Clean Air Act of 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
protective national ambient air quality standards, and for other purposes.

Nov. 15, 1990
[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 AMBIENT AIR QUALITY STANDARDS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.
106.

Sec.
Sec.
Sec.
Sec.
Sec.

107.
108.
109.
110.
111.

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 Administrator a list of all areas (or portions thereof) in the State,
designating as—
"(i) nonattainment, any area that does not meet (or
that contributes to ambient air quality in a nearby area
that does not meet) the national primary or secondary
ambient air quality standard for the pollutant,
"(ii) attainment, any area (other than an area identified in clause (i)) that meets the national primary or
secondary ambient air quality standard for the pollutant, or
"(iii) unclassifiable, any area that cannot be classified
on the basis of available information as meeting or not

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 designations of all areas (or portions thereof) submitted under
subparagraph (A) as expeditiously as practicable, but in no
case later than 2 years from the date of promulgation of the
new or revised national ambient air quality standard. Such
period may be extended for up to one year in the event the
Administrator has insufficient information to promulgate
the designations.
"(ii) In making the promulgations required under clause
(i), the Administrator may make such modifications as the
Administrator deems necessary to the designations of the
areas (or portions thereof) submitted under subparagraph
(A) (including to the boundaries of such areas or portions
thereof). Whenever the Administrator intends to make a
modification, the Administrator shall notify the State and
provide such State with an opportunity to demonstrate why
any proposed modification is inappropriate. The Administrator shall give such notification no later than 120 days
before the date the Administrator promulgates the designation, including any modification thereto. If the Governor
fails to submit the list in whole or in part, as required
under subparagraph (A), the Administrator shall promulgate the designation that the Administrator deems appropriate for any area (or portion thereof) not designated by
the State.
"(iii) If the Governor of any State, on the Governor's own
motion, under subparagraph (A), submits a list of areas (or
portions thereof) in the State designated as nonattainment,
attainment, or unclassifiable, the Administrator shall act
on such designations in accordance with the procedures
under paragraph (3) (relating to redesignation).
"(iv) A designation for an area (or portion thereof) made
pursuant to this subsection shall remain in effect until the
area (or portion thereof) is redesignated pursuant to paragraph (3) or (4).
"(C) DESIGNATIONS BY OPERATION OF LAW.—(i) Any area
designated with respect to any air pollutant under the
provisions of paragraph (1) (A), (B), or (C) of this subsection
(as in effect immediately before the date of the enactment
of the Clean Air Act Amendments of 1990) is designated, by
operation of law, as a nonattainment area for such pollutant within the meaning of subparagraph (A)(i).
"(ii) Any area designated with respect to any air pollutant under the provisions of paragraph (1)(E) (as in effect
immediately before the date of the enactment of the Clean
Air Act Amendments of 1990) is designated by operation of
law, as an attainment area for such pollutant within the
meaning of subparagraph (A)(ii).
"(iii) Any area designated with respect to any air pollutant under the provisions of paragraph (1)(D) (as in effect

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) Federal

The Administrator shall publish a notice in the Federal Reg- Roister,
publication.
ister promulgating any designation under paragraph (1) or (5),
or announcing any designation under paragraph (4), or promulgating any redesignation under paragraph (3).
"(B) Promulgation or announcement of a designation under
paragraph (1), (4) or (5) shall not be subject to the provisions of
sections 553 through 557 of title 5 of the United States C!ode
(relating to notice and comment), except nothing herein shall be
construed as precluding such public notice and comment whenever possible.
"(3) REDESIGNATION.—(A) Subject to the requirements of
subparagraph (E), and on the basis of air quality data, planning
and control considerations, or any other air quality-related
considerations the Administrator deems appropriate, the
Administrator may at any time notify the Governor of any
State that available information indicates that the designation
of any area or portion of an area within the State or interstate
area should be revised. In issuing such notification, which shall
be public, to the Governor, the Administrator shall provide such
information as the Administrator may have available explaining the basis for the notice.
"(B) No later than 120 days after receiving a notification
under subparagraph (A), the Governor shall submit to the
Administrator such redesignation, if any, of the appropriate
area (or areas) or portion thereof within the State or interstate
area, as the Governor considers appropriate.
"(C) No later than 120 days after the date described in
subparagraph (B) (or paragraph (IXBXiii)), the Administrator
shall promulgate the redesignation, if any, of the area or portion thereof, submitted by the Governor in accordance with
subparagraph (B), making such modifications as the Administrator may deem necessary, in the same manner and under the
same procedure as is applicable under clause (ii) of paragraph
(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—

104 STAT. 2402

PUBLIC LAW 101-549—NOV. 15, 1990
"(i) the Administrator determines that the area has attained the national ambient air quality standard;
"(ii) the Administrator has fully approved the applicable
implementation plan for the area under section llO(k);
"(iii) the Administrator determines that the improvement
in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the
applicable implementation plan and applicable Federal air
pollutant control regulations and other permanent and
enforceable reductions;
"(iv) the Administrator has fully approved a maintenance
plan for the area as meeting the requirements of section
175A;and
"(v) the State containing such area has met all requirements applicable to the area under section 110 and part D.
"(F) The Administrator shall not promulgate any redesignation of any area (or portion thereof) from nonattainment to
unclassifiable.
"(4) N O N A T T A I N M E N T 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 Administrator shall promulgate such designations, making such
modifications as the Administrator may deem necessary, in
the same manner, and under the same procedure, as is
applicable under clause (ii) of paragraph (1)(B), except that
the phrase *60 days' shall be substituted for the phrase '120
days' in that clause. If the Governor does not submit, in
accordance with clause (i) of this subparagraph, a designation for an area (or portion thereof), the Administrator
shall promulgate the designation that the Administrator
deems appropriate.
"(iii) No nonattainment area may be redesignated as an
attainment area under this subparagraph.
"(iv) Notwithstanding paragraph (IXCXii) of this subsection, if an ozone or carbon monoxide nonattainment area
located within a metropolitan statistical area or consolidated metropolitan statistical area (as established by the
Bureau of the Census) is classified under part D of this title
as a Serious, Severe, or Extreme Area, the boundaries of
such area are hereby revised (on the date 45 days after such
classification) by operation of law to include the entire
metropolitan statistical area or consolidated metropolitan
statistical area, as the case may be, unless within such 45day period the Governor (in consultation with State and
local air pollution control agencies) notifies the Administrator 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 submitted such a notice to the Administrator, such boundary
revision shall occur on the later of the date 8 months after
such classification or 14 months after the date of the enactment of the Clean Air Act Amendments of 1990 unless the
Governor makes the finding referred to in clause (v), and
the Administrator concurs in such finding, within such
period. Except as 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 undertake a study to evaluate whether the entire metropolitan
statistical area or consolidated metropolitan statistical area
should be included within the nonattainment area. Whenever a Governor finds and demonstrates to the satisfaction
of the Administrator, and the Administrator concurs in
such finding, that with respect to a portion of a metropolitan statistical area or consolidated metropolitan statistical
area, sources in the portion do not contribute significantly
to violation of the national ambient air quality standard,
the Administrator shall approve the Governor's request to
exclude such portion from the nonattainment area. In
making such finding, the Governor and the Administrator
shall consider factors such as population density, traffic
congestion, commercial development, industrial development, meteorological conditions, and pollution transport.
"(B) PM-10 DESIGNATIONS.—By operation of law, until
redesignation by the Administrator pursuant to paragraph (3)—
"(i) each area identified in 52 Federal Register 29383
(Aug. 7, 1987) as a Group I area (except to the extent
that such identification was modified by the Administrator before the date of the enactment of the Clean Air
Act Amendments of 1990) is designated nonattainment
for PM-10;
"(ii) any area containing a site for which air quality
monitoring data show a violation of the national ambient air quality standard for PM-10 before January 1,
1989 (as determined under part 50, appendix K of title
40 of the Code of Federal Regulations) is hereby designated nonattainment for PM-10; and
"(iii) each area not described in clause (i) or (ii) is
hereby designated unclassifiable for PM-10.
Any designation for particulate matter (measured in terms
of total suspended particulates) that the Administrator
promulgated pursuant to this subsection (as in effect immediately before the date of the enactment of the Clean Air
Act Amendments of 1990) shall remain in effect for purposes of implementing the maximum allowable increases in
concentrations of particulate matter (measured in terms of
total suspended particulates) pursuant to section 163(b),
until the Administrator determines that such designation is
no longer necessary for that purpose.

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 standard for lead in effect as of the date of the enactment of the
Clean Air Act Amendments of 1990, in accordance with the
procedures under subparagraphs (A) and (B) of paragraph (1),
except that in applying subparagraph (B)(i) of paragraph (1) the
phrase '2 years from the date of promulgation of the new or
revised national ambient air quality standard'shall be replaced
by the phrase '1 year from the date the Administrator notifies
the State of the requirement to designate areas with respect to
the standard for lead'.",
(b) GENERAL REQUIREMENTS FOR IMPLEMENTATION PLANS.—Section

110(a)(2) of the Clean Air Act (42 U.S.C. 7410(a)(2)) is amended to
read as follows:
"(2) Each implementation plan submitted by a State under this
Act shall be adopted by the State after reasonable notice and public
hearing. Each such plan shall—
"(A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of
emissions rights), as well as schedules and timetables for
compliance, as may be necessary or appropriate to meet the
applicable requirements of this Act;
"(B) provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to—
"(i) monitor, compile, and analyze data on ambient air
quality, and
"(ii) upon request, make such data available to the
Administrator;
"(C) include a program to provide for the enforcement of the
measures described in subparagraph (A), and regulation of the
modification and construction of any stationary source within
the areas covered by the plan as necessary to assure that
national ambient air quality standards are achieved, including
a permit program as required in parts C and D;
"(D) contain adequate provisions—
"(i) prohibiting, consistent with the provisions of this
title, any source or other type of emissions activity within
the 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 requirements 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 purpose 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

for such purpose) will have adequate personnel, funding, and
authority under State (and, as appropriate, local) law to carry
out such implementation plan (and is not prohibited by any
provision of Federal or State law from carrying out such implementation plan or portion thereof), (ii) requirements that the
State comply with the requirements respecting State boards
under section 128, and (iii) necessary assurances that, where the
State has relied on a local or regional government, agency, or
instrumentality for the implementation of any plan provision,
the State has responsibility for ensuring adequate implementation of such plan provision;
"(F) require, as may be prescribed by the Administrator—
"(i) the installation, maintenance, and replacement of
equipment, and the implementation of other necessary
steps, by owners or operators of stationary sources to monitor emissions from such sources,
"(ii) periodic reports on the nature and amounts of emis- Reports
sions and emissions-related data from such sources, and
"(iii) correlation of such reports by the State agency with Public
any emission limitations or standards established pursuant information.
to this Act, which reports shall be available at reasonable
times for public inspection;
"(G) provide for authority comparable to that in section 303
and adequate contingency plans to implement such authority;
"(H) provide for revision of such plan—
"(i) from time to time as may be necessary to take
account of revisions of such national primary or secondary
ambient air quality standard or the availability of improved
or more expeditious methods of attaining such standard,
and
"(ii) except as provided in paragraph (3)(C), whenever the
Administrator finds on the basis of information available to
the Administrator that the plan is substantially inadequate
to attain the national ambient air quality standard which it
implements or to otherwise comply with any additional
requirements established under this Act;
"(I) in the case of a plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements of part D (relating to nonattainment areas);
"(J) meet the applicable requirements of section 121 (relating
to consultation), section 127 (relating to public notification), and
part C (relating to prevention of significant deterioration of air
quality and visibility protection);
"(K) provide for—
"(i) the performance of such air quality modeling as the
Administrator may prescribe for the purpose of predicting
the effect on ambient air quality of any emissions of any air
pollutant for which the Administrator has established a
national ambient air quality standard, and
"(ii) the submission, upon request, of data related to such
air quality modeling to the Administrator;
"(L) require the owner or operator of each major stationary
source to pay to the permitting authority, as a condition of any
permit required under this Act, a fee sufficient to cover—
"(i) the reasonable costs of reviewing and acting upon any
application for such a permit, and

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 enforcement action),
until such fee requirement is superseded with respect to such
sources by the Administrator's approval of a fee program under
title V; and
"(M) provide for consultation and participation by local political subdivisions affected by the plan.'.
(c) ADDITIONAL PROVISIONS.—Section 110 of the Clean Air Act (42
U.S.C. 7410) is amended by adding the following at the end thereof:
"(k) ENVIRONMENTAL PROTECTION AGENCY ACTION ON PLAN
SUBMISSIONS.—
"(1) COMPLETENESS OF PLAN SUBMISSIONS.—
"(A) COMPLETENESS CRITERIA.—Within 9 months after the

date of the enactment of the Clean Air Act Amendments of
1990, the Administrator shall promulgate minimum criteria that any plan submission must meet before the
Administrator is required to act on such submission under
this subsection. The criteria shall be limited to the information necessary to enable the Administrator to determine
whether the plan submission complies with the provisions
of this Act.
"(B) COMPLETENESS FINDING.—Within 60 days of the
Administrator's receipt of a plan or plan revision, but no
later than 6 months after the date, if any, by which a State
is required to submit the plan or revision, the Administrator shall determine whether the minimum criteria established pursuant to subparagraph (A) have been met. Any
plan or plan revision that a State submits to the Administrator, and that has not been determined by the Administrator (by the date 6 months after receipt of the submission)
to have failed to meet the minimum criteria established
pursuant to subparagraph (A), shall on that date be deemed
by operation of law to meet such minimum criteria.
"(C) EFFECT OF FINDING OF INCOMPLETENESS.—Where the

Administrator determines that a plan submission (or part
thereof) does not meet the minimum criteria established
pursuant to subparagraph (A), the State shall be treated as
not having made the submission (or, in the Administrator's
discretion, part thereof).
"(2) DEADUNE FOR ACTION.—Within 12 months of a determination by the Administrator (or a determination deemed by operation of law) under paragraph (1) that a State has submitted a
plan or plan revision (or, in the Administrator's discretion, part
thereof) that meets the minimum criteria established pursuant
to paragraph (1), if applicable (or, if those criteria are not
applicable, within 12 months of submission of the plan or
revision), the Administrator shall act on the submission in
accordance with paragraph (3).
"(3) FULL AND PARTIAL APPROVAL AND DISAPPROVAL.—In

the

case of any submittal on which the Administrator is required to
act under paragraph (2), the Administrator shall approve such
submittal as a whole if it meets all of the applicable requirements of this Act. If a portion of the plan revision meets all the
applicable requirements of this Act, the Administrator may

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 applicable 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 appropriate, subject the State to the requirements of this Act to
which the State was subject when it developed and submitted
the plan for which such finding was made, except that the
Administrator may adjust any dates applicable under such
requirements as appropriate (except that the Administrator
may not adjust any attainment date prescribed under part D,
unless such date has elapsed).
"(6) CORRECTIONS.—Whenever the Administrator determines
that the Administrator's action approving, disapproving, or
promulgating any plan or plan revision (or part thereof), area
designation, redesignation, classification, or reclassification was
in error, the Administrator may in the same manner as the
approval, disapproval, or promulgation revise such action as
appropriate without requiring any further submission from the
State. Such determination and the basis thereof shall be provided to the State and public.
"(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 sanctions listed in section 179(b) at any time (or at any time after) the
Administrator makes a finding, disapproval, or determination under
paragraphs (1) through (4), respectively, of section 179(a) in relation
to any plan or plan item (as that term is defined by the Administrator) required under this Act, with respect to any portion of the
State the Administrator determines reasonable and appropriate, for
the purpose of ensuring that the requirements of this Act relating to
such plan or plan item are met. The Administrator shall, by rule,
establish criteria for exercising his authority under the previous

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 promulgated by the Administrator pursuant to this section as in effect
before the date of the enactment of the Clean Air Act Amendments of 1990 shall remain in effect as part of such applicable
implementation plan, except to the extent that a revision to
such provision is approved or promulgated by the Administrator
pursuant to this Act.
"(2) ATTAINMENT DATES.—For any area not designated nonattainment, any plan or plan revision submitted or required to
be submitted by a State—
"(A) in response to the promulgation or revision of a
national primary ambient air quality standard in effect on
the date of the enactment of the Clean Air Act Amendments of 1990, or
"(B) in response to a finding of substantial inadequacy
under subsection (a)(2) (as in effect immediately before the
date of the enactment of the Clean Air Act Amendments of
1990),
shall provide for attainment of the national primary ambient
air quality standards within 3 years of the date of the enactment of the Clean Air Act Amendments of 1990 or within 5
years of issuance of such finding of substantial inadequacy,
whichever is later.
"(3)

RETENTION OF CONSTRUCTION MORATORIUM IN CERTAIN

AREAS.—In the case of an area to which, immediately before the
date of the enactment of the Clean Air Act Amendments of
1990, the prohibition on construction or modification of major
stationary sources prescribed in subsection (a)(2)(I) (as in effect
immediately before the date of the enactment of the Clean Air
Act Amendments of 1990) applied by virtue of a finding of the
Administrator that the State containing such area had not
submitted an implementation plan meeting the requirements of
section 172(b)(6) (relating to establishment of a permit program)
(as in effect immediately before the date of enactment of the
Clean Air Act Amendments of 1990) or 172(a)(1) (to the extent
such requirements relate to provision for attainment of the
primary national ambient air quality standard for sulfur oxides
by December 31, 1982) as in effect immediately before the date
of the enactment of the Clean Air Act Amendments of 1990, no
major stationary source of the relevant air pollutant or pollutants shall be constructed or modified in such area until the
Administrator finds that the plan for such area meets the
applicable requirements of section 172(c)(5) (relating to permit
programs) or subpart 5 of part D (relating to attainment of the
primary national ambient air quality standard for sulfur dioxide), respectively.",
(d) CONFORMING AMENDMENTS.—Section 110 of the Clean Air Act
(42 U.S.C. 7410) is amended as follows:

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 approved pursuant to regulations promulgated under section 301(d)
and which implements the relevant requirements of this Act.".
(5) strike out subsection (e).
(6) In subsection (g), strike "the required four month period"
and insert "12 months of submission of the proposed plan
revision".
(7) In subsection (h)—
(A) strike "one year after the date of enactment of the
Clean Air Act Amendments of 1977 and annually thereafter" and insert "5 years after the date of the enactment of
the Clean Air Act Amendments of 1990, and every 3 years
thereafter"; and
(B) strike the second sentence of paragraph (1).
(8) In subsection (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 Reporting and
whether substantive or procedural (including any recordkeeping or recordkeeping
requirements.
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 implementation plan" each place it appears and by adding the following 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 expeditious attainment of such standards; and
"(B) that such activities will not—
"(i) cause or contribute to any new violation of any
standard in any area;

104 STAT. 2410

Transportation.

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.
"(2) Any transportation plan or program developed pursuant to
title 23, United States Code, or the Urban Mass Transportation Act
shall implement the transportation provisions of any applicable
implementation plan approved under this Act applicable to all or
part of the area covered by such transportation plan or program. No
Federal agency may approve, accept or fund any transportation
plan, program or project unless such plan, program or project has
been found to conform to any applicable implementation plan in
effect under this Act. In particular—
"(A) no transportation plan or transportation improvement
program may be adopted by a metropolitan planning organization designated under title 23, United States Code, or the Urban
Mass Transportation Act, or be found to be in conformity by a
metropolitan planning organization until a final determination
has been made that emissions expected from implementation of
such plans and programs are consistent with estimates of emissions from motor vehicles and necessary emissions reductions
contained in the applicable implementation plan, and that the
plan or program will conform to the requirements of paragraph
(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 metropolitan planning organization or approved, accepted, or funded
by the Department of Transportation only if it meets either
the requirements of subparagraph (D) or the following
requirements—
"(i) such a project comes from a conforming plan and
program;
"(ii) the design concept and scope of such project have not
changed significantly since the conformity finding regarding the plan and program from which the project derived;
and
"(iii) the design concept and scope of such project at the
time of the conformity determination for the program was
adequate to determine emissions.
"(D) Any project not referred to in subparagraph (C) shall be
treated as conforming to the applicable implementation plan
only if it is demonstrated that the projected emissions from such

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 assigned to such plans and programs in the applicable implementation plan.
"(3) Until such time as the implementation plan revision referred Transportation,
to in paragraph (4)(C) is approved, conformity of such plans, programs, and projects will be demonstrated if—
"(A) the transportation plans and programs—
"(i) are consistent with the most recent estimates of
mobile source emissions;
"(ii) provide for the expeditious implementation of
transportation control measures in the applicable implementation plan; and
"(iii) with respect to ozone and carbon monoxide nonattainment areas, contribute to annual emissions reductions consistent with sections 182(b)(1) and 187(a)(7); and
"(B) the transportation projects—
"(i) come from a conforming transportation plan and
program as defined in subparagraph (A) or for 12 months
after the date of the enactment of the Clean Air Act
Amendments of 1990, from a transportation program found
to conform within 3 years prior to such date of enactment;
and
"(ii) in carbon monoxide nonattainment areas, eliminate
or reduce the severity and number of violations of the
carbon monoxide standards in the area substantially affected by the project.
With regard to subparagraph (B)(ii), such determination may be
made as part of either the conformity determination for the
transportation program or for the individual project taken as
a whole during the environmental review phase of project
development.
"(4)(A) No later than one year after the date of enactment of the 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 Secretary of Transportation, shall promulgate criteria and procedures
for demonstrating and assuring conformity in the case of transportation plans, programs, and projects. A suit may be brought against Courts.
the Administrator and the Secretary of Transportation under section 304 to compel promulgation of such criteria and procedures and
the Federal district court shall have jurisdiction to order such
promulgation.
"(B) The procedures and criteria shall, at a minimum—
"(i) address the consultation procedures to be undertaken by
metropolitan planning organizations and the Secretary of
Transportation with State and local air quality agencies and
State departments of transportation before such organizations
and the Secretary make conformity determinations;
"(ii) address the appropriate frequency for making conformity
determinations, but in no case shall such determinations for

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 procedures for assessing the conformity of any plan, program, or project
subject to the conformity requirements of this subsection.".
SEC. 102. GENERAL PROVISIONS FOR NONATTAINMENT AREAS.
(a) DEFINITIONS.—(1) Part D of title I of the Clean Air Act is
amended by inserting immediately after "PART D — P L A N REQUIREMENTS FOR NoNATTAINMENT AREAS" the foUowing:

"Subpart 1—Nonattainment Areas in General
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.

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

(2) Section 171 of the Clean Air Act (42 U.S.C. 7501) is amended as
follows:
(A) In the introductory language, strike out "and section
110(a)(2)(I)".
(B) Amend paragraph (1) to read as follows:
"(1) REASONABLE FURTHER PROGRESS.—The term 'reasonable
further progress' means such annual incremental reductions in
emissions of the relevant air pollutant as are required by this
part or may reasonably be required by the Administrator for
the purpose of ensuring attainment of the applicable national
ambient air quality standard by the applicable date.".
(C) Amend paragraph (2) to read as follows:
"(2) NONATTAINMENT AREA.—The term 'nonattainment area'
means, for any air pollutant, an area which is designated
'nonattainment' with respect to that pollutant within the meaning of section 107(d).".
(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 Administrator promulgates the designation of an area as a nonattainment area pursuant to section 107(d) with respect to any national 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

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 publication.
^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 comment) 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 nonattainment areas for which classifications are specifically provided
under other provisions of this part.
"(2) ATTAINMENT DATES FOR NONATTAINMENT AREAS.—(A) The

attainment date for an area designated nonattainment with
respect to a national primary ambient air quality standard shall
be the date by which attainment can be achieved as expeditiously as practicable, but no later than 5 years from the date
such area was designated nonattainment under section 107(d),
except that the Administrator may extend the attainment date
to the extent the Administrator determines appropriate, for a
period no greater than 10 years from the date of designation as
nonattainment, considering the severity of nonattainment and
the availability and feasibility of pollution control measures.
"(B) The attainment date for an area designated nonattainment with respect to a secondary national ambient air quality
standard shall be the date by which attainment can be achieved
as expeditiously as practicable after the date such area was
designated nonattainment under section 107(d).
"(C) Upon application by any State, the Administrator may
extend for 1 additional year (hereinafter referred to as the
'Extension Year') the attainment date determined by the
Administrator under subparagraph (A) or (B) if—
"(i) the State has complied with all requirements and
commitments pertaining to the area in the applicable implementation plan, and
"(ii) in accordance with guidance published by the
Administrator, no more than a minimal number of
exceedances of the relevant national ambient air quality
standard has occurred in the area in the year preceding the
Extension Year.
No more than 2 one-year extensions may be issued under this
subparagraph for a single nonattainment area.
"(D) This paragraph shall not apply with respect to nonattainment areas for which attainment dates are specifically provided
under other provisions of this part.
"(b) SCHEDULE FOR PLAN SUBMISSIONS.—At the time the Administrator promulgates the designation of an area as nonattainment
with respect to a national ambient air quality standard under
section 107(d), the Administrator shall establish a schedule according to which the State containing such area shall submit a plan or
plan revision (including the plan items) meeting the applicable
requirements of subsection (c) and section 110(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 emissions from existing sources in the area as may be obtained
through the adoption, at a minimum, of reasonably available
control technology) and shall provide for attainment of the
national primary ambient air quality standards.
"(2) RFP.—Such plan provisions shall require reasonable further progress.
"(3) INVENTORY.—Such plan provisions shall include a comprehensive, accurate, current inventory of actual emissions
from all sources of the relevant pollutant or pollutants in such
area, including such periodic revisions as the Administrator
may determine necessary to assure that the requirements of
this part are met.
"(4) IDENTIFICATION AND QUANTIFICATION.—Such plan provisions shall expressly identify and quantify the emissions, if any,
of any such pollutant or pollutants which will be allowed, in
accordance with section 173(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 applicable national ambient air quality standard by the applicable
attainment date.
"(5) PERMITS FOR NEW AND MODIFIED MAJOR STATIONARY

SOURCES.—Such plan provisions shall require permits for the
construction and operation of new or modified major stationary
sources 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 measures, means or techniques (including economic incentives such
as fees, marketable permits, and auctions of emission rights), as
well as schedules and timetables for compliance, as may be
necessary or appropriate to provide for attainment of such
standard in such area by the applicable attainment date specified in this part.
"(7) COMPLIANCE WITH SECTION H O (a) (2).—Such plan provisions 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 modeling, emission inventory, and planning procedures, unless the
Administrator determines that the proposed techniques are, in
the aggregate, less effective than the methods specified by the
Administrator.
"(9) CONTINGENCY MEASURES.—Such plan shall provide for the
implementation of specific measures to be undertaken if the

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 attainment date applicable under this part. Such measures shall be
included in the plan revision as contingency measures to take
effect in any such case without further action by the State or
the Administrator.
"(d) PLAN REVISIONS REQUIRED IN RESPONSE TO FINDING OF PLAN

INADEQUACY.—Any plan revision for a nonattainment area which is
required to be submitted in response to a finding by the Administrator pursuant to section 110(k)(5) (relating to calls for plan revisions) must correct the plan deficiency (or deficiencies) specified by
the Administrator and meet all other applicable plan requirements
of section 110 and this part. The Administrator may reasonably
adjust the dates otherwise applicable under such requirements to
such revision (except for attainment dates that have not yet
elapsed), to the extent necessary to achieve a consistent application
of such requirements. In order to facilitate submittal by the States
of adequate and approvable plans consistent with the applicable
requirements of this Act, the Administrator shall, as appropriate
and from time to time, issue written guidelines, interpretations, and
information to the States which shall be available to the public,
taking into consideration any such guidelines, interpretations, or
information provided before the date of the enactment of the Clean
Air Act Amendments of 1990.
"(e) FUTURE MODIFICATION OF STANDARD.—If the Administrator

relaxes a national primary ambient air quality standard after the
date of the enactment of the Clean Air Act Amendments of 1990, the
Administrator shall, within 12 months after the relaxation, promulgate requirements applicable to all areas which have not attained
that standard as of the date of such relaxation. Such requirements
shall provide for controls which are not less stringent than the
controls applicable to areas designated nonattainment before such
relaxation.' .
(c) N E W SOURCE PERMIT REQUIREMENTS.—Section 173 of the Clean
Air Act (42 U.S.C. 7503) is amended as follows:
(1) Strike the center heading and "SEC. 173." and insert:
"SEC. 173. PERMIT REQUIREMENTS.".

(2) Insert "(a) IN GENERAL.—" before the first sentence.
(3) Insert the following after "(1)": "in accordance with regulations issued by the Administrator for the determination of
baseline emissions in a manner consistent with the assumptions
underlying the applicable implementation plan approved under
section 110 and this part,".
(4) Make the following amendments in subparagraph (A) of
paragraph (1):
(A) Insert "sufficient offsetting emissions reductions have
been obtained, such that" immediately after the comma
following "commence operation".
(B) Strike "allowed under the applicable implementation
plan" and insert "(as determined in accordance with the
regulations under this paragraph)".
(5) Make the following amendments in subparagraph (B) of
paragraph (1):
(A) Insert "in the case of a new or modified major stationary source which is located in a zone (within the nonattainment area) identified by the Administrator, in consultation

Intergovernmental
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 processes, and environmental control techniques for such proposed
source demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as
a result of its location, construction, or modification.".
(8) Strike "(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)

I*^**^^
reltTttons*

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 immediately 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 classification than the area in which the source is located and (B) emissions
from such other area contribute to a violation of the national
ambient air quality standard in the nonattainment area in which
the source is located. Such emission reductions 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 otherwise required by this Act shall be creditable as emission reductions
for such purposes if such emission reductions meet the requirements
of paragraph (1).
"(d) CONTROL TECHNOLOGY INFORMATION.—The State shall provide
^^^^ 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 purposes of making such information available through the RACT/
BACT/LAER clearinghouse to other States and to the general
public.
"(e) ROCKET ENGINES OR MOTORS.—The permitting authority of a
State shall allow a source to offset by alternative or innovative
means emission increases from rocket engine and motor firing, and
cleaning related to such firing, at an existing or modified major
source that tests rocket engines or motors under the following
conditions:
"(1) Any modification proposed is solely for the purpose of
expanding the testing of rocket engines or motors at an existing
source that is permitted to test such engines on the date of
enactment of this subsection.
"(2) The source demonstrates to the satisfaction of the permitting authority of the State that it has used all reasonable means
to obtain and utilize offsets, as determined on an annual basis,
for the emissions increases beyond allowable levels, that all
available offsets are being used, and that sufficient offsets are
not available to the source.
"(3) The source has obtained a written finding from the
Department of Defense, Department of Transportation, National Aeronautics and Space Administration or other appropriate Federal agency, that the testing of rocket motors or
engines at the facility is required for a program essential to the
national security.
"(4) The source will comply with an alternative measure,
imposed by the permitting authority, designed to offset any
emission increases beyond permitted levels not directly offset by
the source. In lieu of imposing any alternative offset measures,
the permitting authority may impose an emissions fee to be
paid to such authority of a State which shall be an amount no
greater than 1.5 times the average cost of stationary source
control measures adopted in that area during the previous 3
years. The permitting authority shall utilize the fees in a
manner that maximizes the emissions reductions in that area.".
(d) PLANNING PROCEDURES.—Section 174 (42 U.S.C. 7504) of the
Clean Air Act is amended to read as follows:
"SEC. 174. PLANNING PROCEDURES.

"(a) IN GENERAL.—For any ozone, carbon monoxide, or PM-10
nonattainment area, the State containing such area and elected
officials of affected local governments shall, before the date required
for submittal of the inventory described under sections 182(a)(1) and
187(a)(1), jointly review and update as necessary the planning procedures adopted pursuant to this subsection as in effect immediately
before the date of the enactment of the Clean Air Act Amendments
of 1990, or develop new planning procedures pursuant to this subsection, as appropriate. In preparing such procedures the State and Interlocal elected officials shall determine which elements of a revised governmental
implementation plan will be developed, adopted, and implemented relations.
(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

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 responsible for the air quality maintenance planning process under regulations implementing this Act, and any other organization with
responsibilities for developing, submitting, or implementing the
plan required by this part. Such organization may be one that
carried out these functions before the date of the enactment of the
Clean Air Act Amendments of 1990.
"(b) COORDINATION.—The preparation of implementation plan
provisions and subsequent plan revisions under the continuing
transportation-air quality planning process described in section
108(e) shall be coordinated with the continuing, cooperative and
comprehensive transportation planning process required under section 134 of title 23, United States Code, and such planning processes
shall take into account the requirements of this part.
"(c) JOINT PLANNING.—In the case of a nonattainment area that is
included within more than one State, the affected States may
jointly, through interstate compact or otherwise, undertake and
implement all or part of the planning procedures described in this
section.".
(e) MAINTENANCE PLANS.—After section 175 of the Clean Air Act
insert:
Inter-

"SEC.175A. MAINTENANCE PLANS.

relSioM^"
42 use 7505a.

"(a) PLAN REVISION.—Each State which submits a request under
section 107(d) for redesignation of a nonattainment area for any air
pollutant as an area which has attained the national primary
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 standard for such air pollutant in the area concerned for at least 10 years
after the redesignation. The plan shall contain such additional
measures, if any, as may be necessary to ensure such maintenance.
"(b) SUBSEQUENT PLAN REVISIONS.—8 years after redesignation of
any area as an attainment area under section 107(d), the State shall
submit to the Administrator an additional revision of the applicable
State implementation plan for maintaining the national primary
ambient air quality standard for 10 years after the expiration of the
10-year period referred to in subsection (a).
"(c) NONATTAINMENT REQUIREMENTS APPLICABLE PENDING PLAN

APPROVAL.—Until such plan revision is approved and an area is
redesignated as attainment for any area designated as a nonattainment area, the requirements of this part shall continue in force and
effect with respect to such area. .
"(d) CONTINGENCY PROVISIONS.—Each plan revision submitted
under this section shall contain such contingency provisions as the
Administrator deems necessary to assure that the State will
promptly correct any violation of the standard which occurs after
the redesignation of the area as an attainment area. Such provisions
shall include a requirement that the State will implement all
measures with respect to the control of the air pollutant concerned
which were contained in the State implementation plan for the area

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.
"(a) AUTHORITY TO ESTABLISH INTERSTATE TRANSPORT REGIONS..^

Whenever, on the Administrator's own motion or by petition from
the Governor of any State, the Administrator has reason to believe
that the interstate transport of air pollutants from one or more
States contributes significantly to a violation of a national ambient
air quality standard in one or more other States, the Administrator
may establish, by rule, a transport region for such pollutant that
includes such States. The Administrator, on the Administrator's
own motion or upon petition from the Governor of any State, or
upon the recommendation of a transport commission established
under subsection (b), may—
"(1) add any State or portion of a State to any region established under this subsection whenever the Administrator has
reason to believe that the interstate transport of air pollutants
from such State significantly contributes to a violation of the
standard in the transport region, or
"(2) remove any State or portion of a State from the region
whenever the Administrator has reason to believe that the
control of emissions in that State or portion of the State pursuant to this section will not significantly contribute to the attainment of the standard in any area in the region.
The Administrator shall approve or disapprove any such petition or
recommendation within 18 months of its receipt. TTie Administrator
shall establish appropriate proceedings for public participation
regarding such petitions and motions, including notice and comment.
"03) TRANSPORT COMMISSIONS.—

"(1) EsTABUSHMENT.—Whenever the Administrator establishes a transport region under subsection (a), the Administrator shall establish a transport commission comprised of (at a
minimum) each of the following members:
"(A) The Governor of each State in the region or the
designee of each such Governor.
"(B) The Administrator or the Administrator's designee.
"(C) The Regional Administrator (or the Administrator's
designee) for each Regional Office for each Environmental
Protection Agency Region affected by the transport region
concerned.
"(D) An air pollution control official representing each
State in the region, appointed by the Governor.
Decisions of, and recommendations and requests to, the
Administrator by each transport commission may be made only
by a majority vote of all members other than the Administrator
and the Regional Administrators (or designees thereof).
"(2) RECOMMENDATIONS.—The transport commission shall
assess the degree of interstate transport of the pollutant or

42 USC 7506a.

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 Commission determines to be necessary to ensure that the plans for the
relevant States meet the requirements of section 110(a)(2)(D).
Such commission shall not be subject to the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.).
"(c) COMMISSION REQUESTS.—A transport commission established
under subsection (b) may request the Administrator to issue a
finding under section 110(k)(5) that the implementation plan for one
or more of the States in the transport region is substantially inadequate to meet the requirements of section 110(a)(2)(D). The
Administrator shall approve, disapprove, or partially approve and
partially disapprove such a request within 18 months of its receipt
and, to the extent the Administrator approves such request, issue
the finding under section 110(k)(5) at the time of such approval. In
acting on such request, the Administrator shall provide an opportunity for public participation and shall address each specific recommendation made by the commission. Approval or disapproval of
such a request shall constitute final agency action within the meaning of section 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 following "section 107".
(B) Insert "any commission established under section
176A (relating to control of interstate air pollution) or
section 184 (relating to control of interstate ozone pollution)
or" immediately following "program costs o f .
(C) Insert "or such commission" in the last sentence
immediately following "such agency".
(D) Insert "or commission" at the end thereof, immediately before the period.
(g) SANCTIONS.—After section 178 of the Clean Air Act (42 U.S.C.
7508) insert:
42 u s e 7509.

"SEC. 179. SANCTIONS AND CONSEQUENCES OF FAILURE TO ATTAIN.

"(a) STATE FAILURE.—For any implementation plan or plan revision required under this part (or required in response to a finding of
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 required by the provisions of this Act applicable to such an area,
"(3)(A) determines that a State has failed to make any submission as may be required under this Act, other than one 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 established 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 compliance. If the Administrator has selected one of such sanctions and the
deficiency has not been corrected within 6 months thereafter, sanctions under both paragraph (1) and paragraph (2) of subsection (b)
shall apply until the Administrator determines that the State has
come into compliance. In addition to any other sanction applicable
as provided in this section, the Administrator may 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 significant reduction in, or avoidance of, accidents. Such prohibition
shall become effective upon the selection by the Administrator
of this sanction.
"(B) In addition to safety, projects or grants that may be
approved by the Secretary, notwithstanding the prohibition in
subparagraph (A), are the following—
"(i) capital programs for public transit;
"(ii) construction or restriction of certain roads or lanes
solely for the use of passenger buses or high occupancy
vehicles;
"(iii) planning for requirements for employers to reduce
employee work-trip-related vehicle emissions;
"(iv) highway ramp metering, traffic signalization, and
related programs that improve traffic flow and achieve a
net emission reduction;
"(v) fringe and transportation corridor parking facilities
serving multiple occupancy vehicle programs or transit
operations;
"(vi) programs to limit or restrict vehicle use in downtown areas or other areas of emission concentration

104 STAT. 2422

Federal
Register,
publication.

PUBLIC LAW 101-549—NOV. 15, 1990

particularly during periods of peak use, through road use
charges, tolls, parking surcharges, or other pricing mechanisms, vehicle restricted zones or periods, or vehicle registration programs;
"(vii) programs for breakdown and accident scene
management, nonrecurring congestion, and vehicle
information systems, to reduce congestion and emissions;
and
"(viii) such other transportation-related programs as the
Administrator, in consultation with the Secretary of
Transportation, finds would improve air quality and would
not encourage single occupancy vehicle capacity.
In considering such measures, the State should seek to ensure
adequate access to downtown, other commercial, and residential
areas, and avoid increasing or relocating emissions and congestion rather than reducing them.
"(2) OFFSETS.—In applying the emissions offset requirements of
section 173 to new or modified sources or emissions units for which a
permit is required under part D, the ratio of emission reductions to
increased emissions shall be at least 2 to 1.
"(c) NOTICE OF FAILURE TO ATTAIN.—(1) As expeditiously as practicable after the applicable attainment date for any nonattainment
area, but not later than 6 months after such date, the Administrator
shall determine, based on the area's air quality as of the attainment
date, whether the area attained the standard by that date.
"(2) Upon making the determination under paragraph (1), the
Administrator shall publish a notice in the Federal Register
containing such determination and identifying each area that the
Administrator has determined to have failed to attain. The Administrator may revise or supplement such determination at any time
based on more complete information or analysis concerning the
area's air quality as of the attainment date.
"(d) CONSEQUENCES FOR FAILURE TO ATTAIN.—(1) Within 1 year
after the Administrator publishes the notice under subsection (cX2)
(relating to notice of failure to attain), each State containing a
nonattainment area shall submit a revision to the applicable implementation plan meeting the requirements of paragraph (2) of this
subsection.
"(2) The revision required under paragraph (1) shall meet the
requirements of section 110 and section 172. In addition, the revision
shall include such additional measures as the Administrator may
reasonably prescribe, including all 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 substituted for the phrase 'from the date such area was designated
nonattainment under section 107(d)' and for the phrase 'from the
date of designation as nonattainment'.".
(h) FEDERAL IMPLEMENTATION PLANS.—Section 110(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 submission 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.
"Sec.
"Sec.
"Sec.
"Sec.

181.
182.
183.
184.
185.

Classifications and attainment dates.
Plan submissions and requirements.
Federal ozone measures.
Control of interstate ozone air pollution.
Enforcement for Severe and Extreme ozone nonattainment areas for failure to attain.
"Sec. 185A. Transitional areas.
"Sec. 185B. NOX and VOC study.

"SEC. 181. CLASSIFICATIONS AND ATTAINMENT DATES.

42 USC 7511.

"(a) CLASSIFICATION AND ATTAINMENT DATES FOR 1989 NONATTAINMENT AREAS.—(1) Each area designated nonattainment for ozone

pursuant to section 107(d) shall be classified at the time of such
designation, under table 1, by operation of law, as a Marginal Area,
a Moderate Area, a Serious Area, a Severe Area, or an Extreme
Area based on the design value for the area. The design value shall
be calculated according to the interpretation methodology issued by
the Administrator most recently before the date of the enactment of
the Clean Air Act Amendments of 1990. For each area classified
under this subsection, the primary standard attainment date for
ozone shall be as expeditiously as practicable but not later than the
date provided in table 1.
"TABLE 1
A-^acla^
Marginal

Design value0.121 up to 0.138

Moderate

0.138 up to 0.160

Serious

0.160 up to 0.180

Severe

0.180 up to 0.280

Extreme

0.280 and above

^SS^TS^.
3 years after
enactment
6 years after
enactment
9 years after
enactment
15 years after
enactment
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 attainment date shall be 17 years (in lieu of 15 years) after the date of the
enactment of the Clean Air Amendments of 1990.
"(3) At the time of publication of the notice under section 107(dX4)
(relating to area designations) for each ozone nonattainment area,
the Administrator shall publish a notice announcing the classification of such ozone nonattainment area. The provisions of section
172(a)(1)(B) (relating to lack of notice and comment and judicial
review) shall apply to such classification.
"(4) If an area classified under paragraph (1) (Table 1) would have
been classified in another category if the design value in the area
were 5 percent greater or 5 percent less than the level on which
such classification was based, the Administrator may, in the
Administrator's discretion, within 90 days after the initial classification, by the procedure required under paragraph (3), adjust the
classification to place the area in such other category. In making
such adjustment, the Administrator may consider the number of
exceedances of the national primary ambient air quality standard
for ozone in the area, the level of pollution transport between the
area and other affected areas, including both intrastate and interstate transport, and the mix of sources and air pollutants in the
area.
"(5) Upon application by any State, the Administrator may extend
for 1 additional year (hereinafter referred to as the 'Extension
Year') the date specified in table 1 of paragraph (1) of this subsection
if—
"(A) the State has complied with all requirements and
commitments pertaining to the area in the applicable implementation plan, and
"(B) no more than 1 exceedance of the national ambient air
quality standard level for ozone has occurred in the area in the
year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this
paragraph for a single nonattainment area.
"(b) N E W DESIGNATIONS AND RECLASSIFICATIONS.—
"(1) N E W DESIGNATIONS TO NONATTAINMENT.—Any

area that is
designated attainment or unclassifiable for ozone under section
107(dX4), and that is subsequently redesignated to nonattainment 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 Amendments of 1990 and the date the area is classified under this
paragraph.
"(2) RECLASSIFICATION UPON FAILURE TO ATTAIN.—(A) Within 6
months following the applicable attainment date (including any
extension thereof) for an ozone nonattainment area, the
Administrator shall determine, based on the area's design value
(as of the attainment date), whether the area attained the
standard by that date. Except for any Severe or Extreme area.

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 identifying the reclassification, if any, described under subparagraph
(A).
"(3) VOLUNTARY RECLASSIFICATION.—The Administrator shall
grant the request of any State to reclassify a nonattainment
area in that State in accordance with table 1 of subsection (a) to
a higher classification. The Administrator shall publish a notice
in the Federal Register of any such request and of action by the
Administrator granting the request.
"(4) FAILURE OF SEVERE AREAS TO ATTAIN STANDARD.—(A)

If

any Severe Area fails to achieve the national primary ambient
air quality standard for ozone by the applicable attainment date
(including any extension thereof), the fee provisions under section 185 shall apply within the area, the percent reduction
requirements of section 182(c)(2)(B) and (C) (relating to reasonable further progress demonstration and 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 subparagraph (A) is above 0.140 ppm for the year of the applicable
attainment date, or if the area has failed to achieve its most
recent milestone under section 182(g), the new source review
requirements applicable under this subpart in Extreme Areas
shall apply in the area and the term 'major source' and 'major
stationary source' shall have the same meaning as in Extreme
Areas.
"(C) In addition to the requirements of subparagraph (A) for
those areas referred to in subparagraph (A) and not covered by
subparagraph (B), the provisions referred to in subparagraph (B)
shall apply after 3 years from the applicable attainment date
unless the area has attained the standard by the end of such 3year 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.

Intergovernmental
relations.
Federal
Register,
publication.

104 STAT. 2426

PUBLIC LAW 101-549—NOV. 15, 1990

Marginal Area, a Moderate Area, a Serious Area, a Severe Area, or
an Extreme Area as respectively classified under this section.
"(2) Any reference in this subpart to 'next higher classification' or
comparable terms shall be considered a reference to the classification related to the next higher set of design values in table 1.
Intergovernmental
relations.
42 u s e 7511a.

"SEC. 182. PLAN SUBMISSIONS AND REQUIREMENTS.

"(a) MARGINAL AREAS.—Each State in which all or part of a
Marginal Area is located shall, with respect to the Marginal Area
(or portion thereof, to the extent specified in this subsection), submit
to the Administrator the State implementation plan revisions
(including the plan items) described under this subsection except to
the extent the State has made such submissions as of the date of the
enactment of the Clean Air Act Amendments of 1990.
"(1) INVENTORY.—Within 2 years after the date of the enactment of the Clean Air Act Amendments of 1990, the State shall
submit a comprehensive, accurate, current inventory of actual
emissions from all sources, as described in section 172(c)(3), in
accordance with guidance provided by the Administrator.
"(2) CORRECTIONS TO THE STATE IMPLEMENTATION PLAN.—

Within the periods prescribed in this paragraph, the State shall
submit a revision to the State implementation plan that meets
the following requirements—
"(A)

REASONABLY

AVAILABLE

CONTROL

TECHNOLOGY

CORRECTIONS.—For any Marginal Area (or, within the
Administrator's discretion, portion thereof) the State shall
submit, within 6 months of the date of classification under
section 181(a), a revision that includes such provisions to
correct requirements in (or add requirements to) the plan
concerning reasonably available control technology as were
required under section 172(b) (as in effect immediately
before the date of the enactment of the Clean Air Act
Amendments of 1990), as interpreted in guidance issued by
the Administrator under section 108 before the date of the
enactment of the Clean Air Act Amendments of 1990.
"(B)

Federal
Register,
publication.

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 program, the State shall submit, immediately after the date of
the enactment of the Clean Air Act Amendments of 1990, a
revision that includes any provisions necessary to provide
for a vehicle inspection and maintenance program of no less
stringency than that of either the program defined in
House Report Numbered 95-294, 95th Congress, 1st Session,
281-291 (1977) as interpreted in guidance of the Administrator issued pursuant to section 172(b)(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 investigations and audits of such program. The guidance shall, at a
minimum, cover the frequency of inspections, the types of
vehicles to be inspected (which shall include leased vehicles
that are registered in the nonattainment area), vehicle
maintenance by owners and operators, audits by the State,
the test method and measures, including whether centralized or decentralized, inspection methods and procedures,
quality of inspection, components covered, assurance that a
vehicle subject to a recall notice from a manufacturer has
complied with that notice, and effective implementation
and enforcement, including ensuring that any retesting of a
vehicle after a failure shall include proof of corrective
action and providing for denial of vehicle registration in the
case of tampering or misfueling. The guidance which shall
be incorporated in the applicable State 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 program to meet any requirements that the Administrator
may prescribe under that section.
"(C) PERMIT PROGRAMS.—Within 2 years after the date of
the enactment of the Clean Air Act Amendments of 1990,
the State shall submit a revision that includes each of the
following:
"(i) Provisions to require permits, in accordance with
sections 172(c)(5) and 173, for the construction and
operation of each new or modified major stationary
source (with respect to ozone) to be located in the area.
"(ii) Provisions to correct requirements in (or add
requirements to) the plan concerning permit programs
as were required under section 172(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 Amendments of 1990.
"(3) PERIODIC INVENTORY.—
"(A) GENERAL REQUIREMENT.—No

later than the end of
each 3-year period after submission of the inventory under
paragraph (1) until the area is redesignated to attainment,
the State shall submit a revised inventory meeting the
requirements of subsection (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 implementation plan to require that the owner or operator of
each stationary source of oxides of nitrogen or volatile
organic compounds provide the State with a statement, in
such form as the Administrator may prescribe (or accept an
equivalent alternative developed by the State), for classes
or categories of sources, showing the actual emissions of

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 emissions from such class or category of sources, based on the
use of the emission factors established by the Administrator
or other methods acceptable to the Administrator.
"(4) GENERAL OFFSET REQUIREMENT.—For purposes of 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 applicable 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 Amendments of 1990, the State shall submit a revision to the
applicable implementation plan to provide for volatile organic compound emission reductions, within 6 years after
the date of the enactment of the Clean Air Act Amendments of 1990, of at least 15 percent from baseline emissions, accounting for any growth in emissions after the year
in which the Clean Air Act Amendments of 1990 are enacted. Such plan shall provide for such specific annual
reductions in emissions of volatile organic compounds and
oxides of nitrogen as necessary to attain the national primary ambient air quality standard for ozone by the attainment date applicable under this Act. This subparagraph
shall not apply in the case of oxides of nitrogen for those
areas for which the Administrator determines (when the
Administrator approves the plan or plan revision) that
additional reductions of oxides of nitrogen would not
contribute to attainment.

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 demonstrates to the satisfaction of the Administrator that—
"(I) new source review provisions are applicable in
the nonattainment areas in the same manner and to
the same extent as required under subsection (e) in the
case of Extreme Areas (with the exception that, in
applying such provisions, the terms 'major source' and
'major stationary source' shall include (in addition to
the sources described in section 302) any stationary
source or group of sources located within a contiguous
area and under common control that emits, or has the
potential to emit, at least 5 tons per year of volatile
organic compounds);
"(II) reasonably available control technology is required for all existing major sources (as defined in
subclause (I)); and
"(III) the plan reflecting a lesser percentage than 15
percent includes all measures that can feasibly be implemented in the area, in light of technological
achievability.
To qualify for a lesser percentage under this clause, a State
must demonstrate to the satisfaction of the Administrator
that the plan for the area includes the measures that are
achieved in practice by sources in the same source category
in nonattainment areas of the next higher category.
"(B) BASELINE EMISSIONS.—For purposes of subparagraph
(A), the term 'baseline emissions' means the total amount of
actual VOC or NOx emissions from all anthropogenic
sources in the area during the calendar year of the enactment of the Clean Air Act Amendments of 1990, excluding
emissions that would be eliminated under the regulations
described in clauses (i) and (ii) of subparagraph (D).
"(C) GENERAL RULE FOR CREDITABILITY OF REDUCTIONS.—

Except as provided under subparagraph (D), emissions
reductions are creditable toward the 15 percent required
under subparagraph (A) to the extent they have actually
occurred, as of 6 years after the date of the enactment of
the Clean Air Act Amendments of 1990, from the implementation of measures required under the applicable
implementation plan, rules promulgated by the Administrator, or a permit under title V.
"(D) LIMITS ON CREDITABILITY OF REDUCTIONS.—Emission

reductions from the following measures are not creditable
toward the 15 percent reductions required under subparagraph (A):
"(i) Any measure relating to motor vehicle exhaust
or evaporative emissions promulgated by the Administrator by January 1, 1990.
"(ii) Regulations concerning Reid Vapor Pressure
promulgated by the Administrator by the date of the
enactment of the Clean Air Act Amendments of 1990 or
required to be promulgated under section 211(h).
"(iii) Measures required under subsection (a)(2)(A)
(concerning corrections to implementation plans prescribed under guidance by the Administrator).

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 enactment of the Clean Air Act Amendments of 1990
(concerning corrections to motor vehicle inspection and
maintenance programs).
"(2) REASONABLY AVAILABLE CONTROL TECHNOLOGY.—The State
shall submit a revision to the applicable implementation plan to
include provisions to require the implementation of reasonably
available control technology under section 172(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 gasoline vapor recovery of emissions from the fueling of motor
vehicles. The Administrator shall issue guidance as appropriate as to the effectiveness of such system. This subparagraph shall apply only to facilities which sell more than
10,000 gallons of gasoline per month (50,000 gallons per
month in the case of an independent small business marketer of gasoline as defined in section 325).
"(B) EFFECTIVE DATE.—The date required under subparagraph (A) shall be—
"(i) 6 months after the adoption date, in the case of
gasoline dispensing facilities for which construction
commenced after the date of the enactment of the
Clean Air Act Amendments of 1990;
"(ii) one year after the adoption date, in the case of
gasoline dispensing facilities which dispense at least
100,000 gallons of gasoline per month, based on average
monthly sales for the 2-year period before the adoption
date; or
"(iii) 2 years after the adoption date, in the case of all
other gasoline dispensing facilities.
Any gasoline dispensing facility described under both
clause (i) and clause (ii) shall meet the requirements of
clause (i).

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2431

"(C) REFERENCE TO TERMS.—For purposes of this paragraph, any reference to the term 'adoption date' shall be
considered a reference to the date of adoption by the State
of requirements for the installation and operation of a
system for gasoline vapor recovery of emissions from the
fueling of motor vehicles.
"(4) MOTOR VEHICLE INSPECTION AND MAINTENANCE.—For all

Moderate Areas, the State shall submit, immediately after the
date of the enactment of the Clean Air Act Amendments of
1990, a revision to the applicable implementation plan that
includes provisions necessary to provide for a vehicle inspection
and maintenance program as described in subsection (a)(2)(B)
(without regard to whether or not the area was required by
section 172(b)(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 addition to the sources described in section 302) any stationary source or
group of sources located within a contiguous area and under
common control that emits, or has the potential to emit, at least 50
tons per year of volatile organic compounds.
"(1) ENHANCED MONITORING.—In order to obtain more 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 enhanced monitoring of ozone, oxides of nitrogen, and volatile
organic compounds. The rules shall, among other things, cover
the location and maintenance of monitors. Immediately following the promulgation of rules by the Administrator relating to
enhanced monitoring, the State shall commence such actions as
may be necessary to adopt and implement a program based on
such rules, to improve monitoring for ambient concentrations of
ozone, oxides of nitrogen and volatile organic compounds and to
improve monitoring of emissions of oxides of nitrogen and
volatile organic compounds. Each State implementation plan
for the area shall contain measures to improve the ambient
monitoring of such air pollutants.
"(2) ATTAINMENT AND REASONABLE FURTHER PROGRESS 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 applicable attainment date. This attainment demonstration
must be based on photochemical grid modeling or any other
analytical method determined by the Administrator, in the
Administrator's discretion, to be at least as effective.
"(B) REASONABLE FURTHER PROGRESS DEMONSTRATION.—A

demonstration that the plan, as revised, will result in VOC
emissions reductions from the baseline emissions described
in subsection (b)(1)(B) equal to the following amount averaged over each consecutive 3-year period beginning 6 years
after the date of the enactment of the Clean Air Act
Amendments of 1990, until the attainment date:
"(i) at least 3 percent of baseline emissions each year;
or
"(ii) an amount less than 3 percent of such baseline
emissions each year, if the State demonstrates to the
satisfaction of the Administrator that the plan reflecting such lesser amount includes all measures that can
feasibly be implemented in the area, in light of technological achievability.
To lessen the 3 percent requirement under clause (ii), a
State must demonstrate to the satisfaction of the Administrator that the plan for the area includes the measures that
are achieved in practice by sources in the same source
category in nonattainment areas of the next higher classification. Any determination to lessen the 3 percent requirement shall be reviewed at each milestone under section
182(g) and revised to reflect such new measures (if any)
achieved in practice by sources in the same category in any
State, allowing a reasonable time to implement such measures. The emission reductions described in this subparagraph shall be calculated in accordance with subsection
(b)(1) (C) and (D) (concerning creditability of reductions).
The reductions creditable for the period beginning 6 years
after the date of the enactment of the Clean Air Act
Amendments of 1990, shall include reductions that occurred before such period, computed in accordance with
subsection (b)(1), that exceed the 15-percent amount of
reductions required under subsection (b)(1)(A).
"(C) NOx CONTROL.—The revision may contain, in lieu of
the demonstration required under subparagraph (B), a demonstration to the satisfaction of the Administrator that the
applicable implementation plan, as revised, provides for
reductions of emissions of VOC's and oxides of nitrogen
(calculated according to the creditability provisions of
subsection (b)(1) (C) and (D)), that would result in a reduction in ozone concentrations at least equivalent to that
which would result from the amount of VOC emission
reductions required under subparagraph (B). Within 1 year
after the date of the enactment of the Clean Air Act
Amendments of 1990, the Administrator shall issue guidance concerning the conditions under which NOx control
may be substituted for VOC control or may be combined
with VOC control in order to maximize the reduction in
ozone air pollution. In accord with such guidance, a lesser

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2433

percentage of VOCs may be accepted as an adequate demonstration for purposes of this subsection.
"(3) ENHANCED VEHICLE INSPECTION AND MAINTENANCE PROGRAM.—
"(A) REQUIREMENT FOR SUBMISSION.—Within 2 years after

the date of the enactment of the Clean Air Act Amendments of 1990, the State shall submit a revision to the
applicable implementation plan to provide for an enhanced
program to reduce hydrocarbon emissions and NO, emissions from in-use motor vehicles registered in each urbanized area (in the nonattainment area), as defined by the
Bureau of the Census, with a 1980 population of 200,000 or
more.
"(B) EFFECTIVE DATE OF STATE PROGRAMS; GUIDANCE.—The Federal

State program required under subparagraph (A) shall take Register,
publication.
effect no later than 2 years from the date of the enactment
of the Clean Air Act Amendments of 1990, and shall comply
in all respects with guidance published in the Federal
Register (and from time to time revised) by the Administrator for enhanced vehicle inspection 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 emission control devices and misfueling for all light-duty
vehicles and all light-duty trucks subject to standards
under section 202; and
"(ii) program administration features necessary to
reasonably assure that adequate
management
resources, tools, and practices are in place to attain and
maintain the performance standard.
Compliance with the performance standard under clause (i)
shall be determined using a method to be established by the
Administrator.
"(C) STATE PROGRAM.—The State program required under
subparagraph (A) shall include, at a minimum, each of the
following elements—
"(i) Computerized emission analyzers, including onroad testing devices.
"(ii) No waivers for vehicles and parts covered by the
emission control performance warranty as provided for
in section 207(b) unless a warranty remedy has been
denied in writing, or for tampering-related repairs,
"(iii) In view of the air quality purpose of the program, if, for any vehicle, waivers are permitted for
emissions-related repairs not covered by warranty, an
expenditure to qualify for the waiver of an amount of
$450 or more for such repairs (adjusted annually as
determined by the Administrator on the basis of the
Consumer Price Index in the same manner as provided
in title V).
"(iv) Enforcement through denial of vehicle registration (except for any program in operation before the
date of the enactment of the Clean Air Act Amendments of 1990 whose enforcement mechanism is demonstrated to the Administrator to be more effective
than the applicable vehicle registration program in

104 STAT. 2434

Reports.

PUBLIC LAW 101-549—NOV. 15, 1990
assuring that noncomplying vehicles are not operated
on pubUc roads).
"(v) Annual emission testing and necessary adjustment, repair, and maintenance, unless the State demonstrates to the satisfaction of the Administrator that a
biennial inspection, in combination with other features
of the program which exceed the requirements of this
Act, will result in emission reductions which equal or
exceed the reductions which can be obtained through
such annual inspections.
"(vi) Operation of the program on a centralized basis,
unless the State demonstrates to the satisfaction of the
Administrator that a decentralized program will be
equally effective. An electronically connected testing
system, a licensing system, or other measures (or any
combination thereof) may be considered, in accordance
with criteria established by the Administrator, as
equally effective for such purposes.
"(vii) Inspection of emission control diagnostic systems and the maintenance or repair of malfunctions or
system deterioration identified by or affecting such
diagnostics systems.
Each State shall biennially prepare a report to the
Administrator which assesses the emission reductions
achieved by the program required under this paragraph
based on data collected during inspection and repair of
vehicles. The methods used to assess the emission reductions shall be those established by the Administrator.
"(4) CLEAN-FUEL VEHICLE PROGRAMS.—(A) Except to the extent
that substitute provisions have been approved by the Administrator under subparagraph (B), the State shall submit to the
Administrator, within 42 months of the date of the enactment of
the Clean Air Act Amendments of 1990, a revision to the
applicable implementation plan for each area described under
part C of title II to include such measures as may be necessary
to ensure the effectiveness of the applicable provisions of the
clean-fuel vehicle program prescribed under part C of title II,
including all measures necessary to make the use of clean
alternative fuels in clean-fuel vehicles (as defined in part C of
title II) economic from the standpoint of vehicle owners. Such a
revision shall also be submitted for each area that opts into the
clean fuel-vehicle program as provided in part C of title II.
"(B) The Administrator shall approve, as a substitute for all
or a portion of the clean-fuel vehicle program prescribed under
part C of title II, any revision to the relevant applicable implementation plan that in the Administrator's judgment will
achieve long-term reductions in ozone-producing and toxic air
emissions equal to those achieved under part C of title II, or the
percentage thereof attributable to the portion of the clean-fuel
vehicle program for which the revision is to substitute. The
Administrator may approve such revision only if it consists
exclusively of provisions other than those required under this
Act for the area. Any State seeking approval of such revision
must submit the revision to the Administrator within 24
months of the date of the enactment of the Clean Air Act
Amendments of 1990. The Administrator shall approve or disapprove any such revision within 30 months of the date of the

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2435

enactment of the Clean Air Act Amendments of 1990. The Federal
Administrator shall publish the revision submitted by a State in Register,
publication.
the Federal Register upon receipt. Such notice shall constitute a
notice of proposed rulemaking on whether or not to approve
such revision and shall be deemed to comply with the requirements concerning notices of proposed rulemaking contained in
sections 553 through 557 of title 5 of the United States Code
(related to notice and comment). Where the Administrator approves such revision for any area, the State need not submit the
revision required by subparagraph (A) for the area with respect
to the portions of the Federal clean-fuel vehicle program for
which the Administrator has approved the revision as a substitute.
"(C) If the Administrator determines, under section 179, that
the State has failed to submit any portion of the program
required under subparagraph (A), then, in addition to any
sanctions available under section 179, the State may not receive
credit, in any demonstration of attainment or reasonable further progress for the area, for any emission reductions from
implementation of the corresponding aspects of the Federal
clean-fuel vehicle requirements established in part C of title II.
"(5) TRANSPORTATION CONTROL.—(A) Beginning 6 years after
the date of the enactment of the Clean Air Act Amendments of
1990 and each third year thereafter, the State shall submit a
demonstration as to whether current aggregate vehicle mileage,
aggregate vehicle emissions, congestion levels, and other relevant parameters are consistent with those used for the area's
demonstration of attainment. Where such parameters and emissions levels exceed the levels projected for purposes of the area's
attainment demonstration, the State shall within 18 months
develop and submit a revision of the applicable implementation
plan that includes a transportation control measures program
consisting of measures from, but not limited to, section 108(f)
that will reduce emissions to levels that are consistent with
emission levels projected in such demonstration. In considering
such measures, the State should ensure adequate access to
downtown, other commercial, and residential areas and should
avoid measures that increase or relocate emissions and congestion rather than reduce them. Such revision shall be developed
in accordance with guidance issued by the Administrator pursuant to section 108(e) and with the requirements of section 174(b)
and shall include implementation and funding schedules that
achieve expeditious emissions reductions in accordance with
implementation plan projections.
"(6) D E MINIMIS RULE.—The new source review provisions
under this part shall ensure that increased emissions of volatile
organic compounds resulting from any physical change in, or
change in the method of operation of, a stationary source
located in the area shall not be considered de minimis for
purposes of determining the applicability of the permit requirements established by this Act unless the increase in net emissions of such air pollutant from such source does not exceed 25
tons when aggregated with all other net increases in emissions
from the source over any period of 5 consecutive calendar years
which includes the calendar year in which such increase
occurred.

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 OR MORE.—In the case of any major stationary source of
volatile organic compounds located in the area which emits or
has the potential to emit 100 tons or more of volatile organic
compounds per year, whenever any change (as described in
section 111(a)(4)) at that source results in any increase (other
than a de minimis increase) in emissions of volatile organic
compounds from any discrete operation, unit, or other pollutant
emitting activity at the source, such increase shall be considered a modification for purposes of section 172(c)(5) and section
173(a), except that if the owner or operator of the source elects
to offset the increase by a greater reduction in emissions of
volatile organic compounds from other operations, units, or
activities within the source at an internal offset ratio of at least
1.3 to 1, the requirements of section 173(a)(2) (concerning the
lowest achievable emission rate (LAER)) shall not apply.
"(9) CONTINGENCY PROVISIONS.—In addition to the contingency

provisions required under section 172(c)(9), the plan revision
shall provide for the implementation of specific measures to be
undertaken if the area fails to meet any applicable milestone.
Such measures shall be included in the plan revision as contingency measures to take effect without further action by the
State or the Administrator upon a failure by the State to meet
the applicable milestone.
"(10) GENERAL OFFSET REQUIREMENT.—For purposes of 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 incorporated by reference into this subsection, shall refer to the attainment date for serious areas.
"(d) SEVERE AREAS.—Each State in which all or part of a Severe
Area is located shall, with respect to the Severe Area, make the

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 implementation plan (including the plan items) described under this
subsection. For any Severe Area, the terms 'major source' and
'major stationary source' include (in addition to the sources described in section 302) any stationary source or group of sources
located within a contiguous area and under common control that
emits, or has the potential to emit, at least 25 tons per year of
volatile organic compounds.
"(1) VEHICLE MILES TRAVELED.—(A) Within 2 years after the
date of enactment of the Clean Air Act Amendments of 1990,
the State shall submit a revision that identifies and adopts
specific enforceable transportation control strategies and
transportation control measures to offset any growth in emissions from growth in vehicle miles traveled or numbers of
vehicle trips in such area and to attain reduction in motor
vehicle emissions as necessary, in combination with other emission reduction requirements of this subpart, to comply with the
requirements of subsection (b)(2)(B) and (c)(2)(B) (pertaining to
periodic emissions reduction requirements). The State shall
consider measures specified in section 108(f), and choose from
among and implement such measures as necessary to demonstrate attainment with the national ambient air quality
standards; in considering such measures, the State should
ensure adequate access to downtown, other commercial, and
residential areas and should avoid measures that increase or
relocate emissions and congestion rather than reduce them.
"(B) Within 2 years after the date of enactment of the Clean
Air Act Amendments of 1990, the State shall submit a revision
requiring employers in such area to implement programs to
reduce work-related vehicle trips and miles traveled by employees. Such revision shall be developed in accordance with guidance issued by the Administrator pursuant to section 108(f) and
shall, at a minimum, require that each employer of 100 or more
persons in such area increase average passenger occupancy per
vehicle in commuting trips between home and the workplace
during peak travel periods by not less than 25 percent above the
average vehicle occupancy for all such trips in the area at the
time the revision is submitted. The guidance of the Administrator may specify average vehicle occupancy rates which vary
for locations within a nonattainment area (suburban, center
city, business district) or among nonattainment areas reflecting
existing occupancy rates and the availability of high occupancy
modes. The revision shall provide that each employer subject to
a vehicle occupancy requirement shall submit a compliance
plan within 2 years after the date the revision is submitted
which shall convincingly demonstrate compliance with the
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) (relating to reductions of less than 3 percent), the provisions of paragaphs
(6), (7) and (8) of subsection (c) (relating to de minimus rule and
modification of sources), and the provisions of clause (ii) of subsection (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 requirement 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 implementation plan, permit, or this Act.
"(3)

U S E OF CLEAN FUELS OR ADVANCED CONTROL TECH-

NOLOGY.—For Extreme Areas, a plan revision shall be submitted within 3 years after the date of the enactment of the Clean
Air Act Amendments of 1990 to require, effective 8 years after
such date, that each new, modified, and existing electric utility
and industrial and commercial boiler which emits more than 25
tons per year of oxides of nitrogen—
"(A) burn as its primary fuel natural gas, methanol, or
ethanol (or a comparably low polluting fuel), or

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 traffic control measures applicable during heavy traffic hours to
reduce the use of high polluting vehicles or heavy-duty vehicles,
notwithstanding any other provision of law.
"(5) NEW TECHNOLOGIES.—The Administrator may, in accordance with section 110, approve provisions of an implementation
plan for an Extreme Area which anticipate development of new
control techniques or improvement of existing control technologies, and an attainment demonstration based on such provisions, if the State demonstrates to the satisfaction of the
Administrator that—
"(A) such provisions are not necessary to achieve the
incremental emission reductions required during the first
10 years after the date of the enactment of the Clean Air
Act Amendments of 1990; and
"(B) the State has submitted enforceable commitments to
develop and adopt contingency measures to be implemented
as set forth herein if the anticipated technologies do not
achieve planned reductions.
Such contingency measures shall be submitted to the Administrator no later than 3 years before proposed implementation of
the plan provisions and approved or disapproved by the
Administrator in accordance with section 110. The contingency
measures shall be adequate to produce emission reductions
sufficient, in conjunction with other approved plan provisions,
to achieve the periodic emission reductions required by subsection (b)(1) or (c)(2) and attainment by the applicable dates. If the
Administrator determines that an Extreme Area has failed to
achieve an emission reduction requirement set forth in subsection (b)(1) or (c)(2), and that such failure is due in whole or part
to an inability to fully implement provisions approved pursuant
to this subsection, the Administrator shall require the State to
implement the contingency measures to the extent necessary to
assure compliance with subsections (b)(1) and (c)(2).
Any reference to the term 'attainment date' in subsection (b), (c), or
(d) which is incorporated by reference into this subsection, shall
refer to the attainment date for Extreme Areas.
"(f) NOX REQUIREMENTS.—(1) The plan provisions required under
this subpart for major stationary sources of volatile organic compounds shall also apply to major stationary sources (as defined in
section 302 and subsections (c), (d), and (e) of this section) of oxides of
nitrogen. This subsection shall not apply in the case of oxides of
nitrogen for those sources for which the Administrator determines
(when the Administrator approves a plan or plan revision) that net
air quality benefits are greater in the absence of reductions of oxides
of nitrogen from the sources concerned. This subsection shall also
not apply in the case of oxides of nitrogen for—

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 additional reductions of oxides of nitrogen would not contribute to
attainment of the national ambient air quality standard for
ozone in the area, or
"(B) nonattainment areas within such an ozone transport
region if the Administrator determines (when the Administrator approves a plan or plan revision) that additional reductions of oxides of nitrogen would not produce net ozone air
quality benefits in such region.
The Administrator shall, in the Administrator's determinations,
consider the study required under section 185B.
"(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 emissions of NOx are emission reductions for which the Administrator
determines that net air quality benefits are greater in the absence of
such reductions. Alternatively, for purposes of this paragraph,
excess reductions in emissions of 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

Regulations.

years after the date of the
enactment of the Clean Air Amendments of 1990 and at intervals of every 3 years thereafter, the State shall determine
whether each nonattainment area (other than an area classified
as Marginal or Moderate) has achieved a reduction in emissions
during the preceding intervals equivalent to the total emission
reductions required to be achieved by the end of such interval
pursuant to subsection (b)(1) and the corresponding requirements of subsections (c)(2) (B) and (C), (d), and (e). Such
reduction shall be referred to in this section as an applicable
milestone.
"(2) COMPLIANCE DEMONSTRATION.—For each nonattainment
area referred to in paragraph (1), not later than 90 days after
the date on which an applicable milestone occurs (not including
an attainment date on which a milestone occurs in cases where
the standard has been attained), each State in which all or part
of such area is located shall submit to the Administrator a
demonstration that the milestone has been met. A demonstration under this paragraph shall be submitted in such form and
manner, and shall contain such information and analysis, as the
Administrator shall require, by rule. The Administrator shall

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 demonstration which contains the information and analysis required by
the Administrator.
"(3) SERIOUS AND SEVERE AREAS; STATE ELECTION.—If a State
fails to submit a demonstration under paragraph (2) for any
Serious or Severe Area within the required period or if the
Administrator determines that the area has not met any applicable milestone, 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 required for the State to make an election, the State shall submit
a revision of the applicable implementation plan for the area
that meets the requirements of this paragraph. The Administrator shall review such plan revision and approve or disapprove the revision within 9 months after the date of its
submission.
"(4) ECONOMIC INCENTIVE PROGRAM.—(A) An economic incentive program under this pareigraph shall be consistent with
rules published by the Administrator and sufficient, in combination with other elements of the State plan, to achieve the next
milestone. The State program may include a nondiscriminatory
system, consistent with applicable law regarding interstate commerce, of State established emissions fees or a system of marketable permits, or a system of State fees on sale or manufacture of
products the use of which contributes to ozone formation, or any
combination of the foregoing or other similar measures. The
program may also include incentives and requirements to
reduce vehicle emissions and vehicle miles traveled in the area,
including any of the transportation control measures identified
in section 108(f).
"(B) Within 2 years after the date of the enactment of the 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 provisions which may be adopted for reducing emissions from permitted stationary sources, area sources, and mobile sources. The
guidelines shall require that any revenues generated by the
plan provisions adopted pursuant to subparagraph (A) shall be
used by the State for any of the following:

104 STAT. 2442

PUBLIC LAW 101-549—NOV. 15, 1990

"(i) Providing incentives for achieving emission reductions.
"(ii) Providing assistance for the development of innovative technologies for the control of ozone air pollution and
for the development of lower-polluting solvents and surface
coatings. Such assistance shall not provide for the payment
of more than 75 percent of either the costs of any project to
develop such a technology or the costs of development of a
lower-polluting solvent or surface coating.
"(iii) Funding the administrative costs of State programs
under this Act. Not more than 50 percent of such revenues
may be used for purposes of this clause.
"(5) EXTREME AREAS.—If a State fails to submit a demonstration under paragraph (2) for any Extreme Area within the
required period, or if the Administrator determines that the
area has not met any applicable milestone, the State shall,
within 9 months after such failure or determination, submit a
plan revision to implement an economic incentive program
which meets the requirements of paragraph (4). The Administrator shall review such plan revision and approve or disapprove the revision within 9 months after the date of its
submission.
"(h) RURAL TRANSPORT AREAS.—(1) Notwithstanding any other
provision of section 181 or this section, a State containing an ozone
nonattainment area that does not include, and is not adjacent to,
any part of a Metropolitan Statistical Area or, where one exists, a
Consolidated Metropolitan Statistical Area (as defined by the United
States Bureau of the Census), which area is treated by the Administrator, in the Administrator's discretion, as a rural transport area
within the meaning of paragraph (2), shall be treated by operation of
law as satisfying the requirements of this section if it makes the
submissions required under subsection (a) of this section (relating to
marginal areas).
"(2) The Administrator may treat an ozone nonattainment area as
a rural transport area if the Administrator finds that sources of
VOC (and, where the Administrator determines relevant, NOx) emissions within the area do not make a significant contribution to the
ozone concentrations measured in the area or in other areas.
"(i) RECLASSIFIED AREAS.—Each State containing an ozone nonattainment area reclassified under section 181(b)(2) shall meet such
requirements of subsections (b) through (d) of this section as may be
applicable to the area as reclassified, according to the schedules
prescribed in connection with such requirements, except that the
Administrator may adjust any applicable deadlines (other than
attainment dates) to the extent such adjustment is necessary or
appropriate to assure consistency among the required submissions,
"(j) MULTI-STATE OZONE NONATTAINMENT AREAS.—
"(1) COORDINATION AMONG STATES.—Each State

in which there
is located a portion of a single ozone nonattainment area which
covers more than one State (hereinafter in this section referred
to as a 'multi-State ozone nonattainment area') shall—
"(A) take all reasonable steps to coordinate, substantively
and procedurally, the revisions and implementation of
State implementation plans applicable to the nonattainment area concerned; and

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 nonattainment area fails to provide a demonstration of attainment
of the national ambient air quality standard for ozone in that
portion within the required period, the State may petition the
Administrator to make a finding that the State would have been
able to make such demonstration but for the failure of one or
more other States in which other portions of the area are
located to commit to the implementation of all measures required under section 182 (relating to plan submissions and
requirements for ozone nonattainment areas). If the Administrator makes such finding, the provisions of section 179 (relating
to sanctions) shall not apply, by reason of the failure to make
such demonstration, in the portion of the multi-State ozone
nonattainment area within the State submitting such petition.
"SEC. 183. FEDERAL OZONE MEASURES.
"(a) CONTROL TECHNIQUES GUIDELINES FOR 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 techniques guidelines, in accordance with section 108, for 11 categories
of stationary sources of VOC emissions for which such guidelines
have not been issued as of such date of enactment, not including the
categories referred to in paragraphs (3) and (4) of subsection (b) of
this section. The Administrator may issue such additional control
techniques guidelines as the Administrator deems necessary.
"(b) EXISTING AND N E W CTGS.—(1) Within 36 months after the
date of the enactment of the Clean Air Act Amendments of 1990, ,
and periodically thereafter, the Administrator shall review and, if
necessary, update control technique guidance issued under section
108 before the date of the enactment of the Clean Air Act Amendments of 1990.
"(2) In issuing the guidelines the Administrator shall give priority
to those categories which the Administrator considers to make the
most significant contribution to the formation of ozone air pollution
in ozone nonattainment areas, including hazardous weiste treatment, storage, and disposal facilities which are permitted under
subtitle C of the Solid Waste Disposal Act. Thereafter the Administrator shall periodically review and, if necessary, revise such guidelines.
"(3) Within 3 years after the date of the enactment of the Clean
Air Act Amendments of 1990, the Administrator shall issue control
techniques guidelines in accordance with section 108 to reduce the
aggregate emissions of volatile organic compounds into the ambient
air from aerospace coatings and solvents. Such control techniques
guidelines shall, at a minimum, be adequate to reduce aggregate
emissions of volatile organic compounds into the ambient air from
the application of such coatings and solvents to such level as the
Administrator determines may be achieved through the adoption of

42 USC 7511b.

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 Administration with regard to the establishment of specifications for such
coatings. In evaluating VOC reduction strategies, the guidance shall
take into account the applicable requirements of section 112 and the
need to protect stratospheric ozone.
"(4) Within 3 years after the date of the enactment of the Clean
Air Act Amendments of 1990, the Administrator shall issue control
techniques guidelines in accordance with section 108 to reduce the
aggregate emissions of volatile organic compounds and PM-10 into
the ambient air from paints, coatings, and solvents used in
shipbuilding operations and ship repair. Such control techniques
guidelines shall, at a minimum, be adequate to reduce aggregate
emissions of volatile organic compounds and PM-10 into the
ambient air from the removal or application of such paints, coatings,
and solvents to such level as the Administrator determines may be
achieved through the adoption of the best available control measures. Such control techniques guidelines shall provide for such
reductions in such increments and on such schedules as the
Administrator determines to be reasonable, but in no event later
than 10 years after the final issuance of such control technology
guidance. In developing control techniques guidelines under this
subsection, the Administrator shall consult with the appropriate
Federal agencies.
"(c) ALTERNATIVE CONTROL TECHNIQUES.—Within 3 years after the
date of the enactment of the Clean Air Act Amendments of 1990, the
Administrator shall issue technical documents which identify alternative controls for all categories of stationary sources of volatile
organic compounds and oxides of nitrogen which emit, or have the
potential to emit 25 tons per year or more of such air pollutant. The
Administrator shall revise and update such documents as the
Administrator determines necessary.
"(d) GUIDANCE FOR EVALUATING COST-EFFECTIVENESS.—Within 1

year after the date of the enactment of the Clean Air Act Amendments of 1990, the Administrator shall provide guidance to the
States to be used in evaluating the relative cost-effectiveness of
various options for the control of emissions from existing stationary
sources of air pollutants which contribute to nonattainment of the
national ambient air quality standards for ozone.
"(e) CONTROL OF EMISSIONS FROM CERTAIN SOURCES.—

"(1) DEFINITIONS.—For purposes of this subsection—
"(A) BEST AVAILABLE CONTROLS.—The term 'best available
controls' means the degree of emissions reduction that the
Administrator determines, on the basis of technological and
economic feasibility, health, environmental, and energy impacts, is achievable through the application of the most
effective equipment, measures, processes, methods, systems
or techniques, including chemical reformulation, product or
feedstock substitution, repackaging, and directions for use,
consumption, storage, or disposal.

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 distributors, or importers of consumer or commercial products
for sale or distribution in interstate commerce in the
United States; or
"(ii) manufacturers, processors, wholesale distributors, or importers that supply the entities listed under
clause (i) with such products for sale or distribution in
interstate commerce in the United States.
'(2) STUDY AND REPORT.—

"(A) STUDY.—The Administrator shall conduct a study of
the emissions of volatile organic compounds into the ambient air from consumer and commercial products (or any
combination thereof) in order to—
"(i) determine their potential to contribute to ozone
levels which violate the national ambient air quality
standard for ozone; and
"(ii) establish criteria for regulating consumer and
commercial products or classes or categories thereof
which shall be subject to control under this subsection.
The study shall be completed and a report submitted to
Congress not later than 3 years after the date of the
enactment of the Clean Air Act Amendments of 1990.
"(B) CONSIDERATION OF CERTAIN FACTORS.—In establishing
the criteria under subparagraph (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 comparable costs, considering health, safety, and environmental impacts.
'(3) REGULATIONS TO REQUIRE EMISSION REDUCTIONS.—

"(A) IN GENERAL.—Upon submission of the final report
under paragraph (2), the Administrator shall list those
categories of consumer or commercial products that the
Administrator determines, based on the study, account for
at least 80 percent of the VOC emissions, on a reactivityadjusted 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 promulgating such list, the Administrator shall regulate one group of
categories until all 4 groups are regulated. The regulations
shall require best available controls as defined in this
section. Such regulations may exempt health use products
for which the Administrator determines there is no suitable
substitute. In order to carry out this section, the Administrator may, by regulation, control or prohibit any activity,
including the manufacture or introduction into commerce,
offering for sale, or sale of any consumer or commercial
product which results in emission of volatile organic compounds into the ambient air.
"(B) REGULATED ENTITIES.—Regulations under this
subsection may be imposed only with respect to regulated
entities.
"(C) USE OF CTGS.—For any consumer or commercial
product the Administrator may issue control techniques
guidelines under this Act in lieu of regulations required
under subparagraph (A) if the Administrator determines
that such guidance will be substantially as effective as
regulations in reducing emissions of volatile organic compounds which contribute to ozone levels in areas which
violate the national ambient air quality standard for ozone.
"(4) SYSTEMS OF REGULATION.—The regulations under this
subsection may include any system or systems of regulation as
the Administrator may deem appropriate, including requirements for registration and labeling, self-monitoring and reporting, prohibitions, limitations, or economic incentives (including
marketable permits and auctions of emissions rights) concerning the manufacture, processing, distribution, use, consumption,
or disposal of the product.
"(5) SPECIAL FUND.—Any amounts collected by the 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 Administrator determines such regulations to be useful in meeting any
national ambient air quality standard.
"(9) STATE CONSULTATION.—Any State which proposes regulations other than those adopted under this subsection shall
consult with the Administrator regarding whether any other
State or local subdivision has promulgated or is promulgating
regulations on any products covered under this part. The
Administrator shall establish a clearinghouse of information,
studies, and regulations proposed and promulgated regarding
products covered under this subsection and disseminate such
information collected as requested by State or local subdivisions.
'(f) TANK VESSEL STANDARDS.—
"(1) SCHEDULE FOR STANDARDS.—(A)

Within 2 years after the
date of the enactment of the Clean Air Act Amendments of
1990, the Administrator, in consultation with the Secretary of
the Department in which the Coast Guard is operating, shall
promulgate standards applicable to the emission of VOCs and
any other air pollutant from loading and unloading of tank
vessels (as that term is defined in section 2101 of title 46 of the
United States Code) which the Administrator finds causes, or
contributes to, air pollution that may be reasonably anticipated
to endanger public health or welfare. Such standards shall
require the application of reasonably available control technology, considering costs, any nonair-quality benefits, environmental impacts, energy requirements and safety factors associated with alternative control techniques. To the extent
practicable such standards shall apply to loading and
unloading facilities and not to tank vessels.
"(B) Any regulation prescribed under this subsection (and any 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) necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of
compliance within such period, except that the effective date
shall not be more than 2 years after promulgation of such
regulations.
"(2) REGULATIONS ON EQUIPMENT SAFETY.—Within 6 months
after the date of the enactment of the Clean Air Act Amendments of 1990, the Secretary of the Department in which the
Coast Guard is operating shall issue regulations to ensure the
safety of the equipment and operations which are to control
emissions from the loading and unloading of tank vessels, under
section 3703 of title 46 of the United States Code and section 6 of
the Ports and Waterways Safety Act (33 U.S.C. 1225). The
standards promulgated by the Administrator under paragraph
(1) and the regulations issued by a State or political subdivision
regarding emissions from the loading and unloading of tank
vessels shall be consistent with the regulations regarding safety
of the Department in which the Coast Guard is operating.
"(3) AGENCY AUTHORITY.—(A) The Administrator shall ensure
compliance with the tank vessel emission standards prescribed
under paragraph (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
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 regulations issued under paragraph (2).
"(4) STATE OR LOCAL STANDARDS.—After the Administrator

Intergovernmental
relations.
Reports.
Public
information.
42 u s e 7511c.
State listing.

promulgates standards under this section, no State or political
subdivision thereof may adopt or attempt to enforce any standard respecting emissions from tank vessels subject to regulation
under paragraph (1) unless such standard is no less stringent
than the standards promulgated under paragraph (1).
"(5) ENFORCEMENT.—Any standard established under paragraph (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 conduct a study of whether the methodology in use by the Environmental Protection Agency as of the date of the enactment of the
Clean Air Act Amendments of 1990 for establishing a design value
for ozone provides a reasonable indicator of the ozone air quality of
ozone nonattainment areas. The Administrator shall obtain input
from States, local subdivisions thereof, and others. The study shall
be completed and a report submitted to Congress not later than 3
years after the date of the enactment of the Clean Air Act Amendments of 1990. The results of the study shall be subject to peer and
public review before submitting it to Congress.
"SEC. 184. CONTROL OF INTERSTATE OZONE AIR POLLUTION.

"(a) OZONE TRANSPORT REGIONS.—A single transport region for
ozone (within the meaning of section 176A(a)), comprised of the
States of Connecticut, Delaware, Maine, Maryland, Massachusetts,
New Hampshire, New Jersey, New York, Pennsylvania, Rhode
Island, Vermont, and the Consolidated Metropolitan Statistical
Area that includes the District of Columbia, is hereby established by
operation of law. The provisions of section 176A(a) (1) and (2) shall
apply with respect to the transport region established under this
section and any other transport region established for ozone, except
to the extent inconsistent with the provisions of this section. The
Administrator shall convene the commission required (under section
176A(b)) £is a result of the establishment of such region within 6
months of the date of the enactment of the Clean Air Act Amendments of 1990.
"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 technology with respect to all sources of volatile organic compounds
in the State covered by a control techniques guideline issued
before or after the date of the enactment of the Clean Air Act
Amendments of 1990.
"(2) Within 3 years after the date of the enactment of the Clean
Air Act Amendments of 1990, the Administrator shall complete a
study identifying control measures capable of achieving emission
reductions comparable to those achievable through vehicle refueling
controls contained in section 182(b)(3), and such measures or such
vehicle refueling controls shall be implemented in accordance with
the provisions of this section. Notwithstanding other deadlines in
this section, the applicable implementation plan shall be revised to
reflect such measures within 1 year of completion of the study. For
purposes of this section any stationary source that emits or has the
potential to emit at least 50 tons per year of volatile organic
compounds shall be considered a major stationary source and subject to the requirements which would be applicable to major stationary sources if the area were classified as a Moderate nonattainment
area.
"(c) ADDITIONAL CONTROL MEASURES.—

"(1) RECOMMENDATIONS.—Upon petition of any State within a
transport region established for ozone, and based on a majority
vote of the Governors on the Commission (or their designees),
the Commission may, after notice and opportunity for public
comment, develop recommendations for additional control
measures to be applied within all or a part of such transport
region if the commission determines such measures are necessary to bring any area in such region into attainment by the
dates provided by this subpart. The commission shall transmit
such recommendations to the Administrator.
"(2)

NOTICE AND REVIEW.—Whenever

the

Administrator

receives recommendations prepared by a commission pursuant
to paragraph (1) (the date of receipt of which shall hereinafter
in this section be referred to as the 'receipt date'), the Administrator shall—
"(A) immediately publish in the Federal Register a notice Federal
stating that the recommendations are available and provide Register,
an opportunity for public hearing within 90 days beginning publication.
on the receipt date; and
"(B) commence a review of the recommendations to determine whether the control measures in the recommendations are necessary to bring any area in such region into
attainment by the dates provided by this subpart and are
otherwise consistent with this Act.
"(3) CONSULTATION.—In undertaking the review required
under paragraph (2)(B), the Administrator shall consult with
members of the commission of the affected States and shall take
into account the data, views, and comments received pursuant
to paragraph (2)(A).
"(4) APPROVAL AND DISAPPROVAL.—Within 9 months after the Federal
Register,
receipt date, the Administrator shall (A) determine whether to publication.
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

104 STAT. 2450

PUBLIC LAW 101-549—NOV. 15, 1990
the Administrator disapproves or partially disapproves the recommendations, the Administrator shall specify—
"(i) why any disapproved additional control measures are
not necessary to bring any area in such region into attainment by the dates provided by this subpart or are otherwise
not consistent with the Act; and
"(ii) recommendations concerning equal or more effective
actions that could be taken by the commission to conform
the disapproved portion of the recommendations to the
requirements of this section.
"(5) FINDING.—Upon approval or partial approval of recommendations submitted by a commission, the Administrator
shall issue to each State which is included in the transport
region and to which a requirement of the approved plan applies,
a finding under section 110(k)(5) that the implementation plan
for such State is inadequate to meet the requirements of section
110(a)(2)(D). Such finding shall require each such State to revise
its implementation plan to include the approved additional
control measures within one year after the finding is issued.
"(d) BEST AVAILABLE AIR QUALITY MONITORING AND MODELING.—

For purposes of this section, not later than 6 months after the date
of the enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate criteria for purposes of determining
the contribution of sources in one area to concentrations of ozone in
another area which is a nonattainment area for ozone. Such criteria
shall require that the best available air quality monitoring and
modeling techniques be used for purposes of making such
determinations.
42 u s e 751 Id.

"SEC. 185. ENFORCEMENT FOR SEVERE AND EXTREME OZONE NONATTAINMENT AREAS FOR FAILURE TO ATTAIN.
"(a) GENERAL RULE.—Each implementation plan revision required

under section 182 (d) and (e) (relating to the attainment plan for
Severe and Extreme ozone nonattainment areas) shall provide that,
if the area to which such plan revision applies has failed to attain
the national primary ambient air quality standard for ozone by the
applicable attainment date, each major stationary source of VOCs
located in the area shall, except as otherwise provided under subsection (c), pay a fee to the State as a penalty for such failure, computed
in accordance with subsection (b), for each calendar year beginning
after the attainment date, until the area is redesignated as an
attainment area for ozone. Each such plan revision should include
procedures for assessment and collection of such fees.
"(b) COMPUTATION OF FEE.—

"(1) FEE AMOUNT.—The fee shall equal $5,000, adjusted in
accordance with paragraph (3), per ton of VOC emitted by the
source during the calendar year in excess of 80 percent of the
baseline amount, computed under paragraph (2).
"(2) BASELINE AMOUNT.—For purposes of this section, the
baseline amount shall be computed, in accordance with such
guidance as the Administrator may provide, as the lower of the
amount of actual VOC emissions ('actuals') or VOC emissions
allowed under the permit applicable to the source (or, if no such
permit has been issued for the attainment year, the amount of
VOC emissions allowed under the applicable implementation
plan ('allowables')) during the attainment year. Notwithstanding the preceding sentence, the Administrator may issue 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 computed in accordance with section 6621(a)(2) of the Internal Revenue
Code of 1986 (relating to computation of interest on underpayment
of Federal taxes), to the extent the Administrator finds such fees
have not been paid to the State. The provisions of clauses (ii)
through (iii) of section 502(b)(3)(C) (relating to penalties and use of
the funds, respectively) shall apply with respect to fees collected
under this subsection.
"(e) EXEMPTIONS FOR CERTAIN SMALL AREAS.—For areas with a
total population under 200,000 which fail to attain the standard by
the applicable attainment date, no sanction under this section or
under any other provision of this Act shall apply if the area can
demonstrate, consistent with guidance issued by the Administrator,
that attainment in the area is prevented because of ozone or ozone
precursors transported from other areas. The prohibition applies
only in cases in which the area has met all requirements and
implemented all measures applicable to the area under this Act.
"SEC. 185A. TRANSITIONAL AREAS.

"If an area designated as an ozone nonattainment area as of the
date of enactment of the Clean Air Act Amendments of 1990 has not
violated the national primary ambient air quality standard for
ozone for the 36-month period commencing on January 1, 1987, and
ending on December 31, 1989, the Administrator shall suspend the
application of the requirements of this subpart to such area until
December 31, 1991. By June 30, 1992, the Administrator shall
determine by order, based on the area's design value as of the
attainment date, whether the area attained such standard by
December 31, 1991. If the Administrator determines that the area
attained the standard, the Administrator shall require, as part of
the order, the State to submit a maintenance plan for the area
within 12 months of such determination. If the Administrator determines that the area failed to attain the standard, the Administrator

42 USC 7511e.

104 STAT. 2452

PUBLIC LAW 101-549—NOV. 15, 1990

shall, by June 30, 1992, designate the area as nonattainment under
section 107(d)(4).
42 u s e 7511f.

Reports.
Public
information.

"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 achievement 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 information required for air quality models. The study shall be completed
and a proposed report made public for 30 days comment within 1
year of the date of the enactment of the Clean Air Act Amendments
of 1990, and a final report shall be submitted to Congress within 15
months after such date of enactment. The Administrator shall
utilize all available information and studies, as well as develop
additional information, in conducting the study required by this
section.".
SEC. 104. ADDITIONAL PROVISIONS FOR CARBON MONOXIDE NONATTAINMENT AREAS.

Part D of title I of the Clean Air Act is amended by adding the
following new subpart at the end:

"Subpart 3—Additional Provisions for Carbon
Monoxide Nonattainment Areas
"Sec. 186. Classifications and attainment dates.
"Sec. 187. Plan submissions and requirements.
42 u s e 7512.

"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
Moderate
Serious

Design value

Primary standard
attainment date

9.1-16.4 ppm
December 31, 1995
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 judicial review) shall apply with respect to such classification.
"(3) If an area classified under paragraph (1), table 1, would have
been classified in another category if the design value in the area
were 5 percent greater or 5 percent less than the level on which
such classification was based, the Administrator may, in the
Administrator's discretion, within 90 days after the date of the
enactment of the Clean Air Act Amendments of 1990 by the procedure required under paragraph (2), adjust the classification of the
area. In making such adjustment, the Administrator may consider
the number of exceedances of the national primary ambient air
quality standard for carbon monoxide in the area, the level of
pollution transport between the area and the other affected areas,
and the mix of sources and air pollutants in the area. The Administrator may make the same adjustment for purposes of paragraphs
(2), (3), (6), and (7) of section 187(a).
"(4) Upon application by any State, the Administrator may extend
for 1 additional year (hereinafter in this subpart referred to as the
'Extension Year) the date specified in table 1 of subsection (a) if—
"(A) the State has complied with all requirements and
commitments pertaining to the area in the applicable implementation plan, and
"(B) no more than one exceedance of the national ambient air
quality standard level for carbon monoxide has occurred in the
area in the year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this
paragraph for a single nonattainment area.
"(b) N E W DESIGNATIONS AND RECLASSIFICATIONS.—
"(1) N E W 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 nonattainment area, the Administrator shall determine, based on the
area's design value as of the attainment date, whether the
area has attained the standard by that date. Any Moderate
Area that the Administrator finds has not attained the
standard by that date shall be reclassified by operation of
law in accordance with table 1 of subsection (a)(1) as a
Serious Area.
"(B) PUBLICATION OF NOTICE.—The Administrator shall 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^"
42 use 7512a.

"(a) MODERATE AREAS.—Each State in which all or part of a
Moderate Area is located shall, with respect to the Moderate Area
(or portion thereof, to the extent specified in guidance of the
Administrator issued before the date of the enactment of the Clean
Air Act Amendments of 1990), submit to the Administrator the
State implementation plan revisions (including the plan items) described under this subsection, within such periods as are prescribed
under this subsection, except to the extent the State has made such
submissions as of such date of enactment:
"(1) INVENTORY.—No later than 2 years from the date of the
enactment of the Clean Air Act Amendments of 1990, the State
shall submit a comprehensive, accurate, current inventory of
actual emissions from all sources, as described in section
172(cX3), in accordance with guidance provided by the Administrator.
"(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 vehicle miles traveled in the nonattainment area concerned for
each year before the year in which the plan projects the national ambient air quality standard for carbon monoxide to be
attained in the area. The forecast shall be based on guidance
which shall be published by the Administrator, in consultation
with the Secretary of Transportation, within 6 months after the
date of the enactment of the Clean Air Act Amendments of
1990. The plan revision shall provide for annual updates of the
forecasts to be submitted to the Administrator together with
annual reports regarding the extent to which such forecasts
proved to be accurate. Such annual reports shall contain estimates of actual vehicle miles traveled in each year for which a
forecast was required.
"(B) SPECIAL RULE FOR DENVER.—Within 2 years after the date
of the enactment of the Clean Air Act Amendments of 1990, in
the case of Denver, the State shall submit a revision that
includes the transportation control measures as required in
section 182(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 reduction in emissions, or reasons why such reduction is not
necessary to attain the national primary ambient air quality standard for carbon monoxide.
"(3) CONTINGENCY PROVISIONS.—No later than 2 years after
the date of the enactment of the Clean Air Act Amendments of

Reports.

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 implementation of specific measures to be undertaken if any
estimate of vehicle miles traveled in the area which is submitted in an annual report under paragraph (2) exceeds the
number predicted in the most recent prior forecast or if the area
fails to attain the national primary ambient air quality standard for carbon monoxide by the primary standard attainment
date. Such measures shall be included in the plan revision as
contingency measures to take effect without further action by
the State or the Administrator if the prior forecast has been
exceeded by an updated forecast or if the national standard is
not attained by such deadline.
"(4) SAVINGS CLAUSE FOR VEHICLE INSPECTION AND MAINTE-

NANCE PROVISIONS OF THE STATE IMPLEMENTATION PLAN.—Immediately 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 described 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 required in section 182(cX3) (concerning serious ozone nonattainment areas), except that such program shall be for the purpose
of reducing carbon monoxide rather than hydrocarbon
emissions.
"(7) ATTAINMENT DEMONSTRATION AND SPECIFIC ANNUAL EMISSION REDUCTIONS.—In the case of Moderate Areas with a design

value greater than 12.7 ppm at the time of classification, no
later than 2 years after the date of the enactment of the Clean
Air Act Amendments of 1990, a revision to provide, and a
demonstration that the plan as revised will provide, for attainment of the carbon monoxide NAAQS by the applicable attainment date and provisions for such specific annual emission
reductions as are necessary to attain the standard by that date.
The Administrator may, in the Administrator's discretion, require
States to submit a schedule for submitting any of the revisions or
other items required under this subsection. In the case of Moderate
Areas with a design value of 12.7 ppm or lower at the time of
classification, the requirements of this subsection shall apply in lieu
of any requirement that the State submit a demonstration that the
applicable implementation plan provides for attainment of the
carbon monoxide standard by the applicable attainment date.
"(b) SERIOUS AREAS.—

"(1) IN GENERAL.—Each State in which all or part of a Serious
Area is located shall, with respect to the Serious Area, make the
submissions (other than those required under 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 classification, and shall also submit the revision and other items described under this subsection.
"(2) VEHICLE MILES TRAVELED.—Within 2 years after the date
of the enactment of the Clean Air Act Amendments of 1990 the
State shall submit a revision that includes the transportation
control measures as required in section 182(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 Metropolitan Statistical Area (as defined by the United States Office
of Management and Budget) in which the area is located,
be blended, during the portion of the year in which the area is
prone to high ambient concentrations of carbon monoxide (as
determined by the Administrator), with fuels containing such
level of oxygen as is necessary, in combination with other
measures, to provide for attainment of the carbon monoxide
nationsd ambient air quality standard by the applicable attaiinment 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 enforcement of the requirement consistent with guidance to be issued
by the Administrator.
"(B) Notwithstanding subparagraph (A), the revision described in this paragraph shall not be required for an area if the
State demonstrates to the satisfaction of the Administrator that
the revision is not necessary to provide for attainment of the
carbon monoxide national ambient air quality standard by the
applicable attainment date and maintenance of the national
ambient air quality st£indard thereafter in the area.
"(c) AREAS WITH SIGNIFICANT STATIONARY SOURCE EMISSIONS OF

CO"(1) SERIOUS AREAS.—In the case of Serious Areas in which
stationary sources contribute significantly to carbon monoxide
levels (as determined under rules issued by the Administrator),
the State shall submit a plan revision within 2 years after the
date of the enactment of the Clean Air Act Amendments of
1990, which provides that the term 'major stationary source'

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 December 31, 1995. Such reductions shall be referred to in this subsection as the milestone.
"(2) ADEQUACY OF DEMONSTRATION.—A demonstration under
this paragraph shall be submitted in such form and manner,
and shall contain such information and analysis, as the
Administrator shall require. The Administrator shall determine
whether or not a State's demonstration is adequate within 90
days after the Administrator's receipt of a demonstration which
contains the information and analysis required by the Administrator.
"(3) FAILURE TO MEET EMISSION REDUCTION MILESTONE.—If a

State fails to submit a demonstration under paragraph (1)
within the required period, or if the Administrator notifies the
State that the State has not met the milestone, the State shall,
within 9 months after such a failure or notification, submit a
plan revision to implement an economic incentive and transportation control program as described in section 182(g)(4). Such
revision shall be sufficient to achieve the specific annual reductions in carbon monoxide emissions set forth in the plan by the
attainment date.
'(e) MULTI-STATE CO NONATTAINMENT AREAS.—
"(1) COORDINATION AMONG STATES.—Each State

in which there
is located a portion of a single nonattainment area for carbon
monoxide which covers more than one State ('multi-State nonattainment area') shall take all reasonable steps to coordinate,
substantively and procedurally, the revisions and implementation of State implementation plans applicable to the nonattainment area concerned. The Administrator may not approve any
revision of a State implementation plan submitted under this
part for a State in which part of a multi-State nonattainment
area is located if the plan revision for that State fails to comply
with the requirements of this subsection.
"(2) FAILURE TO DEMONSTRATE ATTAINMENT.—If any State in
which there is located a portion of a multi-State nonattainment
area fails to provide a demonstration of attainment of the
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 submissions for carbon monoxide nonattainment areas). If the
Administrator makes such finding, in the portion of the nonattainment area within the State submitting such petition, no
sanction shall be imposed under section 179 or under any other
provision of this Act, by reason of the failure to make such
demonstration.
"(f) RECLASSIFIED AREAS.—Each State containing a carbon monoxide nonattainment area reclassified under section 186(b)(2) shall
meet the requirements of subsection (b) of this section, as may be
applicable to the area as reclassified, according to the schedules
prescribed in connection with such 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 monoxide in the area by at least 5 percent per year in each year after
approval of the plan revision and before attainment of the national
primary ambient air quality standard for carbon monoxide.".
SEC. 105. ADDITIONAL PROVISIONS FOR PARTICULATE MATTER (PM-10)
NONATTAINMENT AREAS.

(a) PM-10 NONATTAINMENT AREAS.—Part D of title I of the Clean
Air Act is amended by adding the following new subpart after
subpart 3:

''Subpart 4—Additional Provisions for Particulate
Matter Nonattainment Areas
"Sec. 188. Classifications and attainment dates.
"Sec. 189. Plan provisions and schedules for plan submissions.
"Sec. 190. Issuance of guidance.
42 u s e 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 judicial review) shall apply with respect to such classification.
"(b) RECLASSIFICATION AS SERIOUS.—

PUBLIC LAW 101-549—NOV. 15, 1990
"(1)

RECLASSIFICATION

BEFORE

ATTAINMENT

104 STAT. 2459
DATE.—The

Administrator may reclassify as a Serious PM-10 nonattainment area (identified in this subpart also as a 'Serious Area')
any area that the Administrator determines cannot practicably
attain the national ambient air quality standard for PM-10 by
the attainment date (as prescribed in subsection (c)) for Moderate Areas. The Administrator shall reclassify appropriate
areas as Serious by the following dates:
"(A) For areas designated nonattainment for PM-10
under section 107(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 attainment after the applicable attainment date—
"(A) the area shall be reclassified by operation of law as a
Serious Area; and
"(B) the Administrator shall publish a notice in the Fed- Federal
eral Register no later than 6 months following the attain- |^
,^^f*®f-^
ment date, identifjdng the area as having failed to attain publication.
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 nonattainment for PM-10 under section 107(d)(4), the attainment date
shall not extend beyond December 31,1994.
"(2) SERIOUS AREAS.—For a Serious Area, the attainment date
shall be as expeditiously as practicable but no later than the
end of the tenth calendar year beginning after the area's designation as nonattainment, except that, for areas designated
nonattainment for PM-10 under section 107(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 implementation plan; and
"(2) no more than one exceedance of the 24-hour national
ambient air quality standard level for PM-10 has occurred in
the area in the year preceding the Extension Year, and the
annual mean concentration of PM-10 in the area for such year
is less than or equal to the standard level.

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 attainment date for a Serious Area beyond the date specified under
subsection (c), if attainment by the date established under subsection (c) would be impracticable, the State has complied with all
requirements and commitments pertaining to that area in the implementation plan, and the State demonstrates to the satisfaction of
the Administrator that the plan for that area includes the most
stringent 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 extension, the Administrator may consider the nature and extent of
nonattainment, the types and numbers of sources or other emitting
activities in the area (including the influence of uncontrollable
natural sources and transboundary emissions from foreign countries), the population exposed to concentrations in excess of the
standard, the presence and concentration of potentially toxic substances in the mix of particulate emissions in the area, and the
technological and economic feasibility of various control measures.
The Administrator may not approve an extension until the State
submits an attainment demonstration for the area. The Administrator may grant at most one such extension for an area, of no more
than 5 years.
"(f) WAIVERS FOR CERTAIN AREAS.—The Administrator may, on a
case-by-case basis, waive any requirement applicable to any Serious
Area under this subpart where the Administrator determines that
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 standard in the area.
42 u s e 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 applicable schedule under paragraph (2), an implementation plan
that includes each of the following:
"(A) For the purpose of meeting the requirements of
section 172(c)(5), a permit program providing that permits
meeting the requirements of section 173 are required for
the construction and operation of new and modified major
stationary sources of PM-10.
"(B) Either (i) a demonstration (including air quality
modeling) that the plan will provide for attainment by the
applicable attainment date; or (ii) a demonstration that
attainment by such date is impracticable.
"(C) Provisions to assure that reasonably available control measures for the control of PM-10 shall be implemented no later than December 10, 1993, or 4 years after

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 designations prescribed under section 107(dX4).
"(b) SERIOUS AREAS.—

"(1) PLAN PROVISIONS.—In addition to the provisions submitted to meet the requirements of paragraph (a)(1) (relating to
Moderate Areas), each State in which all or part of a Serious
Area is located shall submit an implementation plan for such
area that includes each of the following:
"(A) A demonstration (including air quality modeling)—
"(i) that the plan provides for attainment of the
PM-10 national ambient air quality standard by the
applicable attainment date, or
"(ii) for any area for which the State is seeking,
pursuant to section 188(e), an extension of the attainment date beyond the date set forth in section 188(c),
that attainment by that date would be impracticable,
and that the plan provides for attainment by the most
expeditious alternative date practicable.
"(B) Provisions to assure that the best available control
measures for the control of PM-10 shall be implemented no
later than 4 years after the date the area is classified (or
reclassified) as a Serious Area.
"(2) SCHEDULE FOR PLAN SUBMISSIONS.—A State shall submit
the demonstration required for an area under paragraph (IXA)
no later than 4 years after reclassification of the area to Serious, 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 contiguous area and under common control that emits, or has the
potential to emit, at least 70 tons per year of PM-10.
"(c) MILESTONES.—(1) Plan revisions demonstrating attainment
submitted to the Administrator for approval under this subpart
shall contain quantitative milestones which are to be achieved every
3 years until the area is redesignated attainment and which demonstrate reasonable further progress, as defined in section 171(1),
toward attainment by the applicable date.
"(2) Not later than 90 days after the date on which a milestone
applicable to the area occurs, each State in which all or part of such
area is located shall submit to the Administrator a demonstration
that all measures in the plan approved under this section have been

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 Administrator shall require. The Administrator shall determine whether or
not a State's demonstration under this subsection is adequate within
90 days after the Administrator's receipt of a demonstration which
contains the information and analysis required by the Administrator.
"(3) If a State fails to submit a demonstration under paragraph (2)
with respect to a milestone within the required period or if the
Administrator determines that the area has not met any applicable
milestone, the Administrator shall require the State, within 9
months after such failure or determination to submit a plan revision
that assures that the State will achieve the next milestone (or attain
the national ambient air quality standard for PM-10, if there is no
next milestone) by the applicable date.
"(d) FAILURE TO ATTAIN.—In the case of a Serious PM-10 nonattainment area in which the PM-10 standard is not attained by the
applicable attainment date, the State in which such area is located
shall, after notice and opportunity for public comment, submit
within 12 months after the applicable attainment date, plan revisions which provide for attainment of the PM-10 air quality standard and, from the date of such submission until attainment, for an
annual reduction in PM-10 or PM-10 precursor emissions within
the area of not less than 5 percent of the amount of such emissions
as reported in the most recent inventory prepared for such area.
"(e) PM-10 PRECURSORS.—The control requirements applicable
under plans in effect under this part for major stationary sources of
PM-10 shall also apply to major stationary sources of PM-10 precursors, except where the Administrator determines that such sources
do not contribute significantly to PM-10 levels which exceed the
standard in the area. The Administrator shall issue guidelines
regarding the application of the preceding sentence.
42 u s e 7513b.

"SEC. 190. ISSUANCE OF RACM AND BACM GUIDANCE.

"The Administrator shall issue, in the same manner and according 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 emissions from residential wood combustion (including curtailments and
exemptions from such curtailments) and prescribed silvicultural and
agricultural burning, no later than 18 months following the date of
the enactment of the Clean Air Act Amendments of 1990. The
Administrator shall also examine other categories of sources
contributing to nonattainment of the PM-10 standard, and determine whether additional guidance on reasonably available control
measures and best available control measures is needed, and issue
any such 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 account emission reductions achieved, or expected to be achieved,
under title IV and other provisions of this Act.".
(b) PM-10 INCREMENTS IN PSD AREAS.—Section 166 of the Clean
Air Act (42 U.S.C. 7476) is amended by adding the following new
subsection at the end:

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2463

"(f) PM-10 INCREMENTS.—The Administrator is authorized to substitute, for the maximum allowable increases in particulate matter
specified in section 163(b) and section 165(d)(2)(C)(iv), maximum
allowable increases in particulate matter with an aerodynamic
diameter smaller than or equal to 10 micrometers. Such substituted
maximum allowable increases shall be of equal stringency in effect
as those specified in the provisions for which they are substituted.
Until the Administrator promulgates regulations under the authority of this subsection, the current msiximum allowable increases in
concentrations of particulate matter shall remain in effect.".
SEC. 106. ADDITIONAL PROVISIONS FOR AREAS DESIGNATED NONATTAINMENT FOR SULFUR OXIDES, NITROGEN DIOXIDE, AND
LEAD.

Part D of title I of the Clean Air Act is amended by adding a new
subpart after subpart 4 as follows:

"Subpart 5—Additional Provisions for Areas Designated Nonattainment for Sulfur Oxides, Nitrogen Dioxide, or Lead
"Sec. 191. Plan submission deadlines.
"Sec. 192. Attainment dates.
"SEC. 191. PLAN SUBMISSION DEADLINES.

Inter-

"(a) SUBMISSION.—Any State containing an area designated or governmental
redesignated under section 107(d) as nonattainment with respect to relations.
the national primary ambient air quality standards for sulfur 42 u s e 7514.
oxides, nitrogen dioxide, or lead subsequent to the date of the
enactment of the Clean Air Act Amendments of 1990 shall submit to
the Administrator, within 18 months of the designation, an applicable implementation plan meeting the requirements of this part.
"(b) STATES LACKING FULLY APPROVED STATE IMPLEMENTATION

PLANS.—Any State containing an area designated nonattainment
with respect to national primary ambient air quality standards for
sulfur oxides or nitrogen dioxide under section 107(d)(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 required under section 191(a) shall provide for attainment of the
relevant primary standard as expeditiously as practicable but no
later than 5 years from the date of the nonattainment designation.
"(b) PLANS UNDER SECTION 191(b).—Implementation plans required under section 191(b) shall provide for attainment of the
relevant primary national ambient air quality stamdard within 5
years after the date of the enactment of the Clean Air Act Amendments of 1990.
"(c) INADEQUATE PLANS.—Implementation plans for nonattainment areas for sulfur oxides or nitrogen dioxide with plans that
were approved by the Administrator before the date of the enact-

42 u s e 7514a.

104 STAT. 2464

PUBLIC LAW 101-549—NOV. 15, 1990

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

Inventions and
patents.
Rights-of-way.

Regulations.

302(b) of the Clean Air Act (42 U.S.C. 7602(b)) is amended by—
(1) deleting "or" at the end of paragraph (3);
(2) striking the semicolons at the end of paragraphs (1), (2),
and (3) and inserting periods at the end of each such paragraph;
and
(3) adding the following new paragraph after paragraph (4):
"(5) An agency of an Indian tribe.".
(b) DEFINITION OF INDIAN TRIBE.—Section 302 of the Clean Air Act
(42 U.S.C. 7602) is amended by adding new subsection (r) to read as
follows:
"(r) INDIAN TRIBE.—The term 'Indian tribe' means any Indian
tribe, band, nation, or other organized group or community, including any Alaska Native village, which is Federally recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.".
(c) SIPS.—Section 110 of the Clean Air Act (42 U.S.C. 7410) is
amended by adding the following new subsection after subsection
(n):
"(o) INDIAN TRIBES.—If an Indian tribe submits an implementation plan to the Administrator pursuant to section 301(d), the plan
shall be reviewed in accordance with the provisions for review set
forth in this section for State plans, except as otherwise provided by
regulation promulgated pursuant to section 301(dX2). When such
plan becomes effective in accordance with the regulations promulgated under section 301(d), the plan shall become applicable to all
areas (except as expressly provided otherwise in the plan) located
within the exterior boundaries of the reservation, notwithstanding
the issuance of any patent and including rights-of-way running
through the reservation.".
(d) TRIBAL AUTHORITY.—Section 301 of the Clean Air Act (42
U.S.C. 7601) is amended by adding at the end thereof the following
new subsection:
"(d) TRIBAL AUTHORITY.—(1) Subject to the provisions of paragraph (2), the Administrator—
"(A) is authorized to treat Indian tribes as States under this
Act, except for purposes of the requirement that makes available for application by each State no less than one-half of 1
percent of annual appropriations under section 105; and
"(B) may provide any such Indian tribe grant and contract
assistance to carry out functions provided by this Act.
"(2) The Administrator shall promulgate regulations within 18
months after the date of the enactment of the Clean Air Act
Amendments of 1990, specifying those provisions of this Act for
which it is appropriate to treat Indian tribes as States. Such treatment shall be authorized only if—
"(A) the Indian tribe has a governing body carrying out
substantial governmental duties and powers;
"(B) the functions to be exercised by the Indian tribe pertain
to the management and protection of air resources within the

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 functions to be exercised in a manner consistent with the terms and
purposes of this Act and all applicable regulations.
"(3) The Administrator may promulgate regulations which establish the elements of tribal implementation plans and procedures for
approval or disapproval of tribal implementation plans and portions
thereof.
"(4) In any case in which the Administrator determines that the
treatment of Indian tribes as identical to States is inappropriate or
administratively infeasible, the Administrator may provide, by regulation, other means by which the Administrator will directly administer such provisions so as to achieve the appropriate purpose.
"(5) Until such time as the Administrator promulgates regulations
pursuant to this subsection, the Administrator may continue to
provide financial assistance to eligible Indian tribes under section
105.".
SEC. 108. MISCELLANEOUS GUIDANCE.

(a) TRANSPORTATION PLANNING GUIDANCE.—Section 108(e) of the
Clean Air Act is amended by deleting the first sentence and insert- 42 use 7408.
ing in lieu thereof the following: "The Administrator shall, after
consultation with the Secretary of Transportation, and after providing public notice and opportunity for comment, and with State and
local officials, within nine months after enactment of the Clean Air
Act Amendments of 1989 and periodically thereafter as necessary to
maintain a continuous transportation-air quality planning process,
update the June 1978 Transportation-Air Quality Planning Guidelines and publish guidance on the development and implementation
of transportation and other measures necessary to demonstrate and
maintain attainment of national £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 construction of such roads or lanes for use by, passenger buses or
high occupancy vehicles;
"(iii) employer-based transportation management plans,
including incentives;
"(iv) trip-reduction ordinances;
"(v) traffic flow improvement programs that achieve
emission reductions;

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 downtown areas or other areas of emission concentration
particularly during periods of peak use;
"(viii) programs for the provision of all forms of highoccupancy, shared-ride services;
"(ix) programs to limit portions of road surfaces or certain sections of the metropolitan area to the use of nonmotorized vehicles or pedestrian use, both as to time and
place;
"(x) programs for secure bicycle storage facilities and
other facilities, including bicycle lanes, for the convenience
and protection of bicyclists, in both public and private
areas;
"(xi) programs to control extended idling of vehicles;
"(xii) programs to reduce motor vehicle emissions,
consistent with title II, which are caused by extreme cold
start conditions;
"(xiii) employer-sponsored programs to permit flexible
work schedules;
"(xiv) programs and ordinances to facilitate non-automobile travel, provision and utilization of mass transit, and
to generally reduce the need for single-occupant vehicle
travel, as part of transportation planning and development
efforts of a locality, including programs and ordinances
applicable to new shopping centers, special events, and
other centers of vehicle activity;
"(xv) programs for new construction and major reconstructions of paths, tracks or areas solely for the use by
pedestrian or other non-motorized means of transportation
when economically feasible and in the public interest. For
purposes of this clause, the Administrator shall also consult
with the Secretary of the Interior; and
"(xvi) program to encourage the voluntary removal from
use and the marketplace of pre-1980 model year light duty
vehicles and pre-1980 model light duty trucks.".
(c) RACT/BACT/LAER

CLEARINGHOUSE.—Section

108 of

the

Clean Air Act (42 U.S.C. 7408) is amended by adding the following at
the end thereof:
"(h) RACT/BACT/LAER

CLEARINGHOUSE.—The

Administrator

shall make information regarding emission control technology available to the States and to the general public through a central
database. Such information shall include all control technology
information received pursuant to State plan provisions requiring
permits for sources, including operating permits for existing
sources.".
(d) STATE REPORTS ON EMISSIONS-RELATED DATA.—Section 110 of

the Clean Air Act (42 U.S.C. 7410) is amended by adding the
following new subsection after subsection (o):
"(p) REPORTS.—Any State shall submit, according to such schedule
as the Administrator may prescribe, such reports as the Administrator may require relating to emission reductions, vehicle miles
traveled, congestion levels, £uid any other information the Administrator 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) N E W 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 emission limitations and percent reductions beyond those required
by the standards promulgated under this section are achieved in
practice, the Administrator shall, when revising standards
promulgated under this section, consider the emission limitations and percent reductions achieved in practice.".
(2) Section 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 performance for at least 25 percent of such categories of sources within
2 years after the date of the enactment of the Clean Air Act
Amendments of 1990;
"(B) propose regulations establishing standards of performance for at least 50 percent of such categories of sources within
4 years after the date of the enactment of the Clean Air Act
Amendments of 1990; and
"(C) propose regulations for the remaining categories of
sources within 6 years after the date of the enactment of the
Clean Air Act Amendments of 1990.".
(f) SAVINGS CLAUSE.—Section 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 micrometers, as measured by such method as the Administrator may
determine.
"(u) NAAQS AND CTG.—The term 'NAAQS' means national ambient air quality standard. The term 'CTG' means a Control Technique Guideline published by the Administrator under section 108.
"(v) NOx-—The term '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 regulation, generally lack technical ability or knowledge regarding control
of air pollution.
"(y) FEDERAL IMPLEMENTATION PLAN.—The term 'Federal implementation plan' means a plan (or portion thereof) promulgated
by the Administrator to fill all or a portion of a gap or otherwise
correct all or a portion of an inadequacy in a State implementation
plan, and which includes enforceable emission limitations or other
control measures, means or techniques (including economic incentives, such as marketable permits or auctions of emissions allowances), and provides for attainment of the relevant national ambient
air quality standard.".
(2) Section 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is
amended by adding the following at the end: "Such term includes
any precursors to the formation of any air pollutant, to the extent
the Administrator has identified such precursor or precursors for
the particular purpose for which the term 'air pollutant' is used.".
(k) POLLUTION PREVENTION.—Section 101 of the Clean Air Act (42
U.S.C. 7401) is amended as follows:
(1) Amend subsection (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 u s e 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 Amendments of 1990 shall remain in effect according to its terms, except to
the extent otherwise provided under this Act, inconsistent with any
provision of this Act, or revised by the Administrator. No control
requirement in effect, or required to be adopted by an order, settlement agreement, or plan in effect before the date of the enactment
of the Clean Air Act Amendments of 1990 in any area which is a
nonattainment area for any air pollutant may be modified after
such enactment in any manner unless the modification insures
equivalent or greater emission reductions of such air pollutant.".
(m) BOUNDARY CHANGES.—Section 162(a) of the Clean Air Act (42
U.S.C. 7472(a)) is amended by adding at the end thereof the following: "The extent of the areas designated as Class I under this section
shall conform to any changes in the boundaries of such areas which
have occurred subsequent to the date of the enactment of the Clean
Air Act Amendments of 1977, or which may occur subsequent to the
date of the enactment of the Clean Air Act Amendments of 1990.".
(n) BOUNDARIES.—Section 164(a) of the Clean Air Act (42 U.S.C.
7474(a)) is amended by inserting immediately before the sentence
beginning "Any area (other than an area referred to in paragraph
(1) or (2))" the following: "The extent of the areas referred to in
paragraph (1) and (2) shall conform to any changes in the boundaries
of such areas which have occurred subsequent to the date of the
enactment of the Clean Air Act Amendments of 1977, or which may
occur subsequent to the date of the enactment of the Clean Air Act
Amendments of 1990.".
(o) ASSESSMENTS.—Section 108 of the Clean Air Act (42 U.S.C.
7408) is amended by adding at the end thereof a new subsection (g)
to read as follows:
"(g) ASSESSMENT OF RISKS TO ECOSYSTEMS.—The Administrator

may assess the risks to ecosystems from exposure to criteria air
pollutants (as identified by the Administrator in the Administrator's
sole discretion).".
(p) 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 jAdministrator in promulgating any regulation under this Act,
including a regulation subject to a deadline, shall ensure a reasonable period for public participation of at least 30 days, except as
otherwise expressly provided in section 107(d), 172(a), 181(a) and (b),
and 186(a) and (b).'\
(q) ETHICS, FINANCIAL DISCLOSURE, AND CONFLICTS OF INTEREST.— 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

(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.

Regulations.
Regulations.

42 u s e 7408.

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 performance under section 111, or emission standard or limitation
under section 112(d), any standard under section 112(f), or any
regulation under section 112(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), redesignate subparagraph (N) as subparagraph (U), and add the
following new subparagraphs after subparagraph (M):
"(N) the promulgation or revision of any regulation pertaining to consumer and commercial products under section 183(e),
"(O) the promulgation or revision of any regulation pertaining to field citations under section 113(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 pertaining to nonroad engines or nonroad vehicles under section 213,
"(R) the promulgation or revision of any regulation relating to
motor vehicle compliance program fees under section 217,
"(S) the promulgation or revision of any regulation under title
IV (relating to acid deposition),
"(T) the promulgation or revision of any regulation under
section 183(f) pertaining to marine vessels, and".
SEC. 111. TRANSPORTATION SYSTEM IMPACTS ON CLEAN AIR
Section 108(f) of the Clean Air Act is amended by adding at the
end thereof the following new paragraphs:
-

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 qualityrelated transportation programs, including specifically any
analyses of whether adequate funding is available to complete
transportation projects identified in State implementation plans
in the time required by applicable State implementation plans
and any Federal efforts to promote those programs;
"(B) evaluates the extent to which the Department of
Transportation's existing air quality-related transportation programs and such Department's proposed budget will achieve the
goals of and compliance with this Act; and
"(C) recommends what, if any, changes to such existing programs and proposed budget as well as any statutory authority
relating to air quality-related transportation programs that
would improve the achievement of the goals of and compliance
with the Clean Air Act.
"(4) In each report to Congress after the first report required
under paragraph (3), the Secretary of Transportation shall include a
description of the actions taken to implement the changes recommended in the preceding report.

TITLE II—PROVISIONS RELATING TO
MOBILE SOURCES
TABLE OF CONTENTS
TITLE II—PROVISIONS RELATING TO MOBILE SOURCES
PART A—AMENDMENTS TO TITLE II OF CLEAN AIR ACT

Sec. 201. Heavy-duty trucks.
Sec. 202. Control of vehicle refueling emissions.
Sec. 203. Emission standards for conventional motor vehicles.
Sec. 204. Carbon monoxide emissions at cold temperatures.
Sec. 205. Evaporative emissions.
Sec. 206. Mobile source-related air toxics.
Sec. 207. Emission control diagnostics systems.
Sec. 208. Motor vehicle testing and certification.
Sec. 209. Auto warranties.
Sec. 210. In-use compliance—recall.
Sec. 211. Information collection.
Sec. 212. Nonroad fuels.
Sec. 213. State fuel regulation.
Sec. 214. Fuel waivers.
Sec. 215. Misfueling.
Sec. 216. Fuel volatility.
Sec. 217. Diesel fuel sulfur content.
Sec. 218. Lead substitute gasoline additives.
Sec. 219. Reformulated gasoline and oxygenated gasoline.
Sec. 220. Lead phasedown.
Sec. 221. Fuel and fuel additive importers.
Sec. 222. Nonroad engines and vehicles.
Sec. 223. New title II definitions.
Sec. 224. High altitude testing.
Sec. 225. Compliance 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.
Sec.
Sec.
Sec.
Sec.

231. Ethanol substitute for diesel.
232. Adoption by other States of California standards.
233. States authority to regulate.
234. Fugitive dust.
235. Federed compliance.

PART A—AMENDMENTS TO TITLE II OF CLEAN
AIR ACT
SEC. 201. HEAVY-DUTY TRUCKS.

Regulations.

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:
"(A) IN GENERAL.—(i) Unless the standard is changed as
provided in subparagraph (B), regulations under paragraph (1)
of this subsection applicable to emissions of hydrocarbons,
carbon monoxide, oxides of nitrogen, and particulate matter
from classes or categories of heavy-duty vehicles or engines
manufactured during or after model year 1983 shall contain
standards which reflect the greatest degree of emission reduction achievable through the application of technology which the
Administrator determines will be available for the model year
to which such standards apply, giving appropriate consideration
to cost, energy, and safety factors £issociated with the application of such technology.
"(ii) In establishing classes or categories of vehicles or engines
for purposes of regulations under this paragraph, the Administrator may base such classes or categories on gross vehicle
weight, horsepower, type of fuel used, or other appropriate
factors.
"(B) REVISED STANDARDS FOR HEAVY DUTY TRUCKS.—(i) On the

basis of information available to the Administrator concerning
the effects of air pollutants emitted from heavy-duty vehicles or
engines and from other sources of mobile source related pollutants on the public health and welfare, and taking costs into
account, the Administrator may promulgate regulations under
paragraph (1) of this subsection revising any standard promulgated under, or before the date of, the enactment of the Clean
Air Act Amendments of 1990 (or previously revised under this
subparagraph) and applicable to classes or categories of heavyduty 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 dieselfueled heavy duty trucks shall contain standards which provide
that such emissions may not exceed 4.0 grams per brake horsepower hour (gbh).
"(C) LEAD TIME AND STABIUTY.—Any standard promulgated or

revised under this paragraph and applicable to classes or categories of heavy-duty vehicles or engines shall apply for a
period of no less than 3 model years beginning no earlier than
the model year commencing 4 years after such revised standard
is promulgated.
"(D) REBUILDING PRACTICES.—The Administrator shall study
the practice of rebuilding heavy-duty engines and the impact

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 paragraph".
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, promulgate standards under this section requiring that new light-duty
vehicles manufactured beginning in the fourth model year after
the model year in which the standards are promulgated and
thereafter shall be equipped with such systems. The standards
required under this paragraph shall apply to a percentage of
each manufacturer's fleet of new light-duty vehicles beginning
with the fourth model year after the model year in which the
standards are promulgated. The percentage shall be as specified
in the following table:
"IMPLEMENTATION SCHEDULE FOR ONBOARD VAPOR RECOVERY
REQUIREMENTS
Model year commencing after standards promulgated

Percentage *

Fourth
Fifth
After Fifth

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 minimum 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 moderate for ozone shall not apply after promulgation of such
standards and the Administrator may, by rule, revise or waive
the application of the requirements of such section 182(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 lightduty trucks (LDTs) of up to 6,000 lbs. gross vehicle weight rating
(GVWR) and light-duty vehicles (LDVs) shall contain standards
which provide that emissions from a percentage of each manufacturer's sales volume of such vehicles and trucks shall comply
with the levels specified in table G. The percentage shall be as
specified in the implementation schedule below:
TABLE G — E M I S S I O N STANDARDS FOR N M H C , CO, A N D NO^ FROM U G H T DUTY TRUCKS OF U P TO 6 , 0 0 0 LBS. GVWR A N D UGHT-DUTY VEHICLES

Column A
Vehicle tjrpe

Column B

(5 yrs/50,000 imi)
NMHC

LDTs (0-3,750 lbs. LVW) and
light-duty vehicles
LDTs (3,751-5,750 lbs. LVW)

0.25
0.32

CO

3.4
4.4

NO,

0.4*
0.7"

(10 yrs/100,000 mi)
NMHC

0.31
0.40

CO

NO,

4.2
5.5

0.6*
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

Model year

Percentage *

1994
1995
after 1995

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 L D T S OF UP TO

6,000

LBS. G V W R

Useful life period

Standard

5/50,000
10/100,000

0.08 gpm
0.10 gpm

The applicable useful life, for purposes of certification under section 206 and for purposes of
in-use compliance under section 207, shall be 5 years or 50,000 miles (or the equivalent), whichever first occurs, in the case of the 5/50,000 standard.
The applicable useful life, for purposes of certification under section 206 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

Mol^lye"

STANDARDS

" ^ i ^ ^ "

1994
1995
1996
after 1996

LPT,

40%*
80% *
100% *
100% *

40% *
80% *
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; STANDFOR 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 manufacturer's sales volume of such trucks shall comply with the levels
specified in table H. The specified percentage shall be 50 percent in
model year 1996 and 100 percent thereafter.
ARDS

TABLE H — E M I S S I O N STANDARDS FOR N M H C A N D CO FROM GASOLINE
A N D DIESEL FUELED LIGHT-DUTY TRUCKS OF MORE THAN 6 , 0 0 0 LBS.
GVWR

LDT Test weight

Column A

Column B

(5 yrs/50,000 mi)

(11 yrs/120,000 mi)

NMHC
3,751-5,750 lbs. TW

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

LDT Test weight

(5 yrs/50,000 mi)
NMHC

Over 5,750 lbs. TW

Column B

0.39

CO
5.0

NO,

(11 yrs/120,000 mi)
NMHC

1.1*

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 LIGHTDUTY TRUCKS.—(1) The Administrator, with the participation of the

Office of Technology Assessment, shall study whether or not further
reductions in emissions from light-duty vehicles and light-duty
trucks should be required pursuant to this title. The study shall
consider whether to establish with respect to model years commencing after January 1, 2003, the standards and useful life period for
gasoline and diesel-fueled light-duty vehicles and light-duty trucks
with a loaded vehicle weight (LVW) of 3,750 lbs. or less specified in
the following table:
"TABLE

3—PENDING

EMISSION

STANDARDS

FOR

GASOLINE

AND

DIESEL

FUELED UGHT-DUTY VEHICLES A N D LIGHT-DUTY TRUCKS 3 , 7 5 0 LBS.
LVW OR LESS

Pollutant
NMHC
NO,
CO

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 periods which are more stringent or less stringent than those set forth
in table 3 (but more stringent than those referred to in subsections
(g)and(h)).
"(2XA) As part of the study under paragraph (1), the Administrator shall examine the need for further reductions in emissions
in order to attain or maintain the national ambient air quality
standards, taking into consideration the waiver provisions of
section 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 meeting more stringent emission standards; and
"(ii) the need for, and cost effectiveness of, obtaining further
reductions in emissions from such light-duty vehicles and light-

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 paragraph (2XA)(i); and
"(iii) obtaining further reductions in emissions from such
vehicles will be needed and cost effective, taking into consideration alternatives as provided in paragraph (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 consideration 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 in emissions as
provided in paragraph (2XA);

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 paragraph (2XAXi); and
"(iii) obtaining further reductions in emissions from such
vehicles will be needed and cost effective, taking into consideration 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 stringent than those referred to in subsections (g) and (h). Any such
standards (or useful life periods) promulgated by the Administrator
shall take effect with respect to any such vehicles or engines no
earlier than the model year 2003 but not later than model year 2006,
as determined by the Administrator in the rule.
"(D) Nothing in this paragraph shall be construed by the Administrator or by a court as a presumption that any standards (or useful
life period) set forth in Table 3 shall be promulgated in the rulemaking required under this paragraph. The action required of the
Administrator in accordance with this paragraph shall be treated as
a nondiscretionary duty for purposes of section 304(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 engines in the classes specified in Table 3 in paragraph (1) above shall
contain standards which provide that emissions may not exceed the
pending emission levels specified in Table 3 in paragraph (1).".
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 specified in this title" after "provide that".
(2) Strike the semicolon at the end of paragraph (1) and insert
the following ", except that in the case of any requirement of
this section which first becomes applicable 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 subsection (aXD revising any standard prescribed or previously revised
under this subsection, as needed to protect public health or welfare.

104 STAT. 2479

PUBLIC LAW 101-549—NOV. 15, 1990

taking costs, energy, and safety into account. Any revised standard
shall require a reduction of emissions from the standard that was
previously applicable. Any such revision under this title may provide for a phase-in of the standard. It is the intent of Congress that
the numerical emission standards specified in subsections
(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 lightduty trucks when operated at 20 degrees Fahrenheit. The regulations shall contain standards which provide that emissions of
carbon monoxide from a manufacturer's vehicles when operated
at 20 degrees Fahrenheit may not exceed, in the case of lightduty vehicles, 10.0 grams per mile, and in the case of light-duty
trucks, a level comparable in stringency to the standard applicable to light-duty vehicles. The standards shall take effect 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 applicable standards after model year 1993. The percentage shall
be as specified in the following table:
"PHASE-IN SCHEDULE FOR COLD START STANDARDS
Model Year
1994
1995
1996 and after

Percentage
40
80
100

"(2) PHASE IL—(A) Not later than June 1, 1997, the Administrator shall complete a study assessing the need for further
reductions in emissions of carbon monoxide and the 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

Ohio.
Wisconsin.

PUBLIC LAW 101-549—NOV. 15, 1990
model year light-duty vehicles and light-duty trucks shall contain standards which provide that emissions of carbon monoxide
from such vehicles and trucks when operated at 20 degrees
Fahrenheit may not exceed 3.4 grams per mile (gpm) in the case
of light-duty vehicles and 4.4 grams per mile (gpm) in the case of
light-duty trucks up to 6,000 GVWR and a level comparable in
stringency in the case of light-duty trucks 6,000 GVWR and
above.
"(ii) In determining for purposes of this subparagraph
whether 6 or more nonattainment areas have a carbon monoxide design value of 9.5 ppm or greater, the Administrator
shall exclude the areas of Steubenville, Ohio, and Oshkosh,
Wisconsin.
"(3) USEFUL-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 compliance 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 Administrator 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 applicable to emissions of carbon monoxide from heavy-duty vehicles and engines when operated at cold temperatures.".
SEC. 205. EVAPORATIVE EMISSIONS.

Regulations.
Petroleum.

Section 202 of the Clean Air Act (42 U.S.C. 7521) is amended by
adding the following new subsection after subsection (j):
"(k) CONTROL OF EVAPORATIVE EMISSIONS.—The Administrator
shall promulgate (and from time to time revise) regulations applicable to evaporative emissions of hydrocarbons from all gasolinefueled motor vehicles—
"(1) during operation; and
"(2) over 2 or more days of nonuse;
under ozone-prone summertime conditions (as determined by regulations of the Administrator). The regulations shall take effect as
expeditiously as possible and shall require the greatest degree of
emission reduction achievable by means reasonably expected to be
available for production during any model year to which the regulations apply, giving appropriate consideration to fuel volatility, and
to cost, energy, and safety factors associated with the application of
the appropriate technology. The Administrator shall commence a
rulemaking under this subsection within 12 months after the date of
the enactment of the Clean Air Act Amendments of 1990. If final
regulations are not promulgated under this subsection within 18
months after the date of the enactment of the Clean Air Act
Amendments of 1990, the Administrator shall submit a statement to
the Congress containing an explanation of the reasons for the delay
and a date certain for promulgation of such final regulations in
accordance with this Act. Such date certain shall not be later than
15 months after the expiration of such 18 month deadline.".

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2481

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 feasibility 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
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 Administrator determines reflect the greatest degree of emission reduction achievable through the application of technology which
will be available, taking into consideration the standards established under subsection (a), the availability and costs of the
technology, and noise, energy, and safety factors, and lead time.
Such regulations shall not be inconsistent with standards under
section 202(a). The regulations shall, at a minimum, apply to
emissions of benzene and formaldehyde.".
SEC. 207. EMISSION CONTROL DIAGNOSTICS SYSTEMS AND BUSES.

(a) EMISSION CONTROL DIAGNOSTICS.—Section 202 of the Clean Air
Act (42 U.S.C. 7521) is amended by adding the following after
subsection (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 manufacturers to install on all new light duty vehicles and light duty
trucks diagnostics systems capable of—
"(A) accurately identifying for the vehicle's useful life as
established under this section, emission-related systems deterioration or malfunction, including, at a minimum, the
catalytic converter and oxygen sensor, which could cause or
result in failure of the vehicles to comply with emission
standards established under this section,
"(B) alerting the vehicle's owner or operator to the likely
need for emission-related components or systems maintenance or repair,
"(C) storing and retrieving fault codes specified by the
Administrator, and
"(D) providing access to stored information in a manner
specified by the Administrator.

Reports.
Public
information.

Regulations

'

104 STAT. 2482

Regulations.

Regulations.

42 use 7521.

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 paragraph (1) of this subsection shall take effect in model year 1994,
except that the Administrator may waive the application of
such regulations for model year 1994 or 1995 (or both) with
respect to any class or category of motor vehicles if the Administrator determines that it would be infeasible to apply the
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.
"(3) STATE INSPECTION.—The Administrator shall by regulation require States that have implementation plans containing
motor vehicle inspection and maintenance programs to amend
their plans within 2 years after promulgation of such regulations to provide for inspection of onboard diagnostics systems (as
prescribed by regulations under paragraph (1) of this subsection)
and for the maintenance or repair of malfunctions or system
deterioration identified by or affecting such diagnostics systems.
Such regulations shall not be inconsistent with the provisions
for warranties promulgated under section 207(a) and (b).
"(4) SPECIFIC REQUIREMENTS.—In promulgating regulations
under this subsection, the Administrator shall require—
"(A) that any connectors through which the emission
control diagnostics system is accessed for inspection, diagnosis, service, or repair shall be standard and uniform on
all motor vehicles and motor vehicle engines;
"(B) that access to the emission control diagnostics
system through such connectors shall be unrestricted and
shall not require any access code or any device which is
only available from a vehicle manufacturer; and
"(C) that the output of the data from the emission control
diagnostics system through such connectors shall be usable
without the need for any unique decoding information or
device.
"(5) INFORMATION AVAiLABiUTY.—The Administrator, by regulation, shall require (subject to the provisions of section 208(c)
regarding the protection of methods or processes entitled to
protection as trade secrets) manufacturers to provide promptly
to any person engaged in the repairing or servicing of motor
vehicles or motor vehicle engines, and the Administrator for use
by any such persons, with any and all information needed to
make use of the emission control diagnostics system prescribed
under this subsection and such other information including
instructions for making emission related diagnosis and repairs.
No such information may be withheld under section 208(c) if
that information is provided (directly or indirectly) by the
manufacturer to franchised dealers or other persons engaged in
the 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.'.
(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 contain a standard which provides that emissions of particulate matter
(PM) from such buses may not exceed the standards set forth in the
following table:
"PM STANDARD FOR BUSES
Standard * .

Model year

0.25
0.25
0.10

1991
1992
1993 and thereafter
* 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 Administrator concludes cannot pass the test procedures established under
this paragraph.
"(B) From time to time, the Administrator may revise the regulations promulgated under subparagraph (A), as the Administrator
deems appropriate.".
(b) PROJECTED SALES NOT EXCEEDING 300.—Section 206(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 regulations promulgated before the date of the enactment of the Clean Air
Act Amendments of 1990) of vehicles or vehicle engines whose
projected sales in the United States for any model year (as determined by the Administrator) will not exceed 300, the Administrator
shall not require, for purposes of determining compliance with
regulations under section 202 for the useful life of the vehicle or
engine, operation of any vehicle or engine manufactured during
such model year for more than 5,000 miles or 160 hours, respectively, unless the Administrator, by regulation, prescribes otherwise. The Administrator shall apply any adjustment factors that the
Administrator deems appropriate to assure that each vehicle or
engine will comply during its useful life (as determined under
section 202(d)) with the regulations 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
Regulations.

PUBLIC LAW 101-549—NOV. 15, 1990

"(h) Within 18 months after the enactment of the Clean Air Act
Amendments of 1990, the Administrator shall review and revise as
necessary the regulations under subsection (a) and (b) of this section
regarding the testing of motor vehicles and motor vehicle engines to
insure that vehicles are tested under circumstances which reflect
the actual current driving conditions under which motor vehicles
are used, including conditions relating to fuel, temperature, acceleration, and altitude.".
SEC. 209. AUTO WARRANTIES.

Effective with respect to new motor vehicles and engines manufactured in the model year 1995 and thereafter, section 207 of the
Clean Air Act (42 U.S.C. 7541) is amended as follows:
(1) Strike out "useful life (as determined under section
202(d))" each place it appears in subsection (b) and insert "the
warranty period (as determined under subsection (i))".
(2) Strike so much of section 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 Administrator by regulation (promulgated prior to the enactment of the
Clean Air Act Amendments of 1990) for such purposes unless
the Administrator subsequently modifies such regulation.
"(2) SPECIFIED MAJOR EMISSION CONTROL COMPONENTS.—In the

case of a specified major emission control component, the warranty period for new light-duty trucks and new light-duty vehicles and engines manufactured in the model year 1995 and
thereafter for purposes of subsection (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 electronic emissions control unit, and an onboard emissions diagnostic device, except that the Administrator may designate any
other pollution control device or component as a specified major
emission control component if—
"(A) the device or component was not in general use on
vehicles and engines manufactured prior to the model year
1990; and
"(B) the Administrator determines that the retail cost
(exclusive of installation costs) of such device or component
exceeds $200 (in 1989 dollars), adjusted for inflation or
deflation as calculated by the Administrator at the time of
such determination.
For purposes of this paragraph, the term 'onboard emissions
diagnostic device' means any device installed for the purpose of
storing or processing emissions related diagnostic information,
but not including any parts or other systems which it monitors
except specified major emissions control components. Nothing
in this Act shall be construed to provide that any part (other

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 determination 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 U P TO 6,000 LBS.
GVWR AND UGHT-DUTY VEHICLES
Vehicle type
Lightxiuty vehicles
LDT's (0-3,750 LVW)
LDT's (3,751-5,750 LVW)

NMHC

CO

NO,

0.32
0.32
0.41

3.4
5.2
6.7

0.4*
0.4*
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 applicable under this title.

104 STAT. 2486

PUBLIC LAW 101-549—NOV. 15, 1990
"TABLE B—INTERMEDIATE IN-USE STANDARDS L D T S MORE THAN

6,000 LBS. G V W R
Vehicle type
LDTs (3,751-5,750 lbs. TW)
LDTs (over 5,750 lbs. TW)

NMHC

CO

0.40
0.49

5.5
6.2

NO,
0.88*
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 certification at 50,000 miles; and (ii) 10 years or 100,000 miles (or the
equivalent), whichever first occurs in the case of standards
applicable for purposes of certification at 100,000 miles, except
that no testing shall be done beyond 7 years or 75,000 miles, or
the equivalent whichever first occurs.
"LDTs UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLE SCHEDULE
FOR IMPLEMENTATION OF FINAL IN-USE STANDARDS
Model year
1996
1997
1998

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 implementation schedule below of each manufacturer's sales
volume of light-duty trucks of more than 6,000 lbs. gross vehicle
weight rating (GVWR), the standards for NMHC, CO, and 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
Model year

Percent
50

1998
1999

100

"(6) DIESEL VEHICLES; IN-USE USEFUL U F E AND TESTING.—(A) In

the case of diesel-fueled light-duty trucks up to 6,000 lbs. GVWR
and light-duty vehicles, the useful life for purposes of determining in-use compliance with the standards under section 202(g)
for NOx shall be a period of 10 years or 100,000 miles (or the
equivalent), whichever first occurs, in the case of standards
applicable for purposes of certification at 100,000 miles, except
that testing shall not be done for a period beyond 7 years or
75,000 miles (or the equivalent) whichever first occurs.
"(B) In the case of diesel-fueled light-duty trucks of 6,000 lbs.
GVWR or more, the useful life for purposes of determining inuse 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 engages to perform any activity required by subsection (a), for the
purposes of inspecting or observing any activity conducted
pursuant to subsection (a), and
"(2) to inspect records, files, papers, processes, controls, and
facilities used in performing any activity required by subsection

104 STAT. 2488

PUBLIC LAW 101-549—NOV. 15, 1990
(a), by such manufacturer or by any person whom the manufacturer engages to perform any such activity.

Confidential

bv^iness
mformation.

"(c) AvAiLABiuTY TO THE PuBLic; TRADE SECRETS.—Any records,

reports, or information obtained under this part or part C shall be
available to the public, except that upon a showing satisfactory to
the Administrator by any person that records, reports, or information, or a particular portion thereof (other than emission data), to
which the Administrator has access under this section, if made
public, would divulge methods or processes entitled to protection as
trade secrets of that person, the Administrator shall consider the
record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 of the
United States Code. Any authorized representative of the Administrator shall be considered an employee of the United States for
purposes of section 1905 of title 18 of the United States Code,
Nothing in this section shall prohibit the Administrator or authorized representative of the Administrator from disclosing
records, reports or information to other officers, employees or authorized representatives of the United States concerned with carrying out this Act or when relevant in any proceeding under this Act.
Nothing in this section shall authorize the withholding of information by the Administrator or any officer or employee under the
Administrator's control from the duly authorized committees of the
Congress.".
SEC. 212. NONROAD FUELS.
(a) FUELS AND FUEL ADDITIVES.—Section 211(a) of the Clean Air

Act (42 U.S.C. 7545(a)) is amended by inserting "(including any fuel
or fuel additive used exclusively in nonroad engines or nonroad
vehicles)" immediately after "fuel or fuel additive".
(b) ANALYTICAL TECHNIQUES.—Section 211(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) I N 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 component 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 measures 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 standards, the need of an area for emission control, and economic
factors.
"(2) ATTAINMENT AREAS.—The regulations under this subsection shall not make it unlawful for any person to sell, offer for

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 attainment area.
"(3) EFFECTIVE DATE; ENFORCEMENT.—The regulations under
this subsection shall provide that the requirements of this
subsection shall take effect not later than the high ozone season
for 1992, and shall include such provisions as the Administrator
determines are necessary to implement and enforce the requirements of this subsection.
"(4) ETHANOL WAIVER.—For fuel blends containing gasoline
and 10 percent denatured anhydrous ethanol, the Reid vapor
pressure limitation under this subsection shall be one pound per
square inch (psi) greater than the applicable Reid vapor pressure limitations established under paragraph (1); Provided, however. That a distributor, blender, marketer, reseller, carrier,
retailer, or wholesale purchaser-consumer shall be deemed to be
in full compliance with the provisions of this subsection and the
regulations promulgated thereunder if it can demonstrate (by
showing receipt of a certification or other evidence acceptable to
the Administrator) that—
"(A) the gasoline portion of the blend complies with the
Reid vapor pressure limitations promulgated pursuant to
this subsection;
"(B) the ethanol portion of the blend does not exceed its
waiver condition under subsection (f)(4); and
"(C) no additional alcohol or other additive has been
added to increase the Reid Vapor Pressure of the ethanol
portion of the blend.
"(5) AREAS COVERED.—The provisions of this subsection shall
apply only to the 48 contiguous States and the District of
Columbia. .

SEC. 217. DIESEL FUEL SULFUR CONTENT.

Regulations.

Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by
adding the following new subsection at the end thereof:
"(i) SULFUR CONTENT REQUIREMENTS FOR DIESEL FUEL.—(1) Effective October 1, 1993, no person shall manufacture, sell, supply, offer
for sale or supply, dispense, transport, or introduce into 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.
"(2) Not later than 12 months after the date of the enactment of
the Clean Air Act Amendments of 1990, the Administrator shall
promulgate regulations to implement and enforce the requirements
of paragraph (1). The Administrator may require manufacturers and
importers of diesel fuel not intended for use in motor vehicles to dye
such fuel in a particular manner in order to segregate it from motor
vehicle diesel fuel. The Administrator may establish an equivalent
alternative aromatic level to the cetane index specification in paragraph (1).
"(3) The sulfur content of fuel required to be used in the certification of 1991 through 1993 model year heavy-duty diesel vehicles

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2491

and engines shall be 0.10 percent (by weight). The sulfur content and
cetane index minimum of fuel required to be used in the certification of 1994 and later model year heavy-duty diesel vehicles and
engines shall comply with the regulations promulgated under paragraph (2).
"(4) The States of Aleiska and Hawaii may be exempted from the Alaska.
requirements of this subsection in the same manner as provided in Hawaii.
section 324. The Administrator shall take final action on any petition filed under section 324 or this paragraph for an exemption from
the requirements of this subsection, within 12 months from the date
of the petition.".
SEC. 218. LEAD SUBSTITUTE GASOLINE ADDITIVES.

(a) ADDITIVES.—Section 211 of the Clean Air Act (42 U.S.C. 7545) is
amended by adding the following at the end thereof:
"(j) LEAD SUBSTITUTE GASOLINE ADDITIVES.—(1) After the date of
the enactment of the Clean Air Act Amendments of 1990, any
person proposing to register any gasoline additive under subsection
(a) or to use any previously registered additive as a lead substitute
may also elect to register the additive as a lead substitute gasoline
additive for reducing valve seat wear by providing the Administrator with such relevant information regarding product identity
and composition as the Administrator deems necessary for carrying
out the responsibilities of paragraph (2) of this subsection (in addition to other information which may be required under subsection
(b)).
"(2) In addition to the other testing which may be required under
subsection (b), in the case of the lead substitute gasoline additives
referred to in paragraph (1), the Administrator shall develop and
publish a test procedure to determine the additives' effectiveness in
reducing valve seat wear and the additives' tendencies to produce
engine deposits £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
Administrator shall enter into arrangements with an independent
laboratory to conduct tests of each additive using the test procedures
developed and published pursuant to this paragraph. The Administrator shall publish the results of the tests by company and additive
name in the Federal Register along with, for comparison purposes,
the results of appljdng the same test procedures to gasoline containing 0.1 gram of lead per gallon in lieu of the lead substitute gasoline
additive. The Administrator shall not rank or otherwise rate the
lead substitute additives. Test procedures shall be established within
1 year after the date of the enactment of the Clean Air Act Amendments of 1990. Additives shall be tested within 18 months of the date
of the enactment of the Clean Air Act Amendments of 1990 or 6
months after the lead substitute additives are identified to the
Administrator, whichever is later.
"(3) The Administrator may impose a user fee to recover the costs
of testing of any fuel additive referred to in this subsection. The fee
shall be paid by the person proposing to register the fuel additive
concerned. Such fee shall not exceed $20,000 for a single fuel
additive.
"(4) There are authorized to be appropriated to the Administrator
not more than $1,000,000 for the second full fiscal year after the
date of the enactment of the Clean Air Act Amendments of 1990 to

Research.
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. 219. REFORMULATED GASOLINE AND OXYGENATED GASOLINE.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by
adding the following at the end thereof:
"(k) REFORMULATED GASOLINE FOR CONVENTIONAL VEHICLES.—

"(1) EPA REGULATIONS.—Within 1 year after the enactment
of the Clean Air Act Amendments of 1990, the Administrator
shall promulgate regulations under this section establishing
requirements for reformulated gasoline to be used in gasolinefueled vehicles in specified nonattainment areas. Such regulations shall require the greatest reduction in emissions of ozone
forming volatile organic compounds (during the high ozone
season) and emissions of toxic air pollutants (during the entire
year) achievable through the reformulation of conventional
gasoline, taking into consideration the cost of achieving such
emission reductions, any nonair-quality and other air-quality
related health and environmental impacts and energy requirements.
"(2) GENERAL REQUIREMENTS.—The regulations referred to in
paragraph (1) shall require that reformulated gasoline comply
with paragraph (3) and with each of the following requirements
(subject to paragraph (7)):
"(A) 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 limitation on emissions of oxides of nitrogen under the preceding
sentence is technically infeasible, considering the other
requirements applicable under this subsection to such gasoline, the Administrator may, as appropriate to ensure
compliance with this subparagraph, adjust (or waive entirely), any other requirements of this paragraph (including
the oxygen content requirement contained in subparagraph
(B)) or any requirements applicable under paragraph (3)(A).
"(B) OXYGEN CONTENT.—The oxygen content of the gasoline shall equal or exceed 2.0 percent by weight (subject to a
testing tolerance established by the Administrator) except
as otherwise required by this Act. The Administrator may
waive, in whole or in part, the application of this subparagraph for any ozone nonattainment area upon a determination by the Administrator that compliance with such
requirement would prevent or interfere with the attainment by the area of a national primary ambient air quality
standard.
"(C) BENZENE CONTENT.—The benzene content of the

gasoline shall not exceed 1.0 percent by volume.
"(D) HEAVY METALS.—The gasoline shall have no heavy
metals, including lead or manganese. The Administrator

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 determining the more stringent provision, clause (i) and clause (ii) of
subparagraph (B) shall be considered independently.
"(A) FORMULA.—

"(i) BENZENE.—The benzene content of the reformulated gasoline shall not exceed 1.0 percent by volume.
"(ii) AROMATICS.—The aromatic hydrocarbon content
of the reformulated gasoline shall not exceed 25 percent by volume.
"(iii) LEAD.—The reformulated gasoline shall have no
lead content.
"(iv) DETERGENTS.—The reformulated gasoline shall
contain additives to prevent the accumulation of deposits in engines or vehicle fuel supply systems.
"(v) OXYGEN CONTENT.—The oxygen content of the >

reformulated gasoline shall equal or exceed 2.0 percent
by weight (subject to a testing tolerance established by
the Administrator) except as otherwise required by this
Act.
"(B) PERFORMANCE STANDARD.—

"(i) VOC EMISSIONS.—During the high ozone season
(as defined by the Administrator), the aggregate emissions of ozone forming volatile organic compounds from
baseline vehicles when using the reformulated gasoline
shall be 15 percent below the aggregate emissions of
ozone forming volatile organic compounds from such
vehicles when using baseline gasoline. Effective in calendar year 2000 and thereafter, 25 percent shall be
substituted for 15 percent in applying this clause,
except that the Administrator may adjust such 25 percent requirement to provide for a lesser or greater
reduction based on technological feasibility, considering the cost of achieving such reductions in VOC emissions. No such adjustment shall provide for less than a
20 percent reduction below the aggregate emissions of
such air pollutants from such vehicles when using
baseline gasoline. The reductions required under this
clause shall be on a mass basis.
"(ii) Toxics.—During the entire year, the aggregate
emissions of toxic air pollutants from baseline vehicles
when using the reformulated gasoline shall be 15 percent below the aggregate emissions of toxic air pollutants from such vehicles when using baseline gasoline.
Effective in calendar year 2000 and thereafter, 25 percent shall be substituted for 15 percent in applying this
clause, except that the Administrator may adjust such
25 percent requirement to provide for a lesser or
greater reduction based on technological feasibility.

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 aggregate emissions of such air pollutants from such vehicles
when using baseline gasoline. The reductions required
under this clause shall be on a mass basis.
Any reduction greater than a specific percentage reduction
required under this subparagraph shall be treated as satisfying
such percentage reduction requirement.
"(4) CERTIFICATION PROCEDURES.—

"(A) REGULATIONS.—The regulations under this subsection shall include procedures under which the Administrator shall certify reformulated 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 Administrator shall approve or deny such petition within 180 days
of receipt. If the Administrator fails to act within such 180day period, the fuel shall be deemed certified until the
Administrator completes action on the petition.
"(B) CERTIFICATION; EQUIVALENCY.—The Administrator
shall certify a fuel formulation or slate of fuel formulations
as complying with this subsection if such fuel or fuels—
"(i) comply with the requirements of paragraph (2),
and
"(ii) achieve equivalent or greater reductions in emissions of ozone forming volatile organic compounds and
emissions of toxic air pollutants than are achieved by a
reformulated gasoline meeting the applicable requirements of paragraph (3).
"(C) EPA DETERMINATION OF EMISSIONS LEVEL.—Within 1

Regulations.

year after the enactment of the Clean Air Act Amendments
of 1990, the Administrator shall determine the level of
emissions of ozone forming volatile organic compounds and
emissions of toxic air pollutants emitted by baseline vehicles when operating on baseline gasoline. For purposes of
this subsection, within 1 year after the enactment of the
Clean Air Act Amendments of 1990, the Administrator
shall, by rule, determine appropriate measures of, and
methodology for, ascertaining the emissions of air pollutants (including calculations, equipment, and testing tolerances).
"(5) PROHIBITION.—Effective beginning January 1, 1995, each
of the following shall be a violation of this subsection:
"(A) The sale or dispensing by any person of conventional
gasoline to ultimate consumers in any covered area.
"(B) The sale or dispensing by any refiner, blender, importer, or marketer of conventional gasoline for resale in
any covered area, without (i) segregating such gasoline from
reformulated gasoline, and (ii) clearly marking such
conventional gasoline as "conventional gasoline, not for
sale to ultimate consumer in a covered area".
Any refiner, blender, importer or marketer who purchases property segregated and marked conventional gasoline, and thereafter labels, represents, or wholesales such gasoline as reformu-

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2495

lated gasoline shall also be in violation of this subsection. The
Administrator may impose sampling, testing, and recordkeeping requirements upon any refiner, blender, importer, or
marketer to prevent violations of this section.
"(6) OPT-IN AREAS.—(A) Upon the application of the Governor
of a State, the Administrator shall apply the prohibition set
forth in paragraph (5) in any area in the State classified under
subpart 2 of part D of title I as a Marginal, Moderate, Serious,
or Severe Area (without regard to whether or not the 1980
population of the area exceeds 250,000). In any such case, the
Administrator shall establish an effective date for such prohibition as he deems appropriate, not later than January 1, 1995, or
1 year after such application is received, whichever is later. The
Administrator shall publish such application in the Federal
Register upon receipt.
(B) If the Administrator determines, on the Administrator's
own motion or on petition of any person, after consultation with
the Secretary of Energy, that there is insufficient domestic
capacity to produce gasoline certified under this subsection, the
Administrator shall, by rule, extend the effective date of such
prohibition in Marginal, Moderate, Serious, or Severe Areas
referred to in subparagraph (A) for one additional year, and
may, by rule, renew such extension for 2 additional one-year
periods. The Administrator shall act on any petition submitted
under this paragraph within 6 months after receipt of the
petition. The Administrator shall issue such extensions for
areas with a lower ozone classification before issuing any such
extension for areas with a higher classification.
"(7) CREDITS.—(A) The regulations promulgated under this
subsection shall provide for the granting of an appropriate
amount of credits to a person who refines, blends, or imports
and certifies a gasoline or slate of gasoline that—
"(i) has an oxygen content (by weight) that exceeds the
minimum oxygen content specified in paragraph (2);
"(ii) has an aromatic hydrocarbon content (by volume)
that is less than the maximum aromatic hydrocarbon content required to comply with paragraph (3); or
"(iii) has a benzene content (by volume) that is less than
the maximum benzene content specified in paragraph (2).
"(B) The regulations described in subparagraph (A) shall also
provide that a person who is granted credits may use such
credits, or transfer all or a portion of such credits to another
person for use within the same nonattainment area, for the
purpose of complying with this subsection.
"(C) The regulations promulgated under subparagraphs (A)
and (B) shall ensure the enforcement of the requirements for
the issuance, application, and transfer of the credits. Such
regulations shall prohibit the granting or transfer of such credits for use with respect to any gasoline in a nonattainment area,
to the extent the use of such credits would result in any of the
following:
"(i) An average gasoline aromatic hydrocarbon content
(by volume) for the nonattainment (taking into account all
gasoline sold for use in conventional gasoline-fueled vehicles in the nonattainment area) higher than the average
fuel aromatic hydrocarbon content (by volume) that would
occur in the absence of using any such credits.

Federal
Register,
publication.

Regulations,

104 STAT. 2496

PUBLIC LAW 101-549—NOV. 15, 1990
"(ii) An average gasoline oxygen content (by weight) for
the nonattainment area (taking into account all gasoline
sold for use in conventional gasoline-fueled vehicles in the
nonattainment area) lower than the average gasoline
oxygen content (by weight) that would occur in the absence
of using any such credits.
"(iii) An average benzene content (by volume) for the
nonattainment area (taking into account all gasoline sold
for use in conventional gasoline-fueled vehicles in the nonattainment area) higher than the average benzene content
(by volume) that would occur in the absence of using any
such credits.
'(8) ANTI-DUMPING RULES.—

Regulations.

"(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 control in motor vehicles sold after the calendar year 1990.
"(C)

COMPLIANCE DETERMINED FOR

EACH

POLLUTANT

INDEPENDENTLY.—In determining whether there is an increase in emissions in violation of the prohibition contained
in subparagraph (A) the Administrator shall consider an
increase in each air pollutant referred to in clauses (i)
through (iv) as a separate violation of such prohibition,
except that the Administrator shall promulgate regulations
to provide that any increase in emissions of oxides of
nitrogen resulting from adding oxygenates to gasoline may
be offset by an equivalent or greater reduction (on a mass
basis) in emissions of volatile organic compounds, carbon
monoxide, or toxic air pollutants, or any combination of the
foregoing.
"(D) COMPLIANCE PERIOD.—The Administrator shall
promulgate an appropriate compliance period or appropriate compliance periods to be used for assessing compliance with the prohibition contained in subparagraph (A).
"(E)

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 importer, baseline gasoline shall be substituted for such 1990
gasoline in determining compliance with subparagraph (A).

PUBLIC LAW 1 0 1 - 5 4 9 - N O V . 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 gasoline which meets the following specifications:
"BASELINE GASOLINE FUEL PROPERTIES
API Gravity
Sulfur, ppm
Benzene, %
RVP, psi
Octane, R + M / 2
IBP, F
10%, F
50%, F
90%, F
End Point, F
Aromatics, %
Olefins, %
Saturates, %

57.4
339
1.53
8.7
87.3
91
128
218
330
415
32.0
9.2
58.8

"(ii) WINTERTIME.—The Administrator shall establish
the specifications of 'baseline gasoline' for gasoline sold
at times other than the high ozone period (as defined by
the Administrator). Such specifications shall be the
specifications of 1990 industry average gasoline sold
during such period.
"(C) TOXIC AIR POLLUTANTS.—The term 'toxic air pollutants' means the aggregate emissions of the following:
"Benzene
"1,3 Butadiene
"Polycyclic organic matter (POM)
"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 nonattainment area under section 181(b), such Severe area shall also
be a 'covered area' for purposes of this subsection.
"(E) REFORMULATED GASOLINE.—The term 'reformulated gasoline' means any gasoline which is certified by the Administrator
under this section as complying with this subsection.
"(F) CONVENTIONAL GASOUNE.—The term 'conventional gasoline' 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 dispense to persons who sell or dispense to ultimate consumers in the
United States any gasoline which does not contain additives to
prevent the accumulation of deposits in engines or fuel supply

104 STAT. 2498
Regulations.

PUBLIC LAW 101-549—NOV. 15, 1990

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 submitted within 18 months after such 2-year period.
"(2) OXYGENATED GASOLINE IN GO NONATTAINMENT AREAS.—

Each plan revision under this subsection shall contain provisions to require that any gasoline sold, or dispensed, to the
ultimate consumer in the carbon monoxide nonattainment area
or sold or dispensed directly or indirectly by fuel refiners or
marketers to persons who sell or dispense to ultimate consumers, in the larger of—
"(A) the Consolidated Metropolitan Statistical Area
(CMSA) in which the area is located, or
"(B) if the area is not located in a CMSA, the Metropolitan Statistical Area in which the area is located,
be blended, during the portion of the year in which the area is
prone to high ambient concentrations of carbon monoxide to
contain not less than 2.7 percent oxygen by weight (subject to a
testing tolerance established by the Administrator). The portion
of the year in which the area is prone to high ambient concentrations of carbon monoxide shall be as determined by the
Administrator, but shall not be less than 4 months. At the
request of a State with respect to any area designated as
nonattainment for carbon monoxide, the Administrator may
reduce the period specified in the preceding sentence if the
State can demonstrate that because of meteorological conditions, a reduced period will assure that there will be no
exceedances of the carbon monoxide standard outside of such
reduced period. For areas with a carbon monoxide design value
of 9.5 ppm or more of the date of enactment of the Clean Air Act
Amendments of 1990, the revision shall provide that such
requirement shall take effect no later than November 1, 1992,
(or at such other date during 1992 as the Administrator establishes under the preceding provisions of this paragraph). For
other areas, the revision shall provide that such requirement
shall take effect no later than November 1 of the third year
after the last year of the applicable 2-year period referred to in
paragraph (1) (or at such other date during such third year as
the Administrator establishes under the preceding provisions of
this paragraph) and shall include a program for implementation

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 demonstration by the State to the satisfaction of the Administrator that
the use of oxygenated gasoline would prevent or interfere with
the attainment by the area of a national primary ambient air
quality standard (or a State or local ambient air quality standard) for any air pollutant other than carbon monoxide.
"(B) The Administrator shall, upon demonstration by the
State satisfactory to the Administrator, waive the requirement
of paragraph (2) where the Administrator determines that
mobile sources of carbon monoxide do not contribute significantly to carbon monoxide levels in an area.
"(CXi) Any person may petition the Administrator to make a
finding that there is, or is likely to be, for any area, an inadequate domestic supply of, or distribution capacity for,
oxygenated gasoline meeting the requirements of paragraph (2)
or fuel additives (oxygenates) necessary to meet such requirements. The Administrator shall act on such petition within 6
months after receipt of the petition.
"(ii) If the Administrator determines, in response to a petition Effective date,
under clause (i), that there is an inadequate supply or capacity
described in clause (i), the Administrator shall delay the effective date of paragraph (2) for 1 year. Upon petition, the
Administrator may extend such effective date for one additional
year. No partial delay or lesser waiver may be granted under
this clause.
"(iii) In granting waivers under this subparagraph the
Administrator shall consider distribution capacity separately
from the adequacy of domestic supply and shall grant such
waivers in such manner as will assure that, if supplies of
oxygenated gasoline are limited, areas having the highest
design value for carbon monoxide will have a priority in obtaining oxygenated gasoline which meets the requirements of paragraph (2).
"(iv) As used in this subparagraph, the term distribution
capacity includes capacity for transportation, storage, and
blending.
"(4)

FUEL

DISPENSING

SYSTEMS.—Any

person

selling Regulations,

oxygenated gasoline at retail pursuant to this subsection shall
be required under regulations promulgated by the Administrator to label the fuel dispensing system with a notice that the
gasoline is oxygenated and will reduce the carbon monoxide
emissions from the motor vehicle.
"(5) 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 gasoline with a lower oxygen content than required. No credits may
be transferred between nonattainment areas.
"(6) ATTAINMENT AREAS.—Nothing in this subsection shall be
interpreted as requiring an oxygenated gasoline program in an
area which is in attainment for carbon monoxide, except that in
a carbon monoxide nonattainment area which is redesignated

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 provisions 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. 213. NONROAD ENGINES AND VEHICLES.

Regulations.

"(a) EMISSIONS STANDARDS.—(1) The Administrator shall conduct a
study of emissions from nonroad engines and nonroad vehicles
(other than locomotives or engines used in locomotives) to determine
if such emissions cause, or significantly contribute to, air pollution
which may reasonably be anticipated to endanger public health or
welfare. Such study shall be completed within 12 months of the date
of the enactment of the Clean Air Act Amendments of 1990.
"(2) After notice and opportunity for public hearing, the Administrator shall determine within 12 months after completion of the
study under paragraph (1), based upon the results of such study,
whether emissions of carbon monoxide, oxides of nitrogen, and
volatile organic compounds from new and existing nonroad engines
or nonroad vehicles (other than locomotives or engines used in
locomotives) are significant contributors to ozone or carbon monoxide concentrations in more than 1 area which has failed to attain
the national ambient air quality standards for ozone or carbon
monoxide. Such determination shall be included in the regulations
under paragraph (3).
"(3) If the Administrator makes an affirmative determination
under 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 application of technology which the Administrator determines will be
available for the engines or vehicles to which such standards apply,
giving appropriate consideration to the cost of applying such technology within the period of time available to manufacturers and to
noise, energy, and safety factors associated with the application of
such technology. In determining what degree of reduction will be
available, the Administrator shall first consider standards equivalent in stringency to standards for comparable motor vehicles or
engines (if any) regulated under section 202, taking into account the
technological feasibility, costs, safety, noise, and energy factors
associated with achieving, as appropriate, standards of such stringency and lead time. The regulations shall apply to the useful life of
the engines or vehicles (as determined by the Administrator).
"(4) If the Administrator determines that any emissions not referred to in paragraph (2) from new nonroad engines or vehicles
significantly contribute to air pollution which may reasonably be
anticipated to endanger public health or welfare, the Administrator
may promulgate (and from time to time revise) such regulations as
the Administrator deems appropriate containing standards applicable to emissions from those classes or categories of new nonroad
engines and new nonroad vehicles (other than locomotives or engines used in locomotives) which in the Administrator's judgment
cause, or contribute to, such air pollution, taking into account costs,
noise, safety, and energy factors associated with the application of
technology which the Administrator determines will be available for
the engines and vehicles to which such standards apply. The regulations shall apply to the useful life of the engines or vehicles (as
determined by the Administrator).
"(5) Within 5 years after the enactment of the Clean Air Act Regulations.
Amendments of 1990, the Administrator shall promulgate regulations containing standards applicable to emissions from new locomotives and new engines used in locomotives. Such standards shall
achieve the greatest degree of emission reduction achievable
through the application of technology which the Administrator
determines will be available for the locomotives or engines to which
such standards apply, giving appropriate consideration to the cost of
applying such technology within the period of time available to
manufacturers and to noise, energy, and safety factors associated
with the application of such technology.
"(b) EFFECTIVE DATE.—Standards under this section shall take
effect at the earliest possible date considering the lead time necessary to permit the development and application of the requisite
technology, giving appropriate consideration to the cost of compliance within such period and energy and safety.
"(c) SAFE CONTROLS.—Effective with respect to new engines or
vehicles to which standards under this section apply, no emission
control device, system, or element of design shall be used in such a
new nonroad engine or new nonroad vehicle for purposes of complying with such standards if such device, system, or element of design
will cause or contribute to an unreasonable risk to public health,
welfare, or safety in its operation or function. In determining

104 STAT. 2502

Regulations.

PUBLIC LAW 101-549—NOV. 15, 1990

whether an unreasonable risk exists, the Administrator shall consider factors including those described in section 202(a)(4)(B).
"(d) ENFORCEMENT.—The standards under this section shall be
subject to sections 206, 207, 208, and 209, with such modifications of
the applicable regulations implementing such sections as the
Administrator deems appropriate, and shall be enforced in the same
manner as standards prescribed under section 202. The Administrator shall revise or promulgate regulations as may be necessary to
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 enforce any standard or other requirement relating to the control
of emissions from either of the following new nonroad engines
or nonroad vehicles subject to regulation under this Act—
"(A) New engines which are used in construction equipment or vehicles or used in farm equipment or vehicles and
which are smaller than 175 horsepower.
"(B) New locomotives or new engines used in locomotives.
Subsection (h) shall not apply for purposes of this paragraph.

California.

Regulations.

"(2) O T H E R NONROAD ENGINES OR VEHICLES.—(A) I n t h e c a s e of

any nonroad vehicles or engines other than those referred to in
subparagraph (A) or (B) of paragraph (1), the Administrator
shall, after notice and opportunity for public hearing, authorize
California to adopt and enforce standards and other requirements relating to the control of emissions from such vehicles or
engines if California determines that California standards will
be, in the aggregate, at least as protective of public health and
welfare as applicable Federal standards. No such authorization
shall be granted if the Administrator finds that—
"(i) the determination of California is arbitrary and capricious,
"(ii) California does not need such California standards to
meet compelling and extraordinary conditions, or
"(iii) California standards and accompanying enforcement procedures are not consistent with this section.
"(B) Any State other than California which has plan provisions approved under part D of title I may adopt and enforce,
after notice to the Administrator, for any period, standards
relating to control of emissions from nonroad vehicles or engines (other than those referred to in subparagraph (A) or (B) of
paragraph (1)) and take such other actions as are referred to in
subparagraph (A) of this paragraph respecting such vehicles or
engines if—
"(i) such standards and implementation and enforcement
are identical, for the period concerned, to the California
standards authorized by the Administrator under subparagraph (A), and
"(ii) California and such State adopt such standards at
le£ist 2 years before commencement of the period for which
the standards take effect.
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 LOADED VEHICLE
WEIGHT.—The terms 'vehicle curb weight', 'gross vehicle weight
rating' (GVWR), 'light-duty truck' (LDT), light-duty vehicle, and
'loaded vehicle weight' (LVW) have the meaning provided in
regulations promulgated by the Administrator and in effect as
of the enactment of the Clean Air Act Amendments of 1990. The
abbreviations in parentheses corresponding to any term referred to in this paragraph shall have the same meaning as the
corresponding term.
"(8) TEST WEIGHT.—The term 'test weight' and the abbreviation 'tw' mean the vehicle curb weight added to the gross
vehicle weight rating (gvwr) and divided by 2.
"(9) MOTOR VEHICLE OR ENGINE PART MANUFACTURER.—The

term 'motor vehicle or engine part manufacturer' as used in
sections 207 and 208 means any person engaged in the manufacturing, assembling or rebuilding of any device, system, part,
component or element of design which is installed in or on
motor vehicles or motor vehicle engines.
"(10) NoNROAD ENGINE.—The term 'nonroad engine' means
an internal combustion engine (including the fuel system) that
is not used in a motor vehicle or a vehicle used solely for
competition, or that is not subject to standards promulgated
under section 111 or section 202.
"(11) NoNROAD VEHICLE.—The term 'nonroad vehicle' means a
vehicle that is powered by a nonroad engine and that is not a
motor vehicle or a vehicle used solely for competition.".
(b) DEFINITION OF MANUFACTURER.—Paragraph (1) of section 216

of the Clean Air Act (42 U.S.C. 7550) is amended by striking out
"new motor vehicles or new motor vehicle engines" every place it
occurs and inserting "new motor vehicles, new motor vehicle engines, new nonroad vehicles or new nonroad engines".
SEC. 224. HIGH ALTITUDE TESTING.
Section 215 of the Clean Air Act (42 U.S.C. 7549) is amended by
adding the following at the end thereof:
"(e) HIGH ALTITUDE TESTING.—(1) The Administrator shall Motor vehicles.
promptly establish at least one testing center (in addition to the E^stablishment.
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 assessment center to provide for the development and evaluation of lesspolluting heavy-duty engines and fuels for use in buses, heavy-duty

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 facilities and recovery of costs of operation through utilization of such
facility for the purposes of this section.
"(3) The Administrator shall designate at least one center at highaltitude conditions to provide research on after-market emission
components, dual-fueled vehicles and conversion kits, the effects of
tampering on emissions equipment, testing of alternate fuels and
conversion kits, and the development of curricula, training courses,
and materials to maximize the effectiveness of inspection and
maintenance programs as they relate to promoting effective control
of vehicle emissions at high-altitude elevations. Preference shall be
given to existing vehicle emissions testing and research centers that
have established reputations for vehicle emissions research and
development and training, and that possess in-house Federal Test
Procedure capacity.".
SEC. 225. COMPLIANCE PROGRAM FEES.
Part A of title II of the Clean Air Act is amended by adding the
following new section at the end thereof:
42 u s e 7552.

Manufacturers.

"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 testing under section 207(c) or part C.
The Administrator may establish for all foreign and domestic manufacturers a fee schedule based on such factors as the Administrator
finds appropriate and equitable and nondiscriminatory, including
the number of vehicles or engines produced under a certificate of
conformity. In the case of heavy-duty engine and vehicle manufacturers, such fees shall not exceed a reasonable amount to recover an
appropriate portion of such reasonable costs.
"(b) SPECIAL TREASURY FUND.—Any fees collected under this section shall be deposited in a special fund in the United States
Treasury for licensing and other services which thereafter shall be
available for appropriation, to remain available until expended, to
carry out the Agency's activities for which the fees were collected.
"(c) LIMITATION ON FUND USE.—Moneys in the special fund referred to in subsection (b) shall not be used until after the first fiscal
year commencing after the first July 1 when fees are paid into the
fund.
"(d) ADMINISTRATOR'S TESTING AUTHORITY.—Nothing in this
subsection shall be construed to limit the Administrator's authority
to require manufacturer or confirmatory testing as provided in this
part.".

PUBLIC LAW 101-549—NOV. 15, 1990
SEC. 226. PROHIBITION ON PRODUCTION OF
LEADED GASOLINE.

104 STAT. 2505

ENGINES REQUIRING

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 standards applicable under section 202(a) for heavy-duty vehicles of the
same type and model year.
"(b) PM STANDARD.—

"(1) 50 PERCENT REDUCTION.—The Standards under section
202(a) applicable to urban buses shall require that, effective for
the model year 1994 and thereafter, emissions of particulate
matter (PM) from urban buses shall not exceed 50 percent of the
emissions of particulate matter (PM) allowed under the emission standard applicable under section 202(a) as of the date of
the enactment of the Clean Air Act Amendments of 1990 for
particulate matter (PM) in the case of heavy-duty diesel vehicles
and engines manufactured in the model year 1994.
"(2) REVISED REDUCTION.—The Administrator shall increase
the level of emissions of particulate matter allowed under the
standard referred to in paragraph (1) if the Administrator
determines that the 50 percent reduction referred to in paragraph (1) is not technologically achievable, taking into account
durability, costs, lead time, safety, and other relevant factors.
The Administrator may not increase such level of emissions
above 70 percent of the emissions of particulate matter (PM)
allowed under the emission standard applicable under section
202(a) as of the date of the enactment of the Clean Air Act
Amendments of 1990 for particulate matter (PM) in the case of
heavy-duty diesel vehicles and engines manufactured in the
model year 1994.
"(3) DETERMINATION AS PART OF RULE,—As part of the rulemaking under subsection (a), the Administrator shall make a
determination as to whether the 50 percent reduction referred
to in paragraph (1) is technologically achievable, taking into

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 representative sample of operating urban buses subject to the
particulate matter (PM) standard applicable pursuant to subsection (b) to determine whether such buses comply with such
standard in use over their full useful life.
"(2)

Regulations.

PROMULGATION OF ADDITIONAL LOW-POLLUTING FUEL

REQUIREMENT.—(A) If the Administrator determines, based on
the testing under paragraph (1), that urban buses subject to the
particulate matter (PM) standard applicable pursuant to subsection (b) do not comply with such standard in use over their full
useful life, he shall revise the standards applicable to such buses
to require (in addition to compliance with the PM standard
applicable pursuant to subsection (b)) that all new urban buses
purchased or placed into service by owners or operators of
urban buses in all metropolitan statistical areas or consolidated
metropolitan statistical areas with a 1980 population of 750,000
or more shall be capable of operating, and shall be exclusively
operated, on low-polluting fuels. The Administrator shall establish the pass-fail rate for purposes of testing under this subparagraph.
"(B) The Administrator shall promulgate a schedule phasing
in any low-polluting fuel requirement established pursuant to
this paragraph to an increasing percentage of new urban buses
purchased or placed into service in each of the first 5 model
years commencing 3 years after the determination under
subparagraph (A). Under such schedule 100 percent of new
urban buses placed into service in the fifth model year
commencing 3 years after the determination under subparagraph (A) shall comply with the low-polluting fuel requirement
established pursuant to this paragraph.
"(C) The Administrator may extend the requirements of this
paragraph to metropolitan statistical areas or consolidated
metropolitan statistical areas with a 1980 population of less
than 750,000, if the Administrator determines that a significant
benefit to public health could be expected to result from such
extension.
"(d) RETROFIT REQUIREMENTS.—Not later than 12 months after the
enactment of the Clean Air Act Amendments of 1990, the Administrator shall promulgate regulations under section 202(a) requiring
that urban buses which—
"(1) are operating in areas referred to in subparagraph (A) of
subsection (c)(2) (or subparagraph (C) of subsection (c)(2) if the
Administrator has taken action under that subparagraph);
"(2) were not subject to standards in effect under the regulations under subsection (a); and
"(3) have their engines replaced or rebuilt after January 1,
1995,
shall comply with an emissions standard or emissions control technology requirement established by the Administrator in such regulations. Such emissions standard or emissions control technology
requirement shall reflect the best retrofit technology and maintenance 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 comparably low-polluting fuel. In determining whether a fuel is
comparably low-polluting, the Administrator shall consider
both the level of emissions of air pollutants from vehicles using
the fuel and the contribution of such emissions to ambient
levels of air pollutants. For purposes of this paragraph, the term
'methanol' includes any fuel which contains at least 85 percent
methanol unless the Administrator increases such percentage
as he deems appropriate to protect public health and welfare."
(b) CONFORMING AMENDMENT.—Section 202(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 information required under section 208;
"(B) for any person to fail or refuse to permit entry, testing or
inspection authorized under section 206(c) or section 208;
"(C) for any person to fail or refuse to perform tests, or have
tests performed as required under section 208;
"(D) for any manufacturer to fail to make information available as provided by regulation under section 202(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 regulations 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 temporary procedure to repair or replace any other item and the device
or element is replaced upon completion of the procedure, and (ii)
such action thereafter results in the proper functioning of the device
or element referred to in paragraph (3). No action with respect to
any device or element of design referred to in paragraph (3) shall be
treated as a prohibited act under that paragraph if the action is for
the purpose of a conversion of a motor vehicle for use of a clean
alternative fuel (as defined in this title) and if such vehicle complies
with the applicable standard under section 202 when operating on
such fuel, and if in the case of a clean alternative fuel vehicle (as
defined by rule by the Administrator), the device or element is
replaced upon completion of the conversion procedure and such
action results in proper functioning of the device or element when
the motor vehicle operates on conventional fuel.".
(c) CIVIL AND ADMINISTRATIVE PENALTIES.—Section 205 of the

Clean Air Act (42 U.S.C. 7524) is amended to read as follows:
"SEC. 205. CIVIL PENALTIES.

"(a) VIOLATIONS.—Any person who violates sections 203(a)(1),
203(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 Administrator may assess any civil penalty prescribed in subsection (a)
of this section, section 211(d), or section 213(d), except that the
maximum amount of penalty sought against each violator in a
penalty assessment proceeding shall not exceed $200,000, unless
the Administrator and the Attorney General jointly determine
that a matter involving a larger penalty amount is appropriate
for administrative penalty assessment. Any such determination
by the Administrator and the Attorney General shall not be
subject to judicial review. Assessment of a civil penalty under
this subsection shall be by an order made on the record after
opportunity for a hearing in accordance with sections 554 and
556 of title 5 of the United States Code. The Administrator shall 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 proposal to issue such order and provide such person an opportunity to request such a hearing on the order, within 30 days of
the date the notice is received by such person. The Administrator may compromise, or remit, with or without conditions,
any administrative penalty which may be imposed under this
section.
"(2) DETERMINING AMOUNT.—In determining the amount of

any civil penalty assessed under this subsection, the Administrator shall take into account the gravity of the violation, the
economic benefit or savings (if any) resulting from the violation,
the size of the violator's business, the violator's history of
compliance with this title, action taken to remedy the violation,
the effect of the penalty on the violator's ability to continue in
business, and such other matters as justice may require.
"(3) EFFECT OF ADMINISTRATOR'S ACTION.—(A) Action by the
Administrator under this subsection shall not affect or limit the
Administrator's authority to enforce any provision of this Act;
except that any violation,
"(i) with respect to which the Administrator has commenced and is diligently prosecuting an action under this
subsection, or
"(ii) for which the Administrator has issued a final order
not subject to further judicial review and the violator has
paid a penalty assessment under this subsection,
shall not be the subject of civil penalty action under subsection
(b).
"(B) No action by the Administrator under this subsection
shall affect any person's obligation to comply with any section
of this Act.
"(4) FiNAUTY OF ORDER.—An order issued under this subsection shall become final 30 days after its issuance unless a
petition for judicial review is filed under paragraph (5).
"(5) JUDICIAL REVIEW.—Any person against whom a civil penalty is assessed in accordance with this subsection may seek
review of the assessment in the United States District Court for
the District of Columbia, or for the district in which the violation is alleged to have occurred, in which such person resides, or
where such person's principal place of business is located,
within the 30-day period beginning on the date a civil penalty

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 Attorney General. The Administrator shall file in the court a certified copy, or certified index, as appropriate, of the record on
which the order was issued within 30 days. The court shall not
set aside or remand any order issued in accordance with the
requirements of this subsection unless there is not substantial
evidence in the record, taken as a whole, to support the finding
of a violation or unless the Administrator's assessment of the
penalty constitutes an abuse of discretion, and the court shall
not impose additional civil penalties unless the Administrator's
assessment of the penalty constitutes an abuse of discretion. In
any proceedings, the United States may seek to recover civil
penalties assessed under this section.
"(6) COLLECTION.—If any person fails to pay an assessment of
a 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 Administrator,
the Administrator shall request the Attorney General to bring a
civil action in an appropriate district court to recover the
amount assessed (plus interest at rates established pursuant to
section 6621(a)(2) of the Internal Revenue Code of 1986 from the
date of the final order or the date of the final judgment, as the
case may be). In such an action, the validity, amount, and
appropriateness of the penalty shall not be subject to review.
Any person who fails to pay on a timely basis the amount of an
assessment of a civil penalty as described in the first sentence of
this paragraph shall be required to pay, in addition to that
amount and interest, the United States' enforcement expenses,
including attorneys fees and costs for collection proceedings,
and a quarterly nonpayment penalty for each quarter during
which such failure to pay persists. The nonpayment penalty
shall be in an amount equal to 10 percent of the aggregate
amount of that person's penalties and 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 prescribed under subsection (c), (k), (1), or (m) of this section which
establishes a regulatory standard based upon a multiday averaging period shall constitute a separate day of violation for each
and every day in the averaging period. Civil penalties shall be
assessed in accordance with subsections (b) and (c) of section 205.

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 subsections (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 corresponding requirements of part C in the case of clean fuel
vehicles unless the manufacturer has complied with the corresponding requirements of part C" and in paragraph (4)(A)
after "complied with" insert "(i)".
(4) At the end of paragraph (4)(B) insert "or the corresponding
requirements of part C in the case of clean fuel vehicles'.
(5) In paragraph (4)(C) insert after "207" the following: "and
the corresponding requirements of part C in the case of clean
fuel vehicles".
(6) In paragraph (4)(D) insert "or the corresponding requirements of part C in the case of clean fuel vehicles" before "with
respect to any vehicle".
(7) Strike the period at the end of paragraph (4) and insert ";
or" and add the following new paragraph after paragraph (4):
"(5) for any person to violate section 218, 219, or part C of this
title or any regulations under section 218, 219, or part C " .
SEC. 229. CLEAN-FUEL VEHICLES.

(a) AMENDMENT TO TITLE II.—Title II of the Clean Air Act is
amended by adding the following new part after part B:

"PART C—CLEAN FUEL VEHICLES
"SEC. 241. DEFINITIONS.

"For purposes of this part—
"(1) TERMS DEFINED IN PART A.—The definitions applicable to
part A under section 216 shall also apply for purposes of this
part.
"(2) CLEAN ALTERNATIVE FUEL.—The term 'clean alternative
fuel' means any fuel (including methanol, ethanol, or other
alcohols (including any mixture thereof containing 85 percent
or more by volume of such alcohol with gasoline or other fuels),
reformulated gasoline, diesel, natural gas, liquefied petroleum
gas, and hydrogen) or power source (including electricity) used
in a clean-fuel vehicle that complies with the standards and
requirements applicable to such vehicle under this title when
using such fuel or power source. In the case of any flexible fuel
vehicle or dual fuel vehicle, the term 'clean alternative fuel'
means only a fuel with respect to which such vehicle was

42 USC 7581.

104 STAT. 2512

PUBLIC LAW 101-549—NOV. 15, 1990
certified as a clean-fuel vehicle meeting the standards applicable 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 standard, NMOG emissions shall be measured in accordance with the
'California Non-Methane Organic Gas Test Procedures'. In the
case of vehicles using fuels other than base gasoline, the level of
NMOG emissions shall be adjusted 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
Sulfur, ppm
Color
Benzene, vol. %
Reid vapor pressure
Drivability
Antiknock index
Distillation, D-86 "F
IBP
10%
50%
90%
EP
Hydrocarbon Type, Vol. % FIA:
Aromatics
Olefins
Saturates

57.8
317
Purple
1.35
8.7
1195
87.3
92
126
219
327
414
30.9
8.2
60.9

The Administrator shall modify the definitions of NMOG, base
gasoline, and the methods for making reactivity adjustments, to
conform to the definitions and method used in California under
the Low-Emission Vehicle and Clean Fuel Regulations of the
California Air Resources Board, so long as the California definitions are, in the aggregate, at 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 operated 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 demonstration vehicles), motor vehicles used for motor vehicle
manufacturer product evaluations or tests, law enforcement
and other emergency vehicles, or nonroad vehicles (including
farm and construction vehicles).

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 relating to on-board diagnostics, evaporative emissions, etc.) which are
applicable to conventional gasoline-fueled vehicles of the same category and model year, except as provided in section 244 with respect
to administration and enforcement, and except to the extent that
any such requirement is in conflict with the provisions of this part.
Clean-fuel vehicles of 8,500 gvwr or greater subject to standards set
forth in this part shall comply with all requirements of this title
which are applicable in the case of conventional gasoline-fueled or
diesel fueled vehicles of the same category and model year, except as
provided in section 244 with respect to administration and enforcement, and except to the extent that any such requirement is in
conflict with the provisions of this part.
"(c) IN-USE USEFUL LIFE AND TESTING.—(1) In the case of light-duty
vehicles and light-duty trucks up to 6,000 lbs gvwr, the useful life for
purposes of determining in-use compliance with the standards under
section 243 shall be—
"(A) a period of 5 years or 50,000 miles (or the equivalent)
whichever first occurs, in the case of standards applicable for
purposes of certification at 50,000 miles; and
"(B) a period of 10 years or 100,000 miles (or the equivalent)
whichever first occurs, in the case of standards applicable for
purposes of certification at 100,000 miles, except that in-use
testing shall not be done for a period beyond 7 years or 75,000
miles (or the equivalent) whichever first occurs.
"(2) In the case of light-duty trucks of more than 6,000 lbs gvwr,
the useful life for purposes of determining in-use compliance with
the standards under section 243 shall be—
"(A) a period of 5 years or 50,000 miles (or the equivalent)
whichever first occurs in the case of standards applicable for
purposes of certification at 50,000 miles; and
"(B) a period of 11 years or 120,000 miles (or the equivalent)
whichever first occurs in the case of standards applicable for

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 L I G H T - D U T Y V E H I C L E S

Pollutant

50,000 mile standard
100,000 mile standard

NMOG

CO

NO,

0.125
0.156

3.4
4.2

0.4
0.6

PM

0.08*

HCHO
(formaldehyde)
. 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 certification, the applicable useful life shall be 50,000 miles or 100,000 miles, respectively.

"(2) PHASE II.—Beginning with model year 2001, for air pollutants specified in the following table, the clean-fuel vehicle
standards under this section shall provide that vehicle exhaust
emissions shall not exceed the levels specified in the following
table.
PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHTDUTY TRUCKS OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS.
GVWR AND LIGHT-DUTY VEHICLES

Pollutant
50,000 mile standard
100,000 mile standard

NMOG CO
0.075
0.090

3.4
4.2

NO,
0.2
0.3

PM*

HCHO
(formaldehyde)

0.015
0.08 0.018

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

"(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 TO 6,000 LBS. GVWR
Pollutant

50,000 mile standard
100,000 mile standard

NMOG

CO

NO,

0.160
0.200

4.4
5.5

0.7
0.9

PM*

HCHO
(formaldehyde)

. 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 certification, the applicable useful life shall be 50,000 miles or 100,000 miles, respectively.

"(2) PHASE II.—Beginning with model year 2001, for the air
pollutants specified in the following table, the clean-fuel vehicle
standards under this section shall provide that vehicle exhaust
emissions shall not exceed the levels specified in the following
table.
PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHTDUTY 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

CO

NO,

0.100
0.130

4.4
5.5

0.4
0.5

PM*

HCHO
(formaldehyde)

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 certification, the applicable useful life shall be 50,000 miles or 100,000 miles, respectively.

"(c) EXHAUST STANDARDS FOR LIGHT-DUTY TRUCKS GREATER THAN

6,000 LBS. GVWR.—The standards set forth in this subsection shall
apply in the case of clean-fuel vehicles which are light-duty trucks of
more than 6,000 lbs. gross weight rating (GVWR) and less than or
equal to 8,500 lbs. GVWR, beginning with model year 1998. For the
air pollutants specified in the following table, the clean-fuel vehicle
standards under this section shall provide that vehicle exhaust
emissions of vehicles within the test weight categories specified in
the following table shall not exceed the levels specified in such table.

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

NMOG
0.125
0.180

CO

NO,

3.4 0.4**
aX) O.fi

PM*

HCHO
(formaldehyde)

0.015
0.08 0.022

Test Weight Category: Above 3,750 but not above 5,750 lbs. tw
Pollutant
50,000 mile standard
120,000 mile standard

NMOG
0.160
0.2.^0

CO

NO,

4.4 0.7**
fi.4 10

PM*

HCHO
(formaldehyde)

0.018
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

NMOG
0.195
0.280

CO

NO,

5.0 1.1**
7..S 1 5

PM*

HCHO
(formaldehyde)

0.022
0.12 0.032

Standards are expressed in grams per mile (gpm).
'Standards for particulates (PM) shall apply only to diesel-fueled vehicles.
*'Standard not applicable to diesel-fueled vehicles.
For the 50,000 mile standards and the 120,000 mile standards set forth in the table, the
applicable useful life for purposes of certification shall be 50,000 miles or 120,000 miles,
respectively.

"(d) FLEXIBLE AND DUAL-FUEL VEHICLES.—

"(1) IN GENERAL.—The Administrator shall establish standards and requirements under this section for the model year
1996 and thereafter for vehicles weighing not more than 8,500
lbs. gvwr which are capable of operating on more than one fuel.
Such standards shall require that such vehicles meet the
exhaust standards applicable under subsection (a), (b), and (c)
for CO, NOx, and HCHO, and if appropriate, PM for single-fuel
vehicles of the same vehicle category and model year.
"(2) EXHAUST NMOG STANDARD FOR OPERATION ON CLEAN
ALTERNATIVE FUEL.—In addition to standards for the pollutants

referred to in paragraph (1), the standards established under
paragraph (1) shall require that vehicle exhaust emissions of
NMOG not exceed the levels (expressed in grams per mile)
specified in the tables below when the vehicle is operated on the
clean alternative fuel for which such vehicle is certified:

PUBLIC LAW 101-549—NOV. 15, 1990
NMOG

104 STAT. 2517

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

Beginning MY 1996:
LDT's (0-3,750 lbs. LVW) and light-duty vehicle^
LDT's (3,751-5,750 lbs. LVW)
Beginning MY 2001:
LDT's (0-3,750 lbs. LVW) and light-duty vehicles
LDT's (3,751-5,750 lbs. LVW)
For
useful
For
useful

Column A
(50,000 mi.)
Standard
(gpm)

Column B
(100,000 mi.)
Standard
(gpm)

0.125
0.160

0.156
0.20

0.075
0.100

0.090
0.130

standards under column A, for purposes of certification under section 206, the applicable
life shall be 50,000 miles.
standards under column B, for purposes of certification under section 206, the applicable
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

0.125
0.160
0.195

0.180
0.230
0.280

Beginning MY 1998:
LDT's (0-3,750 lbs. TW)
LDT's (3,751-5,750 lbs. TW)
LDT's (above 5,750 lbs. TW)
For
useful
For
useful

standards under column A, for purposes of certification under section 206, the applicable
life shall be 50,000 miles.
standards under column B, for purposes of certification under section 206, the applicable
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
W H E N 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)

Beginning MY 1996:
LDT's (0-3,750 lbs. LVW) and light-duty vehicles
LDT's (3,751-5,750 lbs. LVW)

0.25
0.32

Column B
(100,000 mi.)
Standard
(gpm)
0.31
0.40

104 STAT. 2518

PUBLIC LAW 101-549—NOV. 15, 1990

Vehicle Type

Beginning MY 2001:
LDT's (0-3,750 lbs. LVW) and light-duty vehicles.
LDT's (3,751-5,750 lbs. LVW)

Column A
(50,000 mi.)
Standard
(gpm)

Column B
(100,000 mi.)
Standard
(gpm)

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

Beginning MY 1998:
LDT's (0-3,750 lbs. TW)
LDT's (3,751-5,750 lbs. TW)
LDT's (above 5,750 lbs. TW)

Column A
(50,000 mi.)
Standard

Column B
(120,000
mi.)
Standard

0.25
0.32
0.39

0.36
0.46
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 implementing several different sets of standards applicable in California
pursuant to a waiver approved under section 209 to any category of vehicles referred to in subsection (a), (b), (c), or (d) of
this section and each of such sets of California standards is, in
the aggregate, at least as protective of public health and welfare
as the otherwise applicable standards set forth in section 242
and subsection (a), (b), (c), or (d) of this section, such standards
shall be treated as 'qualifying California standards' for purposes
of this paragraph. Where more than one set of qualifying
standards are established and administered by the State of
California, the least stringent set of qualifying California standards shall apply to the clean-fuel vehicles concerned in lieu of

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2519

the standards otherwise applicable to such vehicles under section 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 subsection (a), (b), (c), or (d) of this section are modified after the enactment
of the Clean Air Act of 1990 to provide an emissions standard which
is less stringent than the otherwise applicable standard set forth in
subsection (a), (b), (c), or (d), or if any effective date contained in such
regulations is delayed, such modified standards or such delay (or
both, as the case may be) shall apply, for an interim period, in lieu of
the standard or effective date otherwise applicable under subsection
(a), (b), (c), or (d) to any vehicles covered by such modified standard
or delayed effective date. The interim period shall be a period of not
more than 2 model years from the effective date otherwise
applicable under subsection (a), (b), (c), or (d). After such interim
period, the otherwise applicable standard set forth in subsection (a),
(b), (c), or (d) shall take effect with respect to such vehicles (unless
subsequently replaced under subsection (e)).
"(g) NOT APPLICABLE TO HEAVY-DUTY VEHICLES.—Notwithstanding

any provision of the Low-Emission Vehicle and Clean Fuels Regulations of the California Air Resources Board nothing in this section
shall apply to heavy-duty engines in vehicles of more than 8,500 lbs.
GVWR.
"SEC. 244. ADMINISTRATION AND ENFORCEMENT AS PER CALIFORNIA
STANDARDS.

42 USC 7584.

"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 criteria for a waiver under section 209. Nothing in this section shall
apply in the case of standards under section 245 for heavy-duty
vehicles.
"SEC. 245. STANDARDS FOR HEAVY-DUTY CLEAN-FUEL VEHICLES (GVWR
ABOVE 8,500 UP TO 26,000 LBS).
"(a) MODEL YEARS AFTER 1997; COMBINED 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

42 USC 7585.

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 horsepower 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 Administrator determines that the 50 percent reduction required under
subsection (a) is not technologically feasible for clean diesel-fueled
vehicles and engines, taking into account durability, costs, lead
time, safety, and other relevant factors. To provide adequate lead
time the Administrator shall make a determination with regard to
the technological feasibility of such 50 percent reduction before
December 31,1993.
"(2) Any person may at any time petition the Administrator to
make a determination under paragraph (1). The Administrator shall
act on such a petition within 6 months after the petition is filed.
"(3) Any revised less stringent standards promulgated as provided
in this subsection shall require at least a 30 percent reduction in
lieu of the 50 percent reduction referred to in paragraph (1).
42 u s e 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 nonattainment area with a 1980 population of 250,000 or more
classified under subpart 2 of part D of title I of this Act as
Serious, Severe, or Extreme based on data for the calendar
years 1987, 1988, and 1989. In determining the ozone nonattainment areas to be treated as covered areas pursuant to
this subparagraph, the Administrator shall use the most
recent interpretation methodology issued by the Administrator prior to the enactment of the Clean Air Act Amendments of 1990.
"(B)

CARBON MONOXIDE NONATTAINMENT AREAS.—Any

carbon monoxide nonattainment area with a 1980 population of 250,000 or more and a carbon monoxide design
value at or above 16.0 parts per million based on data for
calendar years 1988 and 1989 (as calculated according to the
most recent interpretation methodology issued prior to
enactment of the Clean Air Act Amendments of 1990 by the
United States Environmental Protection Agency), excluding those carbon monoxide nonattainment areas in which
mobile sources do not contribute significantly to carbon
monoxide exceedances.

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 reclassification. Such plan revision shall implement the requirements
applicable under this subsection at the time of reclassification
and thereafter, except that the Administrator may adjust for a
limited period the deadlines for compliance where compliance
with such deadlines would be infeasible,
"(4) CONSULTATION; CONSIDERATION OF FACTORS.—Each State
required to submit an implementation plan revision under this
subsection shall develop such revision in consultation with fleet
operators, vehicle manufacturers, fuel producers and distributors, motor vehicle fuel, and other interested parties, taking
into consideration operational range, specialty uses, vehicle and
fuel availability, costs, safety, resale values of vehicles and
equipment and other relevant factors.
"(b) PHASE-IN OF REQUIREMENTS.—The plan revision required
under this section shall contain provisions requiring that at least a
specified percentage of all new covered fleet vehicles in model year
1998 and thereafter purchased by each covered fleet operator in
each covered area shall be clean-fuel vehicles and shall use clean
alternative fuels when operating in the covered area. For the
applicable model years (MY) specified in the following table and
thereafter, the specified percentage shall be as provided in the table
for the vehicle types set forth in the table:
CLEAN FUEL VEHICLE PHASE-IN REQUIREMENTS FOR FLEETS
Vehicle Type
Light-duty trucks up to 6,000 lbs. GVWR and
light-duty vehicles
Heavy-duty trucks above 8,500 lbs. GVWR

MY1998

MY1999

MY2000

30%
50%

50%
50%

70%
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 cleanfuel 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 revision shall require fuel providers to make clean alternative fuel
available to covered fleet operators at locations at which covered
fleet vehicles are centrally fueled.
"(f) CREDITS.—
"(1) ISSUANCE OF CREDITS.—The

State plan revision required
under this section shall provide for the issuance by the State of
appropriate credits to a fleet operator for any of the following
(or any combination thereof):
"(A) The purchase of more clean-fuel vehicles than
required under this section.
"(B) The purchase of clean fuel vehicles which meet more
stringent standards established by the Administrator
pursuant to paragraph (4).
"(C) The purchase of vehicles in categories which are not
covered by this section but which meet standards established for such vehicles under paragraph (4).
"(2) USE OF CREDITS; LIMITATIONS BASED ON WEIGHT CLASSES.—

"(A) USE OF CREDITS.—Credits under this subsection may
be used by the person holding such credits to demonstrate
compliance with this section or may be traded or sold for
use by any other person to demonstrate compliance with
other requirements applicable under this section in the
same nonattainment area. Credits obtained at any time
may be held or banked for use at any later time, and when
so used, such credits shall maintain the same value as if
used at an earlier date.
"(B)

LIMITATIONS BASED ON WEIGHT CLASSES.—Credits

issued with respect to the purchase of vehicles of up to 8,500
lbs. GVWR may not be used to demonstrate compliance by
any person with the requirements applicable under this
subsection to vehicles of more than 8,500 lbs. GVWR. Credits issued with respect to the purchase of vehicles of more
than 8,500 lbs. GVWR may not be used to demonstrate
compliance by any person with the requirements applicable
under this subsection to vehicles weighing up to 8,500 lbs.
GVWR.
"(C) WEIGHTING.—Credits issued for purchase of a clean
fuel vehicle under this subsection shall be adjusted with
appropriate weighting to reflect the level of emission reduction achieved by the vehicle.
"(3) REGULATIONS AND ADMINISTRATION.—Within 12 months

after the enactment of the Clean Air Act Amendments of 1990,
the Administrator shall promulgate regulations for such credit
program. The State shall administer the credit program established under this subsection.
"(4) STANDARDS FOR ISSUING CREDITS FOR CLEANER VEHICLES.—

Solely for purposes of issuing credits under paragraph (1)(B), the
Administrator shall establish under this paragraph standards
for Ultra-Low Emission Vehicles 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 comparable standards for purposes of this subsection.
"(5) EARLY FLEET CREDITS.—The State plan revision shall provide credits under this subsection to fleet operators that purchase vehicles certified to meet clean-fuel vehicle standards
under this part during any period after approval of the plan
revision and prior to the effective date of the fleet program
under this section.
"(g) AVAILABILITY TO THE PUBLIC.—At any facility owned or operated by a department, agency, or instrumentality of the United
States where vehicles subject to this subsection are supplied with
clean alternative fuel, such fuel shall be offered for sale to the public
for use in other vehicles during reasonable business times and
subject to national security concerns, unless such fuel is commercially available for vehicles in the vicinity of such Federal facilities.
"(h) TRANSPORTATION CONTROL MEASURES.—The Administrator
shall by rule, within 1 year after the enactment of the Clean Air Act
Amendments of 1990, ensure that certain transportation control
measures including time-of-day or day-of-week restrictions, and
other similar measures that restrict vehicle usage, do not apply to
any clean-fuel vehicle that meets the requirements of this section.
This subsection shall apply notwithstanding title I.
"SEC. 247. VEHICLE CONVERSIONS.
"(a) CONVERSION OF EXISTING AND N E W CONVENTIONAL VEHICLES
TO CLEAN-FUEL VEHICLES.—The requirements of section 246 may be

met through the conversion of existing or new gasoline or dieselpowered vehicles to clean-fuel vehicles which comply with the
applicable requirements of that section. For purposes of such provisions the conversion of a vehicle to clean fuel vehicle shall be
treated as the purchase of a clean fuel vehicle. Nothing in this part
shall be construed to provide that any covered fleet operator subject
to fleet vehicle purchase requirements under section 246 shall be
required to convert existing or new gasoline or diesel-powered
vehicles to clean-fuel vehicles or to purchase converted vehicles.
"(b) REGULATIONS.—The Administrator shall, within 24 months
after the enactment of the Clean Air Act Amendments of 1990,
consistent with the requirements of this title applicable to new
vehicles, promulgate regulations governing conversions of conventional vehicles to clean-fuel vehicles. Such regulations shall establish criteria for such conversions which will ensure that a converted
vehicle will comply with the standards applicable under this part to
clean-fuel vehicles. Such regulations shall provide for the application to such conversions of the same provisions of this title (including provisions relating to administration enforcement) as are
applicable to standards under section 242, 243, 244, and 245, except
that in the case of conversions the Administrator may modify the

42 USC 7587.

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 cleanfuel vehicles.
42 u s e 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 appropriated for the Administrator of General Services pursuant to the
authorization under this section shall be added to the General
Supply Fund established in section 109 of the Federal Property and
Administrative Services Act of 1949.
"SEC. 249. CALIFORNIA PILOT TEST PROGRAM.

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 nonattainment areas.
"(b) APPLICABILITY.—The provisions of this section shall only
apply to light-duty trucks and light-duty vehicles, and such provisions shall apply only in the State of California, except as provided
in subsection (f).
"(c) PROGRAM REQUIREMENTS.—Not later than 24 months after the Regulations,
enactment of the Clean Air Act Amendments of 1990, the Administrator shall promulgate regulations establishing requirements
under this section applicable in the State of California. The regulations shall provide the following:
"(1) CLEAN-FUEL VEHICLES.—Clean-fuel vehicles shall be produced, sold, and distributed (in accordance with normal business
practices and applicable franchise agreements) to ultimate purchasers in California (including owners of covered fleets
referred to in section 246) in numbers that meet or exceed the
following schedule:
Model Years
1996, 1997, 1998
1999 and thereafter

Number of
Clean-Fuel
Vehicles
150,000 vehicles
300,000 vehicles

"(2) CLEAN ALTERNATIVE FUELS.—(A) Within 2 years after the
enactment of the Clean Air Act Amendments of 1990, the State
of California shall submit a revision of the applicable
implementation plan under part D of title I and section 110
containing a clean fuel plan that requires that clean alternative
fuels on which the clean-fuel vehicles required under this paragraph can operate shall be produced and distributed by fuel
suppliers and made available in California. At a minimum,
sufficient clean alternative fuels shall be produced, distributed
and made available to assure that all clean-fuel vehicles
required under this section can operate, to the maximum extent
practicable, exclusively on such fuels in California. The State
shall require that clean alternative fuels be made available and
offered for sale at an adequate number of locations with sufficient geographic distribution to ensure convenient refueling

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 available for use after consideration of enforceability, environmental, and economic factors and upon such terms and conditions as the State finds appropriate.
"(C) The State may also by regulation establish specifications
for any clean alternative fuel produced and made available
under this paragraph as the State finds necessary to reduce or
eliminate an unreasonable risk to public health, welfare, or
safety associated with its use or to ensure acceptable vehicle
maintenance and performance characteristics.
"(D) If a retail gasoline dispensing facility would have to
remove or replace one or more motor vehicle fuel underground
storage tanks and accompanying piping in order to comply with
the provisions of this section, and it had removed and replaced
such tank or tanks and accompanying piping in order to comply
with subtitle I of the Solid Waste Disposal Act prior to the date
of the enactment of the Clean Air Act Amendments of 1990, it
shall not be required to comply with this subsection until a
period of 7 years has passed from the date of the removal and
replacement of such tank or tanks.
"(E) Nothing in this section authorizes any State other than
California to adopt provisions regarding clean alternative fuels.
"(F) If the State of California fails to adopt a clean fuel
program that meets the requirements of this paragraph, the
Administrator shall, within 4 years after the enactment of the
Clean Air Act Amendments of 1990, establish a clean fuel
program for the State of California under this paragraph and
section 110(c) that meets the requirements of this paragraph.
"(d)

CREDITS FOR MOTOR VEHICLE MANUFACTURERS.—(1)

The

Administrator may (by regulation) grant a motor vehicle manufacturer an appropriate amount of credits toward fulfillment of such
manufacturer's share of the requirements of subsection (c)(1) of this
section for any of the following (or any combination thereof):
"(A) The sale of more clean-fuel vehicles than required under
subsection (c)(1) of this section.
"(B) The sale of clean fuel vehicles which meet standards
established by the Administrator as provided in paragraph (3)
which are more stringent than the clean-fuel vehicle standards
otherwise applicable to such clean-fuel vehicle. A manufacturer
granted credits under this paragraph may transfer some or all
of the credits for use by one or more other manufacturers in
demonstrating compliance with the requirements prescribed
under this paragraph. The Administrator may make the credits
available for use after consideration of enforceability, environmental, and economic factors and upon such terms and 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 Amendments of 1990, the Administrator shall promulgate regulations for
such credit program.
"(3) STANDARDS FOR ISSUING CREDITS FOR CLEANER VEHICLES.—The

more stringent standards and other requirements (including
requirements relating to the weighting of credits) established by the
Administrator for purposes of the credit program under 245(e) (relating to credits for clean fuel vehicles in the fleets program) shall also
apply for purposes of the credit program under this paragraph.
"(e) PROGRAM EVALUATION.—(1) Not later than June 30, 1994 and 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 evaluate the level of emission reductions achieved under the program, the
costs of the program, the advantages and disadvantages of extending
the program to other nonattainment areas, and desirability of
continuing or expanding the program in California.
"(3) The program under this section cannot be extended or terminated by the Administrator except by Act of Congress enacted after
the date of the Clean Air Act Amendments of 1990. Section 177 of
this Act does not apply to the program under this section.
"(f) VOLUNTARY OPT-IN FOR OTHER STATES.—

"(1) EPA REGULATIONS.—Not later than 2 years after the
enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate regulations establishing a voluntary opt-in program under this subsection pursuant to
which—
"(A) clean-fuel vehicles which are required to be produced, sold, and distributed in the State of California under
this section, and
"(B) clean alternative fuels required to be produced and
distributed under this section by fuel suppliers and made
available in California
may also be sold and used in other States which submit plan
revisions under paragraph (2).
"(2) PLAN REVISIONS.—Any State in which there is located all
or part of an ozone nonattainment area classified under subpart
D of title I as Serious, Severe, or Extreme may submit a revision
of the applicable implementation plan under part D of title I
and section 110 to provide incentives for the sale or use in such
an area or State of clean-fuel vehicles which are required to be
produced, sold, and distributed in the State of California, and
for the use in such an area or State of clean alternative fuels

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 registered in the State which are not clean-fuel vehicles in the
amount of at least 1 percent of the cost of the vehicle. The
proceeds of such fee shall be used to provide financial
incentives to purchasers of clean-fuel vehicles and to
vehicle dealers who sell high volumes or high percentages
of clean-fuel vehicles and to defray the administrative costs
of the incentive program.
"(B) Provisions to exempt clean-fuel vehicles from high
occupancy vehicle or trip reduction requirements.
"(C) Provisions to provide preference in the use of existing parking spaces for clean-fuel vehicles.
The incentives under this paragraph shall not apply in the case
of covered fleet vehicles.
"(4) No SALES OR PRODUCTION MANDATE.—The regulations and
plan revisions under paragraphs (1) and (2) shall not include
any production or sales mandate for clean-fuel vehicles or clean
alternative fuels. Such regulations and plan revisions shall also
provide that vehicle manufacturers and fuel suppliers may not
be subject to penalties or sanctions for failing to produce or sell
clean-fuel vehicles or clean alternative fuels.

42 use 7590.

Regulations.

"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 Administrator authority to mandate marketing or pricing practices, policies,
or strategies for fuels.
"(c) TANK AND FuEL SYSTEM SAFETY.—The Secretary of Transportation shall, in accordance with the National Motor Vehicle Traffic
Safety Act of 1966, promulgate applicable regulations regarding the
safety and use of fuel storage cylinders and fuel systems, including
appropriate testing and retesting, in conversions of motor vehicles.
"(d) CONSULTATION WITH DEPARTMENT OF ENERGY AND 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))".
42 USC 7546.
(10) Strike out section 212.

PART B—OTHER PROVISIONS
SEC. 231. ETHANOL SUBSTITUTE FOR DIESEL.

Within one year after the enactment of the Clean Air Act 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 California 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, structure, operation, or performance of aircraft engines;
(5) whether such technologies impair the effectiveness and
accuracy of aircraft engine safety design, and performance tests
conducted in test cells; and
(6) the impact of not controlling such oxides of nitrogen in the
applicable nonattainment areas and on other sources, stationary and mobile, on oxides of nitrogen in such areas.
(b) REPORT, AUTHORITY TO REGULATE.—Not later than 24 months
after enactment of the Clean Air Act Amendments of 1990, the
Administrator of the Environmental Protection Agency and the
Secretary of Transportation shall submit to Congress a report of the
study conducted under this section. Following the completion of
such study, any of the States may adopt or enforce any standard for
emissions of oxides of nitrogen from test cells only after issuing a
public notice stating whether such standards are in accordance with
the findings of the study.
SEC. 234. FUGITIVE DUST.

(a) Prior to any use of the Industrial Source Complex (ISC) Model
using 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 enactment of the Clean Air Act Amendments of 1990. Until such time as
the Administrator develops a revised model for surface mine fugitive emissions, the State may use alternative empirical based
modeling approaches pursuant to guidelines issued by the Administrator.".
SEC. 235. FEDERAL COMPLIANCE.

42 use 7418.

Section 118 of the Clean Air Act is amended by inserting "GENERAL COMPLIANCE.—" after "SEC. 118. (a)" and by adding at the end

thereof the following:
"(c) GOVERNMENT VEHICLES.—Each department, agency, and

instrumentality of executive, legislative, and judicial branches of
the Federal Government shall comply with all applicable provisions
of a valid inspection and maintenance program established under
the provisions of subpart 2 of part D or subpart 3 of part D except for
such vehicles that are considered military tactical vehicles.
"(d)

VEHICLES

OPERATED ON FEDERAL

INSTALLATIONS.—Each

department, agency, and instrumentality of executive, legislative.

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 inspection and maintenance program established under the provisions of
subpart 2 of part D or subpart 3 of part D for the State in which
such property or facility is located (without regard to whether such
vehicles are registered in the State). The installation shall use one of
the following methods to establish proof of compliance—
"(1) presentation by the vehicle owner of a valid certificate of
compliance from the vehicle inspection and maintenance
program;
"(2) presentation by the vehicle owner of proof of vehicle
registration within the geographic area covered by the vehicle
inspection and maintenance program (except for any program
whose enforcement mechanism is not through the denial of
vehicle registration);
"(3) another method approved by the vehicle inspection and
maintenance program administrator.".

TITLE III—HAZARDOUS AIR POLLUTANTS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.

Hazardous Air Pollutants.
Conforming Amendment.
Risk Assessment and Management Commission.
Chemical Process Safety Management.
Solid Waste Combustion.
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 pollutants. The Administrator may establish a lesser quantity, or in
the case of radionuclides different criteria, for a major source
than that specified in the previous sentence, on the basis of the
potency of the air pollutant, persistence, potential for
bioaccumulation, other characteristics of the air pollutant, or
other relevant factors.
"(2) AREA SOURCE.—The term 'area source' means any stationary source of hazardous air pollutants that is not a major
source. For purposes of this section, the term 'area source' shall
not include motor vehicles or nonroad vehicles subject to regulation under title II.
"(3) STATIONARY SOURCE.—The term 'stationary source' shall
have the same meaning as such term has under section 111(a).
"(4) NEW SOURCE.—The term 'new source' means a stationary
source the construction or reconstruction of which is commenced after the Administrator first proposes regulations

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 physical change in, or change in the method of operation of, a major
source which increases the actual emissions of any hazardous
air pollutant emitted by such source by more than a de minimis
amount or which results in the emission of any hazardous air
pollutant not previously emitted by more than a de minimis
amount.
"(6) HAZARDOUS AIR POLLUTANT.—The term 'hazardous air
pollutant' means any air pollutant listed pursuant to subsection
(b).
"(7) ADVERSE ENVIRONMENTAL EFFECT.—The term 'adverse
environmental effect' means any significant and widespread
adverse effect, which may reasonably be anticipated, to wildlife,
aquatic life, or other natural resources, including adverse
impacts on populations of endangered or threatened species or
significant degradation of environmental quality over broad
areas.
"(8) ELECTRIC UTILITY STEAM GENERATING UNIT.—The term
'electric utility steam generating unit' means any fossil fuel
fired combustion unit of more than 25 megawatts that serves a
generator that produces electricity for sale. A unit that
cogenerates steam and electricity and supplies more than onethird of its potential electric output capacity and more than 25
megawatts electrical output to any utility power distribution
system for sale shall be considered an electric utility steam
generating unit.
"(9) OWNER OR OPERATOR.—The term 'owner or operator'
means any person who owns, leases, operates, controls, or supervises a stationary source.
"(10) EXISTING SOURCE.—The term 'existing source' means any
stationary source other than a new source.
"(11) CARCINOGENIC EFFECT.—Unless revised, the term
'carcinogenic effect' shall have the meaning provided by the
Administrator under Guidelines for Carcinogenic Risk Assessment as of the date of enactment. Any revisions in the existing
Guidelines shall be subject to notice and opportunity for comment.
"(b) LIST OF POLLUTANTS.—
"(1) INITIAL UST.—The

Congress establishes for purposes of
this section a list of hazardous air pollutants as follows:

numter
75070
60355
75058
98862
53963
107028
79061
79107
107131
107051
92671
62533
90040
1332214

Chemical name
Acetaldehyde
Acetamide
Acetonitrile
Acetophenone
2-Acetylaminofluorene
Acrolein
Acrylamide
Acrylic acid
Acrylonitrile
AUyl chloride
4-Aminobiphenyl
Aniline
o-Anisidine
Asbestos

.

PUBLIC LAW 101-549—NOV. 15, 1990
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. 2533

104 STAT. 2534
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

PUBLIC LAW 101-549—NOV. 15, 1990
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
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

104 STAT. 2535

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 periodically review the list established by this subsection and publish
the results thereof and, where appropriate, revise such list by
rule, adding pollutants which present, or may present, through
inhalation or other routes of exposure, a threat of adverse
human health effects (including, but not limited to, substances
which are known to be, or may reasonably be anticipated to be,

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 otherwise, but not including releases subject to regulation under
subsection (r) as a result of emissions to the air. No air pollutant
which is listed under section 108(a) may be added to the list
under this section, except that the prohibition of this sentence
shall not apply to any pollutant which independently meets the
listing criteria of this paragraph and is a precursor to a pollutant which is listed under section 108(a) or to any pollutant
which is in a class of pollutants listed under such section. No
substance, practice, process or activity regulated under title VI
of this Act shall be subject to regulation under this section
solely due to its adverse effects on the environment.
"(3) PETITIONS TO MODIFY THE LIST.—

»

"(A) Beginning at any time after 6 months after the date
of enactment of the Clean Air Act Amendments of 1990,
any person may petition the Administrator to modify the
list of hazardous air pollutants under this subsection by
adding or deleting a substance or, in case of listed
pollutants without CAS numbers (other than coke oven
emissions, mineral fibers, or polycyclic organic matter)
removing certain unique substances. Within 18 months
after receipt of a petition, the Administrator shall either
grant or deny the petition by publishing a written explanation of the reasons for the Administrator's decision. Any
such petition shall include a showing by the petitioner that
there is adequate data on the health or environmental
defects of the pollutant or other evidence adequate to support the petition. The Administrator may not deny a petition solely on the basis of inadequate resources or time for
review.
"(B) The Administrator shall add a substance to the list
upon a showing by the petitioner or on the Administrator's
own determination that the substance is an air pollutant
and
that
emissions,
ambient
concentrations,
bioaccumulation or deposition of the substance are known
to cause or may reasonably be anticipated to cause adverse
effects to human health or adverse environmental effects.
"(C) The Administrator shall delete a substance from the
list upon a showing by the petitioner or on the Administrator's own determination that there is adequate data on the
health and environmental effects of the substance to determine that emissions, ambient concentrations, bioaccumulation or deposition of the substance may not reasonably be
anticipated to cause any adverse effects to the human
health or adverse environmental effects.
"(D) The Administrator shall delete one or more unique
chemical substances that contain a listed hazardous air
pollutant not having a CAS number (other than coke oven
emissions, mineral fibers, or polycyclic organic matter)
upon a showing by the petitioner or on the Administrator's
own determination that such unique chemical substances
that contain the named chemical of such listed hazardous
air pollutant meet the deletion requirements of subparagraph (C). The Administrator must grant or deny a deletion

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 available to the Administrator to acquire such information.
"(5) TEST METHODS.—The Administrator may establish, by

rule, test measures and other analj^ic procedures for monitoring and measuring emissions, ambient concentrations, deposition, 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 categories and subcategories the Administrator lists, the Administrator shall establish emissions standards under subsection (d),
according to the schedule in this subsection and subsection (e).
"(3) AREA SOURCES.—The Administrator shall list under this 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 estimated aggregate emissions of a listed pollutant or pollutants,
sufficient categories or subcategories of area sources to ensure
that area sources representing 90 percent of the area source
emissions of the 30 hazardous air pollutants that present the
greatest threat to public health in the largest number of urban
areas are subject to regulation under this section. Such regulations shall be promulgated not later than 10 years after such
date of enactment.
"(4) PREVIOUSLY REGULATED CATEGORIES.—The Administrator
may, in the Administrator's discretion, list any category or
subcategory of sources previously regulated under this section

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 categories and subcategories listed after publication of the initial
list required under paragraph (1) or (3), emission standards
under subsection (d) for the category or subcategory shall be
promulgated within 10 years after the date of enactment of the
Clean Air Act Amendments of 1990, or within 2 years after the
date on which such category or subcategory is listed, whichever
is later.
"(6) SPECIFIC POLLUTANTS.—With respect to alkylated lead
compounds, polycyclic organic matter, hexachlorobenzene,
mercury,
polychlorinated
biphenyls,
2,3,7,8-tetrachlorodibenzofurans and 2,3,7,8-tetrachlorodibenzo-p-dioxin, the
Administrator shall, not later than 5 years after the date of
enactment of the Clean Air Act Amendments of 1990, list
categories and subcategories of sources assuring that sources
accounting for not less than 90 per centum of the aggregate
emissions of each such pollutant are subject to standards under
subsection (d)(2) or (d)(4). Such standards shall be promulgated
not later than 10 years after such date of enactment. This
paragraph shall not be construed to require the Administrator
to promulgate standards for such pollutants emitted by electric
utility steam generating units.
"(7) RESEARCH 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 conduct research and development into new processes and products, where such source is operated under the close supervision
of technically trained personnel and is not engaged in the
manufacture of products for commercial sale in commerce,
except in a de minimis manner.
"(8) BOAT MANUFACTURING.—When establishing

emissions

standards for styrene, the Administrator shall list boat manufacturing as a separate subcategory unless the Administrator
finds that such listing would be inconsistent with the goals and
requirements of this Act.
"(9) DELETIONS FROM THE 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 appropriate because of action taken under either subparagraphs
(C) or (D) of subsection (b)(3).
"(B) The Administrator may delete any source category
from the list under this subsection, on petition of any
person or on the Administrator's own motion, whenever the
Administrator makes the following determination or determinations, as applicable:

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 category (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 determination that emissions from no source in the category or
subcategory concerned (or group of sources in the case
of area sources) exceed a level which is adequate to
protect public health with an ample margin of safety
and no adverse environmental effect will result from
emissions from any source (or from a group of sources
in the case of area sources).
The Administrator shall grant or deny a petition under this
paragraph within 1 year after the petition is filed.
'(d) EMISSION STANDARDS.—

"(1) I N 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 provided by this sentence.
"(2) STANDARDS AND METHODS.—Emissions standards promulgated under this subsection and applicable to new or existing
sources of hazardous air pollutants shall require the maximum
degree of reduction in emissions of the hazardous air pollutants
subject to this section (including a prohibition on such emissions, where achievable) that the Administrator, taking into
consideration the cost of achieving such emission reduction, and
any non-air quality health and environmental impacts and
energy requirements, determines is achievable for new or existing sources in the category or subcategory to which such
emission standard applies, through application of measures,
processes, methods, systems or techniques including, but not
limited to, measures which—
"(A) reduce the volume of, or eliminate emissions of, such
pollutants through process changes, substitution of materials or other modifications,
"(B) enclose systems or processes to eliminate emissions,
"(C) collect, capture or treat such pollutants when
released from a process, stack, storage or fugitive emissions
point,
"(D) are design, equipment, work practice, or operational
standards (including requirements for operator training or
certification) as provided in subsection (h), or
"(E) are a combination of the above.

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) N E W AND EXISTING SOURCES.—The maximum degree of
reduction in emissions that is deemed achievable for new
sources in a category or subcategory shall not be less stringent
than the emission control that is achieved in practice by the
best controlled similar source, as determined by the Administrator. Emission standards promulgated under this subsection
for existing sources in a category or subcategory may be less
stringent than standards for new sources in the same category
or subcategory but shall not be less stringent, and may be more
stringent than—
"(A) the average emission limitation achieved by the best
performing 12 percent of the existing sources (for which the
Administrator has emissions information), excluding those
sources that have, within 18 months before the emission
standard is proposed or within 30 months before such standard is promulgated, whichever is later, first achieved a level
of emission rate or emission reduction which complies, or
would comply if the source is not subject to such standard,
with the lowest achievable emission rate (as defined by
section 171) applicable to the source category and prevailing at the time, in the category or subcategory for categories and subcategories with 30 or more sources, or
"(B) the average emission limitation achieved by the best
performing 5 sources (for which the Administrator has or
could reasonably obtain emissions information) in the category or subcategory for categories or subcategories with
fewer than 30 sources.
"(4) HEALTH THRESHOLD.—With respect to pollutants for
which a health threshold has been established, the Administrator may consider such threshold level, with an ample margin
of safety, when establishing emission standards under this
subsection.
"(5) ALTERNATIVE STANDARD FOR AREA SOURCES.—With respect
only to categories and subcategories of area sources listed
pursuant to subsection (c), the Administrator may, in lieu of the
authorities provided in paragraph (2) and subsection (f), elect to
promulgate standards or requirements applicable to sources in
such categories or subcategories which provide for the use of
generally available control technologies or management practices by such sources to reduce emissions of hazardous air
pollutants.
"(6) REVIEW AND REVISION.—The Administrator shall review,
and revise as necessary (taking into account developments in
practices, processes, and control technologies), emission standards promulgated under this section no less often than every 8
years.
"(7) OTHER REQUIREMENTS PRESERVED.—No emission standard

or other requirement promulgated under this section shall be
interpreted, construed or applied to diminish or replace the
requirements of a more stringent emission limitation or other
applicable requirement established pursuant to section 111, part

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 standards under paragraphs (2) and (3) of this subsection for coke
oven batteries. In establishing such standards, the Administrator shall evaluate—
"(i) the use of sodium silicate (or equivalent) luting
compounds to prevent door leaks, and other operating
practices and technologies for their effectiveness in
reducing coke oven emissions, and their suitability for
use on new and existing coke oven batteries, taking
into account costs and reasonable commercial door
warranties; and
,
"(ii) as a basis for emission standards under this
subsection for new coke oven batteries that begin
construction after the date of proposal of such standards, the Jewell design Thompson non-recovery coke
oven batteries and other non-recovery coke oven technologies, and other appropriate emission control and
coke production technologies, as to their effectiveness
in reducing coke oven emissions and their capability
for production of steel quality coke.
Such regulations shall require at a minimum that coke
oven batteries will not exceed 8 per centum leaking doors, 1
per centum leaking lids, 5 per centum leaking offtakes, and
16 seconds visible emissions per charge, with no exclusion
for emissions during the period after the closing of selfsealing 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 control and is achievable, taking into account costs and
reasonable commercial warranties for doors and
related equipment; and
"(ii) door and jam cleaning practices.
Notwithstanding subsection (i), the compliance date for
such work practice regulations for coke oven batteries shall
be not later than the date 3 years after the date of enactment of the Clean Air Act Amendments of 1990.
"(C) For coke oven batteries electing to qualify for an
extension of the compliance date for standards promulgated
under subsection (f) in accordance with subsection (i)(8), the
emission standards under this subsection for coke oven
batteries shall require that coke oven batteries not exceed 8
per centum leaking doors, 1 per centum leaking lids, 5 per
centum leaking offtakes, and 16 seconds visible emissions
per charge, with no exclusion for emissions during the
period after the closing of self-sealing doors. Notwithstanding subsection (i), the compliance date for such emission
standards for existing coke oven batteries seeking an exten-

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 category or subcategory of facilities licensed by the Nuclear
Regulatory Commission (or an Agreement State) is required to
be promulgated under this section if the Administrator determines, by rule, and after consultation with the Nuclear Regulatory Commission, that the regulatory program established by
the Nuclear Regulatory Commission pursuant to the Atomic
Energy Act for such category or subcategory provides an ample
margin of safety to protect the public health. Nothing in this
subsection shall preclude or deny the right of any State or
political subdivision thereof to adopt or enforce any standard or
limitation respecting emissions of radionuclides which is more
stringent than the standard or limitation in effect under section
111 or this section.
"(10) EFFECTIVE DATE.—Emission standards or other regulations promulgated under this subsection shall be effective upon
promulgation,
"(e) SCHEDULE FOR STANDARDS AND REVIEW.—

Regulations.

"(1) IN GENERAL.—The Administrator shall promulgate regulations establishing emission standards for categories and
subcategories of sources initially listed for regulation pursuant
to subsection (c)(1) as expeditiously as practicable, assuring
that—
"(A) emission standards for not less than 40 categories
and subcategories (not counting coke oven batteries) shall
be promulgated not later than 2 years after the date of
enactment of the Clean Air Act Amendments of 1990;
"(B) emission standards for coke oven batteries shall be
promulgated not later than December 31,1992;
"(C) emission standards for 25 per centum of the listed
categories and subcategories shall be promulgated not later
than 4 years after the date of enactment of the Clean Air
Act Amendments of 1990;
"(D) emission standards for an additional 25 per centum
of the listed categories and subcategories shall be promulgated not later than 7 years after the date of enactment of
the Clean Air Act Amendments of 1990; and
"(E) emission standards for all categories and
subcategories shall be promulgated not later than 10 years
after the date of enactment of the Clean Air Act Amendments of 1990.
"(2) In determining priorities for promulgating standards
under subsection (d), the Administrator shall consider—
"(A) the known or anticipated adverse effects of such
pollutants on public health and the environment;
"(B) the quantity and location of emissions or reasonably
anticipated emissions of hazardous air pollutants that each
category or subcategory will emit; and
"(C) the efficiency of grouping categories or subcategories
according to the pollutants emitted, or the processes or
technologies used.
"(3) PUBLISHED SCHEDULE.—Not later than 24 months after
the date of enactment of the Clean Air Act Amendments of 1990
and after opportunity for comment, the Administrator shall

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 paragraph shall be subject to review under section 304 of this Act.
"(4) JUDICIAL REVIEW.—Notwithstanding section 307 of this
Act, no action of the Administrator adding a pollutant to the
list under subsection (b) or listing a source category or subcategory under subsection (c) shall be a final agency action
subject to judicial review, except that any such action may be
reviewed under such section 307 when the Administrator issues
emission standards for such pollutant or category.
"(5) PUBLICLY OWNED TREATMENT WORKS.—The Administrator
shall promulgate standards pursuant to subsection (d)
applicable to publicly owned treatment works (as defined in title
II of the Federal Water Pollution Control Act) not later than 5
years after the date of enactment of the Clean Air Act Amendments of 1990.
"(f) STANDARD TO PROTECT HEALTH AND THE ENVIRONMENT.—

"(1) REPORT.—Not later than 6 years after the date of enactment of the Clean Air Act Amendments of 1990 the Administrator shall investigate and report, after consultation with the
Surgeon General and after opportunity for public comment, to
Congress on—
"(A) methods of calculating the risk to public health
remaining, or likely to remain, from sources subject to
regulation under this section after the application of standards under subsection (d);
"(B) the public health significance of such estimated
remaining risk and the technologically and commercially
available methods and costs of reducing such risks;
"(C) the actual health effects with respect to persons
living in the vicinity of sources, any available epidemiological or other health studies, risks presented by background
concentrations of hazardous air pollutants, any uncertainties in risk assessment methodology or other health assessment technique, and any negative health or environmental
consequences to the community of efforts to reduce such
risks; and
"(D) recommendations as to legislation regarding such
remaining risk.
"(2) EMISSION STANDARDS.—

"(A) If Congress does not act on any recommendation
submitted under paragraph (1), the Administrator shall,
within 8 years after promulgation of standards for each
category or subcategory of sources pursuant to subsection
(d), promulgate standards for such category or subcategory
if promulgation of such standards is required in order to
provide an ample margin of safety to protect public health
in accordance with this section (as in effect before the date
of enactment of the Clean Air Act Amendments of 1990) or
to prevent, taking into consideration costs, energy, safety,
and other relevant factors, an adverse environmental

104 STAT. 2544

PUBLIC LAW 101-549—NOV. 15, 1990
effect. Emission standards promulgated under this subsection shall provide an ample margin of safety to protect
public health in accordance with this section (as in effect
before the date of enactment of the Clean Air Act Amendments of 1990), unless the Administrator determines that a
more stringent standard is necessary to prevent, taking into
consideration costs, energy, safety, and other relevant factors, an adverse environmental effect. If standards promulgated pursuant to subsection (d) and applicable to a category or subcategory of sources emitting a pollutant (or
pollutants) classified as a known, probable or possible
human carcinogen do not reduce lifetime excess cancer
risks to the individual most exposed to emissions from a
source in the category or subcategory to less than one in
one million, the Administrator shall promulgate standards
under this subsection for such source category.
"(B) Nothing in subparagraph (A) or in any other provision of this section shall be construed as affecting, or applying to the Administrator's interpretation of this section, as
in effect before the date of enactment of the Clean Air Act
Amendments of 1990 and set forth in the Federal Register
of September 14,1989 (54 Federal Register 38044).
"(C) The Administrator shall determine whether or not to
promulgate such standards and, if the Administrator
decides to promulgate such standards, shall promulgate the
standards 8 years after promulgation of the standards
under subsection (d) for each source category or subcategory
concerned. In the case of categories or subcategories for
which standards under subsection (d) are required to be
promulgated within 2 years after the date of enactment of
the Clean Air Act Amendments of 1990, the Administrator
shall have 9 years after promulgation of the standards
under subsection (d) to make the determination under the
preceding sentence and, if required, to promulgate the
standards under this 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 stationary source in violation of such standard, except that in the case
of an existing source—
"(A) such standard shall not apply until 90 days after its
effective date, and
"(B) the Administrator may grant a waiver permitting
such source a period of up to 2 years after the effective date
of a standard to comply with the standard if the Administrator finds that such period is necessary for the installation 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 pursuant to subsection (dX5).

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2545

"(6) UNIQUE CHEMICAL SUBSTANCES.—In establishing standards for the control of unique chemical substances of listed
pollutants without CAS numbers under this subsection, the
Administrator shall establish such standards with respect to the
health and environmental effects of the substances actually
emitted by sources and direct transformation byproducts of
such emissions in the categories and subcategories.
'(g) MODIFICATIONS.—
"(1) OFFSETS.—

'

"(A) A physical change in, or change in the method of
operation of, a major source which results in a greater than
de minimis increase in actual emissions of a hazardous air
pollutant shall not be considered a modification, if such
increase in the quantity of actual emissions of any hazardous air pollutant from such source will be offset by an equal
or greater decrease in the quantity of emissions of another
hazardous air pollutant (or pollutants) from such source
which is deemed more hazardous, pursuant to guidance
issued by the Administrator under subparagraph (B). The
owner or operator of such source shall submit a showing to
the Administrator (or the State) that such increase has
been offset under the preceding sentence.
"(B) The Administrator shall, after notice and opportunity for comment and not later than 18 months after the
date of enactment of the Clean Air Act Amendments of
1990, publish guidance with respect to implementation of
this subsection. Such guidance shall include an identification, to the extent practicable, of the relative hazard to
human health resulting from emissions to the ambient air
of each of the pollutants listed under subsection (b) sufficient to facilitate the offset showing authorized by subparagraph (A). Such guidance shall not authorize offsets
between pollutants where the increased pollutant (or more
than one pollutant in a stream of pollutants) causes adverse
effects to human health for which no safety threshold for
exposure can be determined unless there are corresponding
decreases in such types of pollutant(s).
"(2) CONSTRUCTION, RECONSTRUCTION AND MODIFICATIONS.—

"(A) After the effective date of a permit program under
title V in any State, no person may modify a major source
of hazardous air pollutants in such State, unless the
Administrator (or the State) determines that the maximum
achievable control technology emission limitation under
this section for existing sources will be met. Such determination shall be made on a case-by-case basis where no
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 determination 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) I N GENERAL.—For purposes of this section, if it is not
feasible in the judgment of the Administrator to prescribe or
enforce an emission standard for control of a hazardous air
pollutant or pollutants, the Administrator may, in lieu thereof,
promulgate a design, equipment, work practice, or operational
standard, or combination thereof, which in the Administrator's
judgment is consistent with the provisions of subsection (d) or
(f). In the event the Administrator promulgates a design or
equipment standard under this subsection, the Administrator
shall include as part of such standard such requirements as will
assure the proper operation and maintenance of any such element of design or equipment.
"(2) DEFINITION.—For the purpose of this subsection, the
phrase 'not feasible to prescribe or enforce an emission standard' means any situation in which the Administrator determines that—
"(A) a hazardous air pollutant or pollutants cannot be
emitted through a conveyance designed and constructed to
emit or capture such pollutant, or that any requirement for,
or use of, such a conveyance would be inconsistent with any
Federal, State or local law, or
"(B) the application of measurement methodology to a
particular class of sources is not practicable due to technological and economic limitations.
"(3) ALTERNATIVE STANDARD.—If after notice and opportunity
for comment, the owner or operator of any source establishes to
the satisfaction of the Administrator that an alternative means
of emission limitation will achieve a reduction in emissions of
any air pollutant at least equivalent to the reduction in emissions of such pollutant achieved under the requirements of
paragraph (1), the Administrator shall permit the use of such
alternative by the source for purposes of compliance with this
section with respect to such pollutant.
"(4) NUMERICAL STANDARD REQUIRED.—Any standard promulgated under paragraph (1) shall be promulgated in terms of an
emission standard whenever it is feasible to promulgate and
enforce a standard in such terms.
"(i) SCHEDULE FOR COMPLIANCE.—
"(1) PRECONSTRUCTION AND OPERATING REQUIREMENTS.—After

the effective date of any emission standard, limitation, or regulation under subsection (d), (f) or (h), no person may construct
any new major source or reconstruct any existing major source
subject to such emission standard, regulation or limitation
unless the Administrator (or a State with a permit program
approved under title V) determines that such source, if properly
constructed, reconstructed and operated, will comply with the
standard, regulation or limitation.
"(2) SPECIAL RULE.—Notwithstanding the requirements of
paragraph (1), a new source which commences construction or
reconstruction after a standard, limitation or regulation
applicable to such source is proposed and before such standard,
limitation or regulation is promulgated shall not be required to

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 regulation proposed; and
"(B) the source complies with the standard, limitation, or
regulation as proposed during the 3-year period immediately 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 controls. An additional extension of up to 3 years may be added
for mining waste operations, if the 4-year compliance time
is insufficient to dry and cover mining waste in order to
reduce emissions of any pollutant listed under subsection
(b).
"(4) PRESIDENTIAL EXEMPTION.—The President may exempt

any stationary source from compliance with any standard or
limitation under this section for a period of not more than 2
years if the President determines that the technology to implement such standard is not available and that it is in the
national security interests of the United States to do so. An
exemption under this paragraph may be extended for 1 or more
additional periods, each period not to exceed 2 years. The President.
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 hazardous air pollutants (95 per centum in the case of hazardous
air pollutants which are particulates) from the source, to
meet an alternative emission limitation reflecting such
reduction in lieu of an emission limitation promulgated
under subsection (d) for a period of 6 years from the compliance date for the otherwise applicable standard, provided
that such reduction is achieved before the otherwise
applicable standard under subsection (d) is first proposed.
Nothing in this paragraph shall preclude a State from
requiring reductions in excess of those specified in this

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 substantially greater than emissions in other years prior to
implementation of emissions reduction measures. The
Administrator may allow a source to use a baseline year of
1985 or 1986 provided that the source can demonstrate to
the satisfaction of the Administrator that emissions data
for the source reflects verifiable data based on information
for such source, received by the Administrator prior to the
enactment of the Clean Air Act Amendments of 1990,
pursuant to an information request issued under section
114.
"(D) For each source granted an alternative emission
limitation under this paragraph there shall be established
by a permit issued pursuant to title V an enforceable
emission limitation for hazardous air pollutants reflecting
the reduction which qualifies the source for an alternative
emission limitation under this paragraph. An alternative
emission limitation under this paragraph shall not be available with respect to standards or requirements promulgated pursuant to subsection (f) and the Administrator
shall, for the purpose of determining whether a standard
under subsection (f) is necessary, review emissions from
sources granted an alternative emission limitation under
this paragraph at the same time that other sources in the
category or subcategory are reviewed.
"(E) With respect to pollutants for which high risks of
adverse public health effects may be associated with exposure to small quantities including, but not limited to,
chlorinated dioxins and furans, the Administrator shall by
regulation limit the use of offsetting reductions in emissions of other hazardous air pollutants from the source as
counting toward the 90 per centum reduction in such highrisk pollutants qualifying for an alternative emissions
limitation under this paragraph.
"(6) OTHER REDUCTIONS.—Notwithstanding the requirements

/

of this section, no existing source that has installed—
"(A) best available control technology (as defined in section 169(3)), or
"(B) technology required to meet a lowest achievable
emission rate (as defined in section 171),
prior to the promulgation of a standard under this section
applicable to such source and the same pollutant (or stream of
pollutants) controlled pursuant to an action described in
subparagraph (A) or (B) shall be required to comply with such
standard under this section until the date 5 years after the date

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 pursuant to subsection (d) but before the date an emission standard
applicable to such source is proposed pursuant to subsection (f)
shall not be required to comply with the emission standard
under subsection (f) until the date 10 years after the date
construction or reconstruction is commenced.
"(8) COKE OVENS.

"(A) Any coke oven battery that complies with the emission limitations established under subsection (d)(8)(C),
subparagraph (B), and subparagraph (C), and complies with
the provisions of subparagraph (E), shall not be required to
achieve emission limitations promulgated under subsection
(f) until January 1, 2020.
"(B)(i) Not later than December 31, 1992, the Administrator shall promulgate emission limitations for coke oven
emissions from coke oven batteries. Notwithstanding paragraph (3) of this subsection, the compliance date for such
emission limitations for existing coke oven batteries shall
be January 1, 1998. Such emission limitations shall reflect
the lowest achievable emission rate as defined in section
171 for a coke oven battery that is rebuilt or a replacement
at a coke oven plant for an existing battery. Such emission
limitations shall be no less stringent than—
"(I) 3 per centum leaking doors (5 per centum leaking
doors for six meter batteries);
"(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 emissions equivalent). The rulemaking in which such emission Regulations,
limitations are promulgated shall also establish an appropriate measurement methodology for determining compliance with such emission limitations, and shall establish
such emission limitations in terms of an equivalent level of
mass emissions reduction from a coke oven battery, unless
the Administrator finds that such a mass emissions standard would not be practicable or enforceable. Such measurement methodology, to the extent it measures leaking doors,
shall take into consideration alternative test methods that
reflect the best technology and practices actually applied in
the affected industries, and shall assure that the final test
methods are consistent with the performance of such best
technology and practices.
"(ii) If the Administrator fails to promulgate such emission limitations under this subparagraph prior to the effective date of such emission limitations, the emission limitations applicable to coke oven batteries under this subparagraph shall be—
"(I) 3 per centum leaking doors (5 per centum leaking
doors for six meter batteries);

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 limitations for existing coke oven batteries shall be January 1,
2010.
"(D) At any time prior to January 1, 1998, the owner or
operator of any coke oven battery may elect to comply with
emission limitations promulgated under subsection (f) by
the date such emission limitations would otherwise apply to
such coke oven battery, in lieu of the emission limitations
and the compliance dates provided under subparagraphs (B)
and (C) of this paragraph. Any such owner or operator shall
be legally bound to comply with such emission limitations
promulgated under subsection (f) with respect to such coke
oven battery as of January 1, 2003. If no such emission
limitations have been promulgated for such coke oven battery, the Administrator shall promulgate such emission
limitations in accordance with subsection (f) for such coke
oven battery.
"(E) Coke oven batteries qualifying for an extension
under subparagraph (A) shall make available not later than
January 1, 2000, to the surrounding communities the
results of any risk assessment performed by the Administrator to determine the appropriate level of any emission
standard established by the Administrator pursuant to
subsection (f).
"(F) Notwithstanding the provisions of this section,
reconstruction of any source of coke oven emissions qualifying for an extension under this paragraph shall not subject
such source to emission limitations under subsection (f)
more stringent than those established under subparagraphs
(B) and (C) until January 1, 2020. For the purposes of this
subparagraph, the term "reconstruction" includes the
replacement of existing coke oven battery capacity with
new coke oven batteries of comparable or lower capacity
and lower potential emissions.
"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 pursuant to subsection (e)(1) and (3), and beginning 18 months after
such date (but not prior to the effective date of a permit
program under title V), the owner or operator of any major
source in such category or subcategory shall submit a permit
application under paragraph (3) and such owner or operator
shall also comply with paragraphs (5) and (6).
"(3) APPLICATIONS.—By the date established by paragraph (2),
the owner or operator of a major source subject to this subsection shall file an application for a permit. If the owner or
operator of a source has submitted a timely and complete
application for a permit required by this subsection, any failure
to have a permit shall not be a violation of paragraph (2), unless
the delay in final action is due to the failure of the applicant to
timely submit information required or requested to process the
application. The Administrator shall not later than 18 months
after the date of enactment of the Clean Air Act Amendments
of 1990, and after notice and opportunity for comment, establish
requirements for applications under this subsection including a
standard application form and criteria for determining in a
timely manner the completeness of applications.
"(4) REVIEW AND APPROVAL.—Permit applications submitted
under this subsection shall be reviewed and approved or disapproved according to the provisions of section 505. In the event
that the Administrator (or the State) disapproves a permit
application submitted under this subsection or determines that
the application is incomplete, the applicant shall have up to 6
months to revise the application to meet the objections of the
Administrator (or the State).
"(5) EMISSION UMITATION.—The permit shall be issued pursuant to title V and shall contain emission limitations for the
hazardous air pollutants subject to regulation under this section
and emitted by the source that the Administrator (or the State)
determines, on a case-by-case basis, to be equivalent to the
limitation that would apply to such source if an emission standard had been promulgated in a timely manniBr under subsection
(d). In the alternative, if the applicable criteria are met, the
permit may contain an emissions limitation established according to the provisions of subsection (i)(5). For purposes of the
preceding sentence, the reduction required by subsection
(i)(5)(A) shall be achieved by the date on which the relevant
standard should have been promulgated under subsection (d).
No such pollutant may be emitted in amounts exceeding an
emission limitation contained in a permit immediately for new
sources and, as expeditiously as practicable, but not later than
the date 3 years after the permit is issued for existing sources or
such other compliance date as would apply under subsection (i).
"(6)

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), provided 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
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 established by paragraph (5), whichever is earlier.
'(k) AREA SOURCE PROGRAM.—
"(1) FINDINGS AND PURPOSE.—The

Reports.

Congress finds that emissions of hazardous air pollutants from area sources may individually, or in the aggregate, present significant risks to public
health in urban areas. Considering the large number of persons
exposed and the risks of carcinogenic and other adverse health
effects from hazardous air pollutants, ambient concentrations
characteristic of large urban areas should be reduced to levels
substantially below those currently experienced. It is the purpose of this subsection to achieve a substantial reduction in
emissions of hazardous air pollutants from area sources and an
equivalent reduction in the public health risks associated with
such sources including a reduction of not less than 75 per
centum in the incidence of cancer attributable to emissions
from such sources.
"(2) RESEARCH PROGRAM.—The Administrator shall, after consultation with State and local air pollution control officials,
conduct a program of research with respect to sources of hazardous air pollutants in urban areas and shall include within such
program—
"(A) ambient monitoring for a broad range of hazardous
air pollutants (including, but not limited to, volatile organic
compounds, metals, pesticides and products of incomplete
combustion) in a representative number of urban locations;
"(B) analysis to characterize the sources of such pollution
with a focus on area sources and the contribution that such
sources make to public health risks from hazardous air
pollutants; and
"(C) consideration of atmospheric transformation and
other factors which can elevate public health risks from
such pollutants.
Health effects considered under this program shall include, but
not be limited to, carcinogenicity, mutagenicity, teratogenicity,
neurotoxicity, reproductive dysfunction and other acute and
chronic effects including the role of such pollutants as precursors of ozone or acid aerosol formation. The Administrator shall
report the preliminary results of such research not later than 3
years after the date of enactment of the Clean Air Act Amendments of 1990.
"(3) NATIONAL STRATEGY.—

"(A) Considering information collected pursuant to the
monitoring program authorized by paragraph (2), the
Administrator shall, not later than 5 years after the date of
enactment of the Clean Air Act Amendments of 1990 and
after notice and opportunity for public comment, prepare
and transmit to the Congress a comprehensive strategy to

PUBLIC LAW 1 0 1 - 5 4 9 - N O V . 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 Conservation and Recovery Act) or by the States. The strategy shall
achieve a reduction in the incidence of cancer attributable
to exposure to hazardous air pollutants emitted by stationary sources of not less than 75 per centum, considering
control of emissions of hazardous air pollutants from all
stationary sources and resulting from measures implemented by the Administrator or by the States under this or
other laws.
"(D) The strategy may also identify research needs in
monitoring, analytical methodology, modeling or pollution
control techniques and recommendations for changes in law
that would further the goals and objectives of this
subsection.
"(E) Nothing in this subsection shall be interpreted to
preclude or delay implementation of actions with respect to
area sources of hazardous air pollutants under consideration pursuant to this or any other law and that may be
promulgated before the strategy is prepared.
"(F) The Administrator shall implement the strategy as
expeditiously as practicable assuring that all sources are in
compliance with all requirements not later than 9 years
after the date of enactment of the Clean Air Act Amendments of 1990.
"(G) As part of such strategy the Administrator shall
provide for ambient monitoring and emissions modeling in
urban areas as appropriate to demonstrate that the goals
and objectives of the strategy are being met.
"(4) AREAWIDE ACTIVITIES.—In addition to the national urban
air toxics strategy authorized by paragraph (3), the Administrator shall also encourage and support areawide strategies
developed by State or local air pollution control agencies that
are intended to reduce risks from emissions by area sources
within a particular urban area. From the funds available for
grants under this section, the Administrator shall set aside not

104 STAT. 2554

PUBLIC LAW 101-549—NOV. 15, 1990
less than 10 per centum to support areawide strategies addressing hazardous air pollutants emitted by area sources and shall
award such funds on a demonstration basis to those States with
innovative and effective strategies. At the request of State or
local air pollution control officials, the Administrator shall
prepare guidelines for control technologies or management
practices which may be applicable to various categories or
subcategories of area sources.
"(5) REPORT.—The Administrator shall report to the Congress
at intervals not later than 8 and 12 years after the date of
enactment of the Clean Air Act Amendments of 1990 on actions
taken under this subsection and other parts of this Act to
reduce the risk to public health posed by the release of hazardous air pollutants from area sources. The reports shall also
identify specific metropolitan areas that continue to experience
high risks to public health as the result of emissions from area
sources.
"(1) STATE PROGRAMS.—

Public
information.

"(1) IN GENERAL.—Each State may develop and submit to the
Administrator for approval a program for the implementation
and enforcement (including a review of enforcement delegations
previously granted) of emission standards and other requirements for air pollutants subject to this section or requirements
for the prevention and mitigation of accidental releases pursuant to subsection (r). A program submitted by a State under this
subsection may provide for partial or complete delegation of the
Administrator's authorities and responsibilities to implement
and enforce emissions standards and prevention requirements
but shall not include authority to set standards less stringent
than those promulgated by the Administrator under this Act.
"(2) GUIDANCE.—Not later than 12 months after the date of
enactment of the Clean Air Act Amendments of 1990, the
Administrator shall publish guidance that would be useful to
the States in developing programs for submittal under this
subsection. The guidance shall also provide for the registration
of all facilities producing, processing, handling or storing any
substance listed pursuant to subsection (r) in amounts greater
than the threshold quantity. The Administrator shall include as
an element in such guidance an optional program begun in 1986
for the review of high-risk point sources of air pollutants including, but not limited to, heizardous air pollutants listed pursuant
to subsection (b).
"(3) TECHNICAL ASSISTANCE.—The Administrator shall establish and maintain an air toxics clearinghouse and center to
provide technical information and assistance to State and local
agencies and, on a cost recovery basis, to others on control
technology, health and ecological risk assessment, risk analysis,
ambient monitoring and modeling, and emissions measurement
and monitoring. The Administrator shall use the authority of
section 103 to examine methods for preventing, measuring, and
controlling emissions and evaluating associated health and ecological risks. Where appropriate, such activity shall be conducted with not-for-profit organizations. The Administrator
may conduct research on methods for preventing, measuring
and controlling emissions and evaluating associated health and
environment risks. All information collected under this paragraph shall be available to the public.

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 program for submittal and approval under this subsection. Programs assisted under this paragraph may include program
elements addressing air pollutants or extremely hazardous substances other than those specifically subject to this section.
Grants under this paragraph may include support for high-risk
point source review as provided in paragraph (2) and support for
the development and implementation of areawide area source
programs pursuant to subsection (k).
"(5) APPROVAL OR DISAPPROVAL.—Not later than 180 days after
receiving a program submitted by a State, and after notice and
opportunity for public comment, the Administrator shall either
approve or disapprove such program. The Administrator shall
disapprove any program submitted by a State, if the Administrator determines that—
"(A) the authorities contained in the program are not
adequate to assure compliance by all sources within the
State with each applicable standard, regulation or requirement established by the Administrator under this section;
"(B) adequate authority does not exist, or adequate
resources are not available, to implement the program;
"(C) the schedule for implementing the program and
assuring compliance by affected sources is not sufficiently
expeditious; or
"(D) the program is otherwise not in compliance with the
guidance issued by the Administrator under paragraph (2)
or is not likely to satisfy, in whole or in part, the objectives
of this Act.
If the Administrator disapproves a State program, the Administrator shall notify the State of any revisions or modifications
necessary to obtain approval. The State may revise and resubmit the proposed program for review and approval pursuant to
the provisions of this subsection.
"(6) WITHDRAWAL.—Whenever the Administrator determines,
after public hearing, that a State is not administering and
enforcing a program approved pursuant to this subsection in
accordance with the guidance published pursuant to paragraph
(2) or the requirements of paragraph (5), the Administrator
shall so notify the State and, if action which will assure prompt
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 emission standard or requirement under this section.
"(8) LOCAL PROGRAM.—The Administrator may, after notice

and opportunity for public comment, approve a program developed and submitted by a local air pollution control agency (after
consultation with the State) pursuant to this subsection and any
such agency implementing an approved program may take any
action authorized to be taken by a State under this section.

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 quality standards established pursuant to the Federal Water
Pollution Control Act and drinking water standards established pursuant to the Safe Drinking Water Act; and
"(E) sample for such pollutants in biota, fish, and wildlife
of the Great Lakes, the Chesapeake Bay, Lake Champlain
and coastal waters and characterize the sources of such
pollutants.
"(2) GREAT LAKES MONITORING NETWORK.—The Administrator

shall oversee, in accordance with Annex 15 of the Great Lakes
Water Quality Agreement, the establishment and operation of a
Great Lakes atmospheric deposition network to monitor
atmospheric deposition of hazardous air pollutants (and in the
Administrator's discretion, other air pollutants) to the Great
Lakes.
"(A) As part of the network provided for in this paragraph, and not later than December 31, 1991, the Administrator shall establish in each of the 5 Great Lakes at least 1
facility capable of monitoring the atmospheric deposition of
hazardous air pollutants in both dry and wet conditions.
"(B) The Administrator shall use the data provided by the
network to identify and track the movement of hazardous
air pollutants through the Great Lakes, to determine the
portion of water pollution loadings attributable to
atmospheric deposition of such pollutants, and to support
development of remedial action plans and other 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 collected by the Great Lakes atmospheric deposition monitoring network is in a format compatible with databases
sponsored by the International Joint Commission, Canada,
and the several States of the Great Lakes region.
"(3) MONITORING FOR THE CHESAPEAKE BAY AND LAKE 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 watersheds, evaluate the health and environmental effects of such
pollutant loadings, and shall sample such pollutants in biota,
fish and wildlife within the watersheds, as necessary to
characterize such effects.
"(4) MONITORING FOR COASTAL WATERS.—The Administrator
shall design and deploy atmospheric deposition monitoring networks for coastal waters and their watersheds and shall make
any information collected through such networks available to
the public. As part of this effort, the Administrator shall conduct research to develop and improve deposition monitoring
methods, and to determine the relative contribution of
atmospheric pollutants to pollutant loadings. For purposes of
this subsection, 'coastal waters' shall mean estuaries selected
pursuant to section 320(a)(2)(A) of the Federal Water Pollution
Control Act or listed pursuant to section 320(a)(2)(B) of such Act
or estuarine research reserves designated pursuant to section
315 of the Coastal Zone Management Act (16 U.S.C. 1461).
"(5) REPORT.—Within 3 years of the date of enactment of the
Clean Air Act Amendments of 1990 and biennially thereafter,
the Administrator, in cooperation with the Under Secretary of
Commerce for Oceans and Atmosphere, shall submit to the
Congress a report on the results of any monitoring, studies, and
investigations conducted pursuant to this subsection. Such
report shall include, at a minimum, an assessment of—
"(A) the contribution of atmospheric deposition to pollution loadings in the Great Lakes, the Chesapeake Bay, Lake
Champlain and coastal waters;
"(B) the environmental and public health effects of any
pollution which is attributable to atmospheric deposition to
the Great Lakes, the Chesapeake Bay, Lake Champlain and
coastal waters;
"(C) the source or sources of any pollution to the Great
Lakes, the Chesapeake Bay, Lake Champlain and coastal
waters which is attributable to atmospheric deposition;
"(D) whether pollution loadings in the Great Lakes, the
Chesapeake Bay, Lake Champlain or coastal waters cause
or contribute to exceedances of drinking water standards
pursuant to the Safe Drinking Water Act or water quality
standards pursuant to the Federal Water Pollution Control
Act or, with respect to the Great Lakes, exceedances of the

104 STAT. 2558

PUBLIC LAW 101-549—NOV. 15, 1990
specific objectives of the Great Lakes Water Quality Agreement; and
"(E) a description of any revisions of the requirements,
standards, and limitations pursuant to this Act and other
applicable Federal laws as are necessary to assure protection of human health and the environment.
"(6) ADDITIONAL REGULATION.—As part of the report to Congress, the Administrator shall determine whether the other
provisions of this section are adequate to prevent serious
adverse effects to public health and serious or widespread
environmental effects, including such effects resulting from
indirect exposure pathways, associated with atmospheric deposition to the Great Lakes, the Chesapeake Bay, Lake Champlain
and coastal waters of 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 prevent such effects, including effects due to bioaccumulation and
indirect exposure pathways. Any requirements promulgated
pursuant to this paragraph with respect to coastal waters shall
only apply to the coastal waters of the States which are subject
to section 328(a).
"(n) OTHER PROVISIONS.—
"(1) ELECTRIC 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 imposition of the requirements of this Act. The Administrator
shall report the results of this study to the Congress within
3 years after the date of the enactment of the Clean Air Act
Amendments of 1990. The Administrator shall develop and
describe in the Administrator's report to Congress alternative control strategies for emissions which may warrant
regulation under this section. The Administrator shall
regulate electric utility steam generating units under this
section, if the Administrator finds such regulation is appropriate and necessary after considering the results of the
study required by this subparagraph.
"(B) The Administrator shall conduct, and transmit to
the Congress not later than 4 years after the date of
enactment of the Clean Air Act Amendments of 1990, a
study of mercury emissions from electric utility steam
generating units, municipal waste combustion units, and
other sources, including area sources. Such study shall
consider the rate and mass of such emissions, the health
and environmental effects of such emissions, technologies
which are available to control such emissions, and the costs
of such technologies.
"(C) The National Institute of Environmental Health
Sciences shall conduct, and transmit to the Congress not
later than 3 years after the date of enactment of the Clean
Air Act Amendments of 1990, a study to determine the

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 consumption by sensitive populations) without adverse effects to
public health.
"(2) COKE OVEN PRODUCTION TECHNOLOGY STUDY.—

"(A) The Secretary of the Department of Energy and the
Administrator shall jointly undertake a 6-year study to
assess coke oven production emission control technologies
and to assist in the development and commercialization of
technically practicable and economically viable control
technologies which have the potential to significantly
reduce emissions of hazardous air pollutants from coke
oven production facilities. In identifying control technologies, the Secretary and the Administrator shall consider the range of existing coke oven operations and battery
design and the availability of sources of materials for such
coke ovens as well as alternatives to existing coke oven
production design.
"(B) The Secretary and the Administrator are authorized
to enter into agreements with persons who propose to
develop, install and operate coke production emission control technologies which have the potential for significant
emissions reductions of hazardous air pollutants provided
that Federal funds shall not exceed 50 per centum of the
cost of any project assisted pursuant to this paragraph.
"(C) The Secretary shall prepare annual reports to 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 facilities to reduce residual risks remaining after implementation of the standard under subsection (d).
"(D) There are authorized to be appropriated $5,000,000 Appropriation
for each of the fiscal years 1992 through 1997 to carry out authorization.
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 emissions of hazardous air pollutants emitted by such facilities, to
identify industrial, commercial and residential discharges that
contribute to such emissions and to demonstrate control measures for such emissions. When promulgating any standard
under this section applicable to publicly owned treatment
works, the Administrator may provide for control measures
that include pretreatment of discharges causing emissions of
hazardous air pollutants and process or product substitutions or
limitations that may be effective in reducing such emissions.
The Administrator may prescribe uniform sampling, modeling
and risk assessment methods for use in implementing this
subsection.
"(4) OIL AND GAS WELLS; PIPELINE FACILITIES.—

"(A) Notwithstanding the provisions of subsection (a),
emissions from any oil or gas exploration or production well
(with its associated equipment) and emissions from any
pipeline compressor or pump station shall not be aggre-

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 production wells (with its associated equipment) as an area source
category under subsection (c), except that the Administrator may establish an area source category for oil and gas
production wells located in any metropolitan statistical
area or consolidated metropolitan statistical area with a
population in excess of 1 million, if the Administrator
determines that emissions of hazardous air pollutants from
such wells present more than a negligible risk of adverse
effects to public health.
"(5) HYDROGEN SULFIDE.—The Administrator is directed to
assess the hazards to public health and the environment resulting from the emission of hydrogen sulfide associated with the
extraction of oil and natural gas resources. To the extent practicable, the assessment shall build upon and not duplicate work
conducted for an assessment pursuant to section 8002(m) of the
Solid Waste Disposal Act and shall reflect consultation with the
States. The assessment shall include a review of existing State
and industry control standards, techniques and enforcement.
The Administrator shall report to the Congress within 24
months after the date of enactment of the Clean Air Act
Amendments of 1990 with the findings of such assessment,
together with any recommendations, and shall, as appropriate,
develop and implement a control strategy for emissions of
hydrogen sulfide to protect human health and the environment,
based on the findings of such assessment, using authorities
under this Act including sections 111 and this section.
"(6) HYDROFLUORIC ACID.—Not later than 2 years after the
date of enactment of the Clean Air Act Amendments of 1990,
the Administrator shall, for those regions of the country which
do not have comprehensive health and safety regulations with
respect to hydrofluoric acid, complete a study of the potential
hazards of hydrofluoric acid and the uses of hydrofluoric acid in
industrial and commercial applications to public health and the
environment considering a range of events including worst-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 subcategory of sources the air emissions of which are regulated
under subtitle C of the Solid Waste Disposal Act, the Administrator shall take into account any regulations of such emissions
which are promulgated under such subtitle and shall, to the
maximum extent practicable and consistent with the provisions
of this section, ensure that the requirements of such subtitle
and this section are consistent,
"(o) NATIONAL ACADEMY OF SCIENCES STUDY.—
"(1) REQUEST OF THE ACADEMY.—Within 3

months of the date
of enactment of the Clean Air Act Amendments of 1990, the
Administrator shall enter into appropriate arrangements with
the National Academy of Sciences to conduct a review of—

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2561

"(A) risk assessment methodology used by the Environmental Protection Agency to determine the carcinogenic
risk associated with exposure to hazardous air pollutants
from source categories and subcategories subject to the
requirements of this section; and
"(B) improvements in such methodology.
"(2) ELEMENTS TO BE STUDIED.—In conducting such review, the
National Academy of Sciences should consider, but not be limited to, the following—
"(A) the techniques used for estimating and describing
the carcinogenic potency to humans of hazardous air pollutants; and
"(B) the techniques used for estimating exposure to
hazardous air pollutants (for hypothetical and actual maximally exposed individuals as well as other exposed
individuals).
"(3) OTHER HEALTH EFFECTS OF CONCERN.—To the extent practicable, the Academy shall evaluate and report on the methodology for assessing the risk of adverse human health effects other
than cancer for which safe thresholds of exposure may not exist,
including, but not limited to, inheritable genetic mutations,
birth defects, and reproductive dysfunctions.
"(4) REPORT.—A report on the results of such review shall be
submitted to the Senate Committee on Environment and Public
Works, the House Committee on Energy and Commerce, the
Risk Assessment and Management Commission established by
section 303 of the Clean Air Act Amendments of 1990 and the
Administrator not later than 30 months after the date of enactment of the Clean Air Act Amendments of 1990.
"(5) ASSISTANCE.—The Administrator shall assist the Academy in gathering any information the Academy deems necessary to carry out this subsection. The Administrator may use
any authority under this Act to obtain information from any
person, and to require any person to conduct tests, keep and
produce records, and make reports respecting research or other
activities conducted by such person as necessary to carry out
this subsection.
"(6) AUTHORIZATION.—Of the funds authorized to be appropriated to the Administrator by this Act, such amounts as are
required shall be available to carry out this subsection.
"(7)

GUIDELINES FOR CARCINOGENIC RISK ASSESSMENT.—The

Administrator shall consider, but need not adopt, the recommendations contained in the report of the National Academy
of Sciences prepared pursuant to this subsection and the views
of the Science Advisory Board, with respect to such report. Prior
to the promulgation of any standard under subsection (f), and
after notice and opportunity for comment, the Administrator
shall publish revised Guidelines for Carcinogenic Risk Assessment or a detailed explanation of the reasons that any recommendations contained in the report of the National Academy
of Sciences will not be implemented. The publication of such
revised Guidelines shall be a final Agency action for purposes of
section 307.
'(p) MICKEY LELAND URBAN AIR TOXICS RESEARCH CENTER.—

"(1) 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 compiled for the comprehensive monitoring system currently in
place.
"(2) BOARD OF DIRECTORS.—The National Urban Air Toxics

Reports.

Research Center shall be governed by a Board of Directors to be
comprised of 9 members, the appointment of which shall be
allocated pro rata among the Speaker of the House, the Majority Leader of the Senate and the President. The members of the
Board of Directors shall be selected based on their respective
academic and professional backgrounds and expertise in matters relating to public health, environmental pollution and
industrial hygiene. The duties of the Board of Directors shall be
to determine policy and research guidelines, submit views from
center sponsors and the public and issue periodic reports of
center findings and activities.
"(3) SCIENTIFIC ADVISORY PANEL.—The Board of Directors shall
be advised by a Scientific Advisory Panel, the 13 members of
which shall be appointed by the Board, and to include eminent
members of the scientific and medical communities. The Panel
membership may include scientists with relevant experience
from the National Institute of Environmental Health Sciences,
the Center for Disease Control, the Environmental Protection
Agency, the National Cancer Institute, and others, and the
Panel shall conduct peer review and evaluate research results.
The Panel shall assist the Board in developing the research
agenda, reviewing proposals and applications, and advise on the
awarding of research grants.
"(4) FUNDING.—The center shall be established and funded
with both Federal and private source funds,
(q) SAVINGS PROVISION.—
"(1) STANDARDS PREVIOUSLY PROMULGATED.—Any

standard
under this section in effect before the date of enactment of the
Clean Air Act Amendments of 1990 shall remain in force and
effect after such date unless modified as provided in this section
before the date of enactment of such Amendments or under
such Amendments. Except as provided in paragraph (4), any
standard under this section which has been promulgated, but
has not taken effect, before such date shall not be affected by
such Amendments unless modified as provided in this section
before such date or under such Amendments. Each such standard shall be reviewed and, if appropriate, revised, to comply
with the requirements of subsection (d) within 10 years after the
date of enactment of the Clean Air Act Amendments of 1990. If
a timely petition for review of any such standard under section
307 is pending on such date of enactment, the standard shall be
upheld if it complies with this section as in effect before that
date. If any such standard is remanded to the Administrator,
the Administrator may in the Administrator's discretion apply
either the requirements of this section, or those of this section

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 standard shall be established under this section, as amended by the
Clean Air Act Amendments of 1990, for radionuclide emissions
from (A) elemental phosphorous plants, (B) grate calcination
elemental phosphorous plants, (C) phosphogypsum stacks, or (D)
any subcategory of the foregoing. This section, as in effect prior
to the date of enactment of the Clean Air Act Amendments of
1990, shall remain in effect for radionuclide emissions from
such plants and stacks.
"(3) OTHER CATEGORIES.—Notwithstanding paragraph (1), this
section, as in effect prior to the date of enactment of the Clean
Air Act Amendments of 1990, shall remain in effect for radionuclide emissions from non-Department of Energy Federal
facilities that are not licensed by the Nuclear Regulatory
Commission, coal-fired utility and industrial boilers, underground uranium mines, surface uranium mines, and disposal of
uranium mill tailings piles, unless the Administrator, in the
Administrator's discretion, applies the requirements of this
section as modified by the Clean Air Act Amendments of 1990 to
such sources of radionuclides.
"(4) MEDICAL FACILITIES.—Notwithstanding paragraph (1), no

standard promulgated under this section prior to the date of
enactment of the Clean Air Act Amendments of 1990 with
respect to medical research or treatment facilities shall take
effect for two years following the date of enactment of the Clean
Air Act Amendments of 1990, unless the Administrator makes a
determination pursuant to a rulemaking under section 112(d)(9).
If the Administrator determines that the regulatory program
established by the Nuclear Regulatory Commission for such
facilities does not provide an ample margin of safety to protect
public health, the requirements of section 112 shall fully apply
to such facilities. If the Administrator determines that such
regulatory program does provide an ample margin of safety to
protect the public health, the Administrator is not required to
promulgate a standard under this section for such facilities, as
provided in section 112(d)(9).
'(r) PREVENTION OF ACCIDENTAL RELEASES.—

"(1) PURPOSE AND GENERAL DUTY.—It shall be the objective of
the regulations and programs authorized under this subsection
to prevent the accidental release and to minimize the consequences of any such 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 assessment 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
injury or property damages to any person which may result
from accidental releases of such substances.
"(2) DEFINITIONS.—

Regulations.

"(A) The term 'accidental release' means an unanticipated emission of a regulated substance or other extremely
hazardous substance into the ambient air from a stationary
source.
"(B) The term 'regulated substance' means a substance
listed under paragraph (3).
"(C) The term 'stationary source' means any buildings,
structures, equipment, installations or substance emitting
stationary activities (i) which belong to the same industrial
group, (ii) which are located on one or more contiguous
properties, (iii) which are under the control of the same
person (or persons under common control), and (iv) from
which an accidental release may occur.
"(3) LIST OF SUBSTANCES.—The Administrator shall promulgate not later than 24 months after enactment of the Clean Air
Act Amendments of 1990 an initial list of 100 substances which,
in the case of an accidental release, are known to cause or may
reasonably be anticipated to cause death, injury, or serious
adverse effects to human health or the environment. For purposes of promulgating such list, the Administrator shall use, but
is not limited to, the list of extremely hazardous substances
published under the Emergency Planning and Community
Right-to-Know Act of 1986, with such modifications as the
Administrator deems appropriate. The initial list shall include
chlorine, anhydrous ammonia, methyl chloride, ethylene oxide,
vinyl chloride, methyl isocyanate, hydrogen cyanide, ammonia,
hydrogen sulfide, toluene diisocyanate, phosgene, bromine,
anhydrous hydrogen chloride, hydrogen fluoride, anhydrous
sulfur dioxide, and sulfur trioxide. The initial list shall include
at least 100 substances which pose the greatest risk of causing
death, injury, or serious adverse effects to human health or the
environment from accidental releases. Regulations establishing
the list shall include an explanation of the basis for establishing
the list. The list may be revised from time to time by the
Administrator on the Administrator's own motion or by petition
and shall be reviewed at least every 5 years. No air pollutant for
which a national primary ambient air quality standard has
been established shall be included on any such list. No substance, practice, process, or activity regulated under title VI
shall be subject to regulations under this subsection. The
Administrator shall establish procedures for the addition and
deletion of substances from the list established under this paragraph 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 establish by rule, a threshold quantity for the substance, taking into
account the toxicity, reactivity, volatility, dispersibility, combustibility, or flammability of the substance and the amount of the
substance which, as a result of an accidental release, is known
to cause or may reasonably be anticipated to cause death, injury
or serious adverse effects to human health for which the substance was listed. The Administrator is authorized to establish a
greater threshold quantity for, or to exempt entirely, any substance that is a nutrient used in agriculture when held by a
farmer.
"(6) CHEMICAL SAFETY BOARD.—

"(A) There is hereby established an independent safety 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), determine and report to the public in writing the facts,
conditions, and circumstances and the cause or probable cause of any accidental release resulting in a
fatality, serious injury or substantial property
damages;
"(ii) issue periodic reports to the Congress, Federal, 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 prevent or minimize the consequences of any release of
substances that may cause death, injury or other serious adverse effects on human health or substantial
property damage as the result of an accidental release;
and
"(iii) establish by regulation requirements binding on
,
persons for reporting accidental releases into the am-

104 STAT. 2566

Sports.

PUBLIC LAW 101-549—NOV. 15, 1990
bient air subject to the Board's investigatory jurisdiction. Reporting releases to the National Response
Center, in lieu of the Board directly, shall satisfy such
regulations. The National Response Center shall
promptly notify the Board of any releases which are
within the Board's jurisdiction.
"(D) The Board may utilize the expertise and experience
of other agencies.
"(E) The Board shall coordinate its activities with investigations and studies conducted by other agencies of the
United States having a responsibility to protect public
health and safety. The Board shall enter into a memorandum of understanding with the National Transportation
Safety Board to assure coordination of functions and to
limit duplication of activities which shall designate the
National Transportation Safety Board as the lead agency
for the investigation of releases which are transportation
related. The Board shall not be authorized to investigate
marine oil spills, which the National Transportation Safety
Board is authorized to investigate. The Board shall enter
into a memorandum of understanding with the Occupational Safety and Health Administration so as to limit
duplication of activities. In no event shall the Board forego
an investigation where an accidental release causes a fatality or serious injury among the general public, or had the
potential to cause substantial property damage or a number
of deaths or injuries among the general public.
"(F) The Board is authorized to conduct research and
studies with respect to the potential for accidental releases,
whether or not an accidental release has occurred, where
there is evidence which indicates the presence of a potential
hazard or hazards. To the extent practicable, the Board
shall conduct such studies in cooperation with other Federal agencies having emergency response authorities, State
and local governmental agencies and associations and
organizations from the industrial, cpmmercial, and nonprofit sectors.
"(G) No part of the conclusions, findings, or recommendations of the Board relating to any accidental release or the
investigation thereof shall be admitted as evidence or used
in any action or suit for damages arising out of any matter
mentioned in such report.
"(H) Not later than 18 months after the date of enactment of the Clean Air Act Amendments of 1990, the Board
shall publish a report accompanied by recommendations to
the Administrator on the use of hazard assessments in
preventing the occurrence and minimizing the consequences of accidental releases of extremely hazardous
substances. The recommendations shall include a list of
extremely 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 recommendations 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 formally and in writing not later than 180 days after receipt
thereof. The response to the Board's recommendation by
the Administrator shall indicate whether the Administrator will—
"(i) initiate a rulemaking or issue such orders as are
necessary to implement the recommendation in full or
in part, pursuant to any timetable contained in the
recommendation;
"(ii) decline to initiate a rulemaking or issue orders
as recommended.
Any determination by the Administrator not to implement
a recommendation of the Board or to implement a recommendation only in part, including any variation from
the schedule contained in the recommendation, shall be
accompanied by a statement from the Administrator setting forth the reasons for such determination.
"(J) The Board may make recommendations with respect
to accidental releases to the Secretary of Labor. Whenever
the Board submits such recommendation, the Secretary
shall respond to such recommendation formally and in
writing not later than 180 days after receipt thereof. The
response to the Board's recommendation by the Administrator shall indicate whether the Secretary will—
"(i) initiate a rulemaking or issue such orders as are
necessary to implement the recommendation in full or
in part, pursuant to any timetable contained in the
recommendation;
"(ii) decline to initiate a rulemaking or issue orders
as recommended.
Any determination by the Secretary not to implement a
recommendation or to implement a recommendation only
in part, including any variation from the schedule contained in the recommendation, shall be accompanied by a
statement from the Secretary setting forth the reasons for
such determination.
"(K) Within 2 years after enactment of the Clean Air Act 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 recommendations for listing substances under paragraph (3))
and for the mitigation of the potential adverse effect on
human health or the environment as a result of accidental
releases which should be applicable to any stationary
source handling any regulated substance in more than

^

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 witnesses and the production of evidence and may require
by order that any person engaged in the production,
processing, handling, or storage of extremely hazardous
substances submit written reports and responses to
requests and questions within such time and in such
form as the Board may require; and
"(ii) upon presenting appropriate credentials and a
written notice of inspection authority, enter any property where an accidental release causing a fatality,
serious injury or substantial property damage has
occurred and do all things therein necessary for a
proper investigation pursuant to subparagraph (C) and
inspect at reasonable times records, files, papers, processes, controls, and facilities and take such samples as
are relevant to such investigation.
Whenever the Administrator or the Board conducts an
inspection of a facility pursuant to this subsection, employees and their representatives shall have the same rights to
participate in such inspections as provided in the Occupational Safety and Health Act.
"(M) In addition to that described in subparagraph (L),
the Board may use any information gathering authority of
the Administrator under this Act, including the subpoena
power provided in section 307(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 relevant under any proceeding under this Act. This subparagraph does not constitute authority to withhold records,
reports, or information from the Congress.
"(R) Whenever the Board submits or transmits any
budget estimate, budget request, supplemental budget
request, or other budget information, legislative rec_—
ommendation, prepared testimony for congressional hear^
ings, recommendation or study to the President, the Secretary 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 estimates, legislative recommendations, prepared testimony,
comments, recommendations or reports to any officer or
agency of the United States for approval or review prior to
the submission of such recommendations, testimony, comments or reports to the Congress. In the performance of
their functions as established by this Act, the members,
officers and employees of the Board shall not be responsible
to or subject to supervision or direction, in carr3dng out any
duties under this subsection, of any officer or employee or
agent of the Environmental Protection Agency, the Department of Labor or any other agency of the United States
except that the President may remove any member, officer
or employee of the Board for inefficiency, neglect of duty or
malfeasance in office. Nothing in this section shall affect
the application of title 5, United States Code to officers or
employees of the Board.

104 STAT. 2570
Reports.

PUBLIC LAW 101-549—NOV. 15, 1990

"(S) The Board shall submit an annual report to the
President and to the Congress which shall include, but not
be limited to, information on accidental releases which
have been investigated by or reported to the Board during
the previous year, recommendations for legislative or
administrative action which the Board has made, the
actions which have been taken by the Administrator or the
Secretary of Labor or the heads of other agencies to implement such recommendations, an identification of priorities
for study and investigation in the succeeding year, progress
in the development of risk-reduction technologies and the
response to and implementation of significant research
findings on chemical safety in the public and private sector.
"(1) ACCIDENT PREVENTION.—

Regulations.

"(A) In order to prevent accidental releases of regulated
substances, the Administrator is authorized to promulgate
release prevention, detection, and correction requirements
which may include monitoring, record-keeping, reporting,
training, vapor recovery, secondary containment, and other
design, equipment, work practice, and operational requirements. Regulations promulgated under this paragraph may
make distinctions between various types, classes, and kinds
of facilities, devices and systems taking into consideration
factors including, but not limited to, the size, location,
process, process controls, quantity of substances handled,
potency of substances, and response capabilities present at
any stationary source. Regulations promulgated pursuant
to this subparagraph shall have an effective date, as determined by the Administrator, assuring compliance as
expeditiously as practicable.
"(B)(i) Within 3 years after the date of enactment of the
Clean Air Act Amendments of 1990, the Administrator
shall promulgate reasonable regulations and appropriate
guidance to provide, to the greatest extent practicable, for
the prevention and detection of accidental releases of regulated substances and for response to such releases by the
owners or operators of the sources of such releases. The
Administrator shall utilize the expertise of the Secretaries
of Transportation and Labor in promulgating such regulations. As appropriate, such regulations shall cover the use,
operation, repair, replacement, and maintenance of equipment to monitor, detect, inspect, and control such releases,
including training of persons in the use and maintenance of
such equipment and in the conduct of periodic inspections.
The regulations shall include procedures and measures for
emergency response after an accidental release of a regulated substance in order to protect human health and the
environment. The regulations shall cover storage, as well as
operations. The regulations shall, as appropriate, recognize
differences in size, operations, processes, class and categories of sources and the voluntary actions of such sources
to prevent such releases and respond to such releases. The
regulations shall be applicable to a stationary source 3
years after the date of promulgation, or 3 years after the
date on which a regulated substance present at the source
in more than threshold amounts is first listed under paragraph (3), whichever is later.

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 accidental releases of such substances from the stationary
source, and to provide a prompt emergency response to any
such releases in order to protect human health and the
environment. Such plan shall provide for compliance with
the requirements of this subsection and shall also include
each of the following:
"(I) a hazard assessment to assess the potential
effects of an accidental release of any regulated substance. This assessment shall include an estimate of
potential release quantities and a determination of
downwind effects, including potential exposures to
affected populations. Such assessment shall include a
previous release history of the past 5 years, including
the size, concentration, and duration of releases, and
shall include an evaluation of worst case accidental
releases;'
"(11) a program for preventing accidental releases of
regulated substances, including safety precautions and
maintenance, monitoring and employee training measures to be used at the source; and'
"(III) a response program providing for specific
actions to be taken in response to an accidental release
of a regulated substance so as to protect human health
and the environment, including procedures for informing the public and local agencies responsible for
responding to accidental releases, emergency health
care, and employee training measures.
At the time regulations are promulgated under this
subparagraph, the Administrator shall promulgate guidelines to assist stationary sources in the preparation of risk
management plans. The guidelines shall, to the extent
practicable, include model risk management plans.
"(iii) The owner or operator of each stationary source
covered by clause (ii) shall register a risk management plan
prepared under this subparagraph with the Administrator
before the effective date of regulations under clause (i) in
such form and manner as the Administrator shall, by rule,
require. Plans prepared pursuant to this subparagraph
shall also be submitted to the Chemical Safety and Hazard
Investigation Board, to the State in which the stationary
source is located, and to any local agency or entity having
responsibility for planning for or responding to accidental
releases which may occur at such source, and shall be
available to the public under section 114(c). The Administrator shall establish, by rule, an auditing system to regularly review and, if necessary, require revision in risk
management plans to assure that the plans comply with
this subparagraph. Each such plan shall be updated periodically as required by the Administrator, by rule.
"(C) Any regulations promulgated pursuant to this
subsection shall to the maximum extent practicable,
consistent with this subsection, be consistent with the rec-

104 STAT. 2572

Small
businesses.

PUBLIC LAW 101-549—NOV. 15, 1990
ommendations and standards established by the American
Society of Mechanical Engineers (ASME), the American
National Standards Institute (ANSI) or the American Society of Testing Materials (ASTM). The Administrator shall
take into consideration the concerns of small business in
promulgating regulations under this subsection.
"(D) In carrying out the authority of this paragraph, the
Administrator shall consult with the Secretary of Labor
and the Secretary of Transportation and shall coordinate
any requirements under this paragraph with any requirements established for comparable purposes by the
Occupational Safety and Health Administration or the
Department of Transportation. Nothing in this subsection
shall be interpreted, construed or applied to impose requirements affecting, or to grant the Administrator, the Chemical Safety and Hazard Investigation Board, or any other
agency any authority to regulate (including requirements
for hazard assessment), the accidental release of
radionuclides arising from the construction and operation
of facilities licensed by the Nuclear Regulatory
Commission.
"(E) After the effective date of any regulation or requirement imposed under this subsection, it shall be unlawful for
any person to operate any stationary source subject to such
regulation or requirement in violation of such regulation or
requirement. Each regulation or requirement under this
subsection shall for purposes of sections 113, 114, 116, 120,
304, and 307 and other enforcement provisions of this Act,
be treated as a standard in effect under subsection (d).
"(F) Notwithstanding the provisions of title V or this
section, no stationary source shall be required to apply for,
or operate pursuant to, a permit issued under such title
solely because such source is subject to regulations or
requirements under this subsection.
"(G) In exercising any authority under this subsection,
the Administrator shall not, for purposes of section 653(b)(1)
of title 29 of the United States Code, be deemed to be
exercising statutory authority to prescribe or enforce standards or regulations affecting occupational safety and
health.
"(8) RESEARCH ON HAZARD ASSESSMENTS.—The Administrator
may collect and publish information on accident scenarios and
consequences covering a range of possible events for substances
listed under paragraph (3). The Administrator shall establish a
program of long-term research to develop and disseminate
information on methods and techniques for hazard assessment
which may be useful in improving and validating the procedures employed in the preparation of hazard assessments under
this subsection.
"(9) ORDER AUTHORITY.—

"(A) In addition to any other action taken, when the
Administrator determines that there may be an imminent
and substantial endangerment to the human health or
welfare or the environment because of an actual or threatened accidental release of a regulated substance, the
Administrator may secure such relief as 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 emergency powers authorized by section 106 of the Comprehensive Environmental Response, Compensation and Liability
Act, sections 311(c), 308, 309 and 504(a) of the Federal Water
Pollution Control Act, sections 3007, 3008, 3013, and 7003 of
the Solid Waste Disposal Act, sections 1445 and 1431 of the
Safe Drinking Water Act, sections 5 and 7 of the Toxic
Substances Control Act, and sections 113, 114, and 303 of
this Act.
"(10) PRESIDENTIAL REVIEW.—The President shall conduct a
review of release prevention, mitigation and response authorities of the various Federal agencies and shall clarify and coordinate agency responsibilities to assure the most effective and
efficient implementation of such authorities and to identify any
deficiencies in authority or resources which may exist. The
President may utilize the resources and solicit the recommendations of the Chemical Safety and Hazard Investigation Board in
conducting such review. At the conclusion of such review, but
not later than 24 months after the date of enactment of the
Clean Air Act Amendments of 1990, the President shall transmit a message to the Congress on the release prevention, mitigation and response activities of the Federal Government making
such recommendations for change in law as the President may
deem appropriate. Nothing in this paragraph shall be interpreted, construed or applied to authorize the President to
modify or reassign release prevention, mitigation or response
authorities otherwise established by law.
"(11) STATE AUTHORITY.—Nothing in this subsection shall preclude, deny or limit any right of a State or political subdivision
thereof to adopt or enforce any regulation, requirement, limitation or standard (including any procedural requirement) that is
more stringent than a regulation, requirement, limitation or
standard in effect under this subsection or that applies to a
substance not subject to this subsection.
"(s) PERIODIC REPORT.—Not later than January 15, 1993 and every
3 years thereafter, the Administrator shall prepare and transmit to
the Congress a comprehensive report on the measures taken by the
Agency and by the States to implement the provisions of this
section. The Administrator shall maintain a database on pollutants

39-194 O - 91 - 9 : QL 3 Part 4

104 STAT. 2574

42 use 7411.

42 use 7414.
42 use 7418.
42 use 7602.
42 use 7604.
42 use 7607.

42 use 7412
"° •

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 standards including the costs of compliance experienced by sources in
various categories and subcategories;
"(3) development and implementation of the national urban
air toxics program; and
"(4) recommendations of the Chemical Safety and Hazard
Investigation Board with respect to the prevention and mitigation of accidental releases.".
SEC. 302. CONFORMING AMENDMENTS.
(a) Section 111(d)(1) of the Clean Air Act is amended by striking
"112(b)(1)(A)" and inserting in lieu thereof '112(b)".
(b) Section 111 of the Clean Air Act is amended by striking
paragraphs (g)(5) and (g)(6) and redesignating the succeeding paragraphs accordingly. Such section is further amended by striking "or
section 112" in paragraph (g)(5) as redesignated in the preceding
(c) Section 114(a) of the Clean Air Act is amended by striking "or"
after "section 111," and by inserting ", or any regulation of solid
waste combustion under section 129," after "section 112".
(d) Section 118(b) of the Clean Air Act is amended by striking
"112(c)" and inserting in lieu thereof "112(i)(4)".
(e) Section 302(k) of the Clean Air Act is amended by adding before
the period at the end thereof ", and any design, equipment, work
practice or operational standard promulgated under this Act.".
(f) Section 304(b) of the Clean Air Act is amended by striking
"112(c)(1)(B)" and inserting in lieu thereof "112(i)(3)(A) or (f)(4)".
(g) Section 307(b)(1) is amended by striking "112(c)" and inserting
in lieu thereof "112".
(h) Section 307(d)(1) is amended by inserting—
"(D) the promulgation of any requirement for solid waste
combustion under section 129,"
after subparagraph (C) and redesignating the succeeding subparagraphs accordingly.
SEC. 303. RISK ASSESSMENT AND MANAGEMENT COMMISSION.
(a) EsTABUSHMENT.—There is hereby established a Risk Assessment and Management Commission (hereafter referred to in this
section as the "Commission"), which shall commence proceedings
not later than 18 months after the date of enactment of the Clean
Air Act Amendments of 1990 and which shall make a full investigation of the policy implications and appropriate uses of risk assessment and risk management in regulatory programs under various
Federal laws to prevent cancer and other chronic human health
effects which may result from exposure to hazardous substances.
(b) CHARGE.—The Commission shall consider—
(1) the report of the National Academy of Sciences authorized
by section 112(o) of the Clean Air Act, the use and limitations of
risk assessment in establishing emission or effluent standards,
ambient standards, exposure standards, acceptable concentration levels, tolerances or other environmental criteria for
hazardous substances that present a risk of carcinogenic effects

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2575

or other chronic health effects and the suitability of risk assessment for such purposes;
(2) the most appropriate methods for measuring and describing cancer risks or risks of other chronic health effects from
exposure to 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 estimation techniques, the existence of synergistic or antagonistic
effects among hazardous substances, the accuracy of extrapolating human health risks from animal exposure data, and the
existence of unquantified direct or indirect effects on human
health in risk assessment studies;
(4) risk management policy issues including the use of lifetime
cancer risks to individuals most exposed, incidence of cancer,
the cost and technical feasibility of exposure reduction measures and the use of site-specific actual exposure information in
setting emissions standards and other limitations applicable to
sources of exposure to hazardous substances; and
(5) and comment on the degree to which it is possible or
desirable to develop a consistent risk assessment methodology,
or a consistent standard of acceptable risk, among various
Federal programs.
(c) MEMBERSHIP.—Such Commission shall be composed of ten
members who shall have knowledge or experience in fields of risk
assessment or risk management, including three members to be
appointed by the President, two members to be appointed by the
Speaker of the House of Representatives, one member to be
appointed by the Minority Leader of the House of Representatives,
two members to be appointed by the Majority Leader of the Senate,
one member to be appointed by the Minority Leader of the Senate,
and one member to be appointed by the President of the National
Academy of Sciences. Appointments shall be made not later than 18
months after the date of enactment of the Clean Air Act Amendments of 1990.
(d) ASSISTANCE

FROM

AGENCIES.—The

Administrator

of

the

Environmental Protection Agency and the heads of all other departments, agencies, and instrumentalities of the executive branch of
the Federal Government shall, to the maximum extent practicable,
assist the Commission in gathering such information as the Commission deems necessary to carry out this section subject to other
provisions of law.
(e) STAFF AND CONTRACTS.—

(1) In the conduct of the study required by this section, the
Commission is authorized to contract (in accordance with Federal contract law) with nongovernmental entities that are
competent to perform research or investigations within the
Commission's mandate, and to hold public hearings, forums,
and workshops to enable full public participation.

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 temporary assignment of personnel from the Environmental Protection Agency or other Federal agencies.
(3) The members of the Commission who are not officers or
employees of the United States, while attending conferences or
meetings of the Commission or while otherwise serving at the
request of the Chair, shall be entitled to receive compensation
at a rate not in excess of the 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 recommendations, shall be made available to the public for comment
not later than 42 months after the date of enactment of the Clean
Air Act Amendments of 1990 and shall be submitted to the President and to the Congress not later than 48 months after such date of
enactment. In the report, the Commission shall make recommendations with respect to the appropriate use of risk assessment and risk
management in Federal regulatory programs to prevent cancer or
other chronic health effects which may result from exposure to
hazardous substances. The Commission shall cease to exist upon the
date determined by the Commission, but not later than 9 months
after the submission of such report.
(g) AUTHORIZATION.—There are authorized to be appropriated
such sums as are necessary to carry out the activities of the Commission established by this section.
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 Secretary of Labor, in coordination with the Administrator of the
Environmental Protection Agency, shall promulgate, pursuant to
the Occupational Safety and Health Act, a chemical process safety
standard designed to protect employees from hazards associated
with accidental releases of highly hazardous chemicals in the workplace.
Qy) LIST OF HIGHLY HAZARDOUS CHEMICALS.—The Secretary shall
include as part of such standard a list of highly hazardous chemicals, which include toxic, flammable, highly reactive and explosive
substances. The list of such chemicals may include those chemicals
listed by the Administrator under section 302 of the Emergency
Planning and Community Right to Know Act of 1986. The Secretary
may make additions to such list when a substance is found to pose a
threat of serious injury or fatality in the event of an accidental
release in the workplace.
(c) ELEMENTS OF SAFETY STANDARD.—Such standard shall, at minimum, require employers to—

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2577

(1) develop and maintain written safety information identifying workplace chemical and process hazards, equipment used in
the processes, and technology used in the processes;
(2) perform a workplace hazard assessment, including, as
appropriate, identification of potential sources of accidental
releases, an identification of any previous release within the
facility which had a likely potential for catastrophic consequences in the workplace, estimation of workplace effects of a
range of releases, estimation of the health and safety effects of
such range on employees;
(3) consult with employees and their representatives on the
development and conduct of hazard assessments and the development 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 facilities; and
(14) investigate every incident which results in or could have
resulted in a major accident in the workplace, with any findings
to be reviewed by operating personnel and modifications made
if appropriate.
(d) STATE AUTHORITY.—Nothing in this section may be construed
to diminish the authority of the States and political subdivisions
thereof as described in section 112(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
42 u s e 7429.

PUBLIC LAW 101-549—NOV. 15, 1990

"SEC. 129. SOLID WASTE COMBUSTION.
"(a) N E W SOURCE PERFORMANCE STANDARDS.—

"(1) I N GENERAL.—(A) The Administrator shall establish
performance standards and other requirements pursuant to
section 111 and this section for each category of solid waste
incineration units. Such standards shall include emissions
limitations and other requirements applicable to new units and
guidelines (under section 111(d) and this section) and, other
requirements applicable to existing units.
"(B) Standards under section 111 and this section applicable
to solid waste incineration units with capacity greater than 250
tons per day combusting municipal waste shall be promulgated
not later than 12 months after the date of enactment of the
Clean Air Act Amendments of 1990. Nothing in this subparagraph shall alter any schedule for the promulgation of standards applicable to such units under section 111 pursuant to any
settlement and consent decree entered by the Administrator
before the date of enactment of the Clean Air Act Amendments
of 1990: Provided, That, such standards are subsequently modified pursuant to the schedule established in this subparagraph
to include each of the requirements of this section.
"(C) Standards under section 111 and this section
applicable to solid waste incineration units with capacity" equal
to or less than 250 tons per day combusting municipal'waste
and units combusting hospital waste, medical waste and infectious waste shall be promulgated not later than 24 months after
the date of enactment of the Clean Air Act Amendments of
1990.
"(D) 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 Administrator. 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 emissions limitation achieved by the best performing 12 percent of
units in the category (excluding units which first met lowest
achievable emissions rates 18 months before the date such
standards are proposed or 30 months before the date such
standards are promulgated, whichever is later).
"(3) CONTROL METHODS AND TECHNOLOGIES.—Standards under
section 111 and this section applicable to solid waste incineration units shall be based on methods and technologies for
removal or destruction of pollutants before, during, or after
combustion, and shall incorporate for new units siting requirements that minimize, on a site specific basis, to the maximum
extent practicable, potential risks to public health or the
environment.
"(4) NUMERICAL EMISSIONS 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 appropriate), sulfur dioxide, hydrogen chloride, oxides of nitrogen,
carbon monoxide, lead, cadmium, mercury, and dioxins and
dibenzofurans. The Administrator may promulgate numerical
emissions limitations or provide for the monitoring of
postcombustion concentrations of surrogate substances, parameters or periods of residence time in excess of stated temperatures with respect to pollutants other than those listed in this
paragraph.
"(5) REVIEW AND REVISION.—Not later than 5 years following
the initial promulgation of any performance standards and
other requirements under this section and section 111
applicable to a category of solid waste incineration units, and at
5 year intervals thereafter, the Administrator shall review, and
in accordance with this section and section 111, revise such
standards and requirements.
'(b) EXISTING UNITS.—

"(1) 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 Administrator promulgates guidelines for a category of solid waste
incineration units, each State in which units in the category are
operating shall submit to the Administrator a plan to implement and enforce the guidelines with respect to such units. The
State plan shall be at least as protective as the guidelines
promulgated by the Administrator and shall provide that each
unit subject to the guidelines shall be in compliance with all
requirements of this section not later than 3 years after the
State plan is approved by the Administrator but not later than
5 years sifter the guidelines were promulgated. The Administrator shall approve or disapprove any State plan within 180

104 STAT. 2580

Regulations.

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, implement and enforce a plan for existing solid waste incineration
units within any category located in any State which has not
submitted an approvable plan under this subsection with
respect to units in such category within 2 years after the date
on which the Administrator promulgated the relevant guidelines. Such plan shall assure that each unit subject to the plan
is in compliance with all provisions of the guidelines not later
than 5 years after the date the relevant guidelines are promulgated.
"(c) MONITORING.—The Administrator shall, as part of each
performance standard promulgated pursuant to subsection (a) and
section 111, promulgate regulations requiring the owner or operator
of each solid waste incineration unit—
"(1) to monitor emissions from the unit at the point at which
such emissions are emitted into the ambient air (or within the
stack, combustion chamber or pollution control equipment, as
appropriate) and at such other points as necessary to protect
public health and the environment;
"(2) to monitor such other parameters relating to the operation of the unit and its pollution control technology as the
Administrator determines are appropriate; and
"(3) to report the results of such monitoring.
Such regulations shall contain provisions regarding the frequency of
monitoring, test methods and procedures 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 regulations shall require that copies of the results of such monitoring be
maintained on file at the facility concerned and that copies shall be
made available for inspection and copying by interested members of
the public during business hours.
"(d) OPERATOR TRAINING.—Not later than 24 months after the
. enactment of the Clean Air Act Amendments of 1990, the Administrator shall develop and promote a model State program for the
training and certification of solid waste incineration unit operators
and high-capacity fossil fuel fired plant operators. The Administrator may authorize any State to implement a model program for
the training of solid waste incineration unit operators and highcapacity fossil fuel fired plant operators, if the State has adopted a
program which is at least as effective as the model program developed by the Administrator. Beginning on the date 36 months after
the date on which performance standards and guidelines are
promulgated under subsection (a) and section 111 for any category of
solid waste incineration units it shall be unlawful to operate any
unit in the category unless each person with control over processes
affecting emissions from such unit has satisfactorily completed a
training program meeting the requirements established by the
Administrator under this subsection.
"(e) PERMITS.—Beginning (1) 36 months after the promulgation of
a performance standard under subsection (a) and section 111

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 incineration 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 continue in effect after the date of issuance until the date of termination, unless the Administrator or State determines that the unit
is not in compliance with all standards and conditions contained in
the permit. Such determination shall be made at regular intervals
during the term of the permit, such intervals not to exceed 5 years,
and only after public comment and public hearing. No permit for a
solid waste incineration unit may be issued under this Act by an
agency, instrumentality or person that is also responsible, in whole
or part, for the design and construction or operation of the unit.
Notwithstanding any other provision of this subsection, the
Administrator or the State shall require the owner or operator of
any unit to comply with emissions limitations or implement any
other measures, if the Administrator or the State determines that
emissions in the absence of such limitations or measures may
reasonably be anticipated to endanger public health or the environment. The Administrator's determination under the preceding sentence is a discretionary decision.
"(f) EFFECTIVE DATE AND ENFORCEMENT.—

"(1) NEW UNITS.—Performance standards and other requirements promulgated pursuant to this section and section 111 and
applicable to new solid waste incineration units shall be effective as of the date 6 months after the date of promulgation.
"(2) EXISTING UNITS.—Performance standards and other
requirements promulgated pursuant to this section and section
111 and applicable to existing solid waste incineration units
shall be effective as expeditiously as practicable after approval
of a State plan under subsection (b)(2) (or promulgation of a plan
by the Administrator under subsection (b)(3)) but in no event
later than 3 years after the State plan is approved or 5 years
after the date such standards or requirements are promulgated,
whichever is earlier.
"(3) PROHIBITION.—After the effective date of any performance standard, emission limitation or other requirement
promulgated pursuant to this section and section 111, it shall be
unlawful for any owner or operator of any solid waste incineration unit to which such standard, limitation or requirement
applies to operate such unit in violation of such limitation,
standard or requirement or for any other person to violate an
applicable requirement of this section.
" ( 4 ) COORDINATION WITH OTHER A U T H O R I T I E S . — F o r p u r p O S e S 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 limitation.

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 production of electric energy or in the case of qualifying cogeneration
facilities which burn homogeneous waste for the production of
electric energy and steam or forms of useful energy (such as
heat) which are used for industrial, commercial, heating or
cooling purposes, or (C) air curteiin incinerators provided that
such incinerators only b u m 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) N E W 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 Administrator proposes requirements under this section establishing
emissions standards or other requirements which would be
applicable to such unit or a modified solid waste incineration
unit.
"(3) MODIFIED 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 materials 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 considered to be combusting municipal waste for purposes of section
111 or this section if it combusts a fuel feed stream, 30 percent
or less of the weight of which is comprised, in aggregate, of
municipal waste.
"(6) OTHER TERMS.—The terms 'solid waste' and 'medical
waste' shall have the meanings established by the Administrator pursuant to the Solid Waste Disposal Act.
"(h) OTHER AUTHORITY.—
"(1) STATE AUTHORITY.—Nothing in this section shall preclude

or deny the right of any State or political subdivision thereof to
adopt or enforce any regulation, requirement, limitation or
standard relating to solid waste incineration units that is more
stringent than a regulation, requirement, limitation or standard
in effect under this section or under any other provision of this
Act.
"(2) OTHER AUTHORITY UNDER THIS ACT.—Nothing in this section shall diminish the authority of the Administrator or a
State to establish any other requirements applicable to solid
waste incineration units under any other authority of law,
including the authority to establish for any air pollutant a
national ambient air quality standard, except that no solid
waste incineration unit subject to performance standards under
this section and section 111 shall be subject to standards under
section 112(d) of this Act.
"(3) RESIDUAL RISK.—The Administrator shall promulgate
standards under section 112(f) for a category of solid waste
incineration units, if promulgation of such standards is required
under section 112(f). For purposes of this preceding sentence
only—
"(A) the performance standards under subsection (a) and
section 111 applicable to a category of solid waste incineration units shall be deemed standards under section
112(d)(2), and
"(B) the Administrator shall consider and regulate, if
required, the pollutants listed under subsection (a)(4) and
no others.
"(4) ACID RAIN.—A solid waste incineration unit shall not be a
utility unit as defined in title IV: Provided, That, more than 80
per centum of its annual 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 section 107(d)(1)(A) (ii) or (iii)) or under section 172(c)(5) (relating to
permits for construction and operation in nonattainment areas)
may be used to weaken the standards in effect under this
section.".
(b) CONFORMING AMENDMENT.—Section 169(1) of the Clean Air Act 42 use 7479.
is amended by striking "two hundred and" after "municipal incinerators capable of charging more than".
(c) REVIEW OF ACID GAS SCRUBBING REQUIREMENTS.—Prior to the 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 availability 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 provisions 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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

401.
402.
403.
404.
405.
406.
407.
408.
409.
410.
411.
412.
413.

Acid deposition control.
Fossil fuel use.
Repeal of percent reduction.
Acid deposition standards.
National acid l£ikes registry.
Industrial SO2 Emissions.
Sense of the Ckjngress on emission reductions costs.
Monitor acid rain program in Canada.
Report on clean coals technologies export programs.
Acid deposition research by the United States Fish and Wildlife Service.
Study of buffering and neutralizing agents.
Clonforming amendment.
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:
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
42 u s e 7651.

401.
402.
403.
404.
405.
406.
407.
408.
409.
410.
411.
412.
413.
414.
415.
416.

"TITLE IV—ACID DEPOSITION CONTROL
Findings and purpose.
Definitions.
Sulfur dioxide allowance program for existing and new units.
Phase I sulfur dioxide requirements.
Phase II sulfur dioxide requirements.
Allowances for States with emissions rates at or below 0.80 Ibs/mmBtu.
Nitrogen oxides emission reduction program.
Permits and compliance plans.
Repowered sources.
Election for additional sources.
Excess emissions penalty.
Monitoring, reporting, and recordkeeping requirements.
General compliance with other provisions.
Enforcement.
Clean coal technology regulatory incentives.
Contingency guarantee; auctions, reserve.

"SEC. 401. FINDINGS AND PURPOSES.

"(a) FINDINGS.—The Congress finds that—
"(1) the presence of acidic compounds and their precursors in
the atmosphere and in deposition from the atmosphere represente 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 nitrogen oxides from the combustion of fossil fuels;
"(3) the problem of acid deposition is of national and international significance;
"(4) strategies and technologies for the control of precursors
to acid deposition exist now that are economically feasible, and
improved methods are expected to become increasingly available over the next decade;
"(5) current and future generations of Americans will be
adversely affected by delaying measures to remedy the problem;
"(6) reduction of total atmospheric loading of sulfur dioxide
and nitrogen oxides will enhance protection of the public health
and welfare and the environment; and
"(7) control measures to reduce precursor emissions from
steam-electric generating units should be initiated without
delay.
"(b) PURPOSES.—The purpose of this title is to reduce the adverse
effects of acid deposition through reductions in annual emissions of
sulfur dioxide of ten million tons from 1980 emission levels, and, in
combination with other provisions of this Act, of nitrogen oxides
emissions of approximately two million tons from 1980 emission
levels, in the forty-eight contiguous States and the District of Columbia. It is the intent of this title to effectuate such reductions by
requiring compliance by affected sources with prescribed emission
limitations by specified deadlines, which limitations may be met
through alternative methods of compliance provided by an emission
allocation and transfer system. It is also the purpose of this title to
encourage energy conservation, use of renewable and clean alternative technologies, and pollution prevention as a long-range strategy, consistent with the provisions of this title, for reducing air
pollution and other adverse impacts of energy production and use.
"SEC. 402. DEFINITIONS.

"As used in this title:
"(1) The term 'affected source' means a source that includes
one or more affected units.
"(2) The term 'affected unit' means a unit that is subject to
emission reduction requirements or limitations under this title.
"(3) The term 'allowance' means an authorization, allocated
to an affected unit by the Administrator under this title, to
emit, during or after a specified calendar year, one ton of sulfur
dioxide.
"(4) The term 'baseline' means the annual quantity of fossil
fuel consumed by an affected unit, measured in millions of
British Thermal Units ('mmBtu's'), calculated as follows:
"(A) For each utility unit that was in commercial operation prior to January 1, 1985, the baseline shall be the
annual average quantity of mmBtu's consumed in fuel
during calendar years 1985, 1986, and 1987, as recorded by
the Department of Energy pursuant to Form 767. For any
utility unit for which such form was not filed, the baseline
shall be the level specified for such unit in the 1985
National Acid Precipitation Assessment Program (NAPAP)
Emissions Inventory, Version 2, National Utility Reference
File (NURF) or in a corrected data base as established by
the Administrator pursuant to paragraph (3). For non-

42 USC 7651a.

104 STAT. 2586

PUBLIC LAW 101-549—NOV. 15, 1990
utility units, the baseline is the NAPAP Emissions Inventory, Version 2. The Administrator, in the Administrator's
sole discretion, may exclude periods during which a unit is
shutdown for a continuous period of four calendar months
or longer, and make appropriate adjustments under this
paragraph. Upon petition of the owner or operator of any
unit, the Administrator may 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 electricity and which is reported as a generating unit pursuant to
Department of Energy Form 860.
(10) The term 'new unit' means a unit that commences
commercial operation on or after the date of enactment of the
Clean Air Act Amendments of 1990.
"(11) The term 'permitting authority' means the Administrator, or the State or local air pollution control agency, with an
approved permitting program under part B of title III of the
Act.
"(12) The term 'repowering' means replacement of an existing
coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion,
integrated gasification combined cycle, magnetohydrodynamics,
direct and indirect coal-fired turbines, integrated gasification
fuel cells, or as determined by the Administrator, in consultation with the Secretary of Energy, a derivative of one or more of
these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with
improved boiler or generation efficiency and with significantly
greater wsiste reduction relative to the performance of technology in widespread commercial use as of the date of enactment of the Clean Air Act Amendments of 1990. Notwithstanding the provisions of section 409(a), for the purpose of this title,
the term 'repowering' shall also include any oil and/or gas-fired
unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of
Energy.
"(13) The term 'reserve' means any bank of allowances established by the Administrator under this title.
"(14) The term 'State' means one of the 48 contiguous States
and the District of Columbia.
"(15) The term 'unit' means a fossil fuel-fired combustion
device.
"(16) The term 'actual 1985 emission rate', for electric utility
units means the annual sulfur dioxide or nitrogen oxides emission rate in pounds per million Btu as reported in the NAPAP
Emissions Inventory, Version 2, National Utility Reference File.
For nonutility units, the term 'actual 1985 emission rate' means
the annual sulfur dioxide or nitrogen oxides emission rate in
pounds per million Btu as reported in the NAPAP Emission
Inventory, Version 2.
"(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 constructed for the purpose of suppl5ring, or commences construction 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 distribution system for sale.
"(18) The term 'allowable 1985 emissions rate' means a federally enforceable emissions limitation for sulfur dioxide or oxides
of nitrogen, applicable to the unit in 1985 or the limitation
applicable in such other subsequent year as determined by the
Administrator if such a limitation for 1985 does not exist.
Where the emissions limitation for a unit is not expressed in
pounds of emissions per million Btu, or the averaging period of
that emissions limitation is not expressed on an annual basis,
the Administrator shall calculate the annual equivalent of that
emissions limitation in pounds per million Btu to establish the
allowable 1985 emissions rate.
"(19) The term 'qualifying phase I technology' means a
technological system of continuous emission reduction which
achieves a 90 percent reduction in emissions of sulfur dioxide
from the emissions that would have resulted from the use of
fuels which were not subject to treatment prior to combustion.
"(20) The term 'alternative method of compliance' means a
method of compliance in accordance with one or more of the
following authorities:
"(A) a substitution plan submitted and approved in
accordance with subsections 404 (b) and (c);
"(B) a Phase I extension plan approved by the Administrator under section 404(d), using qualifjdng phase I technology 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 responsible person or official authorized by the owner or operator of a
unit to represent the owner or operator in matters pertaining to
the holding, transfer, or disposition of allowances allocated to a
unit, and the submission of and compliance with permits,
permit applications, and compliance plans for the unit.
"(27) The term 'life-of-the-unit, firm power contractual
arrangement' means a unit participation power sales agreement
under which a utility or industrial customer reserves, or is
entitled to receive, a specified amount or percentage of capacity
and associated energy generated by a specified generating unit

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 termination; or
"(C) for a period equal to or greater than 25 years or 70
percent of the economic useful life of the unit determined
as of the time the unit was built, with option rights to
purchase or re-lease some portion of the capacity and associated energy generated by the unit (or units) at the end of
the period.
"(28) The term 'basic Phase II allowance allocations' means:
"(A) For calendar years 2000 through 2009 inclusive,
allocations of allowances made by the Administrator pursuant to section 403 and subsections (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 section 403 and subsections (b)(1), (3), and (4); (c)(1), (2), (3), and
(5); (d)(1), (2), (4) and (5); (e); (f); (g)(1), (2), (3), (4), and (5); (h)(1)
and (3); (i) and (j) of section 405.
"(29) The term 'Phase II bonus allowance allocations' means,
for calendar year 2000 through 2009, inclusive, and only for
such years, allocations made by the Administrator pursuant to
section 403, subsections (a)(2), (b)(2), (c)(4), (dX3) (except as otherwise 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 tonnage emission limitation calculated under section 404, 405, 406, 409,
or 410 except as otherwise specifically provided elsewhere in this
title. Except as provided in sections 405(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

Regulations.

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 allocations and, if applicable, allocations pursuant to section 405(a)(3) for
each unit subject to the emissions limitation requirements of section
405 for the year 2000 and the year 2010. After notice and opportunity for public comment, but not later than December 31, 1992,
the Administrator shall publish a final list of such allocations,
subject to the provisions of section 405(a)(2). Any owner or operator
of an existing unit subject to the requirements of section 405(b) or (c)
who is considering applying for an extension of the emission limitation requirement compliance deadline for that unit from January 1,
2000, until not later than December 31, 2000, pursuant to section
409, shall notify the Administrator no later than March 31, 1991.
Such notification shall be used as the basis for estimating the basic
Phase II allowances under this subsection. Prior to June 1, 1998, the
Administrator shall publish a revised final statement of allowance
allocations, subject to the provisions of section 405(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 £illocated to a unit or units shall make such election and so inform the
Administrator not later than March 31, 1991, in the case of an
election under section 405 (or June 30, 1991, in the case of an
election under section 406). If such person fails to make such
election, the Administrator shall set forth for each unit owned or
operated by such person, the amount of allowances reflecting the
election that would, in the judgment of the Administrator, provide
the greatest benefit for the owner or operator of the unit. If such
person is a Governor who may make an election under section 406
and the Governor fails to make an election, the Administrator shall
set forth for each unit in the State the amount of allowances
reflecting the election that would, in the judgment of the Administrator, provide the greatest benefit for units in the State.
"(b) ALLOWANCE TRANSFER SYSTEM.—Allowances allocated under
this title may be transferred among designated representatives of
the owners or operators of affected sources under this title and any
other person who holds such allowances, as provided by the allowance system regulations to be promulgated by the Administrator not
later than eighteen months after the date of enactment of the Clean
Air Act Amendments of 1990. Such regulations shall establish the
allowance system prescribed under this section, including, but not
limited to, requirements for the allocation, transfer, and use of
allowances under this title. Such regulations shall prohibit the use
of any allowance prior to the calendar year for which the allowance
was allocated, and shall provide, consistent with the purposes of this
title, for the identification of unused allowances, and for such
unused allowances to be carried forward and added to allowances
allocated in subsequent years, including allowances allocated to
units subject to Phase I requirements (as described in section 404)
which are applied to emissions limitations requirements in Phase II
(as described in section 405). Transfers of allowances shall not be
effective until written certification of the transfer, signed by a

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 Administrator from the number of allowances which would otherwise be
allocated to the transferor, and added to those allowances allocated
to the transferee. Pre-allocation transfers shall not affect the
prohibition contained in this subsection sigainst the use of allowances prior to the year for which they are allocated.
"(c) INTERPOLLUTANT TRADING.—Not later than January 1, 1994,
the Administrator shall furnish to the Congress a study evaluating
the environmental and economic consequences of amending this
title to permit trading sulfur dioxide allowances for nitrogen oxides
allowances.
"(d) ALLOWANCE TRACKING SYSTEM.—(1) The Administrator shall 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 functioning of the allowance system. All allowance allocations and
transfers shall, upon recordation by the Administrator, be deemed a
part of each unit's permit requirements pursuant to section 408,
without any further permit review and revision.
"(2) In order to insure electric reliability, such regulations shall
not prohibit or affect temporary increases and decreases in emissions within utility systems, power pools, or utilities entering into
allowance pool agreements, that result from their operations,
including emergencies and central dispatch, and such temporary
emissions increases and decreases shall not require transfer of
allowances among units nor shall it require recordation. The owners
or operators of such units shall act through a designated representative. Notwithstanding the preceding sentence, the total tonnage of
emissions in any calendar year (calculated at the end thereof) from
all units in such a utility system, power pool, or allowance pool
agreements shall not exceed the total allowances for such units for
the calendar year concerned.
"(e) N E W UTILITY UNiTS.^After January 1, 2000, it shall be
unlawful for a new utility unit to emit an annual tonnage of sulfur
dioxide in excess of the number of allowances to emit held for the
unit by the unit's owner or operator. Such new utility units shall not
be eligible for an allocation of sulfur dioxide allowances under
subsection (a)(1), unless the unit is subject to the provisions of
subsection (g)(2) or (3) of section 405. New utility units may obtain
allowances from any person, in accordance with this title. The
owner or operator of any new utility unit in violation of this
subsection shall be liable for fulfilling the obligations specified in
section 411 of this title.
"(f) NATURE OF ALLOWANCES.—An allowance allocated under this
title is a limited authorization to emit sulfur dioxide in accordance
with the provisions of this title. Such allowance does not constitute a
property right. Nothing in this title or in any other provision of law
shall be construed to limit the authority of the United States to
terminate or limit such authorization. Nothing in this section relating to 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 regulation or as limiting State regulation (including any prudency review)
under such a State law. Nothing in this section shall be construed as
modifying the Federal Power Act or as affecting the authority of the
Federal Energy Regulatory Commission under that Act. Nothing in
this title shall be construed to interfere with or impair any program
for competitive bidding for power supply in a State in which such
program is established. Allowances, once allocated to a person by
the Administrator, may be received, held, and temporarily or
permanently transferred in accordance with this title and the regulations of the Administrator without regard to whether or not a
permit is in effect under title V or section 408 with respect to the
unit for which such allowance was originally allocated and recorded.
Each permit under this title and each permit issued under title V
for any affected unit shall provide that the affected unit may not
emit an annual tonnage of sulfur dioxide in excess of the allowances
held for that unit.
"(g) PROHIBITION.—It shall be unlawful for any person to hold, use,
or transfer any allowance allocated under this title, except in
accordance with regulations promulgated by the Administrator. It
shall be unlawful for any affected unit to emit sulfur dioxide in
excess of the number of edlowances held for that unit for that year
by the owner or operator of the unit. Upon the allocation of allowances under this title, the prohibition contained in the preceding
sentence shall supersede any other emission limitation applicable
under this title to the units for which such allowances are allocated.
Allowances may not be used prior to the calendar year for which
they are allocated. Nothing in this section or in the allowance
system regulations shall relieve the Administrator of the Administrator'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 issuance of securities or the undertaking of any other financing transaction in connection with such allowances shall not be subject to the
provisions of the Public Utility Holding Company Act of 1935.
42 u s e 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 utilization of the units subject to the emissions limitations of this title that
the Administrator finds would have occurred in the absence of the
imposition of such requirements. Pursuant to subsection (d), the
Administrator shall allocate allowances from the reserve established hereinunder until the earlier of such time as all such allowances in the reserve are allocated or December 31,1999.
"(3) In addition to allowances allocated pursuant to paragraph (1), State listing.
in each calendar year beginning in 1995 and ending in 1999, inclusive, the Administrator shall allocate for each unit on Table A that
is located in the States of Illinois, Indiana, or Ohio (other than units
at Kyger Creek, Clifty Creek and Joppa Steam), allowances in an
amount equal to 200,000 multiplied by the unit's pro rata share of
the total number of allowances allocated for all units on Table A in
the 3 States (other than units at Kyger Creek, Clifty Creek, and
Joppa Steam) pursuant to paragraph (1). Such allowances shall be
excluded from the calculation of the reserve under paragraph (2).
"(b) SUBSTITUTIONS.—The owner or operator of an affected unit
under subsection (a) may include in its section 408 permit application and proposed compliance plan a proposal to reassign, in whole
or in part, the affected unit's sulfur dioxide reduction requirements
to any other unit(s) under the control of such owner or operator.
Such proposal shall specify—
"(1) the designation of the substitute unit or units to which
any part of the reduction obligations of subsection (a) shall be
required, in addition to, or in lieu of, any original affected units
designated under such subsection;

104 STAT. 2594

PUBLIC LAW 101-549—NOV. 15, 1990
"(2) the original affected unit's baseline, the actual and allowable 1985 emissions rate for sulfur dioxide, and the authorized
annual allowance allocation stated in table A;
"(3) calculation of the annual average tonnage for calendar
years 1985, 1986, and 1987, emitted by the substitute unit or
units, 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 require.
"(c) ADMINISTRATOR'S ACTION ON SUBSTITUTION PROPOSALS.—(1)

The Administrator shall take final action on such substitution
proposal in accordance with section 408(c) if the substitution proposal fulfills the requirements of this subsection. The Administrator
may approve a substitution proposal in whole or in part and with
such modifications or conditions as may be consistent with the
orderly functioning of the allowance system and which will ensure
the emissions reductions contemplated by this title. If a proposal
does not meet the requirements of subsection (b), the Administrator
shall disapprove it. The owner or operator of a unit listed in table A
shall not substitute another unit or units without the prior approval
of the Administrator.
"(2) Upon approval of a substitution proposal, each substitute
unit, and each source with such unit, shall be deemed affected under
this title, and the Administrator shall issue a permit to the original
and substitute affected source and unit in accordance with the
approved substitution plan and section 408. The Administrator shall
allocate allowances for the original and substitute affected units in
accordance with the approved substitution proposal pursuant to
section 403. It shall be unlawful for any source or unit that is
allocated allowances pursuant to this section to emit sulfur dioxide
in excess of the emissions limitation provided for in the approved
substitution permit and plan unless the owner or operator of each
unit governed by the permit and approved substitution plan holds
allowances to emit not less than the units total annual emissions.
The owner or operator of any original or substitute affected unit
operated in violation of this subsection shall be fully liable for such
violation, including liability for fulfilling the obligations specified in
section 411 of this title. If a substitution proposal is disapproved, the
Administrator shall allocate allowances to the original affected unit
or units in accordance with subsection (a).
"(d) EuGiBLE PHASE I EXTENSION UNITS.—(1) The owner or operator of any affected unit subject to an emissions limitation requirement under this section may petition the Administrator in its
permit application under section 408 for an extension of 2 years of
the deadline for meeting such requirement, provided that the owner
or operator of any such unit holds allowances to emit not less than
the unit's total annual emissions for each of the 2 years of the period
of extension. To qualify for such an extension, the affected unit must

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 accordance with a compliance plan, submitted and approved under section
408, that shall govern operations at all units included in the transfer, and that specifies the emissions reduction requirements imposed
pursuant to this title.
"(2) Such extension proposal shall—
"(A) specify the unit or units proposed for designation as an
eligible phase I extension unit;
(B) provide a copy of an executed contract, which may be
contingent upon the Administrator approving the proposal, for
the design engineering, and construction of the qualifying phase
I technology for the extension unit, or for the unit or units to
which the extension unit's emission reduction obligation is to be
transferred;
"(C) specify the unit's or units' baseline, actual 1985 emissions
rate, allowable 1985 emissions rate, and projected utilization for
calendar years 1995 through 1999;
"(D) require CEMS on both the eligible phase I extension unit
or units and the transfer unit or units beginning no later than
January 1,1995; and
"(E) specify the emission limitation and number of allowances
expected to be necessary for annual operation after the qualifying phase I technology has been installed.
"(3) The Administrator shall review and take final action on each
extension 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), allowances equal to the difference between the lesser of the average
annual emissions in calendar years 1988 and 1989 or its projected
emissions tonnage for calendar year 1996 and the product of the
unit's baseline 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 allowances to emit not less than the unit's total annual emissions.
"(6) In addition to allowances specified in paragraph (5), the
Administrator shall allocate for each eligible Phase I extension unit
employing qualifying Phase I technology, for calendar years 1997,
1998, and 1999, additional allowances, from any remaining allowances in the reserve created pursuant to subsection (a)(2), following
the reduction in the reserve provided for in paragraph (4), not to
exceed the amount by which (A) the product of each eligible unit's
baseline times an emission rate of 1.20 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 reductions in the emissions of sulfur dioxide prior to calendar year 1995
and that is part of a utility system that meets the following requirements: (A) the total coal-fired generation within the utility system
as a percentage of total system generation decreased by more than
20 percent between January 1, 1980, and December 31, 1985; and (B)
the weighted capacity factor of all coal-fired units within the utility
system 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 requirements of the preceding sentence, except that for the purposes of
applying this subsection to any such unit, the prior year concerned
as specified below, shall be any year after January 1, 1995 but prior
to January 1, 2000.
"(2) In the case of an affected unit under this section described in
subparagraph (A), the allowances allocated under this subsection for
early reductions in any prior year may not exceed the amount which
(A) the product of the unit's baseline multiplied by the unit's 1985
actual sulfur dioxide emission rate (in lbs. per mmBtu), divided by
2,000, exceeds (B) the allowances specified for such unit in Table A.
In the case of an affected unit under section 405 described in
subparagraph (A), the allowances awarded under this subsection for
early reductions in any prior year may not exceed the amount by
which (i) the product of the quantity of fossil fuel consumed by the
unit (in mmBtu) in the prior year multiplied by the lesser of 2.50 or
the most stringent emission rate (in lbs. per mmBtu) applicable to
the unit under the applicable implementation plan, divided by 2,000,
exceeds (ii) the unit's actual tonnage of sulfur dioxide emission for
the prior year concerned. Allowances allocated under this subsection for units referred to in subparagraph (A) may be allocated only
for emission reductions achieved as a result of physical changes or
changes in the method of operation made after the date of enactment of the Clean Air Act Amendments of 1990, including changes
in the type or quality of fossil fuel consumed.
"(3) In no event shall the provisions of this paragraph be interpreted as an event of force majeur or a commercial impractibility or
in any other way as a basis for excused nonperformance by a utility
system under a coal sales contract in effect before the date of
enactment of the Clean Air Act Amendments of 1990.
"TABLE A.—AFFECTED SOURCES AND UNITS IN PHASE I AND THEIR SULFUR DIOXIDE
ALLOWANCES (TONS)

State

Alab£ima

Plant Name

Colbert

E.C.Gaston.

Florida

Big Bend
Crist

Georgia

Bowen

Generator

1
2
3
4
5
1
2
3
4
5
1
2
3
6
7
1
2
3

Phase I
Allowances
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
State

Plant Name

Hammond.

J. McDonough.
Wansley
Yates

Illinois

Bsildwin,
Coffeen.
Grand Tower.
Hennepin
Joppa Steam..

Kincaid

Indiana

,

Meredosia..
Vermilion.
Bailly
Breed
Cayuga
Clifty Creek.

E. W. Stout.
F. B. CuUey.
F. E. Ratts...
Gibson

H. T. Pritchard.
Michigan City...,
Petersburg
R. Gallagher

(Jenerator

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

Phase I
Allowances
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
Plant NEime

state

Tanners Creek.,
Wabash River..,

Iowa.

Kansas
Kentucky.

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....

Maryland.

Paradise
Shawnee
Chalk Point
C. P. Crane
Morgantown

Michigan...

J. H. Campbell.

Minnesota.
Mississippi

High Bridge
Jack Watson

Missouri....

Asbury
j£unes River
Labadie

Montrose
New Madrid
Sibley
Sioux
Thomas Hill
New Hampshire.

Merrimack

New Jersey

B.L. England

Generator

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

104 STAT. 2599
Phase I
Allowances
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

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2600

Plant Name

state
New York.

Dunkirk

,

Greenidge
Milliken

,

Northport
Port Jefferson.
Ohio.

Ashtabula
Avon Lake
Cardinal

,

Conesville
Eastlake

Edgewater
Gen. J.M. Gavin.
Kyger Creek

Miami Fort
Muskingum River..

Niles
Picway
R.E. Burger
W.H. Sammis
W.C. Beckjord
Pennsylvania....'..

Armstrong
Brunner Island..
Cheswick
Conemaugh
Hatfield's Ferry.
Martins Creek....

Grenerator

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

Phase I
Allowances
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

104 STAT. 2601

PUBLIC LAW 101-549—NOV. 15, 1990

Plant Neune

state

Generator

Portleind.
Shawville.

Sunbury.
Allen.

Tennessee.

Cumberland.
Gallatin.

Johnsonville.

West Virginia,

Albright
Fort Martin
Harrison
Kammer
Mitchell
Mount Storm
Edgewater
La Crosse/Genoa.
Nelson Dewey

Wisconsin..

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

Phase I
Allowances
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 electric utility to its customers.
"(B) QUALIFIED RENEWABLE ENERGY.—The term 'qualified
renewable energy' means energy derived from biomass,
solar, geothermal, or wind as identified by the Administrator in consultation with the Secretary of Energy.
"(C) ELECTRIC 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) I N GENERAL.—The regulations under paragraph (4)
of this subsection shall provide that for each ton of sulfur
dioxide emissions avoided by an electric utility, during the
applicable period, through the use of qualified energy conservation measures or qualified renewable energy, the
Administrator shall allocate a single allowance to such
electric utility, on a first-come-first-served basis from the
Conservation and Renewable Energy Reserve established
under subsection (g), up to a total of 300,000 allowances for
allocation from such Reserve.
"(B) REQUIREMENTS FOR ISSUANCE.—The Administrator

shall allocate allowances to an electric utility under this
subsection only if all of the following requirements are met:
"(i) Such electric utility is paying for the qualified
energy conservation measures or qualified renewable
energy directly or through purchase from another
person.
"(ii) The emissions of sulfur dioxide avoided through
the use of qualified energy conservation measures or
qualified renewable energy are quantified in accordance with regulations promulgated by the Administrator under this subsection.
"(iii)(I) Such electric utility has adopted and is implementing a least cost energy conservation and electric power plan which evaluates a range of resources,
including new power supplies, energy conservation, and
renewable energy resources, in order to meet expected
future demand at the lowest system cost.
"(II) The qualified energy conservation measures or
qualified renewable energy, or both, are consistent with
that plan.
"(Ill) Electric utilities subject to the jurisdiction of a
State regulatory authority must have such plan approved by such authority. For electric utilities not
subject to the jurisdiction of a State regulatory authority such plan shall be approved by the entity with ratemaking authority for such utility.
"(iv) In the case of qualified energy conservation
measures undertaken by a State regulated electric utility, the Secretary of Energy certifies that the State
regulatory authority with jurisdiction over the electric
rates of such electric utility has established rates and
charges which ensure that the net income of such
electric utility after implementation of specific cost
effective energy conservation measures is a t 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 Secretary of Energy, all allowances which, but for this
paragraph, would have been allocated under subparagraph (A) before such date, shall be allocated to the
electric utility. This clause is not a requirement for
qualified renewable energy.
"(v) Such utility or any subsidiary of the utility's
holding company owns or operates at least one 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 conservation 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 renewable energy sources used for purposes of avoiding
emissions,
"(II) calculates, in accordance with subparagraphs (F) and (G), the number of tons of emissions
avoided by reason of the implementation of such
measures or the use of such renewable energy
sources; and
"(III) demonstrates that the requirements of
subparagraph (B) have been met.
Such application for allowances by a State-regulated
electric utility shall require approval by the State regulatory authority with jurisdiction over such electric
utility. The authority shall review the application for
accuracy and compliance with this subsection and the
rules under this subsection. Electric utilities whose
retail rates are not subject to the jurisdiction of a State
regulatory authority shall apply directly to the
Administrator for such approval.
"(E) AVOIDED EMISSIONS FROM QUAUFIED ENERGY CONSERVATION MEASURES.—For the purposes of this subsection,

the emission tonnage deemed avoided by reason of the
implementation of qualified energy conservation measures
for any calendar year shall be a tonnage equal to the
product of multiplying—
"(i) the kilowatt hours that would otherwise have
been supplied by the utility during such year in the
absence of such qualified energy conservation measures, by
"(ii) 0.004,
and dividing by 2,000.

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 purchased from, qualified renewable energy, by
"(ii) 0.004,
and dividing by 2,000.
"(G) PROHIBITIONS.—(i) No allowances shall be allocated
under this subsection for the implementation of programs
that are exclusively informational or educational in nature,
"(ii) No allowances shall be allocated for energy conservation measures or renewable energy that were operational
before January 1,1992.
"(3) SAVINGS PROVISION.—Nothing in this subsection precludes a State or State regulatory authority from providing
additional incentives to utilities to encourage investment in
demand-side resources.
"(4) REGULATIONS.—Not later than 18 months after the date
of the enactment of the Clean Air Act Amendments of 1990 and
in conjunction with the regulations required to be promulgated
under subsections (b) and (c), the Administrator shall, in consultation with the Secretary of Energy, promulgate regulations
under this subsection. Such regulations shall list energy conservation measures and renewable energy sources which may
be treated as qualified energy conservation measures and qualified renewable energy for purposes of this subsection. Allowances shall only be allocated if all requirements of this
subsection and the rules promulgated to implement this subsection are complied with. The Administrator shall review the
determinations of each State regulatory authority under this
subsection to encourage consistency from electric utility to
electric utility and from State to State in accordance with the
Administrator's rules. The Administrator shall publish the findings of this review no less than annually.
"(g)

CONSERVATION AND RENEWABLE ENERGY

RESERVE.—The

Administrator shall establish a Conservation and Renewable Energy
Reserve under this subsection. Beginning on January 1, 1995, the
Administrator may allocate from the Conservation and Renewable
Energy Reserve an amount equal to a total of 300,000 allowances for
emissions of sulfur dioxide pursuant to section 403. In order to
provide 300,000 allowances for such reserve, in each year beginning
in calendar year 2000 and until calendar year 2009, inclusive, the
Administrator shall reduce each unit's basic Phase II allowance
allocation on the basis of its pro rata share of 30,000 allowances. If
allowances remain in the reserve after January 2, 2010, the
Administrator shall allocate such allowances for affected units
under section 405 on a pro rata basis. For purposes of this subsection, for any unit subject to the emissions limitation requirements of
section 405, the term 'pro rata basis' refers to the ratio which the
reductions made in such unit's allowances in order to establish the
reserve under this subsection bears to the total of such reductions
for all such units.
"(h) ALTERNATIVE ALLOWANCE ALLOCATION FOR UNITS IN CERTAIN
UTILITY SYSTEMS WITH OPTIONAL 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 requirements of this section which (as of the date of the enactment of
the Clean Air Act Amendments of 1990)—
"(A) has an emission rate below 1.0 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 fueledfired 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 section, 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 utility unit as provided below is subject to the limitations or requirements of this section. Each utility unit subject to an annual sulfur
dioxide tonnage emission limitation under this section is an affected
unit under this title. Each source that includes one or more affected
units is an affected source. In the case of an existing unit that was
not in operation during calendar year 1985, the emission rate for a
calendar year after 1985, as determined by the Administrator, shall
be used in lieu of the 1985 rate. The owner or operator of any unit
operated in violation of this section shall be fully liable under this
Act for fulfilling the obligations specified in section 411 of this title.
"(2) In addition to basic Phase II allowance allocations, in each
year beginning in calendar year 2000 and ending in calendar year
2009, inclusive, the Administrator shall allocate up to 530,000 Phase
II bonus allowances pursuant to subsections (b)(2), (c)(4), (d)(3)(A) and
(B), and (h)(2) of this section and section 406. Not later than June 1,
1998, the Administrator shall calculate, for each unit granted an
extension pursuant to section 409 the difference between (A) the
number of allowances allocated for the unit in calendar year 2000,
and (B) the product of the unit's baseline multiplied by 1.20 lbs/
mmBtu, divided by 2000, and sum the computations. In each year,
beginning in calendar year 2000 and ending in calendar year 2009,
inclusive, the Administrator shall deduct from each unit's basic
Phase II allowance allocation its pro rata share of 10 percent of the
sum calculated pursuant to the preceding sentence.
"(3) In addition to basic Phase II allowance allocations and Phase 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 multiplied by the unit's pro rata share of the total number of basic
allowances allocated for all units listed on Table A (other than units
at Kyger Creek, Clifty Creek, and Joppa Steam). Allowances allocated pursuant to this paragraph shall not be subject to the
8,900,000 ton limitation in section 403(a).
"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, beginning 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 paragraph (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 requirements of paragraph (1), which is located in a State with an installed
electrical generating capacity of more than 30,000,000 kw in 1988
and for which w£is issued a prohibition order or a proposed prohibition order (from burning oil), which unit subsequently converted to
coal between January 1, 1980 and December 31, 1985, allowances
equal to the difference between (A) the product of the unit's annual
fuel consumption, on a Btu basis, at a 65 percent capacity factor
multiplied by the lesser of its actual or allowable emissions rate
during the first full calendar year after conversion, divided by 2,000,
and (B) the number of allowances allocated for the unit pursuant to
paragraph (1): Provided, That the number of allowances allocated
pursuant to this paragraph shall not exceed an annual total of five
thousand. If necessary to meeting the restriction imposed in the

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 steamelectric capacity is, as of December 31, 1989, equal to, or greater
than, 250 MWe to exceed an annual sulfur dioxide emissions limitation equal to the product of the unit's baseline multiplied by an
emission rate equal to 1.20 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 oilfired 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 limitation 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 Amendments of 1990 to exceed an annual sulfur dioxide emissions tonnage
limitation equal to the product of its baseline multiplied by the
lesser of its actual or allowable 1985 emission rate, divided by 2,000,
unless the owner or operator holds allowances to emit not less than
the units total annual emissions. After January 1, 2010, it shall be
unlawful for each unit subject to the emissions limitation requirements of this paragraph to exceed an annual emissions tonnage
limitation equal to the product of its baseline multiplied by an
emissions rate of 1.20 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, beginning January 1, 2000, and for each calendar year thereafter until
and including 2009, inclusive, the Administrator shall allocate
annually for each unit subject to the emissions limitation requirements of paragraph (1) with an actual 1985 emissions rate equal to,
or greater than, 1.20 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 consumption at a 60 percent capacity factor.
"(5) After January 1, 2000, it shall be unlawful for any existing
utility unit with a nameplate capacity below 75 MWe and an actual
1985 emissions rate equal to, or greater than, 1.20 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 Generating Stations, prepared for the United States Environmental Protection 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 requirements of this paragraph to exceed an annual emissions tonnage
limitation equal to the product of its baseline multiplied by an
emissions rate of 1.20 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 emissions rate or its allowable 1985 emissions rate, and (B) a numerical
factor of 120 percent, divided by 2,000, unless the owner or operator
of such unit holds allowances to emit not less than the unit's total
annual emissions.
"(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 company, beginning January 1, 2000, and for each calendar year thereafter until and including 2009, the Administrator shall allocate
annually for each unit subject to the emissions limitation requirements of paragraph (1) allowances from the reserve created pursuant to subsection (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 allowable 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 limitation requirements of this subsection. The Administrator shall allocate allowances pursuant to subparagraphs (A) and (B) only in
accordance with this subparagraph.
"(4) Notwithstanding any other provision of this section, at the
election of the owner or operator, after January 1, 2000, the
Administrator shall allocate in lieu of allocation, pursuant to paragraph (1), (2), (3), (5), or (6), allowances for a unit subject to the
emissions limitation requirements of this subsection which commenced commercial operation on or after January 1, 1981 and
before December 31, 1985, which was subject to, and in compliance
with, section 111 of the Act in an amount equal to the unit's annual
fuel consumption, on a Btu basis, at a 65 percent capacity factor
multiplied by the unit's allowable 1985 emissions rate, divided by
2,000.
"(5) For the purposes of this section, in the case of an oil- and
gas-fired unit which has been awarded a clean coal technology
demonstration grant as of January 1, 1991, by the United States
Department of Energy, beginning Jsmuary 1, 2000, the Administrator 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 numerical factor of 120 percent, divided by 2,000, unless the owner or
operator of such unit holds allowances to emit not less than the
unit's total annual emissions.
"(2) In addition to allowances allocated pursuant to paragraph (1)
as basic Phase II allowance allocations and section 403(a)(1), beginning January 1, 2000, the Administrator shall, in the case of any
unit operated by a utility that furnishes electricity, electric energy,
steam, and natural 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 allowances pursuant to section 403 to each unit which is listed in table B
of this paragraph in an annual amount equal to the amount specified in table B.
TABLE B
Unit
Brandon Shores
Miller 4
TNP0ne2
Zimmer 1
Spruce 1
Clover 1
Clover 2
Twin Oak 2
Twin Oak 1
Cross 1
Malakoff 1

Allowances
8,907
9,197
4,000
18,458
7,647
2,796
2,796
1,760
9,158
6,401
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 multiplied 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 purchase of power) enter into arbitration concerning, the facility;
"(iii) an electric utility has issued a letter of intent or similar
instrument committing to purchase power from the facility at a
previously offered or lower price and a power sales agreement is
executed within a reasonable period of time; or
"(iv) the facility has been selected as a winning bidder in a
utility competitive bid solicitation.
"(h)

OIL AND GAS-FIRED UNITS LESS THAN

10

PERCENT OIL

CONSUMED.—(1) After January 1, 2000, it shall be unlawful for any
oil- and gas-fired utility unit whose average annual fuel consumption during the period 1980 through 1989 on a Btu basis exceeded 90
percent in the form of natural gas to exceed an 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 paragraph (1) allowances from the reserve created pursuant to subsection (a)(2) in an amount equal to the unit's baseline multiplied by
0.050 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 limitation 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 emissions limitation requirements of this section: Provided, That the
number of allowances allocated pursuant to this subsection shall not
exceed an annual total of 40,000. If necessary to meeting the 40,000
allowance restriction imposed under this subsection the Administrator shall reduce, pro rata, the additional annual allowances
allocated to each unit under this subsection.
"(2) Beginning January 1, 2000, in addition to allowances allocated
pursuant to this section and section 403(a)(1) as basic Phase II
allowance allocations, the Administrator shall allocate annually for
each unit subject to the emissions limitation requirements of subsection (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 emissions 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 industrial kilowatt-hour sales have increased by more than 20 percent
between calendar year 1980 and the date of enactment of the Clean
Air Act Amendments of 1990, and (E) whose company-wide fossilfuel sulfur dioxide emissions rate has declined 40 per centum or
more from 1980 to 1988, allowances in an amount equal to the
difference between (i) the number of allowances that would be
allocated for the unit pursuant to the emissions limitation requirements of subsection (b)(1) adjusted to reflect the unit's annual
average fuel consumption on a Btu basis for any three consecutive
years between 1980 and 1989 (inclusive) as elected by the owner or

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 municipally owned oil and gas-fired utility unit with nameplate capacity
equal to, or less than, 40 MWe, the lesser of whose actual or
allowable 1985 sulfur dioxide emission rate is less than 1.20 lbs/
mmBtu, allowances in an amount equal to the product of the unit's
annual fuel consumption on a Btu basis at a 60 percent capacity
factor multiplied by the lesser of its allowable 1985 emission rate or
its actual 1985 emission rate, divided by 2,000.
"SEC. 406. ALLOWANCES FOR STATES WITH EMISSIONS RATES AT OR 42 USC 7651e.
BELOW 0.80 LBS/MMBTU.

"(a) ELECTION OF GOVERNOR.—In addition to basic Phase II allowance 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 allowance 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 generated in calendar year 1985 at fossil fuel-fired utility steam units in
all States eligible for the election.
"(b)

NOTIFICATION

OF ADMINISTRATOR.—Pursuant

to

section

403(a)(1), each Governor of a State eligible to make an election under
paragraph (a) shall notify the Administrator of such election. In the
event that the Governor of any such State fails to notify the
Administrator of the Governor's elections, the Administrator shall
allocate allowances pursuant to section 405.
"(c) ALLOWANCES AFTER JANUARY 1, 2010.—After January 1, 2010,
the Administrator shall allocate allowances to units subject to the
provisions of this section pursuant to section 405.
"SEC. 407. NITROGEN OXIDES EMISSION REDUCTION PROGRAM.

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 emission limitations for nitrogen oxides for the types of utility boilers
listed below, which limitations shall not exceed the rates listed
below: Provided, That the Administrator may set a rate higher than

104 STAT. 2614

Regulations.

Regulations.

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 applying 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.
"(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 technology, 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 January 1, 1993, the Administrator shall propose revised standards of
performance to section 111 for nitrogen oxides emissions from fossilfuel fired steam generating units, including both electric utility and
nonutility units. Not later than January 1, 1994, the Administrator
shall promulgate such revised standards of performance. Such
revised standards of performance shall reflect improvements in
methods for the reduction of emissions of oxides of nitrogen.
"(d) ALTERNATIVE EMISSION LIMITATIONS.—The permitting authority shall, upon request of an owner or operator of a unit subject to
this section, authorize an emission limitation less stringent than the
applicable limitation established under subsection (b)(1) or (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 Administrator based the applicable emission limitation.
The permitting authority shall base such determination upon a
showing satisfactory to the permitting authority, in accordance with
regulations established by the Administrator not later than eighteen months after enactment of the Clean Air Act Amendments of
1990, that the owner or operator—
"(1) has properly installed appropriate control equipment
designed to meet the 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 Administrator determines through the regulations), and provides operating and monitoring data for such period demonstrating that the
unit cannot meet the applicable emission rate; and
"(3) has specified an emission rate that such unit can meet on
an annual average basis.
The permitting authority shall issue an operating permit for the
unit in question, in accordance with section 408 and part B of title
III—
"(i) that permits the unit during the demonstration period
referred to in subparagraph (2) above, to emit at a rate in excess
of the applicable emission rate;
"(ii) at the conclusion of the demonstration period to revise
the operating permit to reflect the alternative emission rate
demonstrated in paragraphs (2) and (3) above.
Units subject to subsection (b)(1) for which an alternative emission
limitation is established shall not be required to install any additional control technology beyond low NOx burners. Nothing in this
section shall preclude an owner or operator from installing and
operating an alternative NOx control technology capable of achieving the applicable emission limitation. If the owner or operator of a
unit subject to the emissions limitation requirements of subsection
(b)(1) demonstrates to the satisfaction of the Administrator that the
technology necessary to meet such requirements is not in adequate
supply to enable its installation and operation at the unit, consistent
with system reliability, by January 1, 1995, then the Administrator
shall extend the deadline for compliance for the unit by a period of
15 months. Any owner or operator may petition the Administrator
to make a determination under the previous sentence. The Administrator shall grant or deny such petition within 3 months of
submittal.
"(e) EMISSIONS AVERAGING.—In lieu of complying with the
applicable emission limitations under subsection Ot>) (1), (2), or (d),
the owner or operator of two or more units subject to one or more of
the applicable emission limitations set pursuant to these sections,
may petition the permitting authority for alternative contemporaneous annual emission limitations for such units that ensure that (1)
the actual annual emission rate in pounds of nitrogen oxides per
million Btu averaged over the units in question is a rate that is less
than or equal to (2) the Btu-weighted average annual emission rate
for the same units if they had been operated, during the same period
of time, in compliance with limitations set in accordance with the
applicable emission rates set pursuant to subsections (h) (1) and (2).
"If the permitting authority determines, in accordance with regulations issued by the Administrator not later than eighteen months
after enactment of the Clean Air Act Amendments of 1990; that the
conditions in the paragraph above can be met, the permitting
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 operating permits.

104 STAT. 2616
42 u s e 7651g.

PUBLIC LAW 101-549—NOV. 15, 1990

"SEC. 408. PERMITS AND COMPLIANCE PLANS.

"(a) PERMIT PROGRAM.—The provisions of this title shall be implemented, subject to section 403, by permits issued to units subject to
this title (and enforced) in accordance with the provisions of title V,
as modified by this title. Any such permit issued by the Administrator, or by a State with an approved permit program, shall
prohibit—
"(1) annual emissions of sulfur dioxide in excess of the
number of allowances to emit sulfur dioxide the owner or
operator, or the designated representative of the owners or
operators, of the unit hold for the unit,
"(2) exceedances of applicable emissions rates,
"(3) the use of any allowance prior to the year for which it
was allocated, and
"(4) contravention of any other provision of the permit.
Permits issued to implement this title shall be issued for a period of
5 years, notwithstanding title V. No permit shall be issued that is
inconsistent with the requirements of this title, and title V as
applicable.
"(b) COMPLIANCE PLAN.—Each initial permit application shall be
accompanied by a compliance plan for the source to comply with its
requirements under this title. Where an affected source consists of
more than one affected unit, such plan shall cover all such units,
and for purposes of section 502(c), such source shall be considered a
'facility'. Nothing in this section regarding compliance plans or in
title V shall be construed as affecting allowances. Except as provided under subsection (c)(1)(B), submission of a statement by the
owner or operator, or the designated representative of the owners
and operators, of a unit subject to the emissions limitation requirements of sections 404, 405, and 407, that the unit will meet the
applicable emissions limitation requirements of such sections in a
timely manner or that, in the case of the emissions limitation
requirements of sections 404 and 405, the owners and operators will
hold allowances to emit not less than the total annual emissions of
the unit, shall be deemed to meet the proposed and approved
compliance planning requirements of this section and title V, except
that, for any unit that will meet the requirements of this title by
means of an alternative method of compliance authorized under
section 404 (b), (c), (d), or (f) section 407 (d) or (e), section 409 and
section 410, the proposed and approved compliance plan, permit
application and permit shall include, pursuant to regulations
promulgated by the Administrator, for each alternative method of
compliance a comprehensive description of the schedule and means
by which the unit will rely on one or more alternative methods of
compliance in the manner and time authorized under this title.
Recordation by the Administrator of transfers of allowances shall
amend automatically all applicable proposed or approved permit
applications, compliance plans and permits. The Administrator may
also require—
"(1) for a source, a demonstration of attainment of national
ambient air quality standards, and
"(2) from the owner or operator of two or more affected
sources, an integrated compliance plan providing an overall
plan for achieving compliance at the affected sources.
"(c) FIRST PHASE PERMITS.—The Administrator shall issue permits

to affected sources under sections 404 and 407.

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 representative of the owners or operators, or the owner and operator, of
each affected source under sections 404 and 407 shall submit a
permit application and compliance plan for that source in
accordance with regulations issued by the Administrator under
paragraph (3). The permit application and the compliance plan
shall be binding on the owner or operator or the designated
representative of owners and operators for purposes of this title
and section 402(a), and shall be enforceable in lieu of a permit
until a permit is issued by the Administrator for the source. •
"(B) In the case of a compliance plan for an affected source
under sections 404 and 407 for which the owner or operator
proposes to meet the requirements of that section by reducing
utilization of the unit as compared with its baseline or by
shutting down the unit, the owner or operator shall include in
the proposed compliance plan a specification of the unit or units
that will provide electrical generation to compensate for the
reduced output at the affected source, or a demonstration that
such reduced utilization will be accomplished through energy
conservation or improved unit efficiency. The unit to be used for
such compensating generation, which is not otherwise an affected unit under sections 404 and 407, shall be deemed an
affected unit under section 404, subject to all of the requirements for such units under this title, except that allowances
shall be allocated to such compensating unit in the amount of
an annual limitation equal to the product of the unit's baseline
multiplied by the lesser of the unit's actual 1985 emissions rate
or its allowable 1985 emissions rate, divided by 2,000.
"(2) EPA ACTION ON COMPLIANCE PLANS.—The Administrator

shall review each proposed compliance plan to determine
whether it satisfies the requirements of this title, and shall
approve or disapprove such plan within 6 months after receipt
of a complete submission. If a plan is disapproved, it may be
resubmitted for approval with such changes as the Administrator shall require consistent with the requirements of this
title and within such period as the Administrator prescribes as
part of such disapproval.
"(3) REGULATIONS; ISSUANCE OF PERMITS.—Not later than 18
months after the date of the enactment of the Clean Air Act
Amendments of 1990, the Administrator shall promulgate regulations, in accordance with title V, to implement a Federal
permit program to issue permits for affected sources under this
title. Following promulgation, the Administrator shall issue a
permit to implement the requirements of section 404 and the
allowances provided under section 403 to the owner or operator
of each affected source under section 404. Such a permit shall
supersede any permit application and compliance plan submitted under paragraph (1).
"(4) FEES.—During the years 1995 through 1999 inclusive, no
fee shall be required to be paid under section 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 reductions under section 407, each State in which one or more such units
or sources are located shall submit in accordance with title V, a
permit program for approval as provided by that title. Upon approval of such program, for the units or sources subject to such
approved program the Administrator shall suspend the issuance of
permits as provided in title V.
"(2) The owner or operator or the designated representative of
each affected source under section 405 shall submit a permit application and compliance plan for that source to the permitting
authority, not later than January 1,1996.
"(3) Not later than December 31, 1997, each State with an
approved permit program shall issue permits to the owner or operator, or the designated representative of the owners and operators, of
affected sources under section 405 that satisfy the requirements of
title V and this title and that submitted to such State a permit
application and compliance plan pursuant to paragraph (2). In the
case of a State without an approved permit program by July 1,1996,
the Administrator shall, not later than January 1, 1998, issue a
permit to the owner or operator or the designated representative of
each such affected source. In the case of affected sources for which
applications and plans are timely received under paragraph (2), the
permit application and the compliance plan, including amendments
thereto, shall be binding on the owner or operator or the designated
representative of the owners or operators and shall be enforceable
as a permit for purposes of this title and title V until a permit is
issued by the permitting authority for the affected source. The
provisions of section 558(c) of title V of the United States Code
(relating to renewals) shall apply to permits issued by a permitting
authority under this title and title V.
"(4) 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 permitting authority, not later than January 1, 1998. The permitting
authority shall issue a permit to the owner or operator that satisfies
the requirements of title V and this title, including any appropriate
monitoring and reporting requirements.
"(g) AMENDMENT OF APPLICATION AND COMPLIANCE PLAN.—At any

time after the submission of an application and compliance plan
under this section, the applicant may submit a revised application
and compliance plan, in accordance with the requirements of this
section. In considering any permit application and compliance plan
under this title, the permitting authority shall ensure coordination

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 operator, or designated representative, required to submit a permit application or compliance plan under this title to fail to submit such
application or plan in accordance with the deadlines specified in this
section or to otherwise fail to comply with regulations implementing
this section.
"(2) It shall be unlawful for any person to operate any source
subject to this title except in compliance with the terms and requirements of a permit application and compliance plan (including
amendments thereto) or permit issued by the Administrator or a
State with an approved permit program. For purposes of this subsection, compliance, as provided in section 504(^, with a permit issued
under title V which complies with this title for sources subject to
this title shall be deemed compliance with this subsection as well as
section 502(a).
"(3) In order to ensure reliability of electric power, nothing in this
title or title V shall be construed as requiring termination of
operations of an electric utility steam generating unit for failure to
have an approved permit or compliance plan, except that any such
unit may be subject to the applicable enforcement provisions of
section 113.
"(i) MULTIPLE OWNERS.—No permit shall be issued under this
section to an affected unit until the designated representative of the
owners or operators has filed a certificate of representation with
regard to matters under this title, including the holding and distribution of allowances and the proceeds of transactions involving
allowances. Where there are multiple holders of a legal or equitable
title to, or a leasehold interest in, such a unit, or where a utility or
industrial customer purchases power from an affected unit (or units)
under life-of-the-unit, firm power contractual arrangements, the
certificate shall state (1) that allowances and the proceeds of transactions involving allowances will be deemed to be held or distributed
in proportion to each holder's legal, equitable, leasehold, or contractual reservation or entitlement, or (2) if such multiple holders have
expressly provided for a different distribution of allowances by
contract, that allowances and the proceeds of transactions involving
allowances will be deemed to be held or distributed in accordance
with the contract. A passive lessor, or a person who has an equitable
interest through such lessor, whose rental payments are not based,
either directly or indirectly, upon the revenues or income from the
affected unit shall not be deemed to be a holder of a legal, equitable,
leasehold, or contractual interest for the purpose of holding or
distributing allowances as provided in this subsection, during either
the term of such 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.

"(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

42 USC 7651h.

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 commercial operation.
"(b) EXTENSION.—(1) An owner or operator satisfying the requirements of subsection (a) shall be granted an extension of the emission
limitation requirement compliance date for that unit from January
1, 2000, to December 31, 2003. The extension shall be specified in the
permit issued to the source under section 408, together with any
compliance schedule and other requirements necessary to meet
second phase requirements by the extended date. Any unit that is
granted an extension under this section shall not be eligible for a
waiver under section 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 demonstrates to the satisfaction of the Administrator that the
repowering technology to be utilized by such unit has been properly
constructed and tested on such unit, but nevertheless has been
unable to achieve the emission reduction limitations and is economically or technologically infeasible, such existing unit may be retrofitted or repowered with equipment or facilities utilizing another
clean coal technology or other available control technology^-^
"(c) ALLOWANCES.—(1) For the period of the extension under this
section, the Administrator shall allocate to the owner or operator of
the affected unit, annual allowances for sulfur dioxide equal to the
affected unit's baseline multiplied by the lesser of the unit's federally approved State Implementation Plan emissions limitation or its
actual emission rate for 1995 in lieu of any other allocation. Such
allowances may not be transferred or used by any other source to
meet emission requirements under this title. The source owner or
operator shall notify the Administrator sixty days in advance of the
date on which the affected unit for which the extension has been
granted is to be removed from operation to install the repowering
technology.
"(2) Effective on that date, the unit shall be subject to the requirements of section 405. Allowances for the year in which the unit is
removed from operation to install the repowering technology shall
be calculated as the product of the unit's baseline multiplied by 1.20
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 extension under this subsection shall be treated in each calendar year
during the extension period as holding allowances allocated under
paragraph (3).
"(d) CONTROL REQUIREMENTS.—Any unit qualifying for an extension under this section that does not increase actual hourly emissions for any pollutant regulated under the Act shall not be subject
to any standard of performance under section 111 of this Act.
Notwithstanding the provisions of this subsection, no new unit (1)
designated as a replacement for an existing unit, (2) qualifying for
the extension under subsection (b), and (3) located at a different site
than the existing unit shall receive an exemption from the requirements imposed under section 111.
"(e) EXPEDITED PERMITTING.—State permitting authorities and,
where applicable, the Administrator, are encouraged to give expedited consideration to permit applications under parts C and D of
title I of this Act for any source qualifying for an extension under
this section.
"(f) PROHIBITION.—It shall be unlawful for the owner or operator
of a repowered source to fail to comply with the requirement of this
section, or any regulations of permit requirements to implement
this section, including the prohibition against emitting sulfur dioxide in excess of allowances held.
"SEC. 410. ELECTION FOR ADDITIONAL SOURCES.

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 multiplied 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

Regulations.

Regulations.

-

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
this title. The Administrator shall, by regulation, define the sources
that may be designated; specify the emissions limitation; specify the
operating, emission baseline, and other data requirements; prescribe
CEMS or other monitoring requirements; and promulgate permit,
reporting, and any other requirements necessary to implement such
a program.
"(e) ALLOWANCES AND PERMITS.—The Administrator shall issue
allowances to an affected unit under this section in an amount equal
to the emissions limitation calculated under subsection (c) or (d), in
accordance with section 403. Such allowance may be used in accordance with, and shall be subject to, the provisions of section 403.
Affected sources under this section shall be subject to the requirements of sections 403, 408, 411, 412, 413, and 414.
"(f) LIMITATION.—Any unit designated under this section shall not
transfer or bank allowances produced as a result of reduced utilization or shutdown, except that, such allowances may be transferred
or carried forward for use in subsequent years to the extent that the
reduced utilization or shutdown results from the replacement of
thermal energy from the unit designated under this section, with
thermal energy generated by any other unit or units subject to the
requirements of this title, and the designated unit's allowances are
transferred or carried forward for use at such other replacement
unit or units. In no case may the Administrator allocate to a source
designated under this section allowances in an amount greater than
the emissions resulting from operation of the source in full compliance with the requirements of this Act. No such allowances shall
authorize operation of a unit in violation of any other requirements
of this Act.
"(g) IMPLEMENTATION.—The Administrator shall issue regulations
to implement this section not later than eighteen months after
enactment of the Clean Air Act Amendments of 1990.
"(h) SMALL DIESEL REFINERIES.—The Administrator shall issue
allowances to owners or operators of small diesel refineries who
produce diesel fuel after October 1, 1993, meeting the requirements
of subsection 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 throughput 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 throughput of less than 50,187,500 barrels per year, as reported to
the Department of Energy.
"(4) LIMITATION PER REFINERY.—The maximum number of

allowances that can be annually allocated to a small refinery
pursuant to this subsection is one thousand and five hundred.
"(5) LIMITATION ON TOTAL.—In any given year, the total
number of allowances allocated pursuant to this subsection
shall not exceed thirty-five thousand.
"(6) REQUIRED CERTIFICATION.—The Administrator shall not
allocate any allowances pursuant to this subsection unless the
owner or operator of a small diesel refinery shall have certified,
at a time and in a manner prescribed by the Administrator,
that all motor diesel fuel produced by the refinery for which
allowances are claimed, including motor diesel fuel for offhighway 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 calculated on the basis of the number of tons emitted in excess of the
unit's emissions limitation requirement or, in the case of sulfur
dioxide, of the allowances the operator holds for use for the unit for
that year, multiplied by $2,000. Any such penalty shall be due and Regulations,
payable without demand to the Administrator as provided in regulations to be issued by the Administrator by no later than eighteen
months after the date of enactment of the Clean Air Act Amendments of 1990. Any such 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

Regulations.

42 use 7651k.

Regulations.

Regulations.

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.
"(c) PENALTY ADJUSTMENT.—The Administrator shall, by regulation, adjust the penalty specified in subsection (a) for inflation, based
on the Consumer Price Index, on the date of enactment and
annually thereafter.
"(d) PROHIBITION.—It shall be unlawful for the owner or operator
of any source liable for a penalty and offset under this section to fail
(1) to pay the penalty under subsection (a), (2) to provide, and
thereafter comply with, a compliance plan as required by subsection
(b), or (3) to offset excess emissions as required by subsection (b).
"(e) SAVINGS PROVISION.—Nothing in this title shall limit or otherwise affect the application of section 113, 114, 120, or 304 except as
otherwise explicitly provided in this title.
"SEC. 412. MONITORING, REPORTING, AND RECORDKEEPING REQUIREMENTS.
"(a) APPLICABILITY.—The owner and operator of any source subject
to this title shall be required to install and operate CEMS on each
affected unit at the source, and to quality assure the data for sulfur
dioxide, nitrogen oxides, opacity and volumetric flow at each such
unit. The Administrator shall, by regulations issued not later than
eighteen months after enactment of the Clean Air Act Amendments
of 1990, specify the requirements for CEMS, for any alternative
monitoring system that is demonstrated as providing information
with the same precision, reliability, accessibility, and timeliness as
that provided by CEMS, and for recordkeeping and reporting of
information from such systems. Such regulations may include
limitations or the use of alternative compliance methods by units
equipped with an alternative monitoring system as may be necessary to preserve the orderly functioning of the allowance system,
and which will ensure the emissions reductions contemplated by
this title. Where 2 or more units utilize a single stack, a separate
CEMS shall not be required for each unit, and for such units the
regulations shall require that the owner or operator collect sufficient information to permit reliable compliance determinations for
each such unit.
"(b) FIRST PHASE REQUIREMENTS.—Not later than thirty-six
months after enactment of the Clean Air Act Amendments of 1990,
the owner or operator of each affected unit under section 404,
including, but not limited to, units that become affected units
pursuant to subsections (b) and (c) and eligible units under subsection (d), shall install and operate CEMS, quality assure the data, and
keep records and reports in accordance with the regulations issued
under subsection (a).
"(c) SECOND PHASE REQUIREMENTS.—Not later than January 1,
1995, the owner or operator of each affected unit that has not
previously met the requirements of subsections (a) and (b) shall
install and operate CEMS, quality assure the data, and keep records
and reports in accordance with the regulations issued under subsection (a). Upon commencement of commercial operation of each new
utility unit, the unit shall comply with the requirements of subsection (a).
"(d) UNAVAILABILITY OF EMISSIONS DATA.—If CEMS data or data
from an alternative monitoring system approved by the 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 information, satisfactory to the Administrator, on emissions during that
period, the Administrator shall deem the unit to be operating in an
uncontrolled manner during the entire period for which the data
was not available and shall, by regulation which shall be issued not
later than eighteen months after enactment of the Clean Air Act
Amendments of 1990, prescribe means to calculate emissions for
that period. The owner or operator shall be liable for excess emissions fees and offsets under section 411 in accordance with such
regulations. Any fee due and payable under this subsection shall not
diminish the liability of the unit's owner or operator for any fine,
penalty, fee or assessment against the unit for the same violation
under any other section of this Act.
"(e) PROHIBITION.—It shall be unlawful for the owner or operator
of any source subject to this title to operate a source without
complying with the requirements of this section, and any regulations implementing this section.
"SEC. 413. GENERAL COMPLIANCE WITH OTHER PROVISIONS.

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 applicable 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.

"(a) DEFINITION.—For purposes of this section, 'clean coal technology' means any technology, including technologies applied at the
precombustion, combustion, or post combustion stage, at a new or
existing facility which will achieve significant reductions in air
emissions of sulfur dioxide or oxides of nitrogen associated with the
utilization of coal in the generation of electricity, process steam, or
industrial products, which is not in widespread use as of the date of
enactment of this title.
"Ot>) REVISED REGULATIONS
DEMONSTRATIONS.—

FOR

CLEAN

COAL

TECHNOLOGY

"(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

42 USC 7651n.

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 technology 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 regulations or interpretive rulings to revise requirements under section 111 and parts C and D, as appropriate, to facilitate projects
consistent in this subsection. With respect to parts C and D,
such regulations or rulings shall apply to all areas in which
EPA is the permitting authority. In those instances in which
the State is the permitting authority under part C or D, any
State may adopt and submit to the Administrator for approval
revisions to its implementation plan to apply the regulations or
rulings promulgated under this subsection.
"(c) EXEMPTION FOR REACTIVATION OF VERY CLEAN UNITS.—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 u s e 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 Special Allowance Reserve containing allowances to be sold under this
section. For purposes of establishing the Special Allowance Reserve,
the Administrator shall withhold—
"(1) 2.8 percent of the allocation of allowances for each year
from 1995 through 1999 inclusive; and
"(2) 2.8 percent of the basic Phase II allowance allocation of
allowances for each year beginning in the year 2000
which would (but for this subsection) be issued for each affected unit
at an affected source. The Administrator shall record such 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 established under this section. The Direct Sale Subaccount shall
contain allowances in the amount of 50,000 tons per year for
each year beginning in the year 2000.
"(2) SALES.—Allowances in the subaccount shall be offered for
direct sale to any person at the times and in the amounts
specified in table 1 at a price of $1,500 per allowance, adjusted
by the Consumer Price Index in the same manner as provided in
paragraph (3). Requests to purchase allowances from the Direct
Sale Subaccount established under paragraph (1) shall be approved in the order of receipt until no allowances remain in
such subaccount, except that an opportunity to purchase such
allowances shall be provided to the independent power producers referred to in this subsection before such allowances are
offered to any other person. Each applicant shall be required to
pay 50 percent of the total purchase price of the allowances
within 6 months after the approval of the request to purchase.
The remainder shall be paid on or before the transfer of the
allowances.

104 STAT. 2628

PUBLIC LAW 101-549—NOV. 15, 1990
"TABLE 1—NUMBER OF ALLOWANCES AVAILABLE FOR SALE AT $1,500 PER TON

Year of Sale

1993-1999
2000 and after

^^^^^^^
(same
year)

25,000

Advance
Sale

25,000
25,000

Allowances sold in the spot sale in any year are allowances which may only be used in that
year (unless banked for use in a later year). Allowances sold in the advance sale in any year are
allowances which may only be used in the 7th year after the year in which they are first offered
for sale (unless banked for use in a later year).

"(3) ENTITLEMENT TO WRITTEN GUARANTEE.—Any independent
power producer that submits an application to the Administrator establishing that such independent power producer—
"(A) proposes to construct a new independent power
production facility for which allowances are required under
this title;
"(B) will apply for financing to construct such facility
after January 1, 1990, and before the date of the first
auction under this section;
"(C) has submitted to each owner or operator of an
affected unit listed in table A (in section 404) a written offer
to purchase the required allowances for $750 per ton; and
"(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 (subject to the eligibility requirements set forth in paragraph (4))
that such required allowances will be made available for purchase from the Direct Sale Subaccount established under this
subsection and at a guaranteed price. The guaranteed price at
which such allowances shall be made available for purchase
shall be $1,500 per ton, adjusted by the percentage, if any, by
which the Consumer Price Index (as determined under section
502(b)(3)(B)(v)) for the year in which the allowance is purchased
exceeds the Consumer Price Index for the calendar year 1990.
"(4) ELIGIBILITY REQUIREMENTS.—The guarantee issued by the

Administrator under paragraph (3) shall be subject to a demonstration by the independent power producer, satisfactory to
the Administrator, that—
"(A) the independent power producer has—
"(i) made good faith efforts to purchase the required
allowances from the owners or operators of affected
units to which allowances will be allocated, including
efforts to purchase at annual auctions under this section, and from industrial sources that have elected to
become affected units pursuant to section 410; and
"(ii) such bids and efforts were unsuccessful in
obtaining the required allowances; and
"(B) the independent power producer will continue to
make good faith efforts to purchase the required allowances
from the owners or operators of affected units and from
industrial sources.
"(5) ISSUANCE OF GUARANTEED ALLOWANCES FROM DIRECT SALE

SUBACCOUNT UNDER THIS SECTION.—From the allowances 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 Administrator shall issue to any person exercising the right to purchase
allowances pursuant to a guarantee under this subsection the
allowances covered by such guarantee. Persons to which
guarantees under this subsection have been issued shall have
the opportunity to purchase allowances pursuant to such
guarantee from such subaccount before the allowances in such
reserve are offered for sale to any other person.
"(6) PROCEEDS.—Notwithstanding section 3302 of title 31 of
the United States Code or any other provision of law, the
Administrator shall require that the proceeds of any sale under
this subsection be transferred, within 90 days after the sale,
without charge, on a pro rata basis to the owners or operators of
the affected units from whom the allowances were withheld
under subsection Ot)) and that any unsold allowances be transferred to the Subaccount for Auction Sales established under
subsection (d). No proceeds of any sale under this subsection
shall be held by any officer or employee of the United States or
treated for any purpose as revenue to the United States or to
the Administrator.
"(7) TERMINATION OF SUBACCOUNT.—If the

Administrator

determines that, during any period of 2 consecutive calendar
years, less than 20 percent of the allowances available in the
subaccount for direct sales established under this subsection
have been purchased under this paragraph, the Administrator
shall terminate the subaccount and transfer such allowances to
the Auction Subaccount under subsection (d).
'(d) AUCTION SALES.—
"(1) SUBACCOUNT FOR AUCTIONS.—The

Administrator shall
establish an Auction Subaccount in the Special Reserve established under this section. The Auction Subaccount shall contain
allowances to be sold at auction under this section in the
amount of 150,000 tons per year for each year from 1995
through 1999, inclusive and 250,000 tons per year for each year
beginning in the calendar year 2000.
"(2) ANNUAL AUCTIONS.—Commencing in 1993 and in each 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 schedule provided by the Administrator) offers to purchase specified
numbers of allowances at specified prices. Such regulations
shall specify that the auctioned allowances shall be allocated
and sold on the basis of bid price, starting with the highestