed compliance plan in accordance 
with section 408. The Administrator shall approve a designation 
that meets the requirements of this section, and such designated 
unit, or source, shall be allocated allowances, and be an affected unit 
for purposes of this title. 
"(b) ESTABLISHMENT OF BASELINE,—The baseline for a unit des- Regulations, 
ignated under this section shall be established by the Administrator 
by regulation, based on fuel consumption and operating data for the 
unit for calendar years 1985, 1986, and 1987, or if such data is not 
available, the Administrator may prescribe a baseline based on 
alternative representative data. 
"(c) EMISSION LIMITATIONS.—Annual emissions limitations for 
sulfur dioxide shall be equal to the product of the baseline multi-
plied by the lesser of the unit's 1985 actual or allowable emission 
rate in Ibs/mmBtu, or, if the unit did not operate in 1985, by the 
lesser of the unit's actual or allowable emission rate for a calendar 
year after 1985 (as determined by the Administrator), divided by 
2,000. 
104 STAT. 2622 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(d) PROCESS SOURCES.—Not later than 18 months after enactment 
of the Clean Air Act Amendments of 1990, the Administrator shall 
establish a program under which the owner or operator of a process 
source that emits sulfur dioxide may elect to designate that source 
as an affected unit for the purpose of receiving allowances under 
Regulations. 
this title. The Administrator shall, by regulation, define the sources 
that may be designated; specify the emissions limitation; specify the 
operating, emission baseline, and other data requirements; prescribe 
CEMS or other monitoring requirements; and promulgate permit, 
reporting, and any other requirements necessary to implement such 
a program. 
"(e) ALLOWANCES AND PERMITS.—The Administrator shall issue 
allowances to an affected unit under this section in an amount equal 
to the emissions limitation calculated under subsection (c) or (d), in 
accordance with section 403. Such allowance may be used in accord-
ance with, and shall be subject to, the provisions of section 403. 
Affected sources under this section shall be subject to the require-
ments of sections 403, 408, 411, 412, 413, and 414. 
"(f) LIMITATION.—Any unit designated under this section shall not 
transfer or bank allowances produced as a result of reduced utiliza-
tion or shutdown, except that, such allowances may be transferred 
or carried forward for use in subsequent years to the extent that the 
reduced utilization or shutdown results from the replacement of 
thermal energy from the unit designated under this section, with 
thermal energy generated by any other unit or units subject to the 
requirements of this title, and the designated unit's allowances are 
transferred or carried forward for use at such other replacement 
unit or units. In no case may the Administrator allocate to a source 
designated under this section allowances in an amount greater than 
the emissions resulting from operation of the source in full compli-
ance with the requirements of this Act. No such allowances shall 
authorize operation of a unit in violation of any other requirements 
of this Act. 
Regulations. 
"(g) IMPLEMENTATION.—The Administrator shall issue regulations 
to implement this section not later than eighteen months after 
enactment of the Clean Air Act Amendments of 1990. 
"(h) SMALL DIESEL REFINERIES.—The Administrator shall issue 
allowances to owners or operators of small diesel refineries who 
produce diesel fuel after October 1, 1993, meeting the requirements 
of subsection 21 l(i) of this Act. 
"(1) ALLOWANCE PERIOD.—Allowances may be allocated under 
this subsection only for the period from October 1,1993, through 
December 31,1999. 
"(2) ALLOWANCE DETERMINATION.—The number of allowances 
allocated pursuant to this paragraph shall equal the annual 
number of pounds of sulfur dioxide reduction attributable to 
desulfurization by a small refinery divided by 2,000. For the 
purposes of this calculation, the concentration of sulfur 
removed from diesel fuel shall be the difference between 0.274 
percent (by weight) and 0.050 percent (by weight). 
"(3) REFINERY EUGIBILITY.—As used in this subsection, the 
term 'small refinery' shall mean a refinery or portion of a 
refinery— 
"(A) which, as of the date of enactment of the Clean Air 
Act Amendments of 1990, has bona fide crude oil through-
put of less than 18,250,000 barrels per year, as reported to 
- 
the Department of Energy, and 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2623 
"(B) which, as of the date of enactment of the Clean Air 
Act Amendments of 1990, is owned or controlled by a 
refiner with a total combined bona fide crude oil through-
put of less than 50,187,500 barrels per year, as reported to 
the Department of Energy. 
"(4) LIMITATION PER REFINERY.—The maximum number of 
allowances that can be annually allocated to a small refinery 
pursuant to this subsection is one thousand and five hundred. 
"(5) LIMITATION ON TOTAL.—In any given year, the total 
number of allowances allocated pursuant to this subsection 
shall not exceed thirty-five thousand. 
"(6) REQUIRED CERTIFICATION.—The Administrator shall not 
allocate any allowances pursuant to this subsection unless the 
owner or operator of a small diesel refinery shall have certified, 
at a time and in a manner prescribed by the Administrator, 
that all motor diesel fuel produced by the refinery for which 
allowances are claimed, including motor diesel fuel for off-
highway use, shall have met the requirements of subsection 
211(i)ofthisAct. 
"SEC. 411. EXCESS EMISSIONS PENALTY. 
42 USC 7651j. 
"(a) EXCESS EMISSIONS PENALTY.—The owner or operator of any 
unit or process source subject to the requirements of sections 403, 
404, 405, 406, 407 or 409, or designated under section 410, that emits 
sulfur dioxide or nitrogen oxides for any calendar year in excess of 
the unit's emissions limitation requirement or, in the case of sulfur 
dioxide, of the allowances the owner or operator holds for use for the 
unit for that calendar year shall be liable for the payment of an 
excess emissions penalty, except where such emissions were 
authorized pursuant to section 110(f). That penalty shall be cal-
culated on the basis of the number of tons emitted in excess of the 
unit's emissions limitation requirement or, in the case of sulfur 
dioxide, of the allowances the operator holds for use for the unit for 
that year, multiplied by $2,000. Any such penalty shall be due and Regulations, 
payable without demand to the Administrator as provided in regula-
tions to be issued by the Administrator by no later than eighteen 
months after the date of enactment of the Clean Air Act Amend-
ments of 1990. Any such pajmient shall be deposited in the United 
States Treasury pursuant to the Miscellaneous Receipts Act. Any 
penalty due and payable under this section shall not diminish the 
liability of the unit's owner or operator for any fine, penalty or 
assessment against the unit for the same violation under any other 
section of this Act. 
"(b) EXCESS EMISSIONS OFFSET.—The owner or operator of any 
affected source that emits sulfur dioxide during any calendar year 
in excess of the unit's emissions limitation requirement or of the 
allowances held for the unit for the calendar year, shall be liable to 
offset the excess emissions by an equal tonnage amount in the 
following calendar year, or such longer period as the Administrator 
may prescribe. The owner or operator of the source shall, within 
sixty days after the end of the year in which the excess emissions 
occured, submit to the Administrator, and to the State in which the 
source is located, a proposed plan to achieve the required offsets. 
Upon approval of the proposed plan by the Administrator, as 
submitted, modified or conditioned, the plan shall be deemed at a 
condition of the operating permit for the unit without further 
review or revision of the permit. The Administrator shall also 
104 STAT. 2624 
PUBLIC LAW 101-549—NOV. 15, 1990 
deduct allowances equal to the excess tonnage from those allocated 
for the source for the calendar year, or succeeding years during 
which offsets are required, following the year in which the excess 
emissions occurred. 
Regulations. 
"(c) PENALTY ADJUSTMENT.—The Administrator shall, by regula-
tion, adjust the penalty specified in subsection (a) for inflation, based 
on the Consumer Price Index, on the date of enactment and 
annually thereafter. 
"(d) PROHIBITION.—It shall be unlawful for the owner or operator 
of any source liable for a penalty and offset under this section to fail 
(1) to pay the penalty under subsection (a), (2) to provide, and 
thereafter comply with, a compliance plan as required by subsection 
(b), or (3) to offset excess emissions as required by subsection (b). 
"(e) SAVINGS PROVISION.—Nothing in this title shall limit or other-
wise affect the application of section 113, 114, 120, or 304 except as 
otherwise explicitly provided in this title. 
42 use 7651k. 
"SEC. 412. MONITORING, REPORTING, AND RECORDKEEPING REQUIRE-
MENTS. 
"(a) APPLICABILITY.—The owner and operator of any source subject 
to this title shall be required to install and operate CEMS on each 
affected unit at the source, and to quality assure the data for sulfur 
dioxide, nitrogen oxides, opacity and volumetric flow at each such 
Regulations. 
unit. The Administrator shall, by regulations issued not later than 
eighteen months after enactment of the Clean Air Act Amendments 
of 1990, specify the requirements for CEMS, for any alternative 
monitoring system that is demonstrated as providing information 
with the same precision, reliability, accessibility, and timeliness as 
that provided by CEMS, and for recordkeeping and reporting of 
information from such systems. Such regulations may include 
limitations or the use of alternative compliance methods by units 
equipped with an alternative monitoring system as may be nec-
essary to preserve the orderly functioning of the allowance system, 
and which will ensure the emissions reductions contemplated by 
this title. Where 2 or more units utilize a single stack, a separate 
CEMS shall not be required for each unit, and for such units the 
regulations shall require that the owner or operator collect suffi-
cient information to permit reliable compliance determinations for 
each such unit. 
"(b) FIRST 
PHASE 
REQUIREMENTS.—Not later than thirty-six 
months after enactment of the Clean Air Act Amendments of 1990, 
the owner or operator of each affected unit under section 404, 
including, but not limited to, units that become affected units 
pursuant to subsections (b) and (c) and eligible units under subsec-
tion (d), shall install and operate CEMS, quality assure the data, and 
keep records and reports in accordance with the regulations issued 
under subsection (a). 
"(c) SECOND PHASE REQUIREMENTS.—Not later than January 1, 
1995, the owner or operator of each affected unit that has not 
previously met the requirements of subsections (a) and (b) shall 
install and operate CEMS, quality assure the data, and keep records 
and reports in accordance with the regulations issued under subsec-
tion (a). Upon commencement of commercial operation of each new 
utility unit, the unit shall comply with the requirements of subsec-
tion (a). 
Regulations. 
"(d) UNAVAILABILITY OF EMISSIONS DATA.—If CEMS data or data 
from an alternative monitoring system approved by the Adminis-
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2625 
trator under subsection (a) is not available for any affected unit 
during any period of a calendar year in which such data is required 
under this title, and the owner or operator cannot provide informa-
tion, satisfactory to the Administrator, on emissions during that 
period, the Administrator shall deem the unit to be operating in an 
uncontrolled manner during the entire period for which the data 
was not available and shall, by regulation which shall be issued not 
later than eighteen months after enactment of the Clean Air Act 
Amendments of 1990, prescribe means to calculate emissions for 
that period. The owner or operator shall be liable for excess emis-
sions fees and offsets under section 411 in accordance with such 
regulations. Any fee due and payable under this subsection shall not 
diminish the liability of the unit's owner or operator for any fine, 
penalty, fee or assessment against the unit for the same violation 
under any other section of this Act. 
"(e) PROHIBITION.—It shall be unlawful for the owner or operator 
of any source subject to this title to operate a source without 
complying with the requirements of this section, and any regula-
tions implementing this section. 
"SEC. 413. GENERAL COMPLIANCE WITH OTHER PROVISIONS. 
42 USC 7651/. 
"Except as expressly provided, compliance with the requirements 
of this title shall not exempt or exclude the owner or operator of any 
source subject to this title from compliance with any other ap-
plicable requirements of this Act. 
"SEC. 414. ENFORCEMENT. 
42 USC 7651m. 
"It shall be unlawful for any person subject to this title to violate 
any prohibition of, requirement of, or regulation promulgated 
pursuant to this title shall be a violation of this Act. In addition to 
the other requirements and prohibitions provided for in this title, 
the operation of any affected unit to emit sulfur dioxide in excess of 
allowances held for such unit shall be deemed a violation, with each 
ton emitted in excess of allowances held constituting a separate 
violation. 
"SEC. 415. CLEAN COAL TECHNOLOGY REGULATORY INCENTIVES. 
42 USC 7651n. 
"(a) DEFINITION.—For purposes of this section, 'clean coal tech-
nology' means any technology, including technologies applied at the 
precombustion, combustion, or post combustion stage, at a new or 
existing facility which will achieve significant reductions in air 
emissions of sulfur dioxide or oxides of nitrogen associated with the 
utilization of coal in the generation of electricity, process steam, or 
industrial products, which is not in widespread use as of the date of 
enactment of this title. 
"
O
t
>
) REVISED 
REGULATIONS 
FOR 
CLEAN 
COAL 
TECHNOLOGY 
DEMONSTRATIONS.— 
"(1) APPUCABILITY.—This subsection applies to physical or 
operational changes to existing facilities for the sole purpose of 
installation, operation, cessation, or removal of a temporary or 
permanent clean coal technology demonstration project. For the 
purposes of this section, a clean coal technology demonstration 
project shall mean a project using funds appropriated under the 
heading 'Department of Energy—Clean Coal Technology', up to 
a total amount of $2,500,000,000 for commercial demonstration 
of clean coal technology, or similar projects funded through 
appropriations for the Environmental Protection Agency. The 
104 STAT. 2626 
PUBLIC LAW 101-549—NOV. 15, 1990 
Federal contribution for a qualifying project shall be at least 20 
percent of the total cost of the demonstration project. 
"(2) TEMPORARY PROJECTS.—Installation, operation, cessation, 
or removal of a temporary clean coal technology demonstration 
project that is operated for a period of five years or less, and 
which complies with the State implementation plans for the 
State in which the project is located and other requirements 
necessary to attain and maintain the national ambient air 
quality standards during and after the project is terminated, 
shall not subject such facility to the requirements of section 111 
or part C or D of title I. 
"(3) PERMANENT PROJECTS.—For permanent clean coal tech-
nology demonstration projects that constitute repowering as 
defined in section 402(1) of this title, any qualifying project shall 
not be subject to standards of performance under section 111 or 
to the review and permitting requirements of part C for any 
pollutant the potential emissions of which will not increase as a 
result of the demonstration project. 
"(4) EPA REGULATIONS.—Not later than 12 months after the 
date of enactment, the Administrator shall promulgate regula-
tions or interpretive rulings to revise requirements under sec-
tion 111 and parts C and D, as appropriate, to facilitate projects 
consistent in this subsection. With respect to parts C and D, 
such regulations or rulings shall apply to all areas in which 
EPA is the permitting authority. In those instances in which 
the State is the permitting authority under part C or D, any 
State may adopt and submit to the Administrator for approval 
revisions to its implementation plan to apply the regulations or 
rulings promulgated under this subsection. 
"(c) EXEMPTION FOR REACTIVATION OF VERY CLEAN UNITS.—Phys-
ical changes or changes in the method of operation associated with 
the commencement of commercial operations by a coal-fired utility 
unit after a period of discontinued operation shall not subject the 
unit to the requirements of section 111 or part C of the Act where 
the unit (1) has not been in operation for the two-year period prior to 
the enactment of the Clean Air Act Amendments of 1990, and the 
emissions from such unit continue to be carried in the permitting 
authority's emissions inventory at the time of enactment, (2) was 
equipped prior to shut-down with a continuous system of emissions 
control that achieves a removal efficiency for sulfur dioxide of no 
less than 85 percent and a removal efficiency for particulates of no 
less than 98 percent, (3) is equipped with low-NO, burners prior to 
the time of commencement, and (4) is otherwise in compliance with 
the requirements of this Act. 
42 use 7651o. 
"SEC. 416. CONTINGENCY GUARANTEE; AUCTIONS, RESERVE. 
"(a) DEFINITIONS.—For purposes of this section— 
"(1) The term 'independent power producer' means any 
person who owns or operates, in whole or in part, one or more 
new independent power production facilities. 
"(2) The term 'new independent power production facility' 
means a facility that— 
"(A) is used for the generation of electric energy, 80 
percent or more of which is sold at wholesale; 
"(B) is nonrecourse project-financed (as such term is 
defined by the Secretary of Energy within 3 months of the 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2627 
date of the enactment of the Clean Air Act Amendments of 
1990); 
"(C) does not generate electric energy sold to any affiliate 
(as defined in section 2(a)(ll) of the Public Utility Holding 
Company Act of 1935) of the facility's owner or operator 
unless the owner or operator of the facility demonstrates 
that it cannot obtain allowances from the affiliate; and 
"(D) is a new unit required to hold allowances under this 
title. 
"(3) The term 'required allowances' means the allowances 
required to operate such unit for so much of the unit's useful 
life as occurs after January 1, 2000. 
"(b) SPECIAL RESERVE OF ALLOWANCES.—Within 36 months after Regulations, 
the date of the enactment of the Clean Air Act Amendments of 1990, 
the Administrator shall promulgate regulations establishing a Spe-
cial Allowance Reserve containing allowances to be sold under this 
section. For purposes of establishing the Special Allowance Reserve, 
the Administrator shall withhold— 
"(1) 2.8 percent of the allocation of allowances for each year 
from 1995 through 1999 inclusive; and 
"(2) 2.8 percent of the basic Phase II allowance allocation of 
allowances for each year beginning in the year 2000 
which would (but for this subsection) be issued for each affected unit 
at an affected source. The Administrator shall record such withhold- Records, 
ing for purposes of transferring the proceeds of the allowance sales 
under this subsection. The allowances so withheld shall be deposited 
in the Reserve under this section. 
"(c) DIRECT SALE AT $1,500 PER TON.— 
"(1) SUBACCOUNT FOR DIRECT SALES.—In accordance with regu-
lations under this section, the Administrator shall establish a 
Direct Sale Subaccount in the Special Allowance Reserve estab-
lished under this section. The Direct Sale Subaccount shall 
contain allowances in the amount of 50,000 tons per year for 
each year beginning in the year 2000. 
"(2) SALES.—Allowances in the subaccount shall be offered for 
direct sale to any person at the times and in the amounts 
specified in table 1 at a price of $1,500 per allowance, adjusted 
by the Consumer Price Index in the same manner as provided in 
paragraph (3). Requests to purchase allowances from the Direct 
Sale Subaccount established under paragraph (1) shall be ap-
proved in the order of receipt until no allowances remain in 
such subaccount, except that an opportunity to purchase such 
allowances shall be provided to the independent power produc-
ers referred to in this subsection before such allowances are 
offered to any other person. Each applicant shall be required to 
pay 50 percent of the total purchase price of the allowances 
within 6 months after the approval of the request to purchase. 
The remainder shall be paid on or before the transfer of the 
allowances. 
104 STAT. 2628 
PUBLIC LAW 101-549—NOV. 15, 1990 
"TABLE 1—NUMBER OF ALLOWANCES AVAILABLE FOR SALE AT $1,500 PER TON 
^^^^^^^ 
Advance 
Year of Sale 
(same 
year) 
Sale 
1993-1999 
25,000 
2000 and after 
25,000 
25,000 
Allowances sold in the spot sale in any year are allowances which may only be used in that 
year (unless banked for use in a later year). Allowances sold in the advance sale in any year are 
allowances which may only be used in the 7th year after the year in which they are first offered 
for sale (unless banked for use in a later year). 
"(3) ENTITLEMENT TO WRITTEN GUARANTEE.—Any independent 
power producer that submits an application to the Adminis-
trator establishing that such independent power producer— 
"(A) proposes to construct a new independent power 
production facility for which allowances are required under 
this title; 
"(B) will apply for financing to construct such facility 
after January 1, 1990, and before the date of the first 
auction under this section; 
"(C) has submitted to each owner or operator of an 
affected unit listed in table A (in section 404) a written offer 
to purchase the required allowances for $750 per ton; and 
"(D) has not received (within 180 days after submitting 
offers to purchase under subparagraph (C)) an acceptance of 
the offer to purchase the required allowances, 
shall, within 30 days after submission of such application, be 
entitled to receive the Administrator's written guarantee (sub-
ject to the eligibility requirements set forth in paragraph (4)) 
that such required allowances will be made available for pur-
chase from the Direct Sale Subaccount established under this 
subsection and at a guaranteed price. The guaranteed price at 
which such allowances shall be made available for purchase 
shall be $1,500 per ton, adjusted by the percentage, if any, by 
which the Consumer Price Index (as determined under section 
502(b)(3)(B)(v)) for the year in which the allowance is purchased 
exceeds the Consumer Price Index for the calendar year 1990. 
"(4) ELIGIBILITY REQUIREMENTS.—The guarantee issued by the 
Administrator under paragraph (3) shall be subject to a dem-
onstration by the independent power producer, satisfactory to 
the Administrator, that— 
"(A) the independent power producer has— 
"(i) made good faith efforts to purchase the required 
allowances from the owners or operators of affected 
units to which allowances will be allocated, including 
efforts to purchase at annual auctions under this sec-
tion, and from industrial sources that have elected to 
become affected units pursuant to section 410; and 
"(ii) such bids and efforts were unsuccessful in 
obtaining the required allowances; and 
"(B) the independent power producer will continue to 
make good faith efforts to purchase the required allowances 
from the owners or operators of affected units and from 
industrial sources. 
"(5) ISSUANCE OF GUARANTEED ALLOWANCES FROM DIRECT SALE 
SUBACCOUNT UNDER THIS SECTION.—From the allowances avail-
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2629 
able in the Direct Sale Subaccount established under this 
subsection, upon payment of the guaranteed price, the Adminis-
trator shall issue to any person exercising the right to purchase 
allowances pursuant to a guarantee under this subsection the 
allowances covered by such guarantee. Persons to which 
guarantees under this subsection have been issued shall have 
the opportunity to purchase allowances pursuant to such 
guarantee from such subaccount before the allowances in such 
reserve are offered for sale to any other person. 
"(6) PROCEEDS.—Notwithstanding section 3302 of title 31 of 
the United States Code or any other provision of law, the 
Administrator shall require that the proceeds of any sale under 
this subsection be transferred, within 90 days after the sale, 
without charge, on a pro rata basis to the owners or operators of 
the affected units from whom the allowances were withheld 
under subsection Ot)) and that any unsold allowances be trans-
ferred to the Subaccount for Auction Sales established under 
subsection (d). No proceeds of any sale under this subsection 
shall be held by any officer or employee of the United States or 
treated for any purpose as revenue to the United States or to 
the Administrator. 
"(7) TERMINATION OF SUBACCOUNT.—If the Administrator 
determines that, during any period of 2 consecutive calendar 
years, less than 20 percent of the allowances available in the 
subaccount for direct sales established under this subsection 
have been purchased under this paragraph, the Administrator 
shall terminate the subaccount and transfer such allowances to 
the Auction Subaccount under subsection (d). 
'(d) AUCTION SALES.— 
"(1) SUBACCOUNT FOR AUCTIONS.—The Administrator shall 
establish an Auction Subaccount in the Special Reserve estab-
lished under this section. The Auction Subaccount shall contain 
allowances to be sold at auction under this section in the 
amount of 150,000 tons per year for each year from 1995 
through 1999, inclusive and 250,000 tons per year for each year 
beginning in the calendar year 2000. 
"(2) ANNUAL AUCTIONS.—Commencing in 1993 and in each Regulations, 
year thereafter, the Administrator shall conduct auctions at 
which the allowances referred to in paragraph (1) shall be 
offered for sale in accordance with regulations promulgated by 
the Administrator, in consultation with the Secretary of the 
Treasury, within 12 months of enactment of the Clean Air Act 
Amendments of 1990. The allowances referred to in paragraph 
(1) shall be offered for sale at auction in the amounts specified 
in table 2. The auction shall be open to any person. A person 
wishing to bid for such allowances shall submit Ot)y a date set by 
the Administrator) to the Administrator (on a sealed bid sched-
ule provided by the Administrator) offers to purchase specified 
numbers of allowances at specified prices. Such regulations 
shall specify that the auctioned allowances shall be allocated 
and sold on the basis of bid price, starting with the highest-
priced bid and continuing until all allowances for sale at such 
auction have been allocated. The regulations shall not permit 
that a minimum price be set for the purchase of withheld 
allowances. Allowances purchased at the auction may be used 
104 STAT. 2630 
PUBLIC LAW 101-549—NOV. 15, 1990 
for any purpose and at any time after the auction, subject to the 
provisions of this title. 
"TABLE 2—NUMBER OF ALLOWANCES AVAILABLE FOR AUCTION 
Spot 
Year of Sale 
Auction 
(same year) 
Advance 
Auction 
1993 
50,000* 
100,000 
1994 
50,000* 
100,000 
1995 
50,000* 
. 
100,000 
1996 
150,000 
100,000 
1997 
150,000 
100,000 
1998 
150,000 
100,000 
1999 
150,000 
100,000 
2000 and after 
100,000 
100,000 
Allowances sold in the spot sale in any year are allowances which may only be used in that 
year (unless banked for use in a later year), except as otherwise noted. Allowances sold in the 
advance auction in any year are allowances which may only be used in the 7th year after the 
year in which they are first offered for sale (unless banked for use in a later year). 
'Available for use only in 1995 (unless banked for use in a later year).. 
"(3) PROCEEDS.—(A) Notwithstanding section 3302 of title 31 of 
the United States Code or any other provision of law, within 90 
days of receipt, the Administrator shall transfer the proceeds 
from the auction under this section, on a pro rata basis, to the 
owners or operators of the affected units at an affected source 
from whom allowances were withheld under subsection (b). No 
funds transferred from a purchaser to a seller of allowances 
under this paragraph shall be held by any officer or employee of 
the United States or treated for any purpose as revenue to the 
United States or the Administrator 
"(B) At the end of each year, any allowances offered for sale 
but not sold at the auction shall be returned without charge, on 
a pro rata basis, to the owner or operator of the affected units 
from whose allocation the allowances were withheld. 
"(4) ADDITIONAL AUCTION PARTICIPANTS.—Any person holding 
allowances or to whom allowances are allocated by the Adminis-
trator may submit those allowances to the Administrator to be 
offered for sale at auction under this subsection. The proceeds of 
any such sale shall be transferred at the time of sale by the 
purchaser to the person submitting such allowances for sale. 
The holder of allowances offered for sale under this paragraph 
may specify a minimum sale price. Any person may purchase 
allowances offered for auction under this paragraph. Such 
allowances shall be allocated and sold to purchasers on the basis 
of bid price after the auction under paragraph (2) is complete. 
No funds transferred from a purchaser to a seller of allowances 
under this paragraph shall be held by any officer or employee of 
the United States or treated for any purpose as revenue to the 
United States or the Administrator. 
Public 
"(5) RECORDING BY EPA.—The Administrator shall record and 
information. 
publicly report the nature, prices and results of each auction 
under this subsection, including the prices of successful bids, 
and shall record the transfers of allowances as a result of each 
auction in accordance with the requirements of this section. The 
transfer of allowances at such auction shall be recorded in 
accordance with the regulations promulgated by the Adminis-
trator under this title. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2631 
"(e) CHANGES IN SALES, AUCTIONS, AND WITHHOLDING.—Pursuant 
to rulemaking after public notice and comment the Administrator 
may at any time after the year 1998 (in the case of advance sales or 
advance auctions) and 2005 (in the case of spot sales or spot auctions) 
decrease the number of allowances withheld and sold under this 
section. 
"(f) TERMINATION OF AUCTIONS.—The Administrator may termi-
nate the withholding of allowances and the auction sales under this 
section if the Administrator determines that, during any period of 3 
consecutive calendar years after 2002, less than 20 percent of the 
allowances available in the auction subaccount have been pur-
chased. Pursuant to regulations under this section, the Adminis-
trator may by delegation or contract provide for the conduct of sales 
or auctions under the Administrator s supervision by other depart-
ments or agencies of the United States Government or by non-
governmental agencies, groups, or organizations.". 
SEC. 402. FOSSIL FUEL USE. 
42 USC 7651b 
(a) CONTRACTS FOR HYDROELECTRIC ENERGY.—Any person who, "° ' 
after the date of the enactment of the Clean Air Act Amendments of 
1990, enters into a contract under which such person receives 
hydroelectric energy in return for the provision of electric energy by 
such person shall use allowances held by such person as necessary to 
satisfy such person's obligations under such contract. 
(b) FEDERAL POWER MARKETING ADMINISTRATION.—A Federal 
Power Marketing Administration shall not be subject to the provi-
sions and requirements of this title with respect to electric energy 
generated by hydroelectric facilities and marketed by such Power 
Marketing Administration. Any person who sells or provides electric 
energy to a Federal Power Marketing Administration shall comply 
with the provisions and requirements of this title. 
SEC. 403. REPEAL OF PERCENT REDUCTION. 
(a) REPEAL.—Section 111(a)(1) of the Clean Air Act is amended to 42 USC 7411. 
read as follows: 
"(1) The term 'standard of performance' means a standard for 
emissions of air pollutants which reflects the degree of emission 
limitation achievable through the application of the best system 
of emission reduction which (taking into account the cost of 
achieving such reduction and any nonair quality health and 
environmental impact and energy requirements) the Adminis-
trator determines has been adequately demonstrated.". 
(b) REVISED REGULATIONS.—Not later than three years after the 42 USC 7411 
date of enactment of the Clean Air Act Amendments of 1990, the "ote. 
Administrator shall promulgate revised regulations for standards of 
performance for new fossil fuel fired electric utility units commenc-
ing construction after the date on which such regulations are pro-
posed that, at a minimum, require any source subject to such revised 
standards to emit sulfur dioxide at a rate not greater than would 
have resulted from compliance by such source with the applicable 
standards of performance under this section prior to such revision. 
(c) APPUCABILITY.—The provisions of subsections (a) and (b) apply 42 USC 7411 
only so long as the provisions of section 403(e) of the Clean Air Act "o*^-
remain in effect. 
(d) BACT DETERMINATIONS.—Section 169(3) of the Clean Air Act is 42 USC 7479. 
amended by inserting: ", clean fuels," after "including fuel clean-
ing," and by adding the following at the end thereof: "Emissions 
104 STAT. 2632 
PUBLIC LAW 101-549—NOV. 15, 1990 
from £iny source utilizing clean fuels, or any other means, to comply 
with this paragraph shall not be allowed to increase above levels 
that would have been required under this paragraph as it existed 
prior to enactment of the Clean Air Act Amendments of 1990.". 
42 u s e 7651 
SEC. 404. ACID DEPOSITION STANDARDS. 
Rep(irts. 
Not later than 36 months after the date of enactment of this Act, 
the Administrator of the Environmental Protection Agency shall 
transmit to the Committee on Environment and Public Works of the 
Senate and the Committee on Energy and Commerce of the House of 
Representatives a report on the feasibility and effectiveness of an 
acid deposition standard or standards to protect sensitive and criti-
cally sensitive aquatic and terrestrial resources. The study required 
by this section shall include, but not be limited to, consideration of 
the following matters: 
(1) identification of the sensitive and critically sensitive 
aquatic and terrestrial resources in the United States and 
Canada which may be affected by the deposition of acidic 
compounds; 
(2) description of the nature and numerical value of a deposi-
tion standard or standards that would be sufficient to protect 
such resources; 
(3) description of the use of such standard or standards in 
other Nations or by any of the several States in acid deposition 
control programs; 
(4) description of the measures that would need to be taken to 
integrate such standard or standards with the control program 
required by title IV of the Clean Air Act; 
(5) description of the state of knowledge with respect to 
source-receptor relationships necessary to develop a control 
program on such standard or standards and the additional 
research that is on-going or would be needed to make such a 
control program feasible; and 
(6) description of the impediments to implementation of such 
control program and the cost-effectiveness of deposition stand-
ards compared to other control strategies including ambient air 
quality standards, new source performance standards and the 
requirements of title IV of the Clean Air Act. 
42 use 7403 
SEC. 405. NATIONAL ACID LAKES REGISTRY. 
°° • 
The Administrator of the Environmental Protection Agency shall 
create a National Acid Lakes Registry that shall list, to the extent 
practical, all lakes that are known to be acidified due to acid 
deposition, and shall publish such list within one year of the enact-
ment of this Act. Lakes shall be added to the registry as they become 
acidic or as data becomes available to show they are acidic. Lakes 
shall be deleted from the registry as they become nonacidic. 
42 use 7651 
SEC. 406. INDUSTRIAL SO, EMISSIONS 
(a) REPORT.—Not later than January 1, 1995 and every 5 years 
thereafter, the Administrator of the Environmental Protection 
Agency shall transmit to the Congress a report containing an 
inventory of national annual sulfur dioxide emissions from indus-
trial sources (as defined in title IV of the Act), including units 
subject to section 405(g)(6) of the Clean Air Act, for all years for 
which data are available, as well as the likely trend in such emis-
sions over the following twenty-year period. The reports shall also 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2633 
contain estimates of the actual emission reduction in each year 
resulting from promulgation of the diesel fuel desulfurization regu-
lations under section 214. 
(b) 5.60 MILLION TON CAP.—Whenever the inventory required by 
this section indicates that sulfur dioxide emissions from industrial 
sources, including units subject to section 405(g)(5) of the Clean Air 
Act, may reasonably be expected to reach levels greater than 5.60 
million tons per year, the Administrator of the Environmental 
Protection Agency shall take such actions under the Clean Air Act 
as may be appropriate to ensure that such emissions do not exceed 
5.60 million tons per year. Such actions may include the promulga-
tion of new and revised standards of performance for new sources, 
including units subject to section 405(g)(5) of the Clean Air Act, 
under section 111(b) of the Clean Air Act, as well as promulgation of 
standards of performance for existing sources, including units sub-
ject to section 405(g)(5) of the Clean Air Act, under authority of this 
section. For an existing source regulated under this section, "stand-
ard of performance" means a standard which the Administrator 
determines is applicable to that source and which reflects the degree 
of emission reduction achievable through the application of the best 
system of continuous emission reduction which (taking into consid-
eration the cost of achieving such emission reduction, and any 
nonair quality health and environmental impact and energy 
requirements) the Administrator determines has been adequately 
demonstrated for that category of sources. 
(c) ELECTION.—Regulations promulgated under section 405(b) of 
the Clean Air Act shall not prohibit a source from electing to 
become an affected unit under section 410 of the Clean Air Act. 
SEC. 407. SENSE OF THE CONGRESS ON EMISSION REDUCTIONS COSTS. 42 USC 7651 
It is the sense of the Congress that the Clean Air Act Amend-
ments of 1990, through the allowance program, allocates the costs of 
achieving the required reductions in emissions of sulfur dioxide and 
oxides of nitrogen among sources in the United States. Broad based 
taxes and emissions fees that would provide for payment of the costs 
of achieving required emissions reductions by any party or parties 
other than the sources required to achieve the reductions are 
undesirable. 
SEC. 408. MONITOR ACID RAIN PROGRAM IN CANADA. 
42 USC 7651 
(a) REPORTS TO CONGRESS.—The Administrator of the Environ-
mental Protection Agency, in consultation with the Secretary of 
State, the Secretary of Energy, and other persons the Administrator 
deems appropriate, shall prepare and submit a report to Congress on 
January 1, 1994, January 1,1999, and January 1, 2005. 
(b) CONTENTS.—The report to Congress shall analyze the current 
emission levels of sulfur dioxide and nitrogen oxides in each of the 
provinces participating in Canada's acid rain control program, the 
amount of emission reductions of sulfur dioxide and oxides of nitro-
gen achieved by each province, the methods utilized by each prov-
ince in making those reductions, the costs to each province and the 
employment impacts in each province of making and maintaining 
those reductions. 
(c) COMPLIANCE.—Beginning on January 1, 1999, the reports shall 
also assess the degree to which each province is complying with its 
stated emissions cap. 
104 STAT. 2634 
PUBLIC LAW 101-549—NOV. 15, 1990 
Appropriation 
authorization. 
Appropriation 
authorization. 
42 
use 
7410. 
SEC. 
4
0
9
. 
REPORT 
ON 
CLEAN 
COAL 
TECHNOLOGIES 
EXPORT 
PROGRAMS. 
The Secretary of Energy in consultation with the Secretary of 
Commerce shall provide a report to the Congress within one year of 
enactment of this legislation which will identify, inventory and 
analyze clean coal technologies export programs within United 
States Government agencies including the Departments of State, 
Commerce, and Energy and at the Export-Import Bank and the 
Overseas Private Investment Corporation. The study shall address 
the effectiveness of interagency coordination of export promotion 
and determine the feasibility of establishing an interagency commis-
sion for the purpose of promoting the export and use of clean coal 
technologies. 
SEC. 410. ACID DEPOSITION RESEARCH BY THE UNITED STATES FISH AND 
WILDLIFE SERVICE. 
There are authorized to be appropriated to the United States Fish 
and Wildlife Service of the Department of the Interior an amount 
equal to $500,000 to fund research related to acid deposition and the 
monitoring of high altitude mountain lakes in the Wind River 
Reservation, Wyoming, to be conducted through the Management 
Assistance Office of the United States Fish and Wildlife Service 
located in Lander, Wyoming and the University of Wyoming. 
SEC. 411. STUDY OF BUFFERING AND NEUTRALIZING AGENTS. 
There are authorized to be appropriated to the United States Fish 
and Wildlife Service of the Department of the Interior an amount 
equal to $250,000 to fund a study to be conducted in conjunction 
with the University of Wyoming of the effectiveness of various 
buffering and neutralizing agents used to restore lakes and streams 
damaged by acid deposition. 
SEC. 412. CONFORMING AMENDMENT. 
Section 110(f)(1) of the Clean Air Act is amended by inserting "or 
of any requirement under section 411 (concerning excess emissions 
penalties or offsets) of title IV of the Act" after "implementation 
plan". 
SEC. 413. SPECIAL CLEAN COAL TECHNOLOGY PROJECT. 
(a) DEMONSTRATION PROJECT.—The Secretary of Energy shall, sub-
ject to appropriation, as part of the Secretary's activities with 
respect to fossil energy research and development under the Depart-
ment of Energy Organization Act (Public Law 95-91) consider fund-
ing at least 50 percent of the cost of a demonstration project to 
design, construct, and test a technology system for a cyclone boiler 
that will serve as a model for sulfur dioxide and nitrogen oxide 
reduction technology at a combustion unit required to meet the 
emissions reductions prescribed in this bill. The Secretary shall 
expedite approval and funding to enable such project to be com-
pleted no later than January 1,1995. 
The unit selected for this project shall be in a utility plant that (1) 
is among the top 10 emitters of sulfur dioxide as identified on Table 
A of section 404; (2) has 3 or more units, 2 of which are cyclone boiler 
units; and (3) has no existing scrubbers. 
(b) AUTHORIZATION.—There are authorized to be appropriated 
such sums as may be necessary to carry out this section, to remain 
available until expended. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2635 
TITLE V—PERMITS 
Sec. 501. Permits. 
SEC. 501. PERMITS. 
Add the following new title after title IV: 
"TITLE V—PERMITS 
"Sec. 501. Definitions. 
"Sec. 502. Permit programs. 
"Sec. 503. Permit applications. 
"Sec. 504. Permit requirements and conditions. 
"Sec. 505. Notification to Administrator and contiguous States. 
"Sec. 506. Other authorities. 
"Sec. 507. Small business stationary source technical and environmental compli-
ance assistance program. 
"SEC. 501. DEFINITIONS. 
42 USC 7661. 
As used in this title— 
"(1) AFFECTED SOURCE.—The term 'affected source' shall have 
the meaning given such term in title IV. 
"(2) MAJOR SOURCE.—The term 'major source' means any 
stationary source (or any group of stationary sources located 
within a contiguous area and under common control) that is 
either of the following: 
"(A) A major source as defined in section 112. 
"(B) A major stationary source as defined in section 302 
or part D of title I. 
"(3) SCHEDULE OF COMPLIANCE.—The term 'schedule of compli-
ance' means a schedule of remedial measures, including an 
enforceable sequence of actions or operations, leading to compli-
ance with an applicable implementation plan, emission stand-
ard, emission limitation, or emission prohibition. 
"(4) PERMITTING AUTHORITY.—The term 'permitting authority' 
means the Administrator or the air pollution control agency 
authorized by the Administrator to carry out a permit program 
under this title. 
"SEC. 502. PERMIT PROGRAMS. 
42 USC 7661a. 
"(a) VIOLATIONS.—After the effective date of any permit program 
approved or promulgated under this title, it shall be unlawful for 
any person to violate any requirement of a permit issued under this 
title, or to operate an affected source (as provided in title IV), a 
major source, any other source (including an area source) subject to 
standards or regulations under section 111 or 112, any other source 
required to have a permit under parts C or D of title I, or any other 
stationary source in a category designated (in whole or in part) by 
regulations promulgated by the Administrator (after notice and 
public comment) which shall include a finding setting forth the basis 
for such designation, except in compliance with a permit issued by a 
permitting authority under this title. (Nothing in this subsection 
shall be construed to alter the applicable requirements of this Act 
that a permit be obtained before construction or modification.) The 
Administrator may, in the Administrator's discretion and consistent 
with the applicable provisions of this Act, promulgate regulations to 
exempt one or more source categories (in whole or in part) from the 
104 STAT. 2636 
PUBLIC LAW 101-549—NOV. 15, 1990 
requirements of this subsection if the Administrator finds that 
compliance with such requirements is impracticable, infeasible, or 
unnecessarily burdensome on such categories, except that the 
Administrator may not exempt any major source from such 
requirements. 
"(b) REGULATIONS.—The Administrator shall promulgate within 
12 months after the date of the enactment of the Clean Air Act 
Amendments of 1990 regulations establishing the minimum ele-
ments of a permit program to be administered by any air pollution 
control agency. These elements shall include each of the following: 
"(1) Requirements for permit applications, including a stand-
ard application form and criteria for determining in a timely 
fashion the completeness of applications. 
"(2) Monitoring and reporting requirements. 
"(3)(A) A requirement under State or local law or interstate 
compact that the owner or operator of all sources subject to the 
requirement to obtain a permit under this title pay an annual 
fee, or the equivalent over some other period, sufficient to cover 
all reasonable (direct and indirect) costs required to develop and 
administer the permit program requirements of this title, 
including section 507, including the reasonable costs of— 
"(i) reviewing and acting upon any application for such a 
permit, 
"(ii) if the owner or operator receives a permit for such 
source, whether before or after the date of the enactment of 
the Clean Air Act Amendments of 1990, implementing and 
enforcing the terms and conditions of any such permit (not 
including any court costs or other costs associated with any 
enforcement action), 
"(iii) emissions and ambient monitoring, 
"(iv) preparing generally applicable regulations, or 
guidance, 
"(v) modeling, analyses, and demonstrations, and 
"(vi) preparing inventories and tracking emissions. 
"(B) The total amount of fees collected by the permitting 
authority shall conform to the following requirements: 
"(i) The Administrator shall not approve a program as 
meeting the requirements of this paragraph unless the 
State demonstrates that, except as otherwise provided in 
subparagraphs (ii) through (v) of this subparagraph, the 
program will result in the collection, in the aggregate, from 
all sources subject to subparagraph (A), of an amount not 
less than $25 per ton of each regulated pollutant, or such 
other amount as the Administrator may determine ade-
quately reflects the reasonable costs of the permit program. 
"(ii) As used in this subparagraph, the term 'regulated 
pollutant' shall mean (I) a volatile organic compound; (II) 
each pollutant regulated under section 111 or 112; and (III) 
each pollutant for which a national primary ambient air 
quality standard has been promulgated (except that carbon 
monoxide shall be excluded from this reference). 
"(iii) In determining the amount under clause (i), the 
permitting authority is not required to include any amount 
of regulated pollutant emitted by any source in excess of 
4,000 tons per year of that regulated pollutant. 
"(iv) The requirements of clause (i) shall not apply if the 
permitting authority demonstrates that collecting an 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2637 
amount less than the amount specified under clause (i) will 
meet the requirements of subparagraph (A). 
"(v) The fee calculated under clause (i) shall be increased 
(consistent with the need to cover the reasonable costs 
authorized by subparagraph (A)) in each year beginning 
after the year of the enactment of the Clean Air Act 
Amendments of 1990 by the percentage, if any, by which 
the Consumer Price Index for the most recent calendar 
year ending before the beginning of such year exceeds the 
Consumer Price Index for the calendar year 1989. For 
purposes of this clause— 
"(I) the Consumer Price Index for any calendar year 
is the average of the Consumer Price Index for all-
urban consumers published by the Department of 
Labor, as of the close of the 12-month period ending on 
August 31 of each calendar year, and 
"(II) the revision of the Consumer Price Index which 
is most consistent with the Consumer Price Index for 
calendar year 1989 shall be used. 
"(C)(i) If the Administrator determines, under subsection (d), 
that the fee provisions of the operating permit program do not 
meet the requirements of this paragraph, or if the Adminis-
trator makes a determination, under subsection (i), that the 
permitting authority is not adequately administering or enforc-
ing an approved fee program, the Administrator may, in addi-
tion to taking any other action authorized under this title, 
collect reasonable fees from the sources identified under 
subparagraph (A). Such fees shall be designed solely to cover the 
Administrator's costs of administering the provisions of the 
permit program promulgated by the Administrator. 
"(ii) Any source that fails to pay fees lawfully imposed by the 
Administrator under this subparagraph shall pay a penalty of 
50 percent of the fee amount, plus interest on the fee amount 
computed in accordance with section 6621(a)(2) of the Internal 
Revenue Code of 1986 (relating to computation of interest on 
underpayment of Federal taxes). 
"(iii) Any fees, penalties, and interest collected under this 
subparagraph shall be deposited in a special fund in the United 
States Treasury for licensing and other services, which there-
after shall be available for appropriation, to remain available 
until expended, subject to appropriation, to carry out the Agen-
cy's activities for which the fees were collected. Any fee 
required to be collected by a State, local, or interstate agency 
under this subsection shall be utilized solely to cover all reason-
able (direct and indirect) costs required to support the permit 
program as set forth in subparagraph (A). 
"(4) Requirements for adequate personnel and funding to 
administer the program. 
"(5) A requirement that the permitting authority have ade-
quate authority to: 
"(A) issue permits and assure compliance by all sources 
required to have a permit under this title with each 
applicable standard, regulation or requirement under this 
Act; 
"(B) issue permits for a fixed term, not to exceed 5 years; 
9-194 O - 91 - 11 : QL 3 Part 4 
104 STAT. 2638 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(C) assure that upon issuance or renewal permits incor-
porate emission limitations and other requirements in an 
applicable implementation plan; 
"(D) terminate, modify, or revoke and reissue permits for 
cause; 
"(E) enforce permits, permit fee requirements, and the 
requirement to obtain a permit, including authority to 
recover civil penalties in a maximum amount of not less 
than $10,000 per day for each violation, and provide appro-
priate criminal penalties; and 
"(F) assure that no permit will be issued if the Adminis-
trator objects to its issuance in a timely manner under this 
title. 
"(6) Adequate, streamlined, and reasonable procedures for 
expeditiously determining when applications are complete, for 
processing such applications, for public notice, including offer-
ing an opportunity for public comment and a hearing, and for 
expeditious review of permit actions, including applications, 
renewals, or revisions, and including an opportunity for judicial 
review in State court of the final permit action by the applicant, 
any person who participated in the public comment process, and 
any other person who could obtain judicial review of that action 
under applicable law. 
"(7) To ensure against unreasonable delay by the permitting 
authority, adequate authority and procedures to provide that a 
failure of such permitting authority to act on a permit applica-
tion or permit renewal application (in accordance with the time 
periods specified in section 503 or, as appropriate, title IV) shall 
be treated as a final permit action solely for purposes of obtain-
ing judicial review in State court of an action brought by any 
person referred to in paragraph (6) to require that action be 
taken by the permitting authority on such application without 
additional delay. 
"(8) Authority, and reasonable procedures consistent with the 
need for expeditious action by the permitting authority on 
permit applications and related matters, to make available to 
the public any permit application, compliance plan, permit, and 
monitoring or compliance report under section 503(e), subject to 
the provisions of section 114(c) of this Act. 
"(9) A requirement that the permitting authority, in the case 
of permits with a term of 3 or more years for major sources, 
shall require revisions to the permit to incorporate applicable 
standards and regulations promulgated under this Act after the 
issuance of such permit. Such revisions shall occur as expedi-
tiously as practicable and consistent with the procedures estab-
lished under paragraph (6) but not later than 18 months after 
the promulgation of such standards and regulations. No such 
revision shall be required if the effective date of the standards 
or regulations is a date after the expiration of the permit term. 
Such permit revision shall be treated as a permit renewal if it 
complies with the requirements of this title regarding renewals. 
"(10) Provisions to allow changes within a permitted facility 
(or one operating pursuant to section 503(d)) without requiring a 
permit revision, if the changes are not modifications under any 
provision of title I and the changes do not exceed the emissions 
allowable under the permit (whether expressed therein aj a rate 
of emissions or in terms of total emissions: Provided, That the 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2639 
facility provides the Administrator and the permitting author-
ity with written notification in advance of the proposed changes 
which shall be a minimum of 7 days, unless the permitting 
authority provides in its regulations a different timeframe for 
emergencies. 
"(c) SINGLE PERMIT.—A single permit may be issued for a facility 
with multiple sources. 
"(d) SUBMISSION AND APPROVAL,—(1) Not later than 3 years after 
the date of the enactment of the Clean Air Act Amendments of 1990, 
the Governor of each State shall develop and submit to the Adminis-
trator a permit program under State or local law or under an 
interstate compact meeting the requirements of this title. In addi-
tion, the Governor shall submit a legal opinion from the attorney 
general (or the attorney for those State air pollution control agen-
cies that have independent legal counsel), or from the chief legal 
officer of an interstate agency, that the laws of the State, locality, or 
the interstate compact provide adequate authority to carry out the 
program. Not later than 1 year after receiving a program, and after 
notice and opportunity for public comment, the Administrator shall 
approve or disapprove such program, in whole or in part. The 
Administrator may approve a program to the extent that the pro-
gram meets the requirements of this Act, including the regulations 
issued under subsection (b). If the program is disapproved, in whole 
or in part, the Administrator shall notify the Governor of any 
revisions or modifications necessary to obtain approval. The Gov-
ernor shall revise and resubmit the program for review under this 
section within 180 days after receiving notification. 
"(2)(A) If the Governor does not submit a program as required 
under paragraph (1) or if the Administrator disapproves a program 
submitted by the Governor under paragraph (1), in whole or in part, 
the Administrator may, prior to the expiration of the 18-month 
period referred to in subparagraph (B), in the Administrator's 
discretion, apply any of the sanctions specified in section 179(b). 
"(B) If the Governor does not submit a program as required under 
paragraph (1), or if the Administrator disapproves any such program 
submitted by the Governor under paragraph (1), in whole or in part, 
18 months after the date required for such submittal or the date of 
such disapproval, as the case may be, the Administrator shall apply 
sanctions under section 179(b) in the same manner and subject to 
the same deadlines and other conditions as are applicable in the 
case of a determination, disapproval, or finding under section 179(a). 
"(C) The sanctions under section 179(b)(2) shall not apply pursuant 
to this paragraph in any area unless the failure to submit or the 
disapproval referred to in subparagraph (A) or (B) relates to an air 
pollutant for which such area has been designated a nonattainment 
area (as defined in part D of title I). 
"(3) If a program meeting the requirements of this title has not 
been approved in whole for any State, the Administrator shall, 2 
years after the date required for submission of such a program 
under paragraph (1), promulgate, administer, and enforce a program 
under this title for that State. 
"(e) SUSPENSION.—The Administrator shall suspend the issuance 
of permits promptly upon publication of notice of approval of a 
permit program under this section, but may, in such notice, retain 
jurisdiction over permits that have been federally issued, but for 
which the administrative or judicial review process is not complete. 
The Administrator shall continue to administer and enforce feder-
104 STAT. 2640 
PUBLIC LAW 101-549—NOV. 15, 1990 
ally issued permits under this title until they are replaced by a 
permit issued by a permitting program. Nothing in this subsection 
should be construed to limit the Administrator's ability to enforce 
permits issued by a State. 
"(f) PROHIBITION.—No partial permit program shall be approved 
unless, at a minimum, it applies, and ensures compliance with, this 
title and each of the following: 
"(1) All requirements established under title IV applicable to 
'affected sources'. 
"(2) All requirements established under section 112 applicable 
to 'major sources', 'area sources,' and 'new sources'. 
"(3) All requirements of title I (other than section 112) 
applicable to sources required to have a permit under this title. 
Approval of a partial program shall not relieve the State of its 
obligation to submit a complete program, nor from the application of 
any sanctions under this Act for failure to submit an approvable 
permit program. 
"(g) INTERIM APPROVAL.—If a program (including a partial permit 
program) submitted under this title substantially meets the require-
ments of this title, but is not fully approvable, the Administrator 
may by rule grant the program interim approval. In the notice of 
final rulemaking, the Administrator shall specify the changes that 
must be made before the program can receive full approval. An 
interim approval under this subsection shall expire on a date set by 
the Administrator not later than 2 years after such approval, and 
may not be renewed. For the period of any such interim approval, 
the provisions of subsection (d)(2), and the obligation of the Adminis-
trator to promulgate a program under this title for the State 
pursuant to subsection (d)(3), shall be suspended. Such provisions 
and such obligation of the Administrator shall apply after the 
expiration of such interim approval. 
"(h) EFFECTIVE DATE.—The effective date of a permit program, or 
partial or interim program, approved under this title, shall be the 
effective date of approval by the Administrator. The effective date of 
a permit program, or partial permit program, promulgated by the 
Administrator shall be the date of promulgation. 
"(i) 
ADMINISTRATION AND ENFORCEMENT.—(1) 
Whenever 
the 
Administrator makes a determination that a permitting authority is 
not adequately administering and enforcing a program, or portion 
thereof, in accordance with the requirements of this title, the 
Administrator shall provide notice to the State and may, prior to the 
expiration of the 18-month period referred to in paragraph (2), in the 
Administrator's discretion, apply any of the sanctions specified in 
section 179(b). 
"(2) Whenever the Administrator makes a determination that a 
permitting authority is not adequately administering and enforcing 
a program, or portion thereof, in accordance with the requirements 
of this title, 18 months after the date of the notice under paragraph 
(1), the Administrator shall apply the sanctions under section 179(b) 
in the same manner and subject to the same deadlines and other 
conditions as are applicable in the case of a determination, dis-
approval, or finding under section 179(a). 
"(3) The sanctions under section 179(b)(2) shall not apply pursuant 
to this subsection in any area unless the failure to adequately 
enforce and administer the program relates to an air pollutant for 
which such area has been designated a nonattainment area. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2641 
"(4) Whenever the Administrator has made a finding under para-
graph (1) with respect to any State, unless the State has corrected 
such deficiency within 18 months after the date of such finding, the 
Administrator shall, 2 years after the date of such finding, promul-
gate, administer, and enforce a program under this title for that 
State. Nothing in this paragraph shall be construed to affect the 
validity of a program which has been approved under this title or 
the authority of any permitting authority acting under such pro-
gram until such time as such program is promulgated by the 
Administrator under this paragraph. 
"SEC. 503. PERMIT APPLICATIONS. 
42 USC 7661b. 
"(a) APPLICABLE DATE.—Any source specified in section 502(a) 
shall become subject to a permit program, and required to have a 
permit, on the later of the following dates— 
"(1) the effective date of a permit program or partial or 
interim permit program applicable to the source; or 
"(2) the date such source becomes subject to section 502(a). 
"(b) CoMPUANCE PLAN.—(1) The regulations required by section 
502(b) shall include a requirement that the applicant submit with 
the permit application a compliance plan describing how the source 
will comply with all applicable requirements under this Act. The Reports, 
compliance plan shall include a schedule of compliance, and a 
schedule under which the permittee will submit progress reports to 
the permitting authority no less frequently than every 6 months. 
"(2) The regulations shall further require the permittee to periodi-
cally (but no less frequently than annually) certify that the facility 
is in compliance with any applicable requirements of the permit, 
and to promptly report any deviations from permit requirements to 
the permitting authority. 
"(c) DEADLINE.—Any person required to have a permit shall, not 
later than 12 months after the date on which the source becomes 
subject to a permit program approved or promulgated under this 
title, or such earlier date as the permitting authority may establish, 
submit to the permitting authority a compliance plan and an 
application for a permit signed by a responsible official, who shall 
certify the accuracy of the information submitted. The permitting 
authority shall approve or disapprove a completed application 
(consistent with the procedures established under this title for 
consideration of such applications), and shall issue or deny the 
permit, within 18 months after the date of receipt thereof, except 
that the permitting authority shall establish a phased schedule for 
acting on permit applications submitted within the first full year 
after the effective date of a permit program (or a partial or interim 
program). Any such schedule shall assure that at least one-third of 
such permits will be acted on by such authority annually over a 
period of not to exceed 3 years after such effective date. Such 
authority shall establish reasonable procedures to prioritize such 
approval or disapproval actions in the case of applications for 
construction or modification under the applicable requirements of 
this Act. 
"(d) TIMELY AND COMPLETE APPUCATIONS.—Except for sources 
required to have a permit before construction or modification under 
the applicable requirements of this Act, if an applicant has submit-
ted a timely and complete application for a permit required by this 
title (including renewals), but final action has not been taken on 
such application, the source's failure to have a permit shall not be a 
104 STAT. 2642 
PUBLIC LAW 101-549—NOV. 15, 1990 
Public 
information. 
42 u s e 7661c. 
violation of this Act, unless the delay in final action was due to the 
failure of the applicant timely to submit information required or 
requested to process the application. No source required to have a 
permit under this title shall be in violation of section 502(a) before 
the date on which the source is required to submit an application 
under subsection (c). 
"(e) COPIES; AVAILABILITY.—A copy of each permit application, 
compliance plan (including the schedule of compliance), emissions or 
compliance monitoring report, certification, and each permit issued 
under this title, shall be available to the public. If an applicant or 
permittee is required to submit information entitled to protection 
from disclosure under section 114(c) of this Act, the applicant or 
permittee may submit such information separately. The require-
ments of section 114(c) shall apply to such information. The contents 
of a permit shall not be entitled to protection under section 114(c). 
"SEC. 504. PERMIT REQUIREMENTS AND CONDITIONS. 
"(a) CONDITIONS.—Each permit issued under this title shall 
include enforceable emission limitations and standards, a schedule 
of compliance, a requirement that the permittee submit to the 
permitting authority, no less often than every 6 months, the results 
of any required monitoring, and such other conditions as are nec-
essary to assure compliance with applicable requirements of this 
Act, including the requirements of the applicable implementation 
plan. 
"(b) MONITORING AND ANALYSIS.—The Administrator may by rule 
prescribe procedures and methods for determining compliance and 
for monitoring and analysis of pollutants regulated under this Act, 
but continuous emissions monitoring need not be required if alter-
native methods are available that provide sufficiently reliable and 
timely information for determining compliance. Nothing in this 
subsection shall be construed to affect any continuous emissions 
monitoring requirement of title IV, or where required elsewhere in 
this Act. 
"(c) INSPECTION, ENTRY, MONITORING, CERTIFICATION, AND REPORT-
ING.—Each permit issued under this title shall set forth inspection, 
entry, monitoring, compliance certification, and reporting require-
ments to assure compliance with the permit terms and conditions. 
Such monitoring and reporting requirements shall conform to any 
applicable regulation under subsection (b). Any report required to be 
submitted by a permit issued to a corporation under this title shall 
be signed by a responsible corporate official, who shall certify its 
accuracy. 
"(d) GENERAL PERMITS.—The permitting authority may, after 
notice and opportunity for public hearing, issue a general permit 
covering numerous similar sources. Any general permit shall 
comply with all requirements applicable to permits under this title. 
No source covered by a general permit shall thereby be relieved 
from the obligation to file an application under section 503. 
"(e) TEMPORARY SOURCES.—The permitting authority may issue a 
single permit authorizing emissions from similar operations at mul-
tiple temporary locations. No such permit shall be issued unless it 
includes conditions that will assure compliance with all the require-
ments of this Act at all authorized locations, including, but not 
limited to, ambient standards and compliance with any applicable 
increment or visibility requirements under part C of title I. Any 
such permit shall in addition require the owner or operator to notify 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2643 
the permitting authority in advance of each change in location. The 
permitting authority may require a separate permit fee for oper-
ations at each location. 
"(f) PERMIT SHIELD.—Compliance with a permit issued in accord-
ance with this title shall be deemed compliance with section 502. 
Except £is otherwise provided by the Administrator by rule, the 
permit may also provide that compliance with the permit shall be 
deemed compliance with other applicable provisions of this Act that 
relate to the permittee i
f
— 
"(1) the permit includes the applicable requirements of such 
provisions, or 
"(2) the permitting authority in acting on the permit applica-
tion makes a determination relating to the permittee that such 
other provisions (which shall be referred to in such determina-
tion) are not applicable and the permit includes the determina-
tion or a concise summary thereof. 
Nothing in the preceding sentence shall alter or affect the 
provisions of section 303, including the authority of the Adminis-
trator under that section. 
"SEC. 505. NOTIFICATION TO ADMINISTRATOR AND CONTIGUOUS STATES. 42 USC 7661d. 
"(a) TRANSMISSION AND NOTICE.—(1) Each permitting authority— 
"(A) shall transmit to the Administrator a copy of each 
permit application (and any application for a permit modifica-
tion or renewal) or such portion thereof, including any compli-
ance plan, as the Administrator may require to effectively 
review the application and otherwise to carry out the Adminis-
trator's responsibilities under this Act, and 
"(B) shall provide to the Administrator a copy of each permit 
proposed to be issued and issued as a final permit. 
"(2) The permitting authority shall notify all States— 
"(A) whose air quality may be affected and that are contig-
uous to the State in which the emission originates, or 
"(B) that are within 50 miles of the source, 
of each permit application or proposed permit forwarded to the 
Administrator under this section, and shall provide an opportunity 
for such States to submit written recommendations respecting the 
issuance of the permit and its terms and conditions. If any part of 
those recommendations are not accepted by the permitting author-
ity, such authority shall notify the State submitting the rec-
ommendations and the Administrator in writing of its failure to 
accept those recommendations and the reasons therefor. 
"(b) OBJECTION BY EPA.—(1) If any permit contains provisions 
that are determined by the Administrator as not in compliance with 
the applicable requirements of this Act, including the requirements 
of an applicable implementation plan, the Administrator shall, in 
accordance with this subsection, object to its issuance. The permit-
ting authority shall respond in writing if the Administrator (A) 
within 45 days after receiving a copy of the proposed permit under 
subsection (a)(1), or (B) within 45 days after receiving notification 
under subsection (a)(2), objects in writing to its issuance as not in 
compliance with such requirements. With the objection, the 
Administrator shall provide a statement of the reasons for the 
objection, A copy of the objection and statement shall be provided to 
the applicant. 
"(2) If the Administrator does not object in writing to the issuance 
of a permit pursuant to paragraph (1), any person may petition the 
104 STAT. 2644 
PUBLIC LAW 101-549—NOV. 15, 1990 
Administrator within 60 days after the expiration of the 45-day 
review period specified in paragraph (1) to take such action. A copy 
of such petition shall be provided to the permitting authority and 
the applicant by the petitioner. The petition shall be based only on 
objections to the permit that were raised with reasonable specificity 
during the public comment period provided by the permitting 
agency (unless the petitioner demonstrates in the petition to the 
Administrator that it was impracticable to raise such objections 
within such period or unless the grounds for such objection arose 
after such period). The petition shall identify all such objections. If 
the permit has been issued by the permitting agency, such petition 
shall not postpone the effectiveness of the permit. The Adminis-
trator shall grant or deny such petition within 60 days after the 
petition is filed. The Administrator shall issue an objection within 
, 
such period if the petitioner demonstrates to the Administrator that 
the permit is not in compliance with the requirements of this Act, 
including the requirements of the applicable implementation plan. 
Any denial of such petition shall be subject to judicial review under 
section 307. The Administrator shall include in regulations under 
this title provisions to implement this paragraph. The Adminis-
trator may not delegate the requirements of this paragraph. 
"(3) Upon receipt of an objection by the Administrator under this 
subsection, the permitting authority may not issue the permit 
unless it is revised and issued in accordance with subsection (c). If 
the permitting authority has issued a permit prior to receipt of an 
objection by the Administrator under paragraph (2) of this subsec-
tion, the Administrator shall modify, terminate, or revoke such 
permit and the permitting authority may thereafter only issue a 
revised permit in accordance with subsection (c). 
"(c) ISSUANCE OR DENIAL.—If the permitting authority fails, 
within 90 days after the date of an objection under subsection (b), to 
submit a permit revised to meet the objection, the Administrator 
shall issue or deny the permit in accordance with the requirements 
of this title. No objection shall be subject to judicial review until the 
Administrator takes final action to issue or deny a permit under this 
subsection. 
"(d) WAIVER OF NOTIFICATION REQUIREMENTS.—(1) The Adminis-
trator may waive the requirements of subsections (a) and (b) at the 
time of approval of a permit program under this title for any 
category (including any class, type, or size within such category) of 
sources covered by the program other than major sources. 
"(2) The Administrator may, by regulation, establish categories of 
sources (including any class, type, or size within such category) to 
which the requirements of subsections (a) and (b) shall not apply. 
The preceding sentence shall not apply to major sources. 
"(3) The Administrator may exclude from any waiver under this 
subsection notification under subsection (a)(2). Any waiver granted 
under this subsection may be revoked or modified by the Adminis-
trator by rule. 
"(e) REFUSAL OF PERMITTING AUTHORITY TO TERMINATE, MODIFY, 
O
R REVOKE AND REISSUE.—If the Administrator finds that cause 
exists to terminate, modify, or revoke and reissue a permit under 
this title, the Administrator shall notify the permitting authority 
and the source of the Administrator's finding. The permitting 
authority shall, within 90 days after receipt of such notification, 
forward to the Administrator under this section a proposed deter-
mination of termination, modification, or revocation and reissuance, 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2645 
as appropriate. The Administrator may extend such 90 day period 
for an additional 90 days if the Administrator finds that a new or 
revised permit application is necessary, or that the permitting 
authority must require the permittee to submit additional informa-
tion. The Administrator may review such proposed determination 
under the provisions of subsections (a) and Qy). If the permitting 
authority fails to submit the required proposed determination, or if 
the Administrator objects and the permitting authority fails to 
resolve the objection within 90 days, the Administrator may, after 
notice and in accordance with fair and reasonable procedures, termi-
nate, modify, or revoke and reissue the permit. 
"SEC. 506. OTHER AUTHORITIES. 
"(a) IN GENERAL.—Nothing in this title shall prevent a State, or 
interstate permitting authority, from establishing additional permit-
ting requirements not inconsistent with this Act. 
"(b) PERMITS IMPLEMENTING ACID RAIN PROVISIONS.—The provi-
sions of this title, including provisions regarding schedules for 
submission and approval or disapproval of permit applications, shall 
apply to permits implementing the requirements of title IV except 
as modified by that title. 
"SEC. 507. SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND 
ENVIRONMENTAL COMPLIANCE ASSISTANCE PROGRAM. 
"(a) PLAN REVISIONS.—Consistent with sections 110 and 112, each 
State shall, after reasonable notice and public hearings, adopt and 
submit to the Administrator as part of the State implementation 
plan for such State or as a revision to such State implementation 
plan under section 110, plans for establishing a small business 
stationary source technical and environmental compliance assist-
ance program. Such submission shall be made within 24 months 
after the date of the enactment of the Clean Air Act Amendments of 
1990. The Administrator shall approve such program if it includes 
each of the following: 
"(1) Adequate mechanisms for developing, collecting, and co-
ordinating information concerning compliance methods and 
technologies for small business stationary sources, and pro-
grams to encourage lawful cooperation among such sources and 
other persons to further compliance with this Act. 
"(2) Adequate mechanisms for assisting small business 
stationary sources with pollution prevention and accidental 
release detection and prevention, including providing informa-
tion concerning alternative technologies, process changes, prod-
ucts, and methods of operation that help reduce air pollution. 
"(3) A designated State office within the relevant State 
agency to serve as ombudsman for small business stationary 
sources in connection with the implementation of this Act. 
"(4) A compliance assistance program for small business 
stationary sources which assists small business stationary 
sources in determining applicable requirements and in receiv-
ing permits under this Act in a timely and efficient manner. 
"(5) Adequate mechanisms to assure that small business 
stationary sources receive notice of their rights under this Act 
in such manner and form as to assure reasonably adequate time 
for such sources to evaluate compliance methods and any rel-
evant or applicable proposed or final regulation or standard 
issued under this Act. 
42 use 7661e. 
42 use 7661f. 
104 STAT. 2646 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(6) Adequate mechanisms for informing small business 
stationary sources of their obligations under this Act, including 
mechanisms for referring such sources to qualified auditors or, 
at the option of the State, for providing audits of the operations 
of such sources to determine compliance with this Act. 
"{!) Procedures for consideration of requests from a small 
business stationary source for modification o
f
— 
"(A) any work practice or technological method of compli-
ance, or 
"(B) the schedule of milestones for implementing such 
work practice or method of compliance preceding any ap-
plicable compliance date, 
based on the technological and financial capability of any such 
small business stationary source. No such modification may be 
granted unless it is in compliance with the applicable require-
ments of this Act, including the requirements of the applicable 
implementation plan. Where such applicable requirements are 
set forth in Federal regulations, only modifications authorized 
in such regulations may be allowed. 
"(b) PROGRAM.—The Administrator shall establish within 9 
months after the date of the enactment of the Clean Air Act 
Amendments of 1990 a small business stationary source technical 
and environmental compliance assistance program. Such program 
shall— 
"(1) assist the States in the development of the program 
required under subsection (a) (relating to assistance for small 
business stationary sources); 
"(2) issue guidance for the use of the States in the im-
plementation of these programs that includes alternative con-
trol technologies and pollution prevention methods applicable 
to small business stationary sources; and 
"(3) provide for implementation of the program provisions 
required under subsection (a)(4) in any State that fails to submit 
such a program under that subsection. 
"(c) ELIGIBILITY.—(1) Except as provided in paragraphs (2) and (3), 
for purposes of this section, the term 'small business stationary 
source' means a stationary source that— 
"(A) is owned or operated by a person that employs 100 or 
fewer individuals, 
"(B) is a small business concern as defined in the Small 
Business Act; 
"(C) is not a major stationary source; 
"(D) does not emit 50 tons or more per year of any regulated 
pollutant; and 
"(E) emits less than 75 tons per year of all regulated 
pollutants. 
"(2) Upon petition by a source, the State may, after notice and 
opportunity for public comment, include as a small business station-
ary source for purposes of this section any stationary source which 
does not meet the criteria of subparagraphs (C), (D), or (E) of 
paragraph (1) but which does not emit more than 100 tons per year 
of all regulated pollutants. 
"(3)(A) The Administrator, in consultation with the Administrator 
of the Small Business Administration and after providing notice and 
opportunity for public comment, may exclude from the small busi-
ness stationary source definition under this section any category or 
subcategory of sources that the Administrator determines to have 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2647 
sufficient technical and financial capabilities to meet the require-
ments of this Act without the application of this subsection. 
"(B) The State, in consultation with the Administrator and the 
Administrator of the Small Business Administration and after 
providing notice and opportunity for public hearing, may exclude 
from the small business stationary source definition under this 
section any category or subcategory of sources that the State deter-
mines to have sufficient technical and financial capabilities to meet 
the requirements of this Act without the application of this 
subsection. 
"(d) MONITORING.—The Administrator shall direct the Agency's 
Office of Small and Disadvantaged Business Utilization through the 
Small Business Ombudsman (hereinafter in this section referred to 
as the 'Ombudsman') to monitor the small business stationary 
source technical and environmental compliance Eissistance program 
under this section. In carrying out such monitoring activities, the 
Ombudsman shall— 
"(1) render advisory opinions on the overall effectiveness of 
the Small Business Stationary Source Technical and Environ-
mental Compliance Assistance Program, difficulties encoun-
tered, and degree and severity of enforcement; 
"(2) make periodic reports to the Congress on the compliance Reports, 
of the Small Business Stationary Source Technical and Environ-
mental Compliance Assistance Program with the requirements 
of the Paperwork Reduction Act, the Regulatory Flexibility Act, 
and the Equal Access to Justice Act; 
"(3) review information to be issued by the Small Business 
Stationary Source Technical and Environmental Compliance 
Assistance Program for small business stationary sources to 
ensure that the information is understandable by the layperson; 
and 
"(4) have the Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program serve as the 
secretariat for the development and dissemination of such re-
ports and advisory opinions. 
"(e) CoMPUANCE ADVISORY PANEL.—(1) There shall be created a 
Compliance Advisory Panel (hereinafter referred to as the 'Panel') 
on the State level of not less than 7 individuals. This Panel shall— 
"(A) render advisory opinions concerning the effectiveness of 
the small business stationary source technical and environ-
mental compliance assistance program, difficulties encountered, 
and degree and severity of enforcement; 
"(B) make periodic reports to the Administrator concerning Reports, 
the compliance of the State Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program 
with the requirements of the Paperwork Reduction Act, the 
Regulatory Flexibility Act, and the Equal Access to Justice Act; 
"(C) review information for small business stationary sources 
to assure such information is understandable by the layperson; 
and 
"(D) have the Small Business Stationary Source Technical 
and Environmental Compliance Assistance Program serve as 
the secretariat for the development and dissemination of such 
reports and advisory opinions. 
"(2) The Panel shall consist of— 
104 STAT. 2648 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(A) 2 members, who are not owners, or representatives of 
owners, of small business stationary sources, selected by the 
Governor to represent the general public; 
"(B) 2 members selected by the State legislature who are 
owners, or who represent owners, of small business stationary 
sources (1 member each by the majority and minority leader-
ship of the lower house, or in the case of a unicameral State 
legislature, 2 members each shall be selected by the majority 
leadership and the minority leadership, respectively, of such 
legislature, and subparagraph (C) shall not apply); 
"(C) 2 members selected by the State legislature who are 
owners, or who represent owners, of small business stationary 
sources (1 member each by the majority and minority leader-
ship of the upper house, or the equivalent State entity); and 
"(D) 1 member selected by the head of the department or 
agency of the State responsible for air pollution permit pro-
grams to represent that agency. 
"(f) FEES.—The State (or the Administrator) may reduce any fee 
required under this Act to take into account the financial resources 
of small business stationary sources. 
"(g) CONTINUOUS EMISSION MONITORS.—In developing regulations 
and CTGs under this Act that contain continuous emission monitor-
ing requirements, the Administrator, consistent with the require-
ments of this Act, before applying such requirements to small 
business stationary sources, shall consider the necessity and appro-
priateness of such requirements for such sources. Nothing in this 
subsection shall affect the applicability of title IV provisions relat-
ing to continuous emissions monitoring. 
"(h) CONTROL TECHNIQUE GUIDEUNES.—The Administrator shall 
consider, consistent with the requirements of this Act, the size, type, 
and technical capabilities of small business stationary sources (and 
sources which are eligible under subsection (c)(2) to be treated as 
small business stationary sources) in developing CTGs applicable to 
such sources under this Act.". 
TITLE VI—STRATOSPHERIC OZONE 
PROTECTION 
TITLE VI—STRATOSPHERIC OZONE PROTECTION 
Sec. 601. Part B repeal. 
Sec. 602. Stratospheric ozone protection. 
Sec. 603. Methane studies. 
SEC. 601. PART B REPEAL. 
Part B of title I of the Clean Air Act entitled "Ozone Protection", 
42 use 
sections 150 through 159, is hereby repealed. 
7450-7459. 
SEC. 602. STRATOSPHERIC OZONE PROTECTION. 
(a) NEW TITLE VI.—The Clean Air Act is amended by adding the 
following new title after title V: 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2649 
"TITLE VI—STRATOSPHERIC OZONE 
PROTECTION 
"TABLE OF CONTENTS 
'Sec. 601. Definitions. 
'Sec. 602. Listing of class I and class II substances. 
'Sec. 603. Monitoring and reporting requirements. 
'Sec. 604. Phase-out of production and consumption of class I substances. 
'Sec. 605. Phase-out of production and consumption of class II substances. 
'Sec. 606. Accelerated schedule. 
'Sec. 607. Exchanges. 
'Sec. 608. National recycling and emission reduction program. 
'Sec. 609. Servicing of motor vehicle air conditioners. 
'Sec. 610. Nonessential products containing chlorofluorocarbons. 
'Sec. 611. Labeling. 
"Sec. 612. Safe alternatives policy. 
'Sec. 613. Federal procurement. 
"Sec. 614. Relationship to other law. 
"Sec. 615. Authority of Administrator. 
'Sec. 616. Transfers among Parties to the Montreal Protocol. 
"Sec. 617. International cooperation. 
"Sec. 618. Miscellaneous. 
•SEC. 601. DEFINITIONS. 
* 
42 USC 7671. 
"As used in this title— 
"(1) APPUANCE.—The term 'appliance' means any device 
which contains and uses a class I or class II substance as a 
refrigerant and which is used for household or commercial 
purposes, including any air conditioner, refrigerator, chiller, or 
freezer. 
"(2) BASELINE YEAR.—The term 'baseline year' means— 
"(A) the calendar year 1986, in the case of any class I 
substance listed in Group I or II under section 602(a), 
"(B) the calendar year 1989, in the case of any class I 
substance listed in Group III, IV, or V under section 602(a), 
and 
"(C) a representative calendar year selected by the 
Administrator, in the case o
f
— 
"(i) any substance added to the list of class I sub-
stances after the publication of the initial list under 
section 602(a), and 
"(ii) any class II substance. 
"(3) CLASS I SUBSTANCE.—The term 'class I substance' means 
each of the substances listed as provided in section 602(a). 
"(4) CLASS II SUBSTANCE.—The term 'class II substance' means 
each of the substances listed as provided in section 602(b). 
"(5) COMMISSIONER.—The term 'Commissioner' means the 
Commissioner of the Food and Drug Administration. 
"(6) CONSUMPTION.—The term 'consumption' means, with re-
spect to any substance, the amount of that substance produced 
in the United States, plus the amount imported, minus the 
amount exported to Parties to the Montreal Protocol. Such term 
shall be construed in a manner consistent with the Montreal 
Protocol. 
"(7) IMPORT.—The term 'import' means to land on, bring into, 
or introduce into, or attempt to land on, bring into, or introduce 
into, any place subject to the jurisdiction of the United States, 
whether or not such landing, bringing, or introduction con-
104 STAT. 2650 
PUBLIC LAW 101-549—NOV. 15, 1990 
stitutes an importation within the meaning of the customs laws 
of the United States. 
"(8) MEDICAL DEVICE.—The term 'medical device' means any 
device (as defined in the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 321)), diagnostic product, drug (as defined in the 
Federal Food, Drug, and Cosmetic Act), and drug delivery 
system— 
"(A) if such device, product, drug, or drug delivery system 
utilizes a class I or clsiss II substance for which no safe and 
effective alternative has been developed, and where nec-
essary, approved by the Commissioner; and 
"(B) if such device, product, drug, or drug delivery 
system, has, after notice and opportunity for public com-
ment, been approved and determined to be essential by the 
Commissioner in consultation with the Administrator. 
"(9) MONTREAL PROTOCOL.—The terms 'Montreal Protocol' and 
'the Protocol' mean the Montreal Protocol on Substances that 
Deplete the Ozone Layer, a protocol to the Vienna Convention 
for the Protection of the Ozone Layer, including adjustments 
adopted by Parties thereto and amendments that have entered 
into force. 
"(10) OZONE-DEPLETION POTENTIAL.—The term 'ozone-depletion 
potential' means a factor established by the Administrator to 
reflect the ozone-depletion potential of a substance, on a mass 
per kilogram basis, as compared to chlorofluorocarbon-11 
(CFC-11). Such factor shall be based upon the substance's at-
mospheric lifetime, the molecular weight of bromine and chlo-
rine, and the substance's ability to be photoljrtically disasso-
ciated, and upon other factors determined to be an accurate 
measure of relative ozone-depletion potential. 
"(11) PRODUCE, PRODUCED, AND PRODUCTION.—The terms 
'produce', 'produced', and 'production', refer to the manufacture 
of a substance from any raw material or feedstock chemical, but 
such terms do not include— 
"(A) the manufacture of a substance that is used and 
entirely consumed (except for trace quantities) in the manu-
facture of other chemicals, or 
"(B) the reuse or recycling of a substance. 
42 u s e 7671a. 
"SEC. 602. LISTING OF CLASS I AND CLASS II SUBSTANCES. 
"(a) LIST OF CLASS I SUBSTANCES.—Within 60 days after enactment 
of the Clean Air Act Amendments of 1990, the Administrator shall 
publish an initial list of class I substances, which list shall contain 
the following substances: 
Group I 
chlorofluorocarbon-ll (CFC-11) 
chloronuorocarbon-12 (CFC-12) 
chlorofluorocarbon-113 (CFC-113) 
chlorofluorocarbon-114 (CFC-114) 
chlorofluorocarbon-115 (CFC-115) 
Group II 
halon-1211 
halon-1301 
halon-2402 
Group III 
chlorofluorocarbon-13 (CFC-13) 
chlorofluorocarbon-lll (CFC-111) 
chlorofluorocarbon-112 {CFC-112) 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2651 
chloronuorocarbon-211 (CFC-211) 
chlorofluorocarbon-212 (CFC-212) 
chlorofluorocarbon-213 (CFC-213) 
chlorofluorocarbon-214 (CFC-214) 
chloronuorocarbon-215 (CFC-215) 
chlorofluorocarbon-216 (CFC-216) 
chlorofluorocarbon-217 (CFC-217) 
Group IV 
carbon tetrachloride 
Group V 
methyl chloroform 
The initial list under this subsection shall also include the isomers 
of the substances listed above, other than 1,1,2-trichloroethane (an 
isomer of methyl chloroform). Pursuant to subsection (c), the 
Administrator shall add to the list of class I substances any other 
substance that the Administrator finds causes or contributes signifi-
cantly to harmful effects on the stratospheric ozone layer. The 
Administrator shall, pursuant to subsection (c), add to such list all 
substances that the Administrator determines have an ozone deple-
tion potential of 0.2 or greater. 
"(h) LIST OF CLASS II SUBSTANCES.—Simultaneously with publica-
tion of the initial list of class I substances, the Administrator shall 
publish an initial list of class II substances, which shall contain the 
following substances: 
hydrochlorofluorocarbon-21 (HCFC-21) 
hydrochlorofluorocarbon-22(HCFC-22) 
hydrochlorofluorocarbon-31 (HCFC-31) 
hydrochlorofluorocarbon-121 (HCFC-121) 
hydrochlorofluorocarbon-122(HCFC-122) 
hydrochlorofluorocarbon-123(HCFC-123) 
hydrochlorofluorocarbon-124 (HCFC-124) 
hydrochlorofluorocarbon-131 (HCFC-131) 
hydrochlorofluorocarbon-132 (HCFC-132) 
hydrochlorofluorocarbon-133(HCFC-133) 
hydrochlorofluorocarbon-141 (HCFC-141) 
hydrochlorofluorocarbon-142 (HCFC-142) 
hydrochlorofluorocarbon-221 (HCFC-221) 
hydrochlorofluorocarbon-222(HCFC-222) 
hydrochlorofluorocarbon-223 (HCFC-223) 
hydrochlorofluorocarbon-224(HCFC-224) 
hydrochlorofluorocarbon-225 (HCFC-225) 
hydrochlorofluorocarbon-226 (HCFC-226) 
hydrochlorofluorocarbon-231 (HCFC-231) 
hydrochlorofluorocarbon-232 (HCFC-232) 
hydrochloronuorocarbon-233 (HCFC-233) 
hydrochlorofluorocarbon-234 (HCFC-234) 
hydrochlorofluorocarbon-235 (HCFC-235) 
hydrochlorofluorocarbon-241 (HCFC-241) 
hydrochlorofluorocarbon-242(HCFC-242) 
hydrochloronuorocarbon-243 (HCFC-243) 
hydrochlorofluorocarbon-244 (HCFC-244) 
hydrochlorofluorocarbon-251 (HCFC-251) 
hydrochlorofluorocarbon-252 (HCFC-252) 
hydrochlorofluorocarbon-253 (HCFC-253) 
hydrochlorofluorocarbon-261 (HCFC-261) 
hydrochlorofluorocarbon-262(HCFC-262) 
hydrochlorofluorocarbon-271 (HCFC-271) 
^ 
The initial list under this subsection shall also include the isomers 
of the substances listed above. Pursuant to subsection (c), the 
Administrator shall add to the list of class II substances any other 
substance that the Administrator finds is known or may reasonably 
be anticipated to cause or contribute to harmful effects on the 
stratospheric ozone layer. 
104 STAT. 2652 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(c) ADDITIONS TO THE LISTS.—(1) The Administrator may add, by 
rule, in accordance with the criteria set forth in subsection (a) or (b), 
as the case may be, any substance to the list of class I or class II 
substances under subsection (a) or (b). For purposes of exchanges 
under section 507, whenever a substance is added to the list of class I 
substances the Administrator shall, to the extent consistent with 
the Montreal Protocol, assign such substance to existing Group I, II, 
III, IV, or V or place such substance in a new Group. 
"(2) Periodically, but not less frequently than every 3 years after 
the enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall list, by rule, as additional class I or class II 
substances those substances which the Administrator finds meet the 
criteria of subsection (a) or Qo), as the case may be. 
"(3) At any time, any person may petition the Administrator to 
add a substance to the list of class I or class II substances. Pursuant 
to the criteria set forth in subsection (a) or 0^) as the case may be, 
within 180 days after receiving such a petition, the Administrator 
shall either propose to add the substance to such list or publish an 
explanation of the petition denial. In any case where the Adminis-
trator proposes to add a substance to such list, the Administrator 
shall add, by rule, (or make a final determination not to add) such 
substance to such list within 1 year after receiving such petition. 
Any petition under this paragraph shall include a showing by the 
petitioner that there are data on the substance adequate to support 
the petition. If the Administrator determines that information on 
the substance is not sufficient to make a determination under this 
paragraph, the Administrator shall use any authority available to 
the Administrator, under any law administered by the Adminis-
trator, to acquire such information. 
"(4) Only a class II substance which is added to the list of class I 
substances may be removed from the list of class II substances. No 
substance referred to in subsection (a), including methyl chloroform, 
may be removed from the list of class I substances. 
"(d) NEW LISTED SUBSTANCES.—In the case of any substance added 
to the list of class I or class II substances after publication of the 
initial list of such substances under this section, the Administrator 
may extend any schedule or compliance deadline contained in sec-
tion 604 or 605 to a later date than specified in such sections if such 
schedule or deadline is unattainable, considering when such sub-
stance is added to the list. No extension under this subsection may 
extend the date for termination of production of any CIEISS I sub-
stance to a date more than 7 years after January 1 of the year after 
the year in which the substance is added to the list of class I 
substances. No extension under this subsection may extend the date 
for termination of production of any class II substance to a date 
more than 10 years after January 1 of the year after the year in 
which the substance is added to the list of class II substances. 
"(e) 
OZONE-DEPLETION AND GLOBAL WARMING POTENTIAL.—Si-
multaneously with publication of the lists under this section and 
simultaneously with any addition to either of such lists, the 
Administrator shall assign to each listed substance a numerical 
value representing the substance's ozone-depletion potential. In 
addition, the Administrator shall publish the chlorine and bromine 
loading potential and the atmospheric lifetime of each listed sub-
stance. One year after enactment of the Clean Air Act Amendments 
of 1990 (one year after the addition of a substance to either of such 
lists in the case of a substance added after the publication of the 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2653 
initial lists of such substances), and after notice and opportunity for 
public comment, the Administrator shall publish the global warm-
ing potential of each listed substance. The preceding sentence shall 
not be construed to be the basis of any additional regulation under 
this Act. In the case of the substances referred to in table 1, the 
ozone-depletion potential shall be as specified in table 1, unless the 
Administrator adjusts the substance's ozone-depletion potential 
based on criteria referred to in section 601(10): 
"TABLE 1 
chlorofluorocarbon-11 (CFC-11) 
1.0 
chlorofluorocarbon-12 (CFC-12) 
1.0 
chlorofluorocarbon-13 (CFC-13) 
1.0 
chlorofluorocarbon-lll (CFC-111) 
1.0 
chlorofluorocarbon-112 (CFC-112) 
1.0 
chIorofluorocarbon-113 (CFC-113) 
0.8 
chlorofluorocarbon-114 (CFC-114) 
1.0 
chlorofluorocarbon-115 (CFC-115) 
0.6 
chIorofluorocarbon-211 (CFC-211) 
1.0 
chlorofluorocarbon-212 (CFC-212) 
1.0 
chlorofluorocarbon-213 (CFC-213) 
1.0 
chlorofluorocarbon-214 (CFC-214) 
1.0 
chlorofluorocarbon-215 (CFC-215) 
1.0 
chlorofluorocarbon-216 (CFC-216) 
1.0 
chlorofluorocarbon-217 (CFC-217) 
1.0 
halon-1211 
3.0 
halon-1301 
10.0 
halon-2402 
6.0 
carbon tetrachloride 
1.1 
methyl chloroform 
0.1 
hydrochlorofluorocarbon-22 (HCFC-22) 
0.05 
hydrochlorofluorocarbon-123(HCFC-123) 
0.02 
hydrochlorofluorocarbon-124 (HCFC-124) 
0.02 
hydrochlorofluorocarbon-141(b)(HCFC-141(b)) 
0.1 
hydrochlorofluorocarbon-142(b) (HCFC-142(b)) 
0.06 
Where the ozone-depletion potential of a substance is specified in 
the Montreal Protocol, the ozone-depletion potential specified for 
that substance under this section shall be consistent with the Mon-
treal Protocol. 
"SEC. 603. MONITORING AND REPORTING REQUIREMENTS. 
42 USC 7671b. 
"(a) REGULATIONS.—Within 270 days after the enactment of the 
Clean Air Act Amendments of 1990, the Administrator shall amend 
the regulations of the Administrator in effect on such date regard-
ing monitoring and reporting of class I and class II substances. Such 
amendments shall conform to the requirements of this section. The 
amended regulations shall include requirements with respect to the 
time and manner of monitoring and reporting £is required under this 
section. 
"(h) PRODUCTION, IMPORT, AND EXPORT LEVEL REPORTS.—On a 
quarterly basis, or such other basis (not less than annually) as 
determined by the Administrator, each person who produced, im-
ported, or exported a class I or class II substance shall file a report 
with the Administrator setting forth the amount of the substance 
that such person produced, imported, and exported during the 
104 STAT. 2654 
PUBLIC LAW 101-549—NOV. 15, 1990 
preceding reporting period. Each such report shall be signed and 
attested by a responsible officer. No such report shall be required 
from a person after April 1 of the calendar year after such person 
permanently ceases production, importation, and exportation of the 
substance and so notifies the Administrator in writing. 
"(c) BASELINE REPORTS FOR CLASS I SUBSTANCES.—Unless such 
information has previously been reported to the Administrator, on 
the date on which the first report under subsection (b) is required to 
be filed, each person who produced, imported, or exported a class I 
substance (other than a substance added to the list of class I 
substances after the publication of the initial list of such substances 
under this section) shall file a report with the Administrator setting 
forth the amount of such substance that such person produced, 
imported, and exported during the baseline year. In the case of a 
substance added to the list of class I substances after publication of 
the initial list of such substances under this section, the regulations 
shall require that each person who produced, imported, or exported 
such substance shall file a report with the Administrator within 180 
days after the date on which such substance is added to the list, 
setting forth the amount of the substance that such person pro-
duced, imported, and exported in the baseline year. 
"(d) MONITORING AND REPORTS TO CONGRESS.—(1) The Adminis-
trator shall monitor and, not less often than every 3 years following 
enactment of the Clean Air Act Amendments of 1990, submit a 
report to Congress on the production, use and consumption of class I 
and class II substances. Such report shall include data on domestic 
production, use and consumption, and an estimate of worldwide 
production, use and consumption of such substances. Not less fre-
quently than every 6 years the Administrator shall report to Con-
gress on the environmental 
and 
economic effects 
of any 
stratospheric ozone depletion. 
"(2) The Administrators of the National Aeronautics and Space 
Administration 
and the National 
Oceanic and 
Atmospheric 
Administration shall monitor, and not less often than every 3 years 
following enactment of the Clean Air Act Amendments of 1990, 
submit a report to Congress on the current average tropospheric 
concentration of chlorine and bromine and on the level of strato-
spheric ozone depletion. Such reports shall include updated projec-
tions o
f
— 
"(A) peak chlorine loading; 
"(B) the rate at which the atmospheric abundance of chlorine 
is projected to decrease after the year 2000; and 
"(C) the date by which the atmospheric abundance of chlorine 
is projected to return to a level of two parts per billion. 
Such updated projections shall be made on the basis of current 
international and domestic controls on substances covered by this 
title as well as on the basis of such controls supplemented by a year 
2000 global phase out of all halocarbon emissions (the base case). It 
is the purpose of the Congress through the provisions of this section 
to monitor closely the production and consumption of class II sub-
stances to assure that the production and consumption of such 
substances will not: 
"(i) increase significantly the peak chlorine loading that is 
projected to occur under the base case established for purposes 
of this section; 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2655 
"(ii) reduce significantly the rate at which the atmospheric 
abundance of chlorine is projected to decrease under the base 
case; or 
"(iii) delay the date by which the average atmospheric con-
centration of chlorine is projected under the base case to return 
to a level of two parts per billion. 
"(e) TECHNOLOGY STATUS REPORT IN 2015.—The Administrator 
shall review, on a periodic basis, the progress being made in the 
development of alternative systems or products necessary to manu-
facture and operate appliances without class II substances. If the 
Administrator finds, after notice and opportunity for public com-
ment, that as a result of technological development problems, the 
development of such alternative systems or products will not occur 
within the time necessary to provide for the manufacture of such 
equipment without such substances prior to the applicable deadlines 
under section 605, the Administrator shall, not later than Janu-
ary 1, 2015, so inform the Congress. 
"(f) EMERGENCY REPORT.—If, in consultation with the Administra-
tors of the National Aeronautics and Space Administration and the 
National Oceanic and Atmospheric Administration, and after notice 
and opportunity for public comment, the Administrator determines 
that the global production, consumption, and use of class II sub-
stances are projected to contribute to an atmospheric chlorine load-
ing in excess of the base case projections by more than ^loths parts 
per billion, the Administrator shall so inform the Congress imme-
diately. The determination referred to in the preceding sentence 
shall be based on the monitoring under subsection (d) and updated 
not less often than every 3 years. 
"SEC. 604. PHASE-OUT OF PRODUCTION AND CONSUMPTION OF CLASS I 42 USC 7671c. 
SUBSTANCES. 
"(a) PRODUCTION PHASE-OUT.—Effective on January 1 of each year 
specified in Table 2, it shall be unlawful for any person to produce 
any cleiss I substance in an annual quantity greater than the 
relevant percentage specified in Table 2. The percentages in Table 2 
refer to a maximum allowable production as a percentage of the 
quantity of the substance produced by the person concerned in the 
baseline year. 
"Date 
"1991 
"1992 
"1993 
"1994 
"1995 
"1996 
"1997 
"1998 
"1999 
"2000 
"2001 
"TABLE 2 
Carbon tetrachloride 
c h S S m 
100% 
100% 
90% 
100% 
80% 
90% 
70% 
85% 
15% 
70% 
15% 
50% 
15% 
50% 
15% 
50% 
15% 
50% 
20% 
20% 
Other class I 
substances 
.... 85% 
.... 80% 
.... 75% 
.... 65% 
.... 50% 
.... 40% 
.... 15% 
.... 15% 
.... 15% 
"(b) TERMINATION OF PRODUCTION OF CLASS I SUBSTANCES.—Effec-
tive January 1, 2000 (January 1, 2002 in the case of methyl chloro-
104 STAT. 2656 
PUBLIC LAW 101-549—NOV. 15, 1990 
form), it shall be unlawful for any person to produce any amount of 
a class I substance. 
"(c) REGULATIONS REGARDING PRODUCTION AND CONSUMPTION OF 
CLASS I SUBSTANCES.—The Administrator shall promulgate regula-
tions within 10 months after the enactment of the Clean Air Act 
Amendments of 1990 phasing out the production of class I sub-
stances in accordance with this section and other applicable 
provisions of this title. The Administrator shall also promulgate 
regulations to insure that the consumption of class I substances in 
the United States is phased out and terminated in accordance with 
the same schedule (subject to the same exceptions and other provi-
sions) as is applicable to the phase-out and termination of produc-
tion of class I substances under this title. 
"(d) EXCEPTIONS FOR ESSENTIAL USES OF METHYL CHLOROFORM, 
MEDICAL DEVICES, AND AVIATION SAFETY.— 
"(1) ESSENTIAL USES OF METHYL CHLOROFORM.—Notwithstand-
ing the termination of production required by subsection (b), 
during the period beginning on January 1, 2002, and ending on 
January 1, 2005, the Administrator, after notice and oppor-
tunity for public comment, may, to the extent such action is 
consistent with the Montreal Protocol, authorize the production 
of limited quantities of methyl chloroform solely for use in 
essential applications (such as nondestructive testing for metal 
fatigue and corrosion of existing airplane engines and airplane 
parts susceptible to metal fatigue) for which no safe and effec-
tive substitute is available. Notwithstanding this paragraph, the 
authority to produce methyl chloroform for use in medical 
devices shall be provided in accordance with paragraph (2). 
"(2) MEDICAL DEVICES.—Notwithstanding the termination of 
production required by subsection (b), the Administrator, after 
notice and opportunity for public comment, shall, to the extent 
such action is consistent with the Montreal Protocol, authorize 
the production of limited quantities of class I substances solely 
for use in medical devices if such authorization is determined by 
the Commissioner, in consultation with the Administrator, to be 
necessary for use in medical devices. 
"(3) AVIATION SAFETY.—(A) Notwithstanding the termination 
of production required by subsection (b), the Administrator, 
after notice and opportunity for public comment, may, to the 
extent such action is consistent with the Montreal Protocol, 
authorize the production of limited quantities of halon-1211 
(bromochlorodifluoromethane), 
halon-1301 
(bromotrifluoro-
methane), and halon-2402 (dibromotetrafluoroethane) solely for 
purposes of aviation safety if the Administrator of the Federal 
Aviation Administration, in consultation with the Adminis-
trator, determines that no safe and effective substitute has been 
developed and that such authorization is necessary for aviation 
safety purposes. 
Reports. 
"(B) The Administrator of the Federal Aviation Administra-
tion shall, in consultation with the Administrator, examine 
whether safe and effective substitutes for methyl chloroform or 
alternative techniques will be available for nondestructive test-
ing for metal fatigue and corrosion of existing airplane engines 
and airplane parts susceptible to metal fatigue and whether an 
exception for such uses of methyl chloroform under this para-
graph will be necessary for purposes of airline safety after 
January 1, 2005 and provide a report to Congress in 1998. 
PUBLIC LAW 101-549-NOV. 15, 1990 
104 STAT. 2657 
"(4) CAP ON CERTAIN EXCEPTIONS.—Under no circumstances 
may the authority set forth in paragraphs (1), (2), and (3) of 
subsection (d) be applied to authorize any person to produce a 
class I substance in annual quantities greater than 10 percent of 
that produced by such person during the baseline year. 
"(e) DEVELOPING COUNTRIES.— 
"(1) EXCEPTION.—Notwithstanding the phase-out and termi-
nation of production required under subsections (a) and (b), the 
Administrator, after notice and opportunity for public com-
ment, may, consistent with the Montreal Protocol, authorize the 
production of limited quantities of a class I substance in excess 
of the amounts otherwise allowable under subsection (a) or (b), 
or both, solely for export to, and use in, developing countries 
that are Parties to the Montreal Protocol and are operating 
under article 5 of such Protocol. Any production authorized 
under this paragraph shall be solely for purposes of satisfying 
the basic domestic needs of such countries. 
"(2) CAP ON EXCEPTION.—(A) Under no circumstances may the 
authority set forth in paragraph (1) be applied to authorize any 
person to produce a class I substance in any year for which a 
production percentage is specified in Table 2 of subsection (a) in 
an annual quantity greater than the specified percentage, plus 
an amount equal to 10 percent of the amount produced by such 
person in the baseline year. 
"(B) Under no circumstances may the authority set forth in 
paragraph (1) be applied to authorize any person to produce a 
class I substance in the applicable termination year referred to 
in subsection (b), or in any year thereafter, in an annual 
quantity greater than 15 percent of the baseline quantity of 
such substance produced by such person. 
"(C) An exception authorized under this subsection shall 
terminate no later than January 1, 2010 (2012 in the case of 
methyl chloroform). 
"(f) NATIONAL SECURITY.—The President may, to the extent such 
action is consistent with the Montreal Protocol, issue such orders 
regarding production and use of CFC-114 (chlorofluorocarbon-114), 
halon-1211, halon-1301, and halon-2402, at any specified site or 
facility or on any vessel as may be necessary to protect the national 
security interests of the United States if the President finds that 
adequate substitutes are not available and that the production and 
use of such substance are necessary to protect such national security 
interest. Such orders may include, where necessary to protect such 
interests, an exemption from any prohibition or requirement con-
tained in this title. The President shall notify the Congress within 
30 days of the issuance of an order under this paragraph providing 
for any such exemption. Such notification shall include a statement 
of the reasons for the granting of the exemption. An exemption 
under this paragraph shall be for a specified period which may not 
exceed one year. Additional exemptions may be granted, each upon 
the President's issuance of a new order under this paragraph. Each 
such additional exemption shall be for a specified period which may 
not exceed one year. No exemption shall be granted under this 
paragraph due to lack of appropriation unless the President shall 
have specifically requested such appropriation as a part of the 
budgetary process and the Congress shall have failed to make 
available such requested appropriation. 
104 STAT. 2658 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(g) FIRE SUPPRESSION AND EXPLOSION PREVENTION.—(1) Notwith-
standing the production phase-out set forth in subsection (a), the 
Administrator, after notice and opportunity for public comment, 
may, to the extent such action is consistent with the Montreal 
Protocol, authorize the production of limited quantities of halon-
1211, halon-1301, and halon-2402 in excess of the amount otherwise 
permitted pursuant to the schedule under subsection (a) solely for 
purposes of fire suppression or explosion prevention if the Adminis-
trator, in consultation with the Administrator of the United States 
Fire Administration, determines that no safe and effective sub-
stitute has been developed and that such authorization is necessary 
for fire suppression or explosion prevention purposes. The Adminis-
trator shall not authorize production under this paragraph for 
purposes of fire safety or explosion prevention training or testing of 
fire suppression or explosion prevention equipment. In no event 
shall the Administrator grant an exception under this paragraph 
that permits production after December 31,1999. 
"(2) The Administrator shall periodically monitor and assess the 
status of efforts to obtain substitutes for the substances referred to 
in paragraph (1) for purposes of fire suppression or explosion preven-
tion and the probability of such substitutes being available by 
December 31, 1999. The Administrator, as part of such assessment, 
shall consider any relevant assessments under the Montreal Proto-
col and the actions of the Parties pursuant to Article 2B of the 
Montreal Protocol in identifying essential uses and in permitting a 
level of production or consumption that is necessary to satisfy such 
uses for which no adequate alternatives are available after Decem-
Reports. 
her 31, 1999. The Administrator shall report to Congress the results 
of such assessment in 1994 and again in 1998. 
"(3) Notwithstanding the termination of production set forth in 
subsection (b), the Administrator, after notice and opportunity for 
public comment, may, to the extent consistent with the Montreal 
Protocol, authorize the production of limited quantities of halon-
1211, halon-1301, and halon-2402 in the period after December 31, 
1999, and before December 31, 2004, solely for purposes of fire 
suppression or explosion prevention in association with domestic 
production of crude oil and natural gas energy supplies on the North 
Slope of Alaska, if the Administrator, in consultation with the 
Administrator of the United States Fire Administration, determines 
that no safe and effective substitute has been developed and that 
such authorization is necessary for fire suppression and explosion 
prevention purposes. The Administrator shall not authorize produc-
tion under the paragraph for purposes of fire safety or explosion 
prevention training or testing of fire suppression or explosion 
prevention equipment. In no event shall the Administrator au-
thorize under this paragraph any person to produce any such halon 
in an amount greater than 3 percent of that produced by such 
person during the baseline year. 
42 use 7671d. 
"SEC. 605. PHASE-OUT OF PRODUCTION AND CONSUMPTION OF CLASS II 
SUBSTANCES. 
"(a) RESTRICTION OF USE OF CLASS II SUBSTANCES.—Effective Janu-
ary 1, 2015, it shall be unlawful for any person to introduce into 
interstate commerce or use any class II substance unless such 
substance— 
"(1) has been used, recovered, and recycled; 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2659 
"(2) is used and entirely consumed (except for trace quan-
tities) in the production of other chemicals; or 
"(3) is used as a refrigerant in appliances manufactured prior 
to January 1, 2020. 
As used in this subsection, the term 'refrigerant' means any class II 
substance used for heat transfer in a refrigerating system. 
"(b) PRODUCTION PHASE-OUT.—(1) Effective January 1, 2015, it 
shall be unlawful for any person to produce any class II substance in 
an annual quantity greater than the quantity of such substance 
produced by such person during the baseline year. 
"(2) Effective January 1, 2030, it shall be unlawful for any person 
to produce any class II substance. 
"(c) REGULATIONS REGARDING PRODUCTION AND CONSUMPTION OF 
CLASS II SUBSTANCES.—By December 31, 1999, the Administrator 
shall promulgate regulations phasing out the production, and 
restricting the use, of class II substances in accordance with this 
section, subject to any acceleration of the phase-out of production 
under section 606. The Administrator shall sdso promulgate regula-
tions to insure that the consumption of class II substances in the 
United States is phased out and terminated in accordance with the 
same schedule (subject to the same exceptions and other provisions) 
as is applicable to the phase-out and termination of production of 
class II substances under this title. 
"(d) EXCEPTIONS.— 
"(1) MEDICAL DEVICES.— 
"(A) IN GENERAL.—Notwithstanding the termination of 
production required under subsection (bX2) and the restric-
tion on use referred to in subsection (a), the Administrator, 
after notice and opportunity for public comment, shall, to 
the extent such action is consistent with the Montreal 
Protocol, authorize the production and use of limited quan-
tities of CIEISS II substances solely for purposes of use in 
medical devices if such authorization is determined by the 
Commissioner, in consultation with the Administrator, to 
be necessary for use in medical devices. 
"(B) CAP ON EXCEPTION.—Under no circumstances may 
the authority set forth in subparagraph (A) be applied to 
authorize any person to produce a CIEISS II substance in 
annual quantities greater than 10 percent of that produced 
by such person during the baseline year. 
"(2) DEVELOPING COUNTRIES.— 
"(A) IN GENERAL.—Notwithstanding the provisions of 
subsection (a) or (b), the Administrator, after notice and 
opportunity for public comment, may authorize the produc-
tion of limited quantities of a class II substance in excess of 
the quantities otherwise permitted under such provisions 
solely for export to and use in developing countries that are 
Parties to the Montreal Protocol, £is determined by the 
Administrator. Any production authorized under this 
subsection shall be solely for purposes of satisfying the 
basic domestic needs of such countries. 
"(B) CAP ON EXCEPTION.—(i) Under no circumstances may 
the authority set forth in subparagraph (A) be applied to 
authorize any person to produce a class II substance in any 
year following the effective date of subsection (bXD and 
before the year 2030 in annual quantities greater than 110 
104 STAT. 2660 
PUBLIC LAW 101-549—NOV. 15, 1990 
percent of the quantity of such substance produced by such 
person during the baseline year. 
"(ii) Under no circumstances may the authority set forth 
in subparagraph (A) be applied to authorize any person to 
produce a class II substance in the year 2030, or any year 
thereafter, in an annual quantity greater than 15 percent of 
the quantity of such substance produced by such person 
during the baseline year. 
"(iii) Each exception authorized under this paragraph 
shall terminate no later than January 1, 2040. 
42 use 7671e. 
"SEC. 606. ACCELERATED SCHEDULE. 
Regulations. 
"(a) IN GENERAL.—The Administrator shall promulgate regula-
tions, after notice and opportunity for public comment, which estab-
lish a schedule for phasing out the production and consumption of 
class I and class II substances (or use of class II substances) that is 
more stringent than set forth in section 604 or 605, or both, if— 
"(1) based on an assessment of credible current scientific 
information (including any assessment under the Montreal 
Protocol) regarding harmful effects on the stratospheric ozone 
layer associated with a class I or class II substance, the 
Administrator determines that such more stringent schedule 
may be necessary to protect human health and the environment 
against such effects, 
"(2) based on the availability of substitutes for listed sub-
stances, the Administrator determines that such more stringent 
schedule is practicable, taking into account technological 
achievability, safety, and other relevant factors, or 
"(3) the Montreal Protocol is modified to include a schedule to 
control or reduce production, consumption, or use of any sub-
stance more rapidly than the applicable schedule under this 
title. 
In making any determination under paragraphs (1) and (2), the 
Administrator shall consider the status of the period remaining 
under the applicable schedule under this title. 
"(b) PETITION.—Any person may petition the Administrator to 
promulgate regulations under this section. The Administrator shall 
grant or deny the petition within 180 days after receipt of any such 
petition. If the Administrator denies the petition, the Administrator 
shall publish an explanation of why the petition was denied. If the 
Administrator grants such petition, such final regulations shall be 
promulgated within 1 year. Any petition under this subsection shall 
include a showing by the petitioner that there are data adequate to 
support the petition. If the Administrator determines that informa-
tion is not sufficient to make a determination under this subsection, 
the Administrator shall use any authority available to the Adminis-
trator, under any law administered by the Administrator, to acquire 
such information. 
42 use 7671f. 
"SEC. 607. EXCHANGE AUTHORITY. 
"(a) TRANSFERS.—The Administrator shall, within 10 months after 
the enactment of the Clean Air Act Amendments of 1990, promul-
gate rules under this title providing for the issuance of allowances 
for the production of class I and II substances in accordance with the 
requirements of this title and governing the transfer of such allow-
ances. Such rules shall insure that the transactions under the 
authority of this section will result in greater total reductions in the 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2661 
production in each year of class I £ind class II substances than would 
occur in that year in the absence of such transactions. 
"(b) INTERPOLLUTANT TRANSFERS.—(1) The rules under this section 
shall permit a production allowance for a substance for any year to 
be transferred for a production allowance for another substance for 
the same year on an ozone depletion weighted basis. 
"(2) Allowances for substances in each group of class I substances 
(as listed pursuant to section 602) may only be transferred for 
allowances for other substances in the same Group. 
"(3) The Administrator shall, as appropriate, establish groups of 
class II substances for trading purposes and assign class II sub-
stances to such groups. In the case of class II substances, allowances 
may only be transferred for allowances for other class II substances 
that are in the same Group. 
"(c) TRADES WITH OTHER PERSONS.—The rules under this section 
shall permit 2 or more persons to transfer production allowances 
(including interpollutant transfers which meet the requirements of 
subsections (a) and (b)) if the transferor of such allowances will be 
subject, under such rules, to an enforceable and quantifiable reduc-
tion in annual production which— 
"(1) exceeds the reduction otherwise applicable to the trans-
feror under this title, 
"(2) exceeds the production allowances transferred to the 
transferee, and 
"(3) would not have occurred in the absence of such 
transaction. 
"(d) CONSUMPTION.—The rules under this section shall also pro-
vide for the issuance of consumption allowances in accordance with 
the requirements of this title and for the trading of such allowances 
in the same manner as is applicable under this section to the 
trading of production allowances under this section. 
"SEC. 608. NATIONAL RECYCLING AND EMISSION REDUCTION PROGRAM. 42 USC 767 Ig. 
"(a) IN GENERAL.—(1) The Administrator shall, by not later than Regulations. 
January 1, 1992, promulgate regulations establishing standards and 
requirements regarding the use and disposal of class I substances 
during the service, repair, or disposal of appliances and industrial 
process refrigeration. Such standards and requirements shall 
become effective not later than July 1,1992. 
"(2) The Administrator shall, within 4 years after the enactment 
of the Clean Air Act Amendments of 1990, promulgate regulations 
establishing standards and requirements regarding use and disposal 
of class I and II substances not covered by paragraph (1), including 
the use and disposal of class II substances during service, repair, or 
disposal of appliances and industrial process refrigeration. Such 
standards and requirements shall become effective not later than 12 
months after promulgation of the regulations. 
"(3) The regulations under this subsection shall include require-
ments that— 
"(A) reduce the use and emission of such substances to the 
lowest achievable level, and 
"(B) maximize the recapture and recycling of such substances. 
Such regulations may include requirements to use alternative sub-
stances (including substances which are not class I or class II 
substances) or to minimize use of clsiss I or class II substances, or to 
promote the use of safe alternatives pursuant to section 612 or any 
combination of the foregoing. 
104 STAT. 2662 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(b) SAFE DISPOSAL.—The regulations under subsection (a) shall 
establish standards and requirements for the safe disposal of class I 
and II substances. Such regulations shall include each of the 
following— 
"(1) Requirements that class I or class II substances contained 
in bulk in appliances, machines or other goods shall be removed 
from each such appliance, machine or other good prior to the 
disposal of such items or their delivery for recycling. 
* (2) Requirements that any appliance, machine or other good 
containing a class I or class II substance in bulk shall not be 
manufactured, sold, or distributed in interstate commerce or 
offered for sale or distribution in interstate commerce unless it 
is equipped with a servicing aperture or an equally effective 
design feature which will facilitate the recapture of such sub-
stance during service and repair or disposal of such item. 
"(3) Requirements that any product in which a class I or class 
II substance is incorporated so as to constitute an inherent 
element of such product shall be disposed of in a manner that 
reduces, to the maximum extent practicable, the release of such 
substance into the environment. If the Administrator deter-
mines that the application of this paragraph to any product 
would result in producing only insignificant environmental 
benefits, the Administrator shall include in such regulations an 
exception for such product. 
"(c) PROHIBITIONS.—(1) Effective July 1, 1992, it shall be unlawful 
for any person, in the course of maintaining, servicing, repairing, or 
disposing of an appliance or industrial process refrigeration, to 
knowingly vent or otherwise knowingly release or dispose of any 
class I or class II substance used as a refrigerant in such appliance 
(or industrial process refrigeration) in a manner which permits such 
substance to enter the environment. De minimis releases associated 
with good faith attempts to recapture and recycle or safely dispose 
of any such substance shall not be subject to the prohibition set 
forth in the preceding sentence. 
"(2) Effective 5 years after the enactment of the Clean Air Act 
Amendments of 1990, paragraph (1) shall also apply to the venting, 
release, or disposal of any substitute substance for a class I or class 
II substance by any person maintaining, servicing, repairing, or 
disposing of an appliance or industrial process refrigeration which 
contains and uses as a refrigerant any such substance, unless the 
Administrator determines that venting, releasing, or disposing of 
such substance does not pose a threat to the environment. For 
purposes of this paragraph, the term 'appliance' includes any device 
which contains and uses as a refrigerant a substitute substance and 
which is used for household or commercisd purposes, including any 
air conditioner, refrigerator, chiller, or freezer. 
42 use 7671h. 
"SEC. 609. SERVICING OF MOTOR VEHICLE AIR CONDITIONERS. 
"(a) REGULATIONS.—Within 1 year after the enactment of the 
Clean Air Act Amendments of 1990, the Administrator shall 
promulgate regulations in accordance with this section establishing 
standards and requirements regarding the servicing of motor 
vehicle air conditioners. 
"(b) DEFINITIONS.—As used in this section— 
"(1) The term 'refrigerant' means any class I or class II 
substance used in a motor vehicle air conditioner. Effective 5 
years after the enactment of the Clean Air Act Amendments of 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2663 
1990, the term 'refrigerant' shall also include any substitute 
substance. 
"(2XA) The term 'approved refrigerant recycling equipment' 
means equipment certified by the Administrator (or an 
independent standards testing organization approved by the 
Administrator) to meet the standards established by the 
Administrator and applicable to equipment for the extraction 
and reclamation of refrigerant from motor vehicle air condi-
tioners. Such standards shall, at a minimum, be at least as 
stringent as the standards of the Society of Automotive Engi-
neers in effect as of the date of the enactment of the Clean Air 
Act Amendments of 1990 and applicable to such equipment 
(SAE standard J-1990). 
"(B) Equipment purchased before the proposal of regulations 
under this section shall be considered certified if it is substan-
tially identical to equipment certified as provided in subpara-
graph (A). 
"(3) The term 'properly using' means, with respect to 
approved refrigerant recycling equipment, using such equip-
ment in conformity with standards established by the Adminis-
trator and applicable to the use of such equipment. Such stand-
ards shall, at a minimum, be at least as stringent as the 
standards of the Society of Automotive Engineers in effect as of 
the date of the enactment of the Clean Air Act Amendments of 
1990 and applicable to the use of such equipment (SAE standard 
J-1989). 
"(4) The term 'properly trained and certified' means training 
and certification in the proper use of approved refrigerant 
recycling equipment for motor vehicle air conditioners in 
conformity with standards established by the Administrator 
and applicable to the performance of service on motor vehicle 
air conditioners. Such standards shall, at a minimum, be at 
least as stringent as specified, as of the date of the enactment of 
the Clean Air Act Amendments of 1990, in SAE standard J-1989 
under the certification program of the National Institute for 
Automotive Service Excellence (ASE) or under a similar pro-
gram such as the training and certification program of the 
Mobile Air Conditioning Society (MACS). 
"(c) 
SERVICING MOTOR VEHICLE AIR CONDITIONERS.—Effective 
January 1, 1992, no person repairing or servicing motor vehicles for 
consideration may perform any service on a motor vehicle air 
conditioner involving the refrigerant for such air conditioner with-
out properly using approved refrigerant recycling equipment and no 
such person may perform such service unless such person has been 
properly trained and certified. The requirements of the previous 
sentence shall not apply until January 1, 1993 in the case of a 
person repairing or servicing motor vehicles for consideration at an 
entity which performed service on fewer than 100 motor vehicle air 
conditioners during calendar year 1990 and if such person so cer-
tifies, pursuant to subsection (dX2), to the Administrator by Jsmu-
ary 1,1992. 
(d) CERTIFICATION.—(1) Effective 2 years after the enactment of 
the Clean Air Act Amendments of 1990, each person performing 
service on motor vehicle air conditioners for consideration shall 
certify to the Administrator either— 
"(A) that such person has acquired, and is properly using, 
approved refrigerant recycling equipment in service on motor 
104 STAT. 2664 
PUBLIC LAW 101-549—NOV. 15, 1990 
vehicle air conditioners involving refrigerant and that each 
individual authorized by such person to perform such service is 
properly trained and certified; or 
"(B) that such person is performing such service at an entity 
which serviced fewer than 100 motor vehicle air conditioners in 
1991. 
"(2) Effective January 1, 1993, each person who certified under 
paragraph (1)(B) shall submit a certification under paragraph (IXA). 
"(3) Each certification under this subsection shall contain the 
name and address of the person certifying under this subsection and 
the serial number of each unit of approved recycling equipment 
acquired by such person and shall be signed and attested by the 
owner or another responsible officer. Certifications under paragraph 
(IXA) may be made by submitting the required information to the 
Administrator on a standard form provided by the manufacturer of 
certified refrigerant recycling equipment. 
"(e) SMALL CONTAINERS OF CLASS I OR CLASS II SUBSTANCES.— 
Effective 2 years after the date of the enactment of the Clean Air 
Act Amendments of 1990, it shall be unlawful for any person to sell 
or distribute, or offer for sale or distribution, in interstate commerce 
to any person (other than a person performing service for consider-
ation on motor vehicle air-conditioning systems in compliance with 
this section) any class I or class II substance that is suitable for use 
as a refrigerant in a motor vehicle air-conditioning system and that 
is in a container which contains less than 20 pounds of such 
refrigerant. 
42 use 76711. 
"SEC. 610. NONESSENTIAL 
PRODUCTS CONTAINING 
CHLOROFLUORO-
CARBONS. 
"(a) REGULATIONS.—The Administrator shall promulgate regula-
tions to carry out the requirements of this section within 1 year 
after the enactment of the Clean Air Act Amendments of 1990. 
"(b) NONESSENTIAL PRODUCTS.—The regulations under this section 
shall identify nonessential products that releeise class I substances 
into the environment (including any release occurring during manu-
facture, use, storage, or disposal) and prohibit any person from 
selling or distributing any such product, or offering any such prod-
uct for sale or distribution, in interstate commerce. At a minimum, 
such prohibition shall apply to— 
"(1) chlorofluorocarbon-propelled plastic party streamers and 
noise horns, 
"(2) chlorofluorocarbon-containing cleaning fiuids for non-
commercial electronic and photographic equipment, and 
"(3) other consumer products that are determined by the 
Administrator— 
"(A) to release class I substances into the environment 
(including any release occurring during manufacture, use, 
storage, or disposal), and 
"(B) to be nonessential. 
In determining whether a product is nonessential, the Adminis-
trator shall consider the purpose or intended use of the product, the 
technological availability of substitutes for such product and for 
such class I substance, safety, health, and other relevant factors. 
"(c) EFFECTIVE DATE.—Effective 24 months after the enactment of 
the Clean Air Act Amendments of 1990, it shall be unlawful for any 
person to sell or distribute, or offer for sale or distribution, in 
PUBLIC LAW 101-549-NOV. 15, 1990 
104 STAT. 2665 
interstate commerce any nonessential product to which regulations 
under subsection (a) implementing subsection (b) are applicable, 
"(d) OTHER PRODUCTS.—(1) Effective January 1, 1994, it shall be 
unlawful for any person to sell or distribute, or offer for sale or 
distribution, in interstate commerce— 
"(A) any aerosol product or other pressurized dispenser which 
contains a class II substance; or 
"(B) any plastic foam product which contains, or is manufac-
tured with, a class II substance. 
"(2) The Administrator is authorized to grant exceptions from the 
prohibition under subparagraph (A) of paragraph (1) where— 
"(A) the use of the aerosol product or pressurized dispenser is 
determined by the Administrator to be essential as a result of 
flammability or worker safety concerns, and 
"(B) the only available alternative to use of a class II sub-
stance is use of a class I substance which legally could be 
substituted for such class II substance. 
"(3) Subparagraph (B) of paragraph (1) shall not apply to— 
"(A) a foam insulation product, or 
"(B) an integral skin, rigid, or semi-rigid foam utilized to 
provide for motor vehicle safety in accordance with Federal 
Motor Vehicle Safety Standards where no adequate substitute 
substance (other than a class I or class II substance) is prac-
ticable for effectively meeting such Standards. 
"(e) MEDICAL DEVICES.—Nothing in this section shall apply to any 
medical device as defined in section 601(8). 
"SEC. 611. LABELING. 
42 USC 7671J. 
"(a) REGULATIONS.—The Administrator shall promulgate regula-
tions to implement the labeling requirements of this section within 
18 months after enactment of the Clean Air Act Amendments of 
1990, after notice and opportunity for public comment. 
"(b) CONTAINERS CONTAINING CLASS I OR CLASS II SUBSTANCES AND 
PRODUCTS CONTAINING CLASS I SUBSTANCES.—Effective 30 months 
after the enactment of the Clean Air Act Amendments of 1990, no 
container in which a class I or class II substance is stored or 
transported, and no product containing a class I substance, shall be 
introduced into interstate commerce unless it bears a clearly legible 
and conspicuous label stating: 
" Warning: (Dontains [insert name of substance], a substance 
which harms public health and environment by destrojdng 
ozone in the upper atmosphere'. 
"(c) PRODUCTS CONTAINING CLASS II SUBSTANCES.—(1) After 30 
months after the enactment of the Clean Air Act Amendments of 
1990, and before January 1, 2015, no product containing a class II 
substance shall be introduced into interstate commerce unless it 
bears the label referred to in subsection (b) if the Administrator 
determines, after notice and opportunity for public comment, that 
there are substitute products or manufacturing processes (A) that do 
not rely on the use of such class II substance, (B) that reduce the 
overall risk to human health and the environment, and (C) that are 
currently or potentially available. 
"(2) Effective January 1, 2015, the requirements of subsection (b) 
shall apply to all products containing a class II substance. 
"(d) PRODUCTS MANUFACTURED WITH CLASS I AND CLASS II SUB-
STANCES.—(1) In the case of a class II substance, after 30 months 
after the enactment of the Clean Air Act Amendments of 1990, and 
104 STAT. 2666 
PUBLIC LAW 101-549—NOV. 15, 1990 
before January 1, 2015, if the Administrator, after notice and oppor-
tunity for public comment, makes the determination referred to in 
subsection (c) with respect to a product manufactured with a process 
that uses such class II substance, no such product shall be intro-
duced into interstate commerce unless it bears a clearly legible and 
conspicuous label stating: 
" 'Warning: Manufactured with [insert name of substance], a 
substance which harms public health and environment by 
destro3dng ozone in the upper atmosphere' 
"(2) In the case of a class I substance, effective 30 months after the 
enactment of the Clean Air Act Amendments of 1990, and before 
January 1, 2015, the labeling requirements of this subsection shall 
apply to all products manufactured with a process that uses such 
class I substance unless the Administrator determines that there 
are no substitute products or manufacturing processes that (A) do 
not rely on the use of such class I substance, (B) reduce the overall 
risk to human health and the environment, and (C) are currently or 
potentially available. 
"(e) PETITIONS.—(1) Any person may, at any time after 18 months 
after the enactment of the Clean Air Act Amendments of 1990, 
petition the Administrator to apply the requirements of this section 
to a product containing a class II substance or a product manufac-
tured with a class I or II substance which is not otherwise subject to 
-' 
such requirements. Within 180 days after receiving such petition, 
the Administrator shall, pursuant to the criteria set forth in subsec-
tion (c), either propose to apply the requirements of this section to 
such product or publish an explanation of the petition denial. If the 
Administrator proposes to apply such requirements to such product, 
the Administrator shall, by rule, render a final determination 
pursuant to such criteria within 1 year after receiving such petition. 
"(2) Any petition under this pareigaph shall include a showing by 
the petitioner that there are data on the product adequate to 
support the petition. 
"(3) If the Administrator determines that information on the 
product is not sufficient to make the required determination the 
Administrator shall use any authority available to the Adminis-
trator under any law administered by the Administrator to acquire 
such information. 
"(4) In the case of a product determined by the Administrator, 
upon petition or on the Administrator's own motion, to be subject to 
the requirements of this section, the Administrator shall establish 
an effective date for such requirements. The effective date shall be 1 
year after such determination or 30 months after the enactment of 
the Clean Air Act Amendments of 1990, whichever is later. 
"(5) Effective January 1, 2015, the labeling requirements of this 
subsection shall apply to all products manufactured with a process 
that uses a class I or class II substance. 
"(f) RELATIONSHIP TO OTHER LAW.—(1) The labeling requirements 
of this section shall not constitute, in whole or part, a defense to 
liability or a cause for reduction in damages in any suit, whether 
civil or criminal, brought under any law, whether Federal or State, 
other than a suit for failure to comply with the labeling require-
ments of this section. 
"(2) No other approval of such label by the Administrator under 
any other law administered by the Administrator shall be required 
with respect to the labeling requirements of this section. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2667 
"SEC. 612. SAFE ALTERNATIVES POLICY. 
42 USC 7671k. 
"(a) PoucY.—To the maximum extent practicable, class I and 
class II substances shall be replaced by chemicals, product sub-
stitutes, or alternative manufacturing processes that reduce overall 
risks to human health and the environment. 
"(b) REVIEWS AND REPORTS.—The Administrator shall— 
"(1) in consultation and coordination with interested mem-
bers of the public and the heads of relevant Federal agencies 
and departments, recommend Federal research programs and 
other activities to assist in identifying alternatives to the use of 
class I and class II substances £is refrigerants, solvents, fire 
retardants, foam blowing agents, and other commercial applica-
tions and in achieving a transition to such alternatives, and, 
where appropriate, seek to maximize the use of Federal re-
search facilities and resources to assist users of class I and class 
II substances in identifying and developing alternatives to the 
use of such substances as refrigerants, solvents, fire retardants, 
foam blowing agents, and other commercial applications; 
"(2) examine in consultation and coordination with the Sec-
retary of Defense and the heads of other relevant Federal 
agencies and departments, including the Greneral Services 
Administration, Federal procurement practices with respect to 
class I and class II substances and recommend measures to 
promote the transition by the Federal Government, as expedi-
tiously £is possible, to the use of safe substitutes; 
"(3) specify initiatives, including appropriate intergovern-
mental, international, and commercial information and tech-
nology transfers, to promote the development and use of safe 
substitutes for class I and class II substances, including alter-
native chemicals, product substitutes, and alternative manufac-
turing processes; and 
"(4) maintain a public clearinghouse of alternative chemicals, 
product substitutes, and alternative manufacturing processes 
that are available for products and manufacturing processes 
which use class I and class II substances. 
"(c) ALTERNATIVES FOR CLASS I OR II SUBSTANCES.—Within 2 years 
after enactment of the Clean Air Act Amendments of 1990, the 
Administrator shall promulgate rules under this section providing 
that it shall be unlawful to replace any class I or class II substance 
with any substitute substance which the Administrator determines 
may present adverse effects to human health or the environment, 
where the Administrator has identified an silternative to such 
replacement that— 
"(1) reduces the overall risk to human health and the environ-
ment; and 
"(2) is currently or potentially available. 
The Administrator shall publish a list of (A) the substitutes prohib-
ited under this subsection for specific uses and (B) the safe alter-
natives identified under this subsection for specific uses. 
"(d) RIGHT TO PETITION.—Any person may petition the Adminis-
trator to add a substance to the lists under subsection (c) or to 
remove a substance from either of such lists. The Administrator 
shall grant or deny the petition within 90 days after receipt of any 
such petition. If the Administrator denies the petition, the Adminis-
trator shall publish an explanation of why the petition was denied. 
If the Administrator grants such petition the Administrator shall 
104 STAT. 2668 
PUBLIC LAW 101-549—NOV. 15, 1990 
publish such revised list within 6 months thereafter. Any petition 
under this subsection shall include a showing by the petitioner that 
there are data on the substance adequate to support the petition. If 
the Administrator determines that information on the substance is 
not sufficient to make a determination under this subsection, the 
Administrator shall use any authority available to the Adminis-
trator, under any law administered by the Administrator, to acquire 
such information. 
"(e) STUDIES AND NOTIFICATION.—The Administrator shall require 
any person who produces a chemical substitute for a class I sub-
stance to provide the Administrator with such person's unpublished 
health and safety studies on such substitute and require producers 
to notify the Administrator not less than 90 days before new or 
existing chemicals are introduced into interstate commerce for 
significant new uses as substitutes for a class I substance. This 
subsection shall be subject to section 114(c). 
42 use 7671/. 
"SEC. 613. FEDERAL PROCUREMENT. 
Regulations. 
"Not later than 18 months after the enactment of the Clean Air 
Act Amendments of 1990, the Administrator, in consultation with 
the Administrator of the General Services Administration and the 
Secretary of Defense, shall promulgate regulations requiring each 
department, agency, and instrumentality of the United States to 
conform its procurement regulations to the policies and require-
ments of this title and to maximize the substitution of safe alter-
natives identified under section 612 for class I and class II 
substances. Not later than 30 months after the enactment of the 
Clean Air Act Amendments of 1990, each department, agency, and 
instrumentality of the United States shall so conform its procure-
ment regulations and certify to the President that its regulations 
have been modified in accordance with this section. 
42 use 7671m. 
"SEC. 614. RELATIONSHIP TO OTHER LAWS. 
"(a) STATE LAWS.—Notwithstanding section 116, during the 2-year 
period beginning on the enactment of the Clean Air Act Amend-
ments of 1990, no State or local government may enforce any 
requirement concerning the design of any new or recalled appliance 
for the purpose of protecting the stratospheric ozone layer. 
"(b) MONTREAL PROTOCOL.—This title as added by the Clean Air 
Act Amendments of 1990 shall be construed, interpreted, and ap-
plied as a supplement to the terms and conditions of the Montreal 
Protocol, as provided in Article 2, paragraph 11 thereof, and shall 
not be construed, interpreted, or applied to abrogate the responsibil-
ities or obligations of the United States to implement fully the 
provisions of the Montreal Protocol. In the case of conflict between 
any provision of this title and any provision of the Montreal Proto-
col, the more stringent provision shall govern. Nothing in this title 
shall be construed, interpreted, or applied to affect the authority or 
responsibility of the Administrator to implement Article 4 of the 
Montreal Protocol with other appropriate agencies. 
President. 
"(c) TECHNOLOGY EXPORT AND OVERSEAS INVESTMENT.—Upon 
enactment of this title, the President shall— 
"(1) prohibit the export of technologies used to produce a class 
I substance; 
"(2) prohibit direct or indirect investments by any person in 
facilities designed to produce a class I or class II substance in 
nations that are not parties to the Montreal Protocol; and 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2669 
"(3) direct that no agency of the government provide bilateral 
or multilateral subsidies, aids, credits, guarantees, or insurance 
programs, for the purpose of producing any class I substance. 
"SEC. 615. AUTHORITY OF ADMINISTRATOR. 
"If, in the Administrator's judgment, any substance, practice, 
process, or activity may reasonably be anticipated to affect the 
stratosphere, especially ozone in the stratosphere, and such effect 
may reasonably be anticipated to endanger public health or welfare, 
the Administrator shall promptly promulgate regulations respecting 
the control of such substance, practice, process, or activity, £ind shall 
submit notice of the proposal and promulgation of such regulation to 
the Congress. 
"SEC. 616. TRANSFERS AMONG PARTIES TO MONTREAL PROTOCOL. 
"(a) IN GENERAL.—Consistent with the Montreal Protocol, the 
United States may engage in transfers with other Parties to the 
Protocol under the following conditions: 
"(1) The United States may transfer production allowances to 
another Party if, at the time of such transfer, the Administrator 
establishes revised production limits for the United States such 
that the aggregate national United States production permitted 
under the revised production limits equals the lesser of (A) the 
maximum production level permitted for the substance or sub-
stsmces concerned in the transfer year under the Protocol minus 
the production allowances transferred, (B) the maximum 
production level permitted for the substance or substances con-
cerned in the transfer year under applicable domestic law 
minus the production allowances transferred, or (C) the average 
of the actual national production level of the substance or 
substances concerned for the 3 years prior to the transfer minus 
the production allowances transferred. 
"(2) The United States may acquire production allowances 
from another Party if, at the time of such transfer, the Adminis-
trator finds that the other Party has revised its domestic 
production limits in the same manner as provided with respect 
to transfers by the United States in subsection (a), 
"(b) EFFECT OF TRANSFERS ON PRODUCTION LIMITS.—The Adminis-
trator is authorized to reduce the production limits established 
under this Act as required as a prerequisite to transfers under 
paragraph (1) of subsection (a) or to increase production limits 
established under this Act to reflect production allowances acquired 
under a transfer under paragraph (2) of subsection (a). 
"(c) REGULATIONS.—The Administrator shall promulgate, within 2 
years after the date of enactment of the Clean Air Act Amendments 
of 1990, regulations to implement this section. 
"(d) DEFINITION.—In the case of the United States, the term 
'applicable domestic law' means this Act. 
"SEC. 617. INTERNATIONAL COOPERATION. 
"(a) IN GENERAL.—The President shall undertake to enter into 
international agreements to foster cooperative research which com-
plements studies and research authorized by this title, and to de-
velop standards and regulations which protect the stratosphere 
consistent with regulations applicable within the United States. For 
these purposes the President through the Secretary of State and the 
Assistant Secretary of State for O^ans and International Environ-
42 u s e 7671n. 
Regulations. 
42 u s e 76710. 
42 u s e 7671p. 
President. 
International 
agreements. 
Regulations. 
Treaties. 
Reports. 
39-194 O - 91 - 12 : QL 3 Part 4 
104 STAT. 2670 
PUBLIC LAW 101-549—NOV. 15, 1990 
mental and Scientific Affairs, shall negotiate multilateral treaties, 
conventions, resolutions, or other agreements, and formulate, 
present, or support proposals at the United Nations and other 
appropriate international forums and shall report to the Congress 
periodically on efforts to arrive at such agreements. 
"(b) ASSISTANCE TO DEVELOPING COUNTRIES.—The Administrator, 
in consultation with the Secretary of State, shall support global 
participation in the Montreal Protocol by providing technical and 
financial assistance to developing countries that are Parties to the 
Montreal Protocol and operating under article 5 of the Protocol. 
There are authorized to be appropriated not more than $30,000,000 
to carry out this section in fiscal years 1991, 1992 and 1993 and such 
sums as may be necessary in fiscal years 1994 and 1995. If China and 
India become Parties to the Montreal Protocol, there are authorized 
to be appropriated not more than an additional $30,000,000 to carry 
out this section in fiscal years 1991,1992, and 1993. 
42 use 7671q. 
"SEC. 618. MISCELLANEOUS PROVISIONS. 
"For purposes of section 116, requirements concerning the areas 
addressed by this title for the protection of the stratosphere against 
ozone layer depletion shall be treated as requirements for the 
control and abatement of air pollution. For purposes of section 118, 
the requirements of this title and corresponding State, interstate, 
and local requirements, administrative authority, and process, and 
sanctions respecting the protection of the stratospheric ozone layer 
shall be treated as requirements for the control and abatement of 
air pollution within the meaning of section 118.". 
42 use 7671b. 
SEC. 603. METHANE STUDIES. 
Reports. 
(a) ECONOMICALLY JUSTIFIED ACTIONS.—Not later than 2 years 
after enactment of this Act, the Administrator shall prepare and 
submit a report to the Congress that identifies activities, substances, 
processes, or combinations thereof that could reduce methane emis-
sions and that are economically and technologically justified with 
and without consideration of environmental benefit. 
Reports. 
(b) DOMESTIC METHANE SOURCE INVENTORY AND CONTROL.—Not 
later than 2 years after the enactment of this Act, the Adminis-
trator, in consultation and coordination with the Secretary of 
Energy and the Secretary of Agriculture, shall prepare and submit 
to the Congress reports on each of the following: 
(1) Methane emissions associated with natural gas extraction, 
transportation, distribution, storage, and use. Such report shall 
include an inventory of methane emissions associated with such 
activities within the United States. Such emissions include, but 
are not limited to, accidental and intentional releases from 
natural gas and oil wells, pipelines, processing facilities, and gas 
burners. The report shall also include an inventory of methane 
generation with such activities. 
(2) Methane emissions associated with coal extraction, 
transportation, distribution, storage, and use. Such report shall 
include an inventory of methane emissions associated with such 
activities within the United States. Such emissions include, but 
are not limited to, accidental and intentional releases from 
mining shafts, degasification wells, gas recovery wells and 
equipment, and from the processing and use of coal. The report 
shall also include an inventory of methane generation with such 
activities. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2671 
(3) Methane emissions associated with mansigement of solid 
waste. Such report shall include an inventory of methane emis-
sions associated with all forms of waste management in the 
United States, including storage, treatment, and disposal. 
(4) Methane emissions associated with agriculture. Such 
report shall include an inventory of methane emissions associ-
ated with rice and livestock production in the United States. 
(5) Methane emissions associated with biomass burning. Such 
report shall include an inventory of methane emissions associ-
ated with the intentional burning of agricultural wastes, wood, 
grasslands, and forests. 
(6) Other methane emissions associated with human activi-
ties. Such report shall identify and inventory other domestic 
sources of methane emissions that are deemed by the Adminis-
trator and other such agencies to be significant. 
(c) INTERNATIONAL STUDIES.— 
(1) METHANE EMISSIONS.—Not later than 2 years after the 
Reports, 
enactment of this Act, the Administrator shall prepare and 
submit to the Congress a report on methane emissions from 
countries other than the United States. Such report shall in-
clude inventories of methane emissions associated with the 
activities listed in subsection (b). 
(2) PREVENTING INCREASES IN METHANE CONCENTRATIONS.— Reports. 
Not later than 2 years after the enactment of this Act, the 
Administrator shall prepare and submit to the Congress a 
report that analyzes the potential for preventing an increase in 
atmospheric concentrations of methane from activities and 
sources in other countries. Such report shall identify and evalu-
ate the technical options for reducing methane emission from 
each of the activities listed in subsection (b), as well as other 
activities or sources that are deemed by the Administrator in 
consultation with other relevant Federal agencies and depart-
ments to be significant and shall include an evaluation of costs. 
The report shall identify the emissions reductions that would 
need to be achieved to prevent increasing 
atmospheric 
concentrations of methane. The report shall also identify 
technology trsmsfer programs that could promote methane 
emissions reductions in lesser developed countries. 
(d) NATURAL SOURCES.—Not later than 2 years after the enact- Reports, 
ment of this Act, the Administrator shall prepare and submit to the 
Congress a report on— 
(1) methane emissions from biogenic sources such as (A) 
tropical, temperate, and subarctic forests, (B) tundra, and (C) 
freshwater and saltwater wetlands; and 
(2) the changes in methane emissions from biogenic sources 
that may occur as a result of potential increases in tempera-
tures and atmospheric concentrations of carbon dioxide. 
(e) STUDY OF MEASURES TO LIMIT GROWTH IN METHANE CON- Reports. 
CENTRATiONS.—Not later than 2 years after the completion of the 
studies in subsections (b), (c), and (d), the Administrator shall pre-
pare and submit to the Congress a report that presents options 
outlining measures that could be implemented to stop or reduce the 
growth in atmospheric concentrations of methane from sources 
within the United States referred to in paragraphs (1) through (6) of 
subsection (b). This study shall identify and evaluate the technical 
options for reducing methane emissions from each of the activities 
listed in subsection (b), as well as other activities or sources deemed 
104 STAT. 2672 
PUBLIC LAW 101-549—NOV. 15, 1990 
by such agencies to be significant, and shall include an evaluation of 
costs, technology, safety, energy, and other factors. The study shall 
be based on the other studies under this section. The study shall also 
identify programs of the United States and international lending 
agencies that could be used to induce lesser developed countries to 
undertake measures that will reduce methane emissions and the 
resource needs of such programs. 
(f) INFORMATION GATHERING.—In carr3dng out the studies under 
this section, the provisions £ind requirements of section 114 of the 
Clean Air Act shall be available for purposes of obtaining informa-
tion to carry out such studies. 
(g) CONSULTATION AND COORDINATION.—In preparing the studies 
under this section the Administrator shall consult and coordinate 
with the Secretary of Energy, the Administrators of the National 
Aeronautics and Space Administration and the National Oceanic 
and Atmospheric Administration, and the heads of other relevant 
Federal agencies and departments. In the case of the studies under 
subsections (a), (b), and (e), such consultation and coordination shall 
include the Secretary of Agriculture. 
TITLE VII—PROVISIONS RELATING TO 
ENFORCEMENT 
Sec. 701. Section 113 enforcement. 
Sec. 702. Compliance certification. 
Sec. 703. Administrative enforcement subpoenas. 
Sec. 704. Emergency orders. 
Sec. 705. Contractor listings. 
Sec. 706. Judicied review pending reconsideration of regulation. 
Sec. 707. Citizen suits. 
Sec. 708. Enhanced implementation and enforcement of new source review require-
ments. 
Sec. 709. Movable stationary sources. 
Sec. 710. Enforcement of new titles of the Act. 
Sec. 711. Savings provisions and effective dates. 
SEC. 701. SECTION 113 ENFORCEMENT. 
42 use 7413. 
Section 113 of the Clean Air Act is amended to read as follows: 
"SEC. 113. FEDERAL ENFORCEMENT. 
"(a) IN GENERAL.— 
"(1) ORDER TO COMPLY WITH SIP.—Whenever, on the basis of 
any information available to the Administrator, the Adminis-
trator finds that any person has violated or is in violation of any 
requirement or prohibition of an applicable implementation 
plan or permit, the Administrator shall notify the person and 
the State in which the plan applies of such finding. At any time 
after the expiration of 30 days following the date on which such 
notice of a violation is issued, the Administrator may, without 
regard to the period of violation (subject to section 2462 of title 
28 of the United States Code)— 
"(A) issue an order requiring such person to comply with 
the requirements or prohibitions of such plan or permit, 
"(B) issue an administrative penalty order in accordance 
with subsection (d), or 
"(C) bring a civil action in accordance with subsection (b). 
"(2) STATE FAILURE TO ENFORCE SIP OR PERMIT PROGRAM.— 
Whenever, on the basis of information available to the Adminis-
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2673 
trator, the Administrator finds that violations of an applicable 
implementation plan or an approved permit program under 
title V are so widespread that such violations appear to result 
from a failure of the State in which the plan or permit program 
applies to enforce the plan or permit program effectively, the 
A(hninistrator shall so notify the State. In the case of a permit 
program, the notice shall be made in accordance with title V. If 
the Administrator finds such failure extends beyond the 30th 
day after such notice (90 days in the case of such permit 
program), the Administrator shall give public notice of such 
finding. During the period beginning with such public notice 
and ending when such State satisfies the Administrator that it 
will enforce such plan or permit program (hereafter referred to 
in this section as 'period of federally assumed enforcement'), the 
Administrator may enforce any requirement or prohibition of 
such plan or permit program with respect to any person by— 
"(A) issuing an order requiring such person to comply 
with such requirement or prohibition, 
'(B) issuing an administrative penalty order in accord-
ance with subsection (d), or 
"(C) bringing a civil action in accordance with subsec-
tion (b). 
"(3) E P A ENFORCEMENT OF OTHER REQUIREMENTS.—ExCOpt for 
a requirement or prohibition enforceable under the preceding 
provisions of this subsection, whenever, on the bsisis of any 
information available to the Administrator, the Administrator 
finds that any person has violated, or is in violation of, any 
other requirement or prohibition of this title, section 303 of title 
III, title rV, title V, or title VI, including, but not limited to, a 
requirement or prohibition of any rule, plan, order, waiver, or 
permit promulgated, issued, or approved under those provisions 
or titles, or for the payment of any fee owed to the United 
States under this Act (other than title II), the Administrator 
may— 
"(A) issue an administrative penalty order in accordance 
with subsection (d), 
"(B) issue £in order requiring such person to comply with 
such requirement or prohibition, 
"(C) bring a civil action in accordance with subsection (b) 
or section 305, or 
"(D) request the Attorney General to commence a crimi-
nal action in accordance with subsection (c). 
"(4) REQUIREMENTS FOR ORDERS.—An order issued under this 
subsection (other than an order relating to a violation of section 
112) shall not take effect until the person to whom it is issued 
has had an opportunity to confer with the Administrator 
concerning the alleged violation. A copy of any order issued 
under this subsection shall be sent to the State air pollution 
control eigency of any State in which the violation occurs. Any 
order issued under this subsection shall state with reasonable 
specificity the nature of the violation and specify a time for 
compliance which the Administrator determines is reasonable, 
taking into account the seriousness of the violation and any 
good faith efforts to comply with applicable requirements. In 
any case in which an order under this subsection (or notice to a 
violator under paragraph (1)) is issued to a corporation, a copy of 
such order (or notice) shall be issued to appropriate corporate 
104 STAT. 2674 
PUBLIC LAW 101-549—NOV. 15, 1990 
officers. An order issued under this subsection shall require the 
person to whom it was issued to comply with the requirement as 
expeditiously as practicable, but in no event longer than one 
year after the date the order was issued, and shall be 
nonrenewable. No order issued under this subsection shall pre-
vent the State or the Administrator from assessing any pen-
alties nor otherwise affect or limit the State's or the United 
States authority to enforce under other provisions of this Act, 
nor affect any person's obligations to comply with any section of 
this Act or with a term or condition of any permit or applicable 
implementation plan promulgated or approved under this Act. 
(5) FAILURE TO COMPLY WITH NEW SOURCE REQUIREMENTS.— 
Whenever, on the basis of any available information, the 
Administrator finds that a State is not acting in compliance 
with any requirement or prohibition of the Act relating to the 
construction of new sources or the modification of existing 
sources, the Administrator may— 
"(A) issue an order prohibiting the construction or modi-
fication of any major stationary source in any area to which 
such requirement applies; 
"(B) issue an administrative penalty order in accordance 
with subsection (d), or 
"(C) bring a civil action under subsection (b). 
Nothing in this subsection shall preclude the United States from 
commencing a criminal action under section 113(c) at any time for 
any such violation. 
"(b) CIVIL JUDICIAL ENFORCEMENT.—The Administrator shall, as 
appropriate, in the case of any person that is the owner or operator 
of an affected source, a major emitting facility, or a major stationary 
source, and may, in the case of any other person, commence a civil 
action for a permanent or temporary injunction, or to assess and 
recover a civil penalty of not more than $25,000 per day for each 
violation, or both, in any of the following instances: 
"(1) Whenever such person has violated, or is in violation of, 
any requirement or prohibition of an applicable implementation 
plan or permit. Such an action sheill be commenced (A) during 
any period of federally assumed enforcement, or (B) more than 
30 days following the date of the Administrator's notification 
under subsection (a)(1) that such person has violated, or is in 
violation of, such requirement or prohibition. 
"(2) Whenever such person has violated, or is in violation of, 
any other requirement or prohibition of this title, section 303 of 
title III, title IV, title V, or title VI, including, but not limited 
to, a requirement or prohibition of any rule, order, waiver or 
permit promulgated, issued, or approved under this Act, or for 
the payment of any fee owed the United States under this Act 
(other than title II). 
"(3) Whenever such person attempts to construct or modify a 
major stationary source in any area with respect to which a 
finding under subsection (a)(5) has been made. 
Any action under this subsection may be brought in the district 
court of the United States for the district in which the violation is 
alleged to have occurred, or is occurring, or in which the defendant 
resides, or where the defendant's principal place of business is 
located, and such court shall have jurisdiction to restrain such 
violation, to require compliance, to assess such civil penalty, to 
collect any fees owed the United States under this Act (other than 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2675 
title II) and any noncompliance assessment and nonpajmient pen-
alty owed under section 120, and to award any other appropriate 
relief. Notice of the commencement of such action shall be given to 
the appropriate State air pollution control agency. In the case of any 
action brought by the Administrator under this subsection, the 
court may award costs of litigation (including reasonable attorney 
and expert witness fees) to the party or parties against whom such 
action was brought if the court finds that such action was 
unreasonable. 
"(c) CRIMINAL PENALTIES.—(1) Any person who knowingly violates 
any requirement or prohibition of an applicable implementation 
plan (during any period of federally assumed enforcement or more 
than 30 days after having been notified under subsection (aXl) by 
the Administrator that such person is violating such requirement or 
prohibition), any order under subsection (a) of this section, require-
ment or prohibition of section* 111(e) of this title (relating to new 
source performance standards), section 112 of this title, section 114 
of this title (relating to inspections, etc.), section 129 of this title 
(relating to solid waste combustion), section 165(a) of this title 
(relating to preconstruction requirements), an order under section 
167 of this title (relating to preconstruction requirements), an order 
under section 303 of title III (relating to emergency orders), section 
502(a) or 503(c) of title V (relating to permits), or any requirement or 
prohibition of title IV (relating to acid deposition control), or title VI 
(relating to stratospheric ozone control), including a requirement of 
any rule, order, waiver, or permit promulgated or approved under 
such sections or titles, smd including any requirement for the pay-
ment of any fee owed the United States under this Act (other than 
title II) shall, upon conviction, be punished by a fine pursuant to 
title 18 of the United States Code, or by imprisonment for not to 
exceed 5 years, or both. If a conviction of any person under this 
paragraph is for a violation committed sifter a first conviction of 
such person under this paragraph, the maximum punishment shall 
be doubled with respect to both the fine and imprisonment. 
"(2) Any person who knowingly— 
"(A) makes any false material statement, representation, or 
certification in, or omits material information from, or know-
ingly alters, conceals, or fails to file or maintain any notice, 
application, record, report, plan, or other document required 
pursuant to this Act to be either filed or maintained (whether 
with respect to the requirements imposed by the Administrator 
or by a State); 
"(B) fails to notify or report as required under this Act; or 
"(C) falsifies, tampers with, renders inaccurate, or fails to 
install any monitoring device or method required to be main-
tained or followed under this Act 
shall, upon conviction, be punished by a fine pursuant to title 18 of 
the United States Code, or by imprisonment for not more than 2 
years, or both. If a conviction of any person under this paragraph is 
for a violation committed after a first conviction of such person 
under this paragraph, the maximum punishment shall be doubled 
with respect to both the fine and imprisonment. 
"(3) Any person who knowingly fails to pay any fee owed the 
United States under this title, title III, IV, V, or VI shall, upon 
conviction, be punished by a fine pursuant to title 18 of the United 
States Code, or by imprisonment for not more than 1 year, or both. 
If a conviction of any person under this paragraph is for a violation 
104 STAT. 2676 
PUBLIC LAW 101-549—NOV. 15, 1990 
committed after a first conviction of such person under this para-
graph, the mEiximum punishment shall be doubled with respect to 
both the fine and imprisonment. 
"(4) Any person who negligently releases into the ambient air any 
hazardous air pollutant listed pursuant to section 112 of this Act or 
any extremely hazardous substance listed pursuant to section 
302(aX2) of the Superfund Amendments and Reauthorization Act of 
1986 (42 U.S.C. 11002(a)(2)) that is not listed in section 112 of this 
Act, and who at the time negligently places another person in 
imminent danger of death or serious bodily injury shall, upon 
conviction, be punished by a fine under title 18 of the United States 
Code, or by imprisonment for not more than 1 year, or both. If a 
conviction of any person under this paragraph is for a violation 
committed after a first conviction of such person under this para-
graph, the maximum punishment shall be doubled with respect to 
both the fine and imprisonment. 
"(5)(A) Any person who knowingly releases into the ambient air 
any hazardous air pollutant listed pursuant to section 112 of this 
Act or any extremely hazardous substance listed pursuant to section 
302(aX2) of the Superfund Amendments and Reauthorization Act of 
1986 (42 U.S.C. 11002(a)(2)) that is not listed in section 112 of this 
Act, and who knows at the time that he thereby places another 
person in imminent danger of death or serious bodily injury shall, 
upon conviction, be punished by a fine under title 18 of the United 
States Code, or by imprisonment of not more than 15 years, or both. 
Any person committing such violation which is an organization 
shall, upon conviction under this paragraph, be subject to a fine of 
not more than $1,000,000 for each violation. If a conviction of any 
person under this paragraph is for a violation committed after a 
first conviction of such person under this paragraph, the maximum 
punishment shall be doubled with respect to both the fine and 
imprisonment. For any air pollutant for which the Administrator 
has set an emissions standard or for any source for which a permit 
has been issued under title V, a relesise of such pollutant in accord-
ance with that standard or permit shall not constitute a violation of 
this paragraph or paragraph (4). 
"(B) In determining whether a defendant who is an individual 
knew that the violation placed another person in imminent danger 
of death or serious bodily injury— 
"(i) the defendant is responsible only for actual awareness or 
actual belief possessed; and 
"(ii) knowledge possessed by a person other than the defend-
ant, but not by the defendant, may not be attributed to the 
defendant; 
except that in proving a defendant's possession of actual knowledge, 
circumstantial evidence may be used, including evidence that the 
defendant took affirmative steps to be shielded from relevant 
information. 
"(C) It is an affirmative defense to a prosecution that the conduct 
charged was freely consented to by the person endangered and 
that the danger and conduct charged were reasonably foreseeable 
hazards of— 
"(i) an occupation, a business, or a profession; or 
"(ii) medical treatment or medical or scientific experimen-
tation conducted by professionally approved methods and such 
other person had been made aware of the risks involved prior to 
giving consent. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2677 
The defendant may establish an affirmative defense under this 
subparagraph by a preponderance of the evidence. 
"(D) AH general defenses, affirmative defenses, and bars to Courts. 
prosecution that may apply with respect to other Federal criminal 
offenses may apply under subparagraph (A) of this paragraph and 
shall be determined by the courts of the United States according to 
the principles of common law as they may be interpreted in the light 
of reason and experience. Concepts of justification and excuse ap-
plicable under this section may be developed in the light of reason 
and experience. 
"(E) The term 'organization' means a legal entity, other than a 
government, established or organized for any purpose, and such 
term includes a corporation, company, association, firm, partner-
ship, joint stock company, foundation, institution, trust, society, 
union, or any other association of persons. 
"(F) The term 'serious bodily injury* means bodily injury which 
involves a substantial risk of death, unconsciousness, extreme phys-
ical pain, protracted and obvious disfigurement or protracted loss or 
impairment of the function of a bodily member, organ, or mental 
faculty. 
"(6) For the purpose of this subsection, the term 'person' includes, 
in addition to the entities referred to in section 302(e), any respon-
sible corporate officer. 
"(d) 
ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES.—(1) 
The 
Administrator may issue an administrative order against any 
person assessing a civil administrative penalty of up to $25,000, per 
day of violation, whenever, on the basis of any available informa-
tion, the Administrator finds that such person— 
"(A) has violated or is violating any requirement or prohibi-
tion of an applicable implementation plan (such order shall be 
issued (i) during any period of federally assumed enforcement, 
or (ii) more than thirty days following the date of the Adminis-
trator's notification under subsection (aXD of this section of a 
finding that such person has violated or is violating such 
requirement or prohibition); or 
"(B) has violated or is violating any other requirement or 
prohibition of title I, III, IV, V, or VI, including, but not limited 
to, a requirement or prohibition of any rule, order, waiver, 
permit, or plan promulgated, issued, or approved under this 
Act, or for the pa)anent of any fee owed the United States under 
this Act (other than title II); or 
"(C) attempts to construct or modify a major stationary source 
in any area with respect to which a finding under subsection 
(aX5) of this section has been made. 
The Administrator's authority under this paragraph shall be limited 
to matters where the total penalty sought does not exceed $200,000 
and the first alleged date of violation occurred no more than 12 
months prior to the initiation of the administrative action, except 
where the Administrator and the Attorney General jointly deter-
mine that a matter involving a larger penalty amount or longer 
period of violation is appropriate for administrative penalty action. 
Any such determination by the Administrator and the Attorney 
General shall not be subject to judicial review. 
"(2XA) An administrative penalty assessed under paragraph (1) 
shall be assessed by the Administrator by an order made after 
opportunity for a hearing on the record in accordance with sections 
554 and 556 of title 5 of the United Stetes Code. The Administrator 
104 STAT. 2678 
PUBLIC LAW 101-549—NOV. 15, 1990 
shall issue reasonable rules for discovery and other procedures for 
hearings under this paragraph. Before issuing such an order, the 
Administrator shall give written notice to the person to be assessed 
an administrative penalty of the Administrator's proposal to issue 
such order and provide such person an opportunity to request such a 
hearing on the order, within 30 days of the date the notice is 
received by such person. 
"(B) The Administrator may compromise, modify, or remit, with 
or without conditions, any administrative penalty which may be 
imposed under this subsection. 
"(3) The Administrator may implement, after consultation with 
the Attorney General and the States, a field citation program 
through regulations establishing appropriate minor violations for 
which field citations assessing civil penalties not to exceed $5,000 
per day of violation may be issued by officers or employees des-
ignated by the Administrator. Any person to whom a field citation is 
assessed may, within a resisonable time as prescribed by the 
Administrator through regulation, elect to pay the penalty assess-
ment or to request a hearing on the field citation. If a request for a 
hearing is not made within the time specified in the regulation, the 
penalty assessment in the field citation shall be final. Such hearing 
shall not be subject to section 554 or 556 of title 5 of the United 
States C!ode, but shall provide a reasonable opportunity to be heard 
and to present evidence. Payment of a civil penalty required by a 
field citation shall not be a defense to further enforcement by the 
United States or a State to correct a violation, or to assess the 
statutory maximum penalty pursuant to other authorities in the 
Act, if the violation continues. 
"(4) Any person against whom a civil penalty is assessed under 
paragraph (3) of this subsection or to whom an administrative 
penalty order is issued under paragraph (1) of this subsection may 
seek review of such assessment in the United States District Court 
for the District of Columbia or for the district in which the violation 
is alleged to have occurred, in which such person resides, or where 
such person's principal place of business is located, by filing in such 
court within 30 days following the date the administrative penalty 
order becomes final under paragraph (2), the assessment becomes 
final under paragraph (3), or a final decision following a hearing 
under paragraph (3) is rendered, and by simultaneously sending a 
copy of the filing by certified mail to the Administrator and the 
Attorney General. Within 30 days thereafter, the Administrator 
shall file in such court a certified copy, or certified index, as 
appropriate, of the record on which the administrative penalty order 
or assessment was issued. Such court shall not set aside or remand 
such order or assessment unless there is not substantial evidence in 
the record, taken as a whole, to support the finding of a violation or 
unless the order or penalty assessment constitutes an abuse of 
discretion. Such order or penalty assessment shsdl not be subject to 
review by any court except as provided in this paragraph. In any 
such proceedings, the United States may seek to recover civil pen-
alties ordered or assessed under this section. 
"(5) If any person fails to pay an assessment of a civil penalty or 
fails to comply with an administrative penalty order— 
"(A) after the order or assessment has become final, or 
"(B) after a court in an action brought under paragraph (4) 
has entered a final judgment in favor of the Administrator, 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2679 
the Administrator shall request the Attorney General to bring a 
civil action in an appropriate district court to enforce the order or to 
recover the amount ordered or assessed (plus interest at rates 
established pursuant to section 6621(aX2) of the Internal Revenue 
Code of 1986 from the date of the final order or decision or the date 
of the final judgment, as the case may be). In such an action, the 
validity, amount, and appropriateness of such order or assessment 
shall not be subject to review. Any person who fails to pay on a 
timely basis a civil penalty ordered or assessed under this section 
shall be required to pay, in addition to such penalty and interest, the 
United States enforcement expenses, including but not limited to 
attorneys fees and costs incurred by the United States for collection 
proceedings and a quarterly nonpajrment penalty for each quarter 
during which such failure to pay persists. Such nonpayment penalty 
shall be 10 percent of the aggregate amount of such person's 
outstanding penalties and nonpayment penalties accrued as of the 
beginning of such quarter. 
"(e) PENALTY ASSESSMENT CRITERIA.—(1) In determining the 
amount of any penalty to be assessed under this section or section 
304(a), the Administrator or the court, as appropriate, shall take 
into consideration (in addition to such other factors as justice may 
require) the size of the business, the economic impact of the penalty 
on the business, the violator's full compliance history and good faith 
efforts to comply, the duration of the violation as established by any 
credible evidence (including evidence other than the applicable test 
method), payment by the violator of penalties previously assessed 
for the same violation, the economic benefit of noncompliance, and 
the seriousness of the violation. The court shall not assess penalties 
for noncompliance with administrative subpoenas under section 
307(a), or actions under section 114 of this Act, where the violator 
had sufficient cause to violate or fail or refuse to comply with such 
subpoena or action. 
"(2) A penalty may be assessed for each day of violation. For 
purposes of determining the number of days of violation for which a 
penalty may be assessed under subsection O
t
>
) or (dXD of this section, 
or section 304(a), or an assessment may be made under section 120, 
where the Administrator or an air pollution control agency has 
notified the source of the violation, and the plaintiff makes a prima 
facie showing that the conduct or events giving rise to the violation 
are likely to have continued or recurred past the date of notice, the 
days of violation shall be presumed to include the date of such notice 
and each and every day thereafter until the violator establishes that 
continuous compliance has been achieved, except to the extent that 
the violator can prove by a preponderance of the evidence that there 
were intervening days during which no violation occurred or that 
the violation was not continuing in nature. 
"(f) AWARDS.—The Administrator may pay an award, not to 
exceed $10,000, to any person who furnishes information or services 
which lead to a criminal conviction or a judicial or administrative 
civil penalty for any violation of this title or title III, IV, V, or VI of 
this Act enforced under this section. Such pajmient is subject to 
available appropriations for such purposes as provided in annual 
appropriation Acts. Any officer, or employee of the United States or 
any State or local government who furnishes information or renders 
service in the performance of an official duty is ineligible for 
pajnnent under this subsection. The Administrator may, by regula-
tion, prescribe additional criteria for eligibility for such an award. 
104 STAT. 2680 
PUBLIC LAW 101-549—NOV. 15, 1990 
Federal 
Register, 
publication. 
42 use 7414. 
"(g) SETTLEMENTS; PUBUC PARTICIPATION.—At least 30 days before 
a consent order or settlement agreement of any kind under this Act 
to which the United States is a party (other than enforcement 
actions under section 113, 120, or title II, whether or not involving 
civil or criminal penalties, or judgments subject to Department of 
Justice policy on public participation) is final or filed with a court, 
the Administrator shall provide a reasonable opportunity by notice 
in the Federal Register to persons who are not naimed as parties or 
intervenors to the action or matter to comment in writing. The 
Administrator or the Attorney General, as appropriate, shall 
promptly consider any such written comments and may withdraw or 
withhold his consent to the proposed order or agreement if the 
comments disclose facts or considerations which indicate that such 
consent is inappropriate, improper, inadequate, or inconsistent with 
the requirements of this Act. Nothing in this subsection shall apply 
to civil or criminal penalties under this Act. 
"(h) OPERATOR.—For purposes of the provisions of this section and 
section 120, the term 'operator', as used in such provisions, shall 
include any person who is senior management personnel or a cor-
porate officer. Except in the case of knowing and willful violations, 
such term shall not include any person who is a stationary engineer 
or technician responsible for the operation, maintenance, repair, or 
monitoring of equipment and facilities and who often has super-
visory and training duties but who is not senior management 
personnel or a corporate officer. Except in the case of knowing and 
willful violations, for purposes of subsection (cX4) of this section, the 
term *a person' shedl not include an employee who is carrjdng out 
his normal activities and who is not a part of senior management 
personnel or a corporate officer. Except in the case of knowing and 
willful violations, for purposes of par£igraphs (1), (2), (3), and (5) of 
subsection (c) of this section the term 'a person' shall not include an 
employee who is carrjdng out his normal activities and who is acting 
under orders from the employer.". 
SEC. 702. COMPLIANCE CERTIFICATION. 
(a) RECORDS, REPORTS, MONITORING, ETC.—Section 114(a) of the 
Clean Air Act is amended £is follows: 
(1) Strike "or" in the first sentence immediately before "any 
emission standard under section 112,". 
(2) Insert "or any regulation under section 129 (relating to 
solid waste combustion)," before "(ii) of determining". 
(3) Amend paragraph (1) to read as follows: 
"(1) the Administrator may require any person who owns or 
operates any emission source, who manufactures emission con-
trol equipment or process equipment, who the Administrator 
believes may have information necessary for the purposes set 
forth in this subsection, or who is subject to any requirement of 
this Act (other than a manufacturer subject to the provisions of 
section 206(c) or 208 with respect to a provision of title II) on a 
one-time, periodic or continuous basis to— 
"(A) establish and maintain such records; 
"(B) make such reports; 
"(C) install, use, and maintain such monitoring equip-
ment, and use such audit procedures, or methods; 
"(D) sample such emissions (in accordance with such 
procedures or methods, at such locations, at such intervals, 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2681 
during such periods and in such manner as the Adminis-
trator shall prescribe); 
"(E) keep records on control equipment parameters, 
production variables or other indirect data when direct 
monitoring of emissions is impractical; 
"(F) submit compliance certifications in accordance with 
section 114(a)(3); and 
"(G) provide such other information as the Administrator 
may reasonably require; and". 
(b) MONITORING AND COMPUANCE CERTIFICATIONS.—Section 114(a) 
of the Clean Air Act is amended by adding the following new 42 use 7414. 
paragraph at the end: 
"(3) The Administrator shall in the CEise of any person which 
is the owner or operator of a major stationary source, and may, 
in the case of any other person, require enhanced monitoring 
and submission of compliance certifications. Compliance certifi-
cations shedl include (A) identification of the applicable require-
ment that is the basis of the certification, (B) the method used 
for determining the compliance status of the source, (C) the 
compliance status, (D) whether compliance is continuous or 
intermittent, (E) such other facts as the Administrator may 
require. C!ompliance certifications and monitoring data shall be 
subject to subsection (c) of this section. Submission of a compli-
ance certification shall in no way limit the Administrator's 
authorities to investigate or otherwise implement this Act. The 
Administrator shall promulgate rules to provide guidance and 
to implement this paragraph within 2 years after the enactment 
of the Clean Air Act Amendments of 1990.". 
(c) JUDICIAL REVIEW.—Section 307(bXl) of the Clean Air Act is 42 use 7607. 
amended by inserting "or revising regulations for enhanced mon-
itoring and compliance certification 
programs under 
section 
114(aX3) of this Act," immediately before "or any other final action 
of the Administrator". 
SEC. 703. ADMINISTRATIVE ENFORCEMENT SUBPOENAS. 
Section 307(a) of the Clean Air Act is amended by striking out 
"(1)" after "(a)" and by striking "or section 202(b)(5)" and 
immediately after "section 202(bX4) or 211(cX3)" inserting ", any 
investigation, monitoring, reporting requirement, entry, compliance 
inspection, or administrative enforcement proceeding under the Act 
(including but not limited to section 113, section 114, section 120, 
section 129, section 167, section 205, section 206, section 208, section 
303, or section 306),". 
SEC. 704. EMERGENCY ORDERS. 
Section 303 of the Clean Air Act is amended as follows: 
42 USe 7603. 
(1) Strike "the health of persons and that appropriate State or 
local authorities have not acted to abate such sources" and 
insert "public health or welfare, or the environment". 
(2) Amend the second sentence to read "If it is not practicable 
to assure prompt protection of public health or welfare or the 
environment by commencement of such a civil action, the 
Administrator may issue such orders £is may be necessary to 
protect public health or welfare or the environment.". 
(3) Strike the last 3 sentences of subsection (a) in their 
entirety. 
(4) Strike "(a)" and strike out subsection (b). 
104 STAT. 2682 
PUBLIC LAW 101-549—NOV. 15, 1990 
(5) Insert the following at the end: "Prior to taking any action 
under this section, the Administrator shall consult with appro-
priate State and local authorities and attempt to confirm the 
accuracy of the information on which the action proposed to be 
taken is bsised. Any order issued by the Administrator under 
this section shall be effective upon issuance and shall remain in 
effect for a period of not more than 60 days, unless the Adminis-
trator brings an action pursuant to the first sentence of this 
section before the expiration of that period. Whenever the 
Administrator brings such an action within the 60-day period, 
such order shall remain in effect for an additional 14 days or for 
such longer period as may be authorized by the court in which 
such action is brought.". 
SEC. 705. CONTRACTOR LISTINGS. 
42 use 7606. 
Section 306(a) of the Clean Air Act is amended as follows: 
(1) Strike "113(c)(1)" and insert "113(c)". 
(2) Insert at the end thereof: "For convictions arising under 
section 113(cX2), the condition giving rise to the conviction also 
shall be considered to include any substantive violation of this 
Act associated with the violation of 113(cX2). The Administrator 
may extend this prohibition to other facilities owned or oper-
ated by the convicted person.". 
SEC. 706. JUDICIAL REVIEW PENDING RECONSIDERATION OF REGULA-
TION. 
42 use 7607. 
Section 307(b)(1) of the Clean Air Act is amended 
(1) by adding at the end thereof: "The filing of a petition for 
reconsideration by the Administrator of any otherwise final 
rule or action shall not affect the finality of such rule or action 
for purposes of judicial review nor extend the time within which 
a petition for judicial review of such rule or action under this 
section may be filed, and shall not postpone the effectiveness of 
such rule or action."; and 
(2) striking "under section 113(d)" immediately before "under 
section 119" in the second sentence. 
SEC. 707. CITIZEN SUITS. 
42 use 7604. 
(a) CiviL PENALTIES.—Section 304(a) of the Clean Air Act is 
amended by inserting immediately before the period at the end 
thereof: ", and to apply any appropriate civil penalties (except for 
actions under paragraph (2))". 
(b) PENALTY FUND.—Section 304 of the Clean Air Act is amended 
by adding the following new subsection after subsection (f): 
"(g) PENALTY FUND.—(1) Penalties received under subsection (a) 
shall be deposited in a special fund in the United States Treasury 
for licensing and other services. Amounts in such fund are au-
thorized to be appropriated and shall remsiin available until ex-
pended, for use by the Administrator to finance air compliance and 
Reports. 
enforcement activities. The Administrator shall annually report to 
the (Dongress about the sums deposited into the fund, the sources 
thereof, and the actual and proposed uses thereof. 
"(2) Notwithstanding paragraph (1) the court in any action under 
this subsection to apply civil penalties shall have discretion to order 
that such civil penalties, in lieu of being deposited in the fund 
referred to in paragraph (1), be used in beneficial mitigation projects 
which are consistent with this Act and enhance the public health or 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2683 
the environment. The court shall obtain the view of the Adminis-
trator in exercising such discretion and selecting any such projects. 
The amount of any such paynient in any such action shall not 
exceed $100,000.". 
(c) INTERVENTION BY EPA.—Paragraph (2) of section 304(c) of the 
Clean Air Act is amended to read as follows: 
42 USC 7604. 
"(2) In any action under this section, the Administrator, if not a 
party, may intervene as a matter of right at any time in the 
proceeding. A judgment in an action under this section to which the 
United States is not a party shall not, however, have any binding 
effect upon the United States.". 
(d) SERVICE OF COMPLAINT; CONSENT JUDGMENTS.—Section 304(c) of 
the Clean Air Act is amended by adding the following new para-
graph after paragraph (2): 
"(3) Whenever any action is brought under this section the plain-
tiff shall serve a copy of the complaint on the Attorney General of 
the United States and on the Administrator. No consent judgment 
shall be entered in an action brought under this section in which the 
United States is not a party prior to 45 days following the receipt of 
a copy of the proposed consent judgment by the Attorney General 
and the Administrator during which time the Government may 
submit its comments on the proposed consent judgment to the court 
and parties or may intervene as a matter of right.". 
(e) OTHER REQUIREMENTS.—Section 304(f) of the Clean Air Act is 
amended by striking "any condition or requirement of section 113(d) 
(relating to certain enforcement orders)" in paragraph (3), by strik-
ing "part B of title I" in paragraph (3) and inserting in lieu thereof 
"title VI", and by striking the period at the end of paragraph (3) and 
inserting "; or" and by adding the following new paragraph at the 
end thereof: 
"(4) any other standard, limitation, or schedule established 
under any permit issued pursuant to title V or under any 
applicable State implementation plan approved by the Adminis-
trator, any permit term or condition, and any requirement to 
obtain a permit as a condition of operations.". 
(f) UNREASONABLE DELAY.—Section 304(a) of the Clean Air Act is Courts. 
amended by adding the following at the end thereof: "The district 
courts of the United States shall have jurisdiction to compel (consist-
ent with paragraph (2) of this subsection) agency action unreeison-
ably delayed, except that an action to compel Eigency action referred 
to in section 307(b) which is unreasonably delayed may only be filed 
in a United States District Court within the circuit in which such 
action would be reviewable under section 307(b). In any such action 
for unreasonable delay, notice to the entities referred to in subsec-
tion (bXlXA) shall be provided 180 days before commencing such 
action.". 
(g) PAST VIOLATIONS.—Section 304(a) of the Clean Air Act is 
amended by inserting immediately before "to be in violation" in 
paragraphs (1) and (3) "to have violated (if there is evidence that the 
alleged violation has been repeated) or". The amendment made by 42 USC 7604 
this subsection shall take effect with respect to actions brought after 
^°^-
the date 2 years after the enactment of the Clean Air Act Amend-
ments of 1990. 
(h) DEFERRED ACTIONS.—Section 307(bX2) of the Clean Air Act is 42 USC 7607. 
amended by adding the following at the end thereof: "Where a final 
decision by the Administrator defers performance of any non-
104 STAT. 2684 
PUBLIC LAW 101-549—NOV. 15, 1990 
discretionary statutory action to a later time, any person may 
challenge the deferral pursuant to paragraph (1).". 
SEC. 708. ENHANCED IMPLEMENTATION AND ENFORCEMENT OF NEW 
SOURCE REVIEW REQUIREMENTS. 
42 use 7477. 
Section 167 of the Clean Air Act is amended by striking "the 
construction of a major emitting facility" and inserting "the 
construction or modification of a major emitting facility". 
SEC. 709. MOVABLE STATIONARY SOURCES. 
42 use 7602. 
Section 302 of the Clean Air Act is amended by adding the 
following subsection at the end thereof: 
"(z) STATIONARY SOURCE.—The term 'stationary source' means 
generally any source of an air pollutant except those emissions 
resulting directly from an internal combustion engine for transpor-
tation purposes or from a nonroad engine or nonroad vehicle as 
defined in section 216.". 
SEC. 710. ENFORCEMENT OF NEW TITLES OF THE ACT. 
42 use 7420. 
(a) SECTION 120.—Section 120(a)(2XA) of the Clean Air Act is 
amended as follows: 
(1) Insert ", 167, 303," after "111" in clause (ii). 
(2) Redesignate clause (iii) as (iv) and in new clause (iv) strike 
"clause (i) or (ii)", and insert "clause (i), (ii), or (iii)". 
(3) Insert the following new clause after clause (ii)— 
"(iii) a stationary source which is not in compliance with any 
requirement of title IV, V, or VI of this Act, or". 
42 use 7607. 
(b) SECTION 307.—Section 307(d)(1)(H) of the Clean Air Act is 
amended by striking out "subtitle B of title I" and inserting "title 
VI". 
42 use 7401 
SEC. 711. SAVINGS PROVISIONS AND EFFECTIVE DATES. 
(a) SAVINGS PROVISIONS.—Except as otherwise expressly provided 
in this Act, no suit, action, or other proceeding lawfully commenced 
by the Administrator or any other officer or employee of the United 
States in his official capacity or in relation to- the discharge of his 
official duties under the Clean Air Act, as in effect immediately 
prior to the date of enactment of this Act, shall abate by reason of 
the taking effect of the amendments made by this Act. 
(b) EFFECTIVE DATES.—(1) Except as otherwise expressly provided, 
the amendments made by this Act shall be effective on the date of 
enactment of this Act. 
(2) The Administrator's authority to assess civil penalties under 
section 205(c) of the Clean Air Act, as amended by this Act, shall 
apply to violations that occur or continue on or after the date of 
enactment of this Act. Civil penalties for violations that occur prior 
to such date and do not continue after such date shall be assessed in 
accordance with the provisions of the Clean Air Act in effect imme-
diately prior to the date of enactment of this Act. 
(3) The civil penalties prescribed under sections 205(a) and 
211(d)(1) of the Clean Air Act, as amended by this Act, shall apply to 
violations that occur on or after the date of enactment of this Act. 
Violations that occur prior to such date shall be subject to the civil 
penalty provisions prescribed in sections 205(a) and 211(d) of the 
Clean Air Act in effect immediately prior to the enactment of this 
Act. The injunctive authority prescribed under section 211(d)(2) of 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2685 
the Clean Air Act, as amended by this Act, shall apply to violations 
that occur or continue on or after the date of enactment of this Act. 
(4) For purposes of paragraphs (2) and (3), where the date of a 
violation cannot be determined it will be assumed to be the date on 
which the violation is discovered. 
TITLE VIII—MISCELLANEOUS 
PROVISIONS 
Sec. 801. OC!S air pollution. 
Sec. 802. Grants for support of air pollution planning and control programs. 
Sec. 803. Annual report repeal. 
Sec. 804. Emission factors. 
Sec. 805. Land use authority. 
Sec. 806. Virgin Islands. 
Sec. 807. Hydrogen fuel cell vehicle study and test program. 
Sec. 808. Renewable energy and energy conservation incentives. 
Sec. 809. Clean air study of southwestern New Mexico. 
Sec. 810. Impact on small communities. 
Sec. 811. Equivalent air quality controls among trading nations. 
Sec. 812. Analyses of costs and benefits. 
Sec. 813. Ck>mbustion of contaminated used oil in ships. 
Sec. 814. American made products. 
Sec. 815. Establishment of program to monitor and improve air quality in regions 
along the border between the United States and Mexico. 
Sec. 816. Visibility. 
Sec. 817. Role of secondary standards. 
Sec. 818. International border areas. 
Sec. 819. Exemptions for stripper wells. 
Sec. 820. EPA report on magnetic levitation. 
Sec. 821. Information gathering on greenhouse gases contributing to global climate 
changes. 
Sec. 822. Authorization. 
SEC. 801. OCS AIR POLLUTION. 
Title III of the Clean Air Act is amended by adding the following 
new section after section 327: 
"SEC. 328. AIR POLLUTION FROM OUTER CONTINENTAL SHELF ACTIVI- 42 USC 7627. 
TIES. 
"(a)(1) APPLICABLE REQUIREMENTS FOR CERTAIN AREAS.—Not later 
thgm 12 months after the enactment of the Clean Air Act Amend-
ments of 1990, following consultation with the Secretary of the 
Interior and the Commandant of the United States Coast Guard, the 
Administrator, by rule, shall establish requirements to control air 
pollution from Outer Continental Shelf sources located offshore of 
the States along the Pacific, Arctic and Atlantic Coasts, and along 
the United States Gulf Coast off the State of Florida eastward of 
longitude 87 degrees and 30 minutes COCS sources') to attain and 
maintain Federal and State ambient air quality standards and to 
comply with the provisions of part C of title I. For such sources 
located within 25 miles of the seaward boundary of such States, such 
requirements shall be the same as would be applicable if the source 
were located in the corresponding onshore area, and shall include, 
but not be limited to. State and local requirements for emission 
controls, emission limitations, offsets, permitting, monitoring, test-
ing, and reporting. New OCS sources shall comply with such 
requirements on the date of promulgation and existing OCS sources 
shall comply on the date 24 months thereafter. The Administrator 
shall update such requirements as necessary to maintain consist-
104 STAT. 2686 
PUBLIC LAW 101-549—NOV. 15, 1990 
ency with onshore regulations. The authority of this subsection shall 
supersede section 5(a)(8) of the Outer Ck)ntinental Shelf Lands Act 
but shall not repeal or modify any other Federal, State, or local 
authorities with respect to air quality. Each requirement established 
under this section shall be treated, for purposes of sections 113, 114, 
116, 120, and 304, as a standard under section 111 and a violation of 
any such requirement shall be considered a violation of section 
111(e). 
"(2) EXEMPTIONS.—The Administrator may exempt an OCS source 
from a specific requirement in effect under regulations under this 
subsection if the Administrator finds that compliance with a pollu-
tion control technology requirement is technicEilly infeasible or will 
cause an unreasonable threat to health and safety. The Adminis-
trator shall make written findings explaining the basis of any 
exemption issued pursuant to this subsection and shall impose 
another requirement equal to or as close in stringency to the 
original requirement as possible. The Administrator shall ensure 
that any increase in emissions due to the granting of an exemption 
is offset by reductions in actual emissions, not otherwise required by 
this Act, from the same source or other sources in the area or in the 
corresponding onshore area. The Administrator shall establish 
procedures to provide for public notice and comment on exemptions 
proposed pursuant to this subsection. 
Regulations. 
"(3) STATE PROCEDURES.—Each State adjacent to an OCS source 
included under this subsection may promulgate and submit to the 
Administrator regulations for implementing and enforcing the 
requirements of this subsection. If the Administrator finds that the 
State regulations are adequate, the Administrator shall delegate to 
that State any authority the Administrator has under this Act to 
implement and enforce such requirements. Nothing in this subsec-
tion shall prohibit the Administrator from enforcing any require-
ment of this section. 
"(4) DEFINITIONS.—For purposes of subsections (a) and (b)— 
"(A) OUTER CONTINENTAL SHELF.—The term 'Outer Continen-
tal Shelf has the meaning provided by section 2 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331). 
"(B) CORRESPONDING ONSHORE AREA.—The term 'correspond-
ing onshore area' means, with respect to any OCS source, the 
onshore attainment or nonattainment area that is closest to the 
source, unless the Administrator determines that another area 
with more stringent requirements with respect to the control 
and abatement of air pollution may reasonably be expected to 
be affected by such emissions. Such determination shall be 
based on the potential for air pollutants from the OCS source to 
reach the other onshore area and the potential of such air 
pollutants to affect the efforts of the other onshore area to 
attain or maintain any Federal or State ambient air quality 
standard or to comply with the provisions of part C of title I. 
"(C) OUTER CONTINENTAL SHELF SOURCE.—The terms 'Outer 
Continental Shelf source' and 'OCS source' include any equip-
ment, activity, or facility which— 
"(i) emits or has the potential to emit any air pollutant, 
"(ii) is regulated or authorized under the Outer Continen-
tal Shelf Lands Act, and 
"(iii) is located on the Outer Continental Shelf or in or on 
waters above the Outer Continental Shelf. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2687 
Such activities include, but are not limited to, platform and drill 
ship 
exploration, 
construction, 
development, 
production, 
processing, and transportation. For purposes of this subsection, 
emissions from any vessel servicing or associated with an OCS 
source, including emissions while at the OCS source or en route 
to or from the OCS source within 25 miles of the OCS source, 
shall be considered direct emissions from the OCS source. 
"(D) NEW AND EXISTING OCS SOURCES.—The term 'new OCS 
source' meems an OCS source which is a new source within the 
meaning of section 111(a). The term 'existing OCS source' means 
any OCS source other than a new OCS source. 
"(b) REQUIREMENTS FOR OTHER OFFSHORE AREAS.—For portions of 
the United States Gulf Coast Outer Continental Shelf that are 
adjacent to the States not covered by subsection (a) which are Texas, 
Louisiana, Mississippi, and Alabama, the Secretary shall consult 
with the Administrator to assure coordination of air pollution con-
trol regulation for Outer Continental Shelf emissions and emissions 
in adjacent onshore areas. Concurrently with this obligation, the 
Secretary shall complete within 3 years of enactment of this section 
a research study exEimining the impacts of emissions from Outer 
Continental Shelf activities in such areas that fail to meet the 
national ambient air quality standards for either ozone or nitrogen 
dioxide. Based on the results of this study, the Secretary shall 
consult with the Administrator and determine if any additional 
actions are necessary. There are authorized to be appropriated such 
Appropriation 
sums as may be necessary to provide funding for the study required 
authorization. 
under this section. 
"(c)(1) COASTAL WATERS.—The study report of section 112(n) of the 
Clean Air Act shall apply to the coastal waters of the United States 
to the same extent gind in the same manner as such requirements 
apply to the Great Lakes, the Chesapeake Bay, and their tributary 
waters.". 
"(2) The regulatory requirements of section 112(n) of the Clean Air 
Act shall apply to the coEistal waters of the States which are subject 
to subsection (a) of this section, to the same extent and in the same 
manner as such requirements apply to the Great Lakes, the Chesa-
peake Bay, and their tributary waters.". 
SEC. 8
0
2
. 
GRANTS FOR SUPPORT OF AIR POLLUTION PLANNING AND 
CONTROL 
PROGRAMS. 
(a) GRANTS.—Subparagraphs (A) and (B) of section 105(aXl) of the 
Clean Air Act are amended to read as follows: 
42 USC 7405. 
"(A) The Administrator may make grants to air pollution control 
agencies, within the meaning of paragraph (1), (2), (3), (4), or (5) of 
section 302, in an amount up to three-fifths of the cost of implement-
ing programs for the prevention and control of air pollution or 
implementation of national primary and secondary ambient air 
quality standards. For the purpose of this section, 'implementing' 
means any activity related to the planning, developing, establishing, 
carrying-out, improving, or maintaining of such programs. 
"(B) Subject to subsections (b) and (c) of this section, an air 
pollution control agency which receives a grant under subparagraph 
(A) and which contributes less than the required two-fifths mini-
mum shall have 3 years following the date of the enactment of the 
Clean Air Act Amendments of 1990 in which to contribute such 
amount. If such an agency fails to meet and maintain this required 
104 STAT. 2688 
PUBLIC LAW 101-549—NOV. 15, 1990 
level, the Administrator shall reduce the amount of the Federal 
contribution accordingly.". 
(b) CONFORMING AMENDMENT.—Section 105(aXlXC) of the Clean 
42 use 7405. 
Air Act is amended by striking "(B)" and inserting "(A)". 
(c) LIMITATION ON GRANTS.—Section 105(b) of the Clean Air Act is 
amended by— 
(1) inserting "(1)" immediately after "(b)" 
(2) striking all that follows "(3) the financial need of the 
respective agencies."; and 
(3) redesignating paragraphs (1), (2), and (3) as subparagraphs 
(A), (B), and (C) respectively. 
(d) LIMITATION.—Section 105 of the Clean Air Act is amended by 
redesignating subsection (c) as paragraph (2) of subsection (b) and by 
striking all that follows "into which such area extends." in the 
newly designated paragraph (2) and inserting "Subject to the provi-
sions of paragraph (1) of this subsection, no State shall have made 
available to it for application less than one-half of 1 per centum of 
the annual appropriation for grants under this section for grants to 
agencies within such State.". 
(e) MAINTENANCE OF EFFORT.—Section 105 of the Clean Air Act is 
amended by inserting the following new subsection after subsec-
tion (b): 
"(c) MAINTENANCE OF EFFORT.—(1) No agency shall receive any 
grant under this section during any fiscal year when its expendi-
tures of non-Federal funds for recurrent expenditures for air pollu-
tion control programs will be less than its expenditures were for 
such programs during the preceding fiscal year. In order for the 
Administrator to award grants under this section in a timely 
manner each fiscal year, the Administrator shall compare an 
agency's prospective expenditure level to that of its second preced-
Regulations. 
ing ^ c a l year. The Administrator shall revise the current regula-
tions which define applicable nonrecurrent and recurrent expendi-
tures, and in so doing, give due consideration to exempting an 
agency from the limitations of this paragraph and subsection (a) due 
to periodic increases experienced by that agency from time to time 
in its annual expenditures for purposes acceptable to the Adminis-
trator for that fiscal year. 
"(2) The Administrator may still award a grant to an agency not 
meeting the requirements of paragraph (1) of this subsection if the 
Administrator, after notice and opportunity for public hearing, 
determines that a reduction in expenditures is attributable to a non-
selective reduction in the expenditures in the programs of all Execu-
tive branch agencies of the applicable unit of Grovernment. No 
agency shall receive any grant under this section with respect to the 
maintenance of a program for the prevention and control of air 
pollution unless the Administrator is satisfied that such a grant will 
be so used to supplement and, to the extent practicable, increase the 
level of State, local, or other non-Federal funds. No grants shall be 
made under this section until the Administrator has consulted with 
the appropriate official as designated by the Governor or Governors 
of the State or States affected.". 
42 use 7406. 
(f) CosTS.—Section 106 of the Clean Air Act is amended by striking 
"three-fourths of the air quality planning program costs of such 
agency" and inserting "three-fifths of the air quality implementa-
tion program costs of such agency". 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2689 
SEC. 
8
0
3
. 
ANNUAL 
REPORT 
REPEAL. 
^ 
Section 313 of the Clean Air Act is repealed. 
42 USC 7613. 
SEC. 804. EMISSION FACTORS. 
Part A of title I of the Clean Air Act is amended by adding the 
following new section at the end thereof: 
"SEC. 130. EMISSION FACTORS. 
42 USC 7430. 
"Within 6 months after enactment of the Clean Air Act Amend-
ments of 1990, and at least every 3 years thereafter, the Adminis-
trator shall review and, if necessary, revise, the methods ('emission 
factors') used for purposes of this Act to estimate the quantity of 
emissions of carbon monoxide, volatile organic compounds, and 
oxides of nitrogen from sources of such air pollutants (including 
area sources and mobile sources). In addition, the Administrator 
shall establish emission factors for sources for which no such meth-
ods have previously been established by the Administrator. The 
Administrator shall permit any person to demonstrate improved 
emissions estimating techniques, and following approval of such 
techniques, the Administrator shall authorize the use of such tech-
niques. Any such technique may be approved only after appropriate 
public participation. Until the Administrator has completed the 
revision required by this section, nothing in this section shall be 
construed to affect the validity of emission factors established by the 
Administrator before the date of the enactment of the Clean Air Act 
Amendments of 1990.". 
SEC. 805. LAND USE AUTHORITY. 
Part A of title I of the Clean Air Act is amended by adding the 
following at the end thereof: 
"SEC. 131. LAND USE AUTHORITY. 
42 USC 7431. 
"Nothing in this Act constitutes an infringement on the existing 
authority of counties and cities to plan or control land use, and 
nothing in this Act provides or transfers authority over such land 
use.". 
SEC. 806. VIRGIN ISLANDS. 
Section 324(aXl) of the Clean Air Act (42 U.S.C. 7625-l(aXl)) is 
amended by inserting "the Virgin Islands," after 
"American 
Samoa,". 
SEC. 807. HYDROGEN FUEL CELL VEHICLE STUDY AND TEST PROGRAM. 42 USC 7404 
The Administrator of the Environmental Protection Agency, in 
conjunction with the National Aeronautics and Space Administra-
tion and the Department of Energy, shall conduct a study and test 
program on the development of a hydrogen fuel cell electric vehicle. 
The study and test program shall determine how best to trsmsfer 
existing NASA hydrogen fuel cell technology into the form of a 
mass-producible, cost effective hydrogen fuel cell vehicle. Such study 
and test program shall include at a minimum a feasibility-design 
study, the construction of a prototype, and a demonstration. This 
study and test program should be completed and a report submitted 
to Congress within 3 years after the enactment of the Clean Air Act 
Amendments of 1990. This study and test program should be per-
formed in the university or universities which are best exhibiting 
the facilities and expertise to develop such a fuel cell vehicle. 
104 STAT. 2690 
PUBLIC LAW 101-549—NOV. 15, 1990 
42 use 7171 
SEC. 808. RENEWABLE ENERGY AND ENERGY CONSERVATION INCEN-
note. 
TIVES. 
(a) DEFINITION.—For purposes of this section, "renewable energy" 
means energy from photovoltaic, solar thermal, wind, geothermal, 
and biomass energy production technologies. 
(b) RATE INCENTIVES STUDY.—Within 18 months after enactment, 
the Federal Energy Regulatory Commission, in consultation with 
the Environmental Protection Agency, shall complete a study which 
calculates the net environmental benefits of renewable energy, 
compared to nonrenewable energy, and assigns numerical values to 
them. The study shall include, but not be limited to, environmental 
impacts on air, water, land use, water use, human health, and waste 
disposal. 
(c) MODEL REGULATIONS.—In conjunction with the study in subsec-
tion (b), the Commission shall propose one or more models for 
incorporating the net environmental benefits into the regulatory 
treatment of renewable energy in order to provide economic com-
pensation for those benefits. 
(d) REPORT.—The Commission shall transmit the study and the 
model regulations to Congress, along with any recommendations on 
the best ways to reward renewable energy technologies for their 
environmental benefits, in a report no later than 24 months after 
enactment. 
SEC. 809. CLEAN AIR STUDY OF SOUTHWESTERN NEW MEXICO. 
The Administrator shall conduct a study of the causes of degraded 
visibility in southwestern New Mexico. The Administrator, in con-
sultation with the Secretary of State, is encouraged to cooperate 
with the Government of Mexico, other Federal agencies, and any 
other appropriate organizations in conducting the study. Nothing in 
this section shall be construed as contravening or superseding the 
provisions of any international agreement in force for the United 
States as of the date of enactment of this section, or any relevant 
Federal statute. 
42 use 7401 
SEC. 810. IMPACT ON SMALL COMMUNITIES. 
Before implementing a provision of this Act, the Administrator of 
the Environmental Protection Agency shall consult with the Small 
Communities Coordinator of the Environmental Protection Agency 
to determine the impact of such provision on small communities, 
including the estimated cost of compliance with such provision. 
42 use 7612 
SEC. 811. EQUIVALENT 
AIR QUALITY 
CONTROLS 
AMONG 
TRADING 
note. 
NATIONS. 
(a) FINDINGS.—The Congress finds that— 
(1) all nations have the responsibility to adopt and enforce 
effective air quality standards and requirements and the United 
States, in enacting this Act, is carrying out its responsibility in 
this regard; 
(2) as a result of compljdng with this Act, businesses in the 
United States will make significant capital investments and 
incur incremental costs in implementing control technology 
standards; 
(3) such compliance may impair the competitiveness of cer-
tain United States jobs, production, processes, and products if 
foreign goods are produced under less costly environmental 
standards and requirements than are United States goods; and 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2691 
(4) mechanisms should be sought through which the United 
States and its trading partners can agree to eliminate or reduce 
competitive disadvantages, 
(b) ACTION BY THE PRESIDENT.— 
(1) IN GENERAL.—Within 18 months after the date of the Reports, 
enactment of the Clean Air Act Amendments of 1990, the 
President shall submit to the Congress a report— 
(A) identifjdng and evaluating the economic effects of— 
(i) the significant air quality standards and controls 
required under this Act, and 
(ii) the differences between the significant standards 
and controls required under this Act and similar stand-
ards and controls adopted and enforced by the major 
trading partners of the United States, 
on the international competitiveness of United States 
manufacturers; and 
(B) containing a strategy for addressing such economic 
effects through trade consultations and negotiations. 
(2) ADDITIONAL REPORTING REQUIREMENTS.—(A) The evalua-
tion required under paragraph (IXA) shall examine the extent 
to which the significant air quality standards and controls 
required under this Act are comparable to existing internation-
ally-agreed norms. 
(B) The strategy required to be developed under paragraph 
(IXB) shall include recommended options (such as the harmoni-
zation of standards and trade adjustment measures) for reduc-
ing or eliminating competitive disadvantages caused by 
differences in standards and controls between the United States 
and each of its major trading partners. 
(3) PUBLIC COMMENT.—Interested parties shall be given an 
opportunity to submit comments regarding the evaluations and 
strategy required in the report under paragraph (1). The Presi-
dent shall take any such comment into account in preparing the 
report. 
(4) INTERIM REPORT.—Within 9 months after the date of the 
enactment of the Clean Air Act Amendments of 1990, the 
President shall submit to the Congress an interim report on the 
progress being made in complying with paragraph (1). 
SEC. 
8
1
2
. 
ANALYSES 
OF 
COSTS 
AND 
BENEFITS. 
(a) ECONOMIC IMPACT ANALYSES.—Section 312 of the Clean Air Act 42 use 7
6
1
5 
is amended to read as follows: 
"SEC. 
3
1
2
. 
ECONOMIC 
IMPACT 
ANALYSES. 
(a) The Administrator, in consultation with the Secretary of Com-
merce, the Secretary of Labor, and the Council on Clean Air Compli-
ance Analysis (as established under subsection (f) of this section), 
shall conduct a comprehensive analysis of the impact of this Act on 
the public health, economy, and environment of the United States. 
In performing such analysis, the Administrator should consider the 
costs, benefits and other effects associated with compliance with 
each stauidard issued for— 
"(1) a criteria air pollutant subject to a standard issued under 
section 109; 
"(2) a hazardous air pollutant listed under section 112, includ-
ing any technology-based standard and any risk-based standard 
for such pollutant; 
104 STAT. 2692 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(3) emissions from mobile sources regulated under title II of 
this Act; 
"(4) a limitation under this Act for emissions of sulfur dioxide 
or nitrogen oxides; 
"(5) a limitation under title VI of this Act on the production of 
any ozone-depleting substance; and 
(6) any other section of this Act. 
"(b) In describing the benefits of a standard described in subsec-
tion (a), the Administrator shall consider all of the economic, public 
health, and environmental benefits of efforts to comply with such 
standard. In any case where numerical values are assigned to such 
benefits, a default assumption of zero value shall not be assigned to 
such benefits unless supported by specific data. The Administrator 
shall assess how benefits are measured in order to assure that 
damage to human health and the environment is more accurately 
measured and taken into account. 
"(c) In describing the costs of a standard described in subsection 
(a), the Administrator shall consider the effects of such standard on 
employment, productivity, cost of living, economic growth, and the 
overall economy of the United States. 
Reports- 
"(d) Not later than 12 months after the date of enactment of the 
Clean Air Act Amendments of 1990, the Administrator, in consulta-
tion with the Secretary of Commerce, the Secretary of Labor, and 
the C!ouncil on Clean Air CJompliance Ansdysis, shall submit a report 
to the (Dongress that summarizes the results of the analysis de-
scribed in subsection (a), which reports— 
"(1) all costs incurred previous to the date of enactment of the 
Clean Air Act Amendments of 1990 in the effort to comply with 
such st£indards; and 
"(2) all benefits that have accrued to the United States as a 
result of such costs. 
Sports. 
"(e) Not later than 24 months after the date of enactment of the 
Clean Air Act Amendments of 1990, and evenr 24 months thereafter, 
the Administrator, in consultation with the Secretary of Commerce, 
the Secretary of Labor, and the CJouncil on Clean Air Compliance 
Analysis, shall submit a report to the CJongress that updates the 
report issued pursuant to subsection (d), and which, in addition, 
makes projections into the future regarding expected costs, benefits, 
and other effects of compliance with standards pursuant to this Act 
as listed in subsection (a). 
"(f) Not later than 6 months after the date of enactment of the 
Clean Air Act Amendments of 1990, the Administrator, in consulta-
tion with the Secretary of (Dommerce and the Secretary of Labor, 
shall appoint an Advisory CJouncil on Clean Air (Dompliance Analy-
sis of not less than nine members (hereafter in this section referred 
to as the 'Council'). In appointing such members, the Administrator 
shall appoint recognized experts in the fields of the health and 
environmental effects of air pollution, economic analysis, environ-
mental sciences, and such other fields that the Administrator deter-
mines to be appropriate. 
"(g) The Council shall— 
"(1) review the data to be used for any analysis required 
under this section and make recommendations to the Adminis-
trator on the use of such data; 
"(2) review the methodology used to analyze such data and 
make recommendations to the Administrator on the use of such 
methodology; and 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2693 
Reports. 
42 use 7404 
note. 
"(3) prior to the issuance of a report required under subsec-
tion (d) or (e), review the findings of such report, and make 
recommendations to the Administrator concerning the validity 
and utility of such findings.", 
(b) GAO REPORTS ON COSTS AND BENEFITS.—Commencing on the 
42 use 7612 
second year after the date of the enactment of the Clean Air Act note. 
Amendments of 1990 and annually thereafter, the Comptroller Gen-
eral of the General Accounting Office, in consultation with other 
agencies, such as the Environmental Protection Agency, the Depart-
ment of Labor, the Department of Commerce, the United States 
Trade Representative, the National Academy of Sciences, the Office 
of Technology Assessment, the National Academy of Engineering, 
the Council on Environmental Quality, and the Surgeon General, 
shall provide a report to the Congress on the incremental human 
health and environmental benefits, and incremental costs beyond 
current clean air requirements of the new control strategies and 
technologies required by this Act. The report shall include, for such 
strategies and technologies, an analysis of the actual emissions 
reductions beyond existing practice, the effects on human life, 
human health and the environment (including both positive impacts 
and those that may be detrimental to jobs and communities result-
ing from loss of employers and employment, etc.), the energy secu-
rity impacts, and the effect on United States products and industrial 
competitiveness in national and international markets. 
SEC. 813. COMBUSTION OF CONTAMINATED USED OIL IN SHIPS. 
Within 2 years after the enactment of the Clean Air Act Amend-
ments of 1990, the Administrator of the Environmental Protection 
Agency shall complete a study and submit a report to Congress 
evaluating the health and environmental impacts of the combustion 
of contaminated used oil in ships, the reasons for using such oil for 
such purposes, the alternatives to such use, the costs of such alter-
natives, and other relevant factors and impacts. In preparing such 
study, the Administrator shall obtain the view and comments of all 
interested persons and shall consult with the Secretary of Transpor-
tation and the Secretary of the department in which the Coast 
Guard is operating. 
SEC. 814. AMERICAN MADE PRODUCTS. 
It is the sense of the Congress that— 
(1) existing equipment and machinery retrofitted to comply 
with the Clean Air Act's "Best Available Control Technology 
languEige and all other specifications within the Act be 
produced in the United States and purchased from American 
manufacturers. 
(2) The construction of new industrial and utility facilities 
comply to the Act's specifications through the incorporation of 
American made equipment and technology. 
(3) Individuals, groups, and organizations in the public sector 
strive to purchase and produce American made products that 
improve our nation's air quality. 
SEC. 815. ESTABLISHMENT OF PROGRAM TO MONITOR AND IMPROVE AIR 42 USC 7509a 
QUALITY IN REGIONS ALONG THE BORDER BETWEEN THE note. 
UNITED STATES AND MEXICO. 
(a) IN GENERAL.—The Administrator of the Environmental Protec-
tion Agency (hereinafter referred to as the "Administrator") is 
104 STAT. 2694 
PUBLIC LAW 101-549—NOV. 15, 1990 
authorized, in cooperation with the Department of State and the 
affected States, to negotiate with representatives of Mexico to 
authorize a program to monitor and improve air quality in regions 
along the border between the United States and Mexico. The pro-
gram established under this section shall not extend beyond July 1, 
1995. 
(b) MONITORING AND REMEDIATION.— 
(1) MONITORING.—The monitoring component of the program 
conducted under this section shall identify and determine 
sources of pollutants for which national ambient air quality 
standards (hereinafter referred to as "NAAQS") and other air 
quality goals have been established in regions along the border 
between the United States and Mexico. Any such monitoring 
component of the program shall include, but not be limited to, 
the collection of meteorological data, the measurement of air 
quality, the compilation of an emissions inventory, and shall be 
sufficient to the extent necessary to successfully support the use 
of a state-of-the-art mathematical air modeling analysis. Any 
such monitoring component of the program shall collect and 
produce data projecting the level of emission reductions nec-
essary in both Mexico and the United States to bring about 
attainment of both primary and secondary NAAQS, and other 
air quality goals, in regions along the border in the United 
States. Any such monitoring component of the program shall 
include to the extent possible, data from monitoring programs 
undertaken by other parties. 
(2) REMEDIATION.—The Administrator is authorized to nego-
tiate with appropriate representatives of Mexico to deyelop joint 
remediation measures to reduce the level of airborne pollutants 
to achieve and maintain primary and secondary NAAQS, and 
other air quality goals, in regions along the border between the 
United States and Mexico. Such joint remediation measures 
may include, but not be limited to mesisures included in the 
Environmental Protection Agency's Control Techniques and 
Control Technology documents. Any such remediation program 
shall also identify those control measures implementation of 
which in Mexico would be expedited by the use of material and 
financial assistance of the United States. 
(c) ANNUAL REPORTS.—The Administrator shall, each year the 
program authorized in this section is in operation, report to Con-
gress on the progress of the program in bringing nonattainment 
areas along the border of the United States into attainment with 
primary and secondary NAAQS. The report issued by the Adminis-
trator under this paragraph shall include recommendations on fund-
ing mechanisms to assist in implementation of monitoring and 
remediation efforts. 
(d) FUNDING AND PERSONNEL.—The Administrator may, where 
appropriate, make avgiilable, subject to the appropriations, such 
funds, personnel, and equipment as may be necessary to implement 
Grant programs, the provisions of this section. In those cases where direct financial 
assistance of the United States is provided to implement monitoring 
and remediation programs in Mexico, the Administrator shall de-
velop grant sigreements with appropriate representatives of Mexico 
to assure the accuracy and completeness of monitoring data and the 
performance of remediation measures which are financed by the 
United States. With respect to any control measures within Mexico 
funded by the United States, the Administrator shall, to the maxi-
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2695 
mum extent practicable, utilize resources of Mexico where such 
utilization would reduce costs to the United States. Such funding 
agreements shall include authorization for the Administrator to— 
(1) review and agree to plans for monitoring and remediation; 
(2) inspect premises, equipment and records to insure compli-
ance with the agreements established under and the purposes 
set forth in this section; and 
(3) where necessary, develop grant agreements with affected 
States to carry out the provisions of this section. 
SEC. 816. VISIBILITY. 
Subpart 2 of part C of title I of the Clean Air Act is amended by 
adding the following new section at the end thereof: 
"SEC. 169B. VISIBILITY. 
42 USC 7492. 
"(a) STUDIES.—(1) The Administrator, in conjunction with the 
National Park Service and other appropriate Federal agencies, shall 
conduct research to identify and evaluate sources and source regions 
of both visibility impairment and regions that provide predomi-
nantly clean air in class I areas. A total of $8,000,000 per year for 5 
years is authorized to be appropriated for the Environmental Protec-
tion Agency and the other Federal agencies to conduct this research. 
The research shall include— 
"(A) expansion of current visibility related monitoring in 
class I areas; 
"(B) assessment of current sources of visibility impairing 
pollution and clean air corridors; 
"(C) adaptation of regional air quality models for the assess-
ment of visibility; 
"(D) studies of atmospheric chemistry and physics of 
visibility. 
"(2) Based on the findings available from the research required in 
subsection (aXD as well as other available scientific and technical 
data, studies, and other available information pertaining to visi-
bility source-receptor relationships, the Administrator shall conduct 
an assessment and evaluation that identifies, to the extent possible, 
sources and source regions of visibility impairment including natu-
ral sources as well as source regions of clear air for class I areas. The 
Administrator shall produce interim findings from this study within 
3 years after enactment of the Clean Air Act Amendments of 1990. 
"(b) IMPACTS OF OTHER PROVISIONS.—Within 24 months after 
enactment of the Clean Air Act Amendments of 1990, the Adminis-
trator shall conduct an assessment of the progress and improve-
ments in visibility in class I areas that are likely to result from the 
implementation of the provisions of the Clean Air Act Amendments 
of 1990 other than the provisions of this section. Every 5 years 
thereafter the Administrator shall conduct an sissessment of actual 
progress and improvement in visibility in class I areas. The 
Administrator shall prepare a written report on each assessment 
and transmit copies of these reports to the appropriate committees 
of Congress. 
"(c) 
ESTABLISHMENT OF VISIBILITY TRANSPORT REGIONS AND 
COMMISSIONS.— 
"(1) AUTHORITY TO ESTABLISH VISIBILITY TRANSPORT REGIONS.— 
Whenever, upon the Administrator's motion or by petition from 
the Governors of at least two affected States, the Administrator 
has reason to believe that the current or projected interstate 
104 STAT. 2696 
PUBLIC LAW 101-549—NOV. 15, 1990 
transport of air pollutants from one or more States contributes 
significantly to visibility impairment in class I areas located in 
the affected States, the Administrator may establish a transport 
region for such pollutants that includes such States. The 
Administrator, upon the Administrator's own motion or upon 
petition from the Governor of any affected State, or upon the 
recommendations of a transport commission established under 
^ 
subsection (b) of this section may— 
"(A) add any State or portion of a State to a visibility 
transport region when the Administrator determines that 
the interstate transport of air pollutants from such State 
significantly contributes to visibility impairment in a class 
I area located within the transport region, or 
"(B) remove any State or portion of a State from the 
region whenever the Administrator has reason to believe 
that the control of emissions in that State or portion of the 
State pursuant to this section will not significantly contrib-
ute to the protection or enhancement of visibility in any 
class I area in the region. 
"(2) 
VISIBILITY 
TRANSPORT 
COMMISSIONS,—Whenever 
the 
Administrator establishes a transport region under subsection 
(cXD, the Administrator shall establish a transport commission 
comprised of (as a minimum) each of the following members: 
"(A) the Governor of each State in the Visibility Trans-
port Region, or the Governor's designee; 
"(B) 'The Administrator or the Administrator's designee; 
and 
"(C) A representative of each Federal agency charged 
with the direct mansigement of each class I area or areas 
within the Visibility Transport Region. 
"(3) All representatives of the Federal Government shall be 
ex officio members. 
"(4) The visibility transport commissions shall be exempt 
from the requirements of the Federal Advisory Committee Act 
(5 U.S.C. Appendix 2, Section 1). 
"(d) DUTIES OF VISIBILITY TRANSPORT COMMISSIONS.—A Visibility 
Transport Clommission— 
"(1) shall assess the scientific and technical data, studies, and 
other currently available information, including studies con-
ducted pursuant to subsection (a)(1), pertaining to adverse im-
pacts on visibility from potential or projected growth in 
emissions from sources located in the Visibility Transport 
Region; and 
Reports. 
"(2) shall, within 4 years of establishment, issue a report to 
the Administrator recommending what measures, if any, should 
be taken under the Clean Air Act to remedy such adverse 
impacts. The report required by this subsection shall address at 
least the following measures: 
"(A) the establishment of clean air corridors, in which 
additional restrictions on increases in emissions may be 
appropriate to protect visibility in affected class I areas; 
"(B) the imposition of the requirements of part D of this 
title affecting the construction of new major stationary 
sources or major modifications to existing sources in such 
clean air corridors specifically including the alternative 
siting analysis provisions of section 173(aX5); and 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2697 
"(C) the promulgation of regulations under section 169A 
to address long range strategies for addressing regional 
haze which impairs visibility in affected class I areas. 
"(e) DUTIES OF THE ADMINISTRATOR.—(1) The Administrator shall, 
taking into account the studies pursuant to subsection (aXD and the 
reports pursuant to subsection (dX2) and any other relevant informa-
tion, within eighteen months of receipt of the report referred to in 
subsection (dX2) of this section, carry out the Administrator's regu-
latory responsibilities under section 169A, including criteria for 
measuring 'reasonable progress' toward the national goal. 
"(2) Any regulations promulgated under section 169A of this title 
pursuant to this subsection shall require affected States to revise 
within 12 months their implementation plans under section 110 of 
this title to contain such emission limits, schedules of compliance, 
and other measures as may be necessary to carry out regulations 
promulgated pursuant to this subsection. 
"(f) 
GRAND CANYON VISIBILITY TRANSPORT COMMISSION.—The 
Administrator pursuant to subsection (cXD shall, within 12 months, 
establish a visibility transport commission for the region affecting 
the visibility of the Grand Canyon National Park.". 
SEC. 817. ROLE OF SECONDARY STANDARDS 
42 USC 7409 
(a) REPORT.—The Administrator shall request the Nationsd Acad-
emy of Sciences to prepare a report to the Congress on the role of 
national secondary ambient air quality standards in protecting 
welfare and the environment. The report shall: 
(1) include information on the effects on welfare and the 
environment which are caused by ambient concentrations of 
pollutants listed pursuant to section 108 and other pollutants 
which may be listed; 
(2) estimate welfare and environmental costs incurred as a 
result of such effects; 
(3) examine the role of secondary standards and the State 
implementation planning process in preventing such effects; 
(4) determine ambient concentrations of each such pollutant 
which would be adequate to protect welfare and the environ-
ment from such effects; 
(5) estimate the costs and other impacts of meeting secondary 
standards; and 
(6) consider other means consistent with the goals and objec-
tives of the Clean Air Act which may be more effective than 
secondary standards in preventing or mitigating such effects. 
(b) SUBMISSION TO CONGRESS; COMMENTS; AUTHORIZATION.—(1) The 
report shall be transmitted to the Congress not later than 3 years 
after the date of enactment of the Clean Air Act Amendments of 
1990. 
(2) At least 90 days before issuing a report the Administrator shall 
provide an opportunity for public comment on the proposed report. 
The Administrator shall include in the fin£il report a summary of 
the comments received on the proposed report. 
(3) There are authorized to be appropriated such sums as are 
necessary to carry out this section. 
SEC. 818. INTERNATIONAL BORDER AREAS. 
Subpart 1 of part D of title I of the Clean Air Act is amended by 
adding at the end thereof the following new section: 
104 STAT. 2698 
PUBLIC LAW 101-549—NOV. 15, 1990 
42 use 7509a. 
"SEC. 179B. INTERNATIONAL BORDER AREAS. 
"(a) IMPLEMENTATION PLANS AND REVISIONS.—Notwithstanding 
any other provision of law, an implementation plan or plan revision 
required under this Act shall be approved by the Administrator if— 
"(1) such plan or revision meets all the requirements ap-
plicable to it under the Act other than a requirement that such 
plan or revision demonstrate attainment and maintenance of 
the relevant national ambient air quality standards by the 
attainment date specified under the applicable provision of this 
Act, or in a regulation promulgated under such provision, and 
"(2) the submitting State establishes to the satisfaction of the 
Administrator that the implementation plan of such State 
would be adequate to attain and maintain the relevant national 
ambient air quality standards by the attainment date specified 
under the applicable provision of this Act, or in a regulation 
promulgated under such provision, but for emissions emanating 
from outside of the United States. 
"0)) ATTAINMENT OF OZONE LEVELS.—Notwithstanding any other 
provision of law, any State that establishes to the satisfaction of the 
Administrator that, with respect to an ozone nonattainment area in 
such State, such State would have attained the national ambient air 
quality standard for ozone by the applicable attainment date, but for 
emissions emanating from outside of the United States, shall not be 
subject to the provisions of section 181(a)(2) or (5) or section 185. 
"(c) ATTAINMENT OF CARBON MONOXIDE LEVELS.—Notwithstanding 
any other provision of law, any State that establishes to the satisfac-
tion of the Administrator, with respect to a carbon monoxide non-
attainment area in such State, that such State has attained the 
national ambient £iir quality standard for carbon monoxide by the 
applicable attainment date, but for emissions emanating from out-
side of the United States, shall not be subject to the provisions of 
section 186(b)(2) or (9). 
"(d) ATTAINMENT OF P M - 1 0 LEVELS.—Notwithstanding any other 
provision of law, any State that establishes to the satisfaction of the 
Administrator that, with respect to a PM-10 nonattainment area in 
such State, such State would have attained the national ambient air 
quality standard for carbon monoxide by the applicable attainment 
date, but for emissions emanating from outside the United States, 
shall not be subject to the provisions of section 188(bX2).". 
42 use 7511 
SEC. 819. EXEMPTIONS FOR STRIPPER WELLS. 
Notwithstanding any other provision of law, the amendments to 
the Clean Air Act made by section 103 of the Clean Air Act 
Amendments of 1990 (relating to additional provisions for ozone 
nonattainment areas), by section 104 of such amendments (relating 
to additional provisions for carbon monoxide nonattainment areas), 
by section 105 of such amendments (relating to additional provisions 
for PM-10 nonattainment areas), and by section 106 of such amend-
ments (relating to additional provisions for areas designated as 
nonattainment for sulfur oxides, nitrogen dioxide, and lead) shall 
not apply with respect to the production of and equipment used in 
the exploration, production, development, storage or processing of— 
(1) oil from a stripper well property, within the meaning of 
the June 1979 energy regulations (within the meaning of section 
499603X7) of the Internal Revenue Code of 1986, as in effect 
before the repeal of such section); and 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2699 
(2) stripper well natural gas, as defined in section 1080t)) of the 
Natural Gas Policy Act of 1978 (15 U.S.C. 3318(b)). 
except to the extent that provisions of such amendments cover areas 
designated as Serious pursuant to part D of title I of the Clean Air 
Act and having a population of 350,000 or more, or areas designated 
as Severe or Extreme pursuant to such part D. 
SEC. 820. EPA REPORT ON MAGNETIC LEVITATION. 
The Administrator of the Environmental Protection Agency shall, 
not later than 6 months after the date of enactment of this Act, 
submit to the (Dongress and the President a report of the Adminis-
trator's activities under any agreement with the Department of 
Transportation entered into prior to such date of enactment provid-
ing for an analysis of the health and environmental aspects of 
magnetic levitation technology. 
SEC. 821. INFORMATION GATHERING ON GREENHOUSE GASES CONTRIB- 42 USC 7651k 
UTING TO GLOBAL CLIMATE CHANGE. 
note. 
(a) MONITORING.—The Administrator of the Environmental Regulations. 
Protection Agency shall promulgate regulations within 18 months 
after the enactment of the Clean Air Act Amendments of 1990 to 
require that all affected sources subject to title V of the Clean Air 
Act shall also monitor carbon dioxide emissions according to the 
same timetable as in section 511 (b) and (c). The regulations shall 
require that such data be reported to the Administrator. The provi-
sions of section 511(e) of title V of the Clean Air Act shall apply for 
purposes of this section in the same manner and to the same extent 
as such provision applies to the monitoring and data referred to in 
section 511. 
(b) PUBLIC AVAILABIUTY OF CARBON DIOXIDE INFORMATION.—For 
each unit required to monitor and provide carbon dioxide data 
under subsection (a), the Administrator shall compute the unit's 
aggregate annual total carbon dioxide emissions, incorporate such 
data into a computer data base, and make such siggregate annual 
data avEiilable to the public. 
SEC. 822. AUTHORIZATION. 
Section 327 of the Clean Air Act is amended to read as follows: 42 USC 7626. 
"SEC. 327. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.—There are authorized to be appropriated to 
carry out this Act such sums as may be necessary for the 7 fiscal 
years commencing after the enactment of the Clean Air Act Amend-
ments of 1990. 
"(b) GRANTS FOR PLANNING.—There are authorized to be appro-
priated (1) not more than $50,000,000 to carry out section 175 
beginning in fiscal year 1991, to be available until expended, to 
develop plan revisions required by subpart 2, 3, or 4 of part D of title 
I, and (2) not more than $15,000,000 for each of the 7 fiscal years 
commencing after the enactment of the Clean Air Act Amendments 
of 1990 to make grants to the States to prepare implementation 
plans as required by subpart 2, 3, or 4 of part D of title I.". 
104 STAT. 2700 
PUBLIC LAW 101-549~NOV. 15, 1990 
TITLE IX—CLEAN AIR RESEARCH 
Sec. 901. Clean air research. 
SEC. 901. CLEAN AIR RESEARCH. 
(a) RESEARCH AND DEVELOPMENT PROGRAM.—(1) Section 103(aXl) 
42 use 7403. 
of the Clean Air Act is amended by inserting after "effects" the 
words "(including health and welfare effects)". 
(2) Section 103(b) of the Clean Air Act is amended— 
(A) in paragraph (6) by striking "and" after "control thereof;"; 
(B) in paragraph (7) by striking the period and inserting in 
lieu thereof "; and"; and 
(C) by adding at the end the following new paragraph: 
"(8) construct facilities, provide equipment, and employ staff 
as necessary to carry out this Act.". 
(b) RESEARCH AMENDMENTS.—Section 103(c) through (f) of the 
Clean Air Act is amended to read as follows: 
"(c) 
AIR POLLUTANT MONITORING, ANALYSIS, MODELING, AND 
INVENTORY RESEARCH.—In carrying out subsection (a), the Adminis-
trator shall conduct a program of research, testing, and develop-
ment of methods for sampling, measurement, monitoring, analysis, 
and modeling of air pollutants. Such program shall include the 
following elements: 
"(1) Consideration of individual, as well as complex mixtures 
of, air pollutants and their chemical transformations in the 
atmosphere. 
"(2) Establishment of a national network to monitor, collect, 
and compile data with quantification of certainty in the status 
and trends of air emissions, deposition, air quality, surface 
water quality, forest condition, and visibility impairment, and 
to ensure the comparability of air quality data collected in 
different States and obtained from different nations. 
"(3) Development of improved methods and technologies for 
sampling, measurement, monitoring, analysis, and modeling to 
increase understanding of the sources of ozone percursors, ozone 
formation, ozone transport, regional influences on urban ozone, 
regional ozone trends, and interactions of ozone with other 
pollutants. Emphasis shall be placed on those techniques 
which— 
"(A) improve the ability to inventory emissions of volatile 
organic compounds and nitrogen oxides that contribute to 
urban air pollution, including anthropogenic and natural 
sources; 
"(B) improve the understanding of the mechanism 
through which anthropogenic and biogenic volatile organic 
compounds react to form ozone and other oxidants; and 
"(C) improve the ability to identify and evaluate region-
speciflc prevention and control options for ozone pollution. 
"(4) Submission of periodic reports to the Congress, not less 
than once every 5 years, which evaluate and assess the effective-
ness of air pollution control regulations and programs using 
monitoring and modeling data obtained pursuant to this 
subsection. 
"(d) 
ENVIRONMENTAL 
HEALTH 
EFFECTS 
RESEARCH.—(1) 
The 
Administrator, in consultation with the Secretary of Health and 
Human Services, shall conduct a research program on the short-
term and long-term effects of air pollutants, including wood smoke, 
on human health. In conducting such research program the 
Administrator— 
PUBLIC LAW 101-549—NOV. 15,1990 
104 STAT. 2701 
"(A) shall conduct studies, including epidemiological, clinical, 
and laboratory and field studies, as necessary to identify and 
evaluate exposure to and effects of air pollutants on human 
health; 
"(B) may utilize, on a reimbursable basis, the facilities of 
existing Federal scientific laboratories and research centers; 
and 
"(C) shall consult with other Federal agencies to ensure that 
similar research being conducted in other agencies is coordi-
nated to avoid duplication. 
"(2) In conducting the research program under this subsection, the 
Administrator shall develop methods and techniques necessary to 
identify and assess the risks to human health from both routine and 
accidental exposures to individu£il air pollutants and combinations 
thereof. Such research program shall include the 
following 
elements: 
"(A) The creation of an Interagency Task Force to coordinate Establishment, 
such program. The Task Force shall include representatives of 
the National Institute for Environmental Health Sciences, the 
Environmental Protection Agency, the Agency for Toxic Sub-
stances and Disesise Registry, the National Toxicology Program, 
the National Institute of Standards and Technology, the Na-
tional Science Foundation, the Surgeon (Jeneral, and the 
Department of Energy. This Interagency Task Force shall be 
chaired by a representative of the Environmental Protection 
Agency and shall convene its first meeting within 60 days after 
the date of enactment of this subparagraph. 
"(B) An evaluation, within 12 months after the date of enact-
ment of this paragraph, of each of the hazardous air pollutants 
listed under section 112(b) of this Act, to decide, on the basis of 
available information, their relative priority for preparation of 
environmental health assessments pursuant to subparagraph 
(C). The evaluation shall be based on reasonably anticipated 
toxicity to humans and exposure factors such as frequency of 
occurrence as an air pollutant and volume of emissions in 
populated areas. Such evaluation shall be reviewed by the 
Interagency Task Force established pursuant to subpara-
graph (A). 
"(C) Preparation of environmental health assessments for 
each of the hazardous air pollutants referred to in subpara-
graph (B), beginning 6 months after the first meeting of the 
Interagency Task Force and to be completed within 96 months 
thereafter. No fewer than 24 assessments shall be completed 
and published annually. The assessments shall be prepared in 
accordance with guidelines developed by the Administrator in 
consultation with the Interagency Task Force and the Science 
Advisory Board of the Environmental Protection Agency. Each 
such assessment shall include— 
"(i) an examination, summary, and evaluation of avail-
able toxicological and epidemiological information for the 
pollutant to ascertain the levels of human exposure which 
pose a significant threat to human health and the associ-
ated acute, subacute, and chronic adverse health effects; 
"(ii) a determination of gaps in available information 
related to human health effects smd exposure levels; and 
"(iii) where appropriate, an identification of additional 
activities, including toxicological and inhalation testing. 
39-194 O - 91 - 13 : QL 3 Part 4 
104 STAT. 2702 
PUBLIC LAW 101-549—NOV. 15, 1990 
' 
needed to identify the t5rpes or levels of exposure which 
may present significant risk of adverse health effects in 
humans. 
"(e) ECOSYSTEM RESEARCH.—In carr3dng out subsection (a), the 
Administrator, in cooperation, where appropriate, with the Under 
Secretary of Commerce for Oceans and Atmosphere, the Director of 
the Fish and Wildlife Service, and the Secretary of Agriculture, 
shall conduct a research program to improve understanding of the 
short-term and long-term causes, effects, and trends of ecosystems 
damage from air pollutants on ecosystems. Such program shall 
include the following elements: 
"(1) Identification of regionally representative and critical 
ecosystems for research. 
"(2) Evaluation of risks to ecosystems exposed to air pollut-
ants, including characterization of the causes and effects of 
chronic and episodic exposures to air pollutants and determina-
tion of the reversibility of those effects. 
"(3) Development of improved atmospheric dispersion models 
and monitoring systems and networks for evaluating and quan-
tifjdng exposure to and effects of multiple environmental 
stresses associated with air pollution. 
"(4) Evaluation of the effects of air pollution on water quality, 
including assessments of the short-term and long-term eco-
logical effects of acid deposition and other atmospherically 
derived pollutants on surface water (including wetlands and 
estuaries) and groundwater. 
"(5) Evaluation of the effects of air pollution on forests, 
materials, crops, biological diversity, soils, and other terrestrial 
and aquatic systems exposed to air pollutants. 
"(6) Estimation of the associated economic costs of ecological 
damage which have occurred as a result of exposure to air 
pollutants. 
Consistent with the purpose of this program, the Administrator may 
use the estuarine research reserves established pursuant to section 
315 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461) to 
carry out this research. 
"(f) 
LIQUEFIED GASEOUS FUELS SPILX, TEST FACIUTY.—(1) 
The 
Administrator, in consultation with the Secretary of Energy and the 
Federal Coordinating Council for Science, Engineering, and Tech-
nology, shall oversee an experimental and analytical research effort, 
with the experimental research to be carried out at the Liquefied 
Gaseous Fuels Spill Test Facility. In consultation with the Secretary 
of Energy, the Administrator shall develop a list of chemicals and a 
schedule for field testing at the Facility. Analysis of a minimum of 
10 chemicals per year shall be carried out, with the selection of a 
minimum of 2 chemicals for field testing each year. Highest priority 
shall be given to those chemicals that would present the greatest 
potential risk to human health as a result of an accidental release— 
"(A) from a fixed site; or 
"(B) related to the transport of such chemicals. 
"(2) The purpose of such research shall be to— 
"(A) develop improved predictive models for atmospheric 
dispersion which at a minimum— 
"(i) describe dense gas releases in complex terrain includ-
ing man-made structures or obstacles with variable winds; 
"(ii) improve understanding of the effects of turbulence 
on dispersion patterns; and 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2703 
"(iii) consider realistic behavior of aerosols by including 
physicochemical reactions with water vapor, ground deposi-
tion, and removal by water spray; 
"(B) evaluate existing and future atmospheric dispersion 
models by— 
"(i) the development of a rigorous, standardized meth-
odology for dense gas models; and 
"(ii) the application of such methodology to current dense 
gas dispersion models using data generated from field 
experiments; and 
"(C) evaluate the effectiveness of hazard mitigation and emer-
gency response technology for fixed site and transportation 
related accidental releases of toxic chemicals. 
Models pertaining to accidental release shall be evaluated and 
improved periodically for their utility in planning and implement-
ing evacuation procedures and other mitigative strategies designed 
to minimize human exposure to hazardous air pollutants released 
accidentally. 
"(3) The Secretary of Energy shall make available to interested 
persons (including other Federal agencies and businesses) the use of 
the Liquefied Gaseous Fuels Spill Test Facility to conduct research 
and other activities in connection with the activities described in 
this subsection.". 
(c) ADDITIONAL PROVISIONS.—Section 103 of the Clean Air Act is 42 use 7403. 
amended by inserting after subsection (f) the following: 
"(g) POLLUTION PREVENTION AND EMISSIONS CONTROL.—In carry-
ing out subsection (a), the Administrator shall conduct a basic 
engineering research and technology program to develop, evaluate, 
and demonstrate nonregulatory strategies and technologies for air 
pollution prevention. Such strategies and technologies shall be 
developed with priority on those pollutants which pose a significant 
risk to human health and the environment, and with opportunities 
for participation by industry, public interest groups, scientists, and 
other interested persons in the development of such strategies and 
technologies. Such program shall include the following elements: 
"(1) Improvements in nonregulatory strategies and tech-
nologies for preventing or reducing multiple air pollutants, 
including sulfur oxides, nitrogen oxides, heavy metals, PM-1() 
(particulate matter), carbon monoxide, and carbon dioxide, from 
stationary sources, including fossil fuel power plants. Such 
strategies and technologies shall include improvements in the 
relative cost effectiveness and long-range implications of var-
ious air pollutant reduction and nonregulatory control strate-
gies such as energy conservation, including end-use efficiency, 
and fuel-switching to cleaner fuels. Such strategies and tech-
nologies shall be considered for existing and new facilities. 
"(2) Improvements in nonregulatory strategies and tech-
nologies for reducing air emissions from area sources. 
"(3) Improvements in nonregulatory strategies and tech-
nologies for preventing, detecting, and correcting accidental 
releases of hazardous air pollutants. 
"(4) Improvements in nonregulatory strategies and tech-
nologies that dispose of tires in ways that avoid adverse air 
quality impacts. 
Nothing in this subsection shall be construed to authorize the 
imposition on any person of air pollution control requirements. The 
Administrator shall consult with other appropriate Federal agencies 
104 STAT. 2704 
PUBLIC LAW 101-549—NOV. 15, 1990 
Appropriation 
authorization. 
Reports. 
President. 
to ensure coordination and to avoid duplication of activities au-
thorized under this subsection. 
"(h) NIEHS STUDIES.—(1) The Director of the National Institute of 
Environmental Health Sciences may conduct a program of basic 
research to identify, characterize, and quantify risks to human 
health from air pollutants. Such research shall be conducted pri-
marily through a combination of university and medical school-
based grants, as well as through intramural studies and contracts. 
"(2) The Director of the National Institute of Environmental 
Health Sciences shall conduct a program, for the education and 
training of physicians in environmental health. 
"(3) The Director shall assure that such programs shall not con-
flict with research undertaken by the Administrator. 
"(4) There are authori^d to be appropriated to the National 
Institute of Environmental Health Sciences such sums as may be 
necessary to carry out the purposes of this subsection. 
"(i) COORDINATION OP RESEARCH.—The Administrator shall de-
velop and implement a plan for identifying areas in which activities 
authorized under this section can be carried out in conjunction with 
other Federal ecological and air pollution research efforts. The plan, 
which sheill be submitted to Congress within 6 months after the date 
of enactment of this subsection, shall include— 
"(1) an assessment of ambient monitoring stations and net-
works to determine cost effective ways to expand monitoring 
capabilities in both urban and rural environments; 
(2) a consideration of the extent of the feasibility and sci-
entific value of conducting the research program under subsec-
tion (e) to include consideration of the effects of atmospheric 
processes and air pollution effects; and 
"(3) a methodology for evaluating and ranking pollution 
prevention technologies, such as those developed under subsec-
tion (g), in terms of their ability to reduce cost effectively the 
emissions of air pollutants and other airborne chemicals of 
concern. 
Not later than 2 years after the date of enactment of this subsection, 
and every 4 years thereafter, the Administrator shall report to 
Congress on the progress made in implementing the plan developed 
under this subsection, and shall include in such report any revisions 
of the plan. 
' "(j) CONTINUATION OF THE NATIONAL ACID PRECIPITATION ASSESS-
MENT PROGRAM.— 
"(1) The acid precipitation research progrsim set forth in the 
Acid Precipitation Act of 1980 shall be continued with modifica-
tions pursuant to this subsection. 
"(2) The Acid Precipitation Task Force shall consist of the 
Administrator of the Environmental Protection Agency, the 
Secretary of Energy, the Secretary of the Interior, the Secretary 
of Agriculture, the Administrator of the National Oceanic and 
Atmospheric Administration, the Administrator of the National 
Aeronautics and Space Administration, and such additional 
members as the President may select. The President shall 
appoint a chairman for the Task Force from among its members 
within 30 days after the date of enactment of this subsection. 
"(3) The responsibilities of the Task Force shall include the 
following: 
"(A) Review of the status of research activities conducted 
to date under the comprehensive research plan developed 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2705 
pursuant to the Acid Precipitation Act of 1980, and develop-
ment of a revised plan that identifies significant research 
gaps and establishes a coordinated program to address 
current and future research priorities. A draft of the re-
vised plan shall be submitted by the Task Force to Congress 
within 6 months after the date of enactment of this subsec-
tion. The plan shall be available for public comment during President, 
the 60 day period after its submission, and a final plan shall 
be submitted by the President to the Congress within 45 
days after the close of the comment period. 
(B) Coordination with participating Federal agencies, 
augmenting the agencies' research and monitoring efforts 
and sponsoring additional research in the scientific commu-
nity as necessary to ensure the availability and quality of 
data and methodologies needed to evaluate the status and 
effectiveness of the acid deposition control program. Such 
research and monitoring efforts shall include, but not be 
limited to— 
"(i) continuous monitoring of emissions of precursors 
of acid deposition; 
"(ii) maintenance, upgrading, and application of 
models, such as the Regional Acid Deposition Model, 
that describe the interactions of emissions with the 
atmosphere, and models that describe the response of 
ecosystems to acid deposition; and 
"(iii) analysis of the costs, benefits, and effectiveness 
of the acid deposition control program. 
"(C) Publication and maintenance of a National Acid 
Lakes Registry that tracks the condition and change over 
time of a statistically representative sample of lakes in 
regions that are known to be sensitive to surface water 
acidification. 
"(D) Submission every two years of a unified budget 
recommendation to the President for activities of the Fed-
eral Government in connection with the research program 
described in this subsection. 
"(E) Beginning in 1992 and biennially thereafter, submis- Reports, 
sion of a report to Congress describing the results of its 
investigations and analyses. The reporting of technical 
information about acid deposition shall be provided in a 
format that facilitates communication with policymakers 
and the public. The report shall include— 
"(i) actual and projected emissions and acid deposi-
tion trends; 
"(ii) average ambient concentrations of acid deposi-
tion percursors and their transformation products; 
"(iii) the status of ecosystems (including forests and 
surface waters), materials, and visibility affected by 
acid deposition; 
"(iv) the causes and effects of such deposition, includ-
ing changes in surface water quality and forest and soil 
conditions; 
"(v) the occurrence and effects of episodic acidifica-
tion, particularly with respect to high elevation water-
sheds; and 
"(vi) the confidence level associated with each conclu-
sion to aid policjrmakers in use of the information. 
104 STAT. 2706 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(F) Beginning in 1996, and every 4 years thereafter, the 
report under subparagraph (E) shall include— 
"(i) the reduction in deposition rates that must be 
achieved in order to prevent adverse ecological effects; 
and 
"(ii) the costs and benefits of the acid deposition 
control program created by title IV of this Act. 
"(k) AIR POLLUTION CONFERENCES.—If, in the judgment of the 
Administrator, an air pollution problem of substantial significance 
may result from discharge or discharges into the atmosphere, the 
Administrator may call a conference concerning this potential air 
pollution problem to be held in or near one or more of the places 
where such discharge or discharges are occurring or will occur. All 
interested persons shall be given an opportunity to be heard at such 
conference, either orally or in writing, and shall be permitted to 
appear in person or by representative in accordance with procedures 
prescribed by the Administrator. If the Administrator finds, on the 
basis of the evidence presented at such conference, that the dis-
charge or discharges if permitted to take place or continue are likely 
to cause or contribute to air pollution subject to abatement under 
part A of title I, the Administrator shall send such findings, to-
gether with recommendations concerning the measures which the 
Administrator finds reasonable and suitable to prevent such pollu-
tion, to the person or persons whose actions will result in the 
discharge or discharges involved; to air pollution agencies of the 
State or States and of the municipality or municipalities where such 
discharge or discharges will originate; and to the interstate air 
pollution control agency, if any, in the jurisdictional area of which 
any such municipality is located. Such findings and recommenda-
tions shall be advisory only, but shall be admitted together with the 
record of the conference, as part of the proceedings under subsec-
tions (b), (c), (d), (e), and (f) of section 108.". 
42 use 7404. 
(d) MISCELLANEOUS.—(1) Section 104 of the Clean Air Act is 
amended by striking "low-cost" each place it appears and inserting 
in lieu thereof "cost-effective". 
(2) Section 104(c) of the Clean Air Act is amended to read as 
follows: 
"(c) CLEAN ALTERNATIVE FUELS.—The Administrator shall conduct 
a research program to identify, characterize, and predict air emis-
sions related to the production, distribution, storage, and use of 
clean alternative fuels to determine the risks and benefits to human 
health and the environment relative to those from using conven-
tional gasoline and diesel fuels. The Administrator shall consult 
with other Federal agencies to ensure coordination and to avoid 
duplication of activities authorized under this subsection.". 
42 u s e 7403 
(e) ASSESSMENT OF INTERNATIONAL AlR POLLUTION CONTROL TECH-
note. 
NOLOGiES.—The Administrator of the Environmental Protection 
Agency shall conduct a study that compares international air pollu-
tion control technologies of selected industrialized countries to 
determine if there exist air pollution control technologies in coun-
tries outside the United States that may have beneficial applications 
to this Nation's air pollution control efforts. With respect to each 
country studied, the study shall include the topics of urban air 
quality, motor vehicle emissions, toxic air emissions, and acid 
Reports. 
deposition. The Administrator shall, within 2 years after the date of 
enactment of this Act, submit to the Congress a report detailing the 
results of such study. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2707 
(f) ADIRONDACK EFFECTS ASSESSMENT.—The Administrator of the 
Environmental Protection Agency shall establish a progi:am to re-
search the effects of acid deposition on waters where acid deposition 
has been most acute. The Administrator shall enter into a multi-
year contract for such purposes with an independent university 
which has a year-round field analytical laboratory on a body of 
water of not less than 25,000 acres nor greater than 75,000 acres, 
which lies within a geographic region designated as a Biosphere 
Reserve by the Department of State. The facility must have dem-
onstrated the capability to analyze relevant data on said body of 
water over a period of 20 years as well as extensive ecosystem 
modeling capabilities. There are authorized to be appropriated to 
carry out this subsection not less than $6,000,000. 
(g) 
WESTERN 
STATES 
ACID 
DEPOSITION 
RESEARCH.—(1) 
The 
Administrator of the Environmental Protection Agency shall spon-
sor monitoring and research and submit to Congress annual and 
periodic assessment reports on— 
(A) the occurrence and effects of acid deposition on surface 
waters located in that part of the United States west of the 
Mississippi River; 
(B) the occurrence and effects of acid deposition on high 
elevation ecosystems (including forests, and surface waters); and 
(C) the occurrence and effects of episodic acidification, 
particularly vnth respect to high elevation watersheds. 
(2) The Administrator of the Environmental Protection Agency 
shall analyze data generated from the studies conducted under 
paragraph (1), data from the Western Lakes Survey, and other 
appropriate research and utilize predictive modeling techniques 
that take into account the unique geographic, climatological, and 
atmospheric conditions which exist in the western United States to 
determine the potential occurrence and effects of acid deposition 
due to any projected increases in the emission of sulfur dioxide and 
nitrogen oxides in that part of the United States located west of the 
Mississippi River. The Administrator shall include the results of the 
project conducted under this paragraph in the reports issued to 
Congress under paragraph (1). 
(hXD In canying out the provisions of section 103(f) of the Clean 
Air Act, the Secretary of Energy is authorized to enter into con-
tracts and cooperative agreements with, and make grants to, non-
profit entities affiliated with the University of Nevada and the 
University of Wyoming. 
(2) Agreements, contracts, and grants described in paragraph (1) 
shall provide that such nonprofit entities— 
(A) may provide basic technical and management personnel; 
and 
(B) shEill make available permanent research support facili-
ties owned by the nonprofit entities. 
(3) The nonprofit entities described in paragraphs (1) and (2) shall 
be authorized to make grants, accept contributions, and enter into 
agreements with other entities to carry out the provisions of this 
subsection. 
(4) There are authorized to be appropriated to the Department of 
Energy $3,000,000 for fiscal year 1991 and such sums as may be 
necessary for each fiscEil year thereafter to carry out the provisions 
of paragraph (1). Such amounts shall remain available until 
expended. 
Grovemment 
contracts. 
Appropriation 
authorization. 
Reports. 
42 u s e 7403 
note. 
Government 
contracts. 
Grant programs. 
Colleges and 
universities. 
104 STAT. 2708 
PUBLIC LAW 101-549—NOV. 15, 1990 
4
2 use 7
6
0
1 
TITLE X—DISADVANTAGED BUSINESS 
note. 
CONCERNS 
Sec. 1001. Disadvantaged business concerns. 
Sec. 1002. Use of quotas prohibited. 
SEC. 1001. DISADVANTAGED BUSINESS CONCERNS. 
(a) IN GENERAL.—In providing for any research relating to the 
requirements of the amendments made by the Clean Air Act 
Amendments of 1990 which uses funds of the Environmental Protec-
tion Agency, the Administrator of the Environmental Protection 
Agency shall, to the extent practicable, require that not less than 10 
percent of toted Federal funding for such research will be made 
available to disadvantaged business concerns. 
(b) DEFINITION.— 
(1)(A) For purposes of subsection (a), the term "disadvantaged 
business concern" means a concern— 
(i) which is at least 51 percent owned by one or more 
socially and economically disadvantaged individuals or, in 
the case of a publicly traded company, at least 51 percent of 
the stock of which is owned by one or more socially and 
economically disadvantaged individuals; and 
(ii) the management and daily business operations of 
which are controlled by such individuals. 
(B)(i) A for-profit business concern is presumed to be a dis-
advEmtaged business concern for purposes of subsection (a) if it 
is at least 51 percent owned by, or in the case of a concern which 
is a publicly traded company at least 51 percent of the stock of 
the company is owned by, one or more individuals who are 
members of the following groups: 
(I) Black Americans. 
(II) Hispanic Americans. 
(III) Native Americans. 
(IV) Asian Americans. 
(V) Women. 
(VI) Disabled Americans. 
(ii) The presumption established by clause (i) may be rebutted 
with respect to a particular business concern if it is reasonably 
established that the individual or individuals referred to in that 
clause with respect to that business concern are not experienc-
ing impediments to establishing or developing such concern as a 
result of the individual's identification as a member of a group 
specified in that clause. 
Minority 
(C) The following institutions are presumed to be disadvan-
^°"P^- 
taged business concerns for purposes of subsection (a): 
(i) Historically black colleges and universities, and col-
leges and universities having a student body in which 40 
percent of the students are Hispgmic. 
(ii) Minority institutions (as that term is defined by the 
Secretary of Ekllication pursuant to the General Education 
Provision Act (20 U.S.C. 1221 et seq.)). 
(iii) Private and voluntary organizations controlled by 
individuals 
who 
are 
socially 
and 
economically 
disadvantaged. 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2709 
(D) A joint venture may be considered to be a disadvantaged 
business concern under subsection (a), notwithstanding the size 
of such joint venture, if— 
(i) a party to the joint venture is a disadvantaged business 
concern; and 
(ii) that party owns at least 51 percent of the joint 
venture. 
A person who is not an economically disadvantaged individual 
or a disadvantaged business concern, as a party to a joint 
venture, may not be a party to more than 2 awarded contracts 
in a fiscal year solely by reason of this subparagraph. 
(E) Nothing in this paragraph shall prohibit any member of a 
racial or ethnic group that is not listed in subparagraph (BXi) 
from establishing that they have been impeded in establishing 
or developing a business concern as a result of racial or ethnic 
discrimination. 
SEC. 1002. USE OF QUOTAS PEOHIBITED.—Nothing in this title shall 
permit or require the use of quotas or a requirement that has the 
effect of a quota in determining eligibility under section 1001. 
TITLE XI—CLEAN AIR EMPLOYMENT 
TRANSITION ASSISTANCE 
Sec. 1101. Clean air employment transition assistance. 
SEC. 1101. CLEAN AIR EMPLOYMENT TRANSITION ASSISTANCE. 
(a) AMENDMENT.—Part B of title III of the Job Training Partner-
ship Act (29 U.S.C. 1501) is amended by adding at the end the 
following: 
"CLEAN AIR EMPLOYMENT TRANSITION ASSISTANCE 
"SEC. 326. (a) DETERMINATION OF EuGiBiLTTY.— 
29USCi662e. 
"(1) DEFINITIONS.—For purposes of this section, the term 'eli-
gible individual' means an individual who— 
"(A) is an eligible dislocated worker, as that term is 
defined in section 301(a), and 
"(B) has been terminated or laid off, or has received a 
notice of termination or lay off, as a consequence of compli-
ance with the Clean Air Act. 
"(2) DETERMINATIONS.—The determination of eligibility under 
P
aragraph (IXB) of this subsection shall be made by the 
ecretary of Labor, pursuant to criteria established by the 
Secretary, in consultation with the Administrator of the 
Environmental Protection Agency. 
"(b) GRANTS AUTHORIZED.—The Secretary may make grants to 
States, substate grantees (as defined in section 312(c)), employers, 
employer associations, and representatives of employees— 
"(1) to provide training, adjustment assistance, and employ-
ment services to eligible individuals adversely Eiffected by 
compliance with the Clean Air Act; and 
"(2) to make needs-related payments to such individuals in 
accordance with subsection (f) of this section. 
"(c) PRIORITY AND APPROVAL.— 
"(1) PRIORITY.—In reviewing applications for grants under 
subsection (b), the Secretary shall give priority to applications 
104 STAT. 2710 
PUBLIC LAW 101-549—NOV. 15, 1990 
proposing to provide training, adjustment assistance, and serv-
ices in areas which have the greatest number of eligible 
individuals. 
"(2) NEEDS-RELATED PAYMENTS REQUIRED.—The Secretary shall 
not approve an application for a grant under subsection (b) 
unless the application contains assurances that the applicant 
will use grant funds to provide needs-related pajonents in 
accordance with subsection (f). 
"(d) USE OF FUNDS.—Subject to the requirements of subsections (e) 
and if) of this section, grants under subsection (b) may be used for 
any purpose for which funds may be used under section 314. 
"(e) ADJUSTMENT ASSISTANCE.— 
"(1) JOB SEARCH ALLOWANCE.— 
"(A) IN GENERAL.—Grants under subsection (b) for adjust-
ment assistance may be used to provide job search allow-
ances to eligible individuals. Such allowance, if granted, 
shall provide reimbursement to the individual of not more 
than 90 percent of the cost of necessary job search expenses, 
as prescribed by regulations of the Secretary, but may not 
exceed $800 unless the need for a greater amount is justi-
fied in the application and approved by the Secretary. 
"(B) CRITERIA FOR GRANTING JOB SEARCH ALLOWANCES.—A 
job search allowance may be granted only— 
"(i) to assist an eligible individual who has been 
totally separated in securing a job within the United 
States; and 
"(ii) where the Secretary determines that such em-
ployee cannot reasonably be expected to secure suitable 
employment in the commuting area in which the 
worker resides. 
"(2) RELOCATION ALLOWANCE.— 
"(A) IN GENERAL.—Grants under subsection (b) for adjust-
ment assistance may be used to provide relocation allow-
ances to eligible individuals. Such an allowance may only 
be granted to assist an eligible individual in relocating 
within the United States and only if the Secretary deter-
mines that— 
"(i) such employee cannot reasonably be expected to 
secure suitable employment in the commuting area in 
which the employee resides; and 
"(ii) such employee— 
"(I) has obtained suitable emplo3anent affording 
a reasonable expectation of long-term duration in 
the area in which the employee wishes to relocate, 
or h£is obtained a bona fide offer of such employ-
ment, and 
"(II) is totally separated from employment at the 
time relocation commences. 
"(B) AMOUNT OF RELOCATION ALLOWANCE.—The amount of 
any relocation allowance for any eligible individual may 
not exceed the amount which is equal to the sum of— 
"(i) 90 percent of the reasonable and necessary 
expenses, specified in regulations prescribed by the 
Secretary, incurred in transporting an individual and 
the individual's fgimily, if any, and household effects, 
and 
PUBLIC LAW 101-549—NOV. 15, 1990 
104 STAT. 2711 
"(ii) a lump sum equivalent to 3 times the employee's 
average weekly wage, up to a maximum pa3niient of 
$800, unless the need for a greater amount is justified 
in the application and approved by the Secretary. 
"(f) NEEDS-RELATED PAYMENTS.—The Secretary shall prescribe Regulations, 
regulations with respect to the use of funds from grants under 
subsection 0?) for needs-related pajmients in order to enable eligible 
individusds to complete training or education programs under this 
section. Such regulations shall— 
"(1) require that such payments shall be provided to an 
eligible individual only if such individual— 
"(A) does not qualify or has ceased to qualify for un-
emplojmient compensation; 
"(B) has been enrolled in training by the end of the 13th 
week of the individual's initial unemplojrment compensa-
tion benefit period, or, if later, the end of the 8th week after 
an individual is informed that a short-term layoff will in 
fact exceed 6 months; and 
"(C) is participating in training or education programs 
under this section, except that such regulations shall pro-
tect an individual from being disqualified pursuant to this 
clause for a failure to participate that is not the fault of the 
individual; 
"(2) provide that to qualify for such payments the individual 
currently receives, or is a member of a family which currently 
receives, a total family income (exclusive of unemployment 
compensation, child support payments, and welfare payments) 
which, in relation to family size, is not in excess of the lower 
living standard income level; 
"(3) provide that the levels of such pajrments shall be equal to 
the higher of— 
"(A) the applicable level of unemplojnnent compensation; 
or 
"(B) the poverty level determined in accordance with 
criteria established by the Director of the Office of Manage-
ment and Budget; 
"(4) provide for the adjustment of pajmaents to reflect changes 
in total family income; and 
"(5) provide that the grantee shall obtain information with 
respect to such income, and changes therein, from the eligible 
individual. 
"(g) ADMINISTRATIVE EXPENSES.—The Secretary of Labor may re-
serve not more than 5 percent of the funds appropriated under this 
section for the administration of activities authorized under this 
section, including the provision of technical assistance for the 
preparation of grant applications. 
"(h) AUTHORIZATION OP APPROPRIATIONS.—In addition to amounts 
authorized to be appropriated by section 3(c) of this Act, there are 
authorized to be appropriated $50,000,000 for fiscal year 1991, and 
such sums as may be necessary for each of fiscal years 1992, 1993, 
1994, and 1995 to carry out this section. The total amount appro-
priated for all 5 such fiscal years shall not exceed $250,000,000. 
Amounts appropriated pursuant to this subsection shall remain 
available until expended. 
"(i) REGULATIONS.—The Secretary shall prescribe regulations to 
carry out this section not later than 180 days sifter the date of 
enactment of this section. 
104 STAT. 2712 
PUBLIC LAW 101-549—NOV. 15, 1990 
"(j) GAO ASSESSMENT OP EFFECTS OF CLEAN AIR ACT COMPLIANCE 
OP EMPLOYMENT.—The Comptroller Genercd of the United States 
shall— 
"(1) identify and assess, to the extent possible, the effects on 
employment that are attributable to compliance with the provi-
sions of the Clean Air Act; and 
Reports. 
"(2) submit to the Congress on the 4th anniversary of the date 
of the enactment of this subtitle a written report on the assess-
ments required under paragraph (1).". 
(b) CONFORMING AMENDMENTS.— 
(1) TTie table of contents of the Job Training Partnership Act 
is amended by adding at the end of the items pertaining to part 
B of title ni the following: 
"Sec. 326. Clean air employment transition assistance.". 
29 use 1502. 
(2) Section 3(c) of the Job Training Partnership Act is 
amended by inserting "(other than section 326 thereof)" after 
"title m". 
Approved November 15, 1990. 
LEGISLATIVE HISTORY—S. 1630 (H.R. 3030): 
HOUSE REPORTS: No. 101-490, Pt. 1 (Comm. on Energy and Commerce), Pt. 2 
(Comm. on Ways and Means), and Pt. 3 (Comm. on Public Works 
and Transportation), all accompanying H.R. 3030; and No. 
101-952 (Comm. of Conference). 
SENATE REPORTS: No. 101-228 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Jan. 23-25, 29-31, Mar. 5-9, 20-22, 26-30, Apr. 2, 3, considered and passed 
Senate. 
May 21, 23, H.R. 3030 considered and passed House; proceedings vacated and S. 
1630, eunended, passed in lieu. 
Oct. 26, House agreed to conference report. Senate considered conference 
report. 
Oct. 27, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 15, Presidential remarks and statement.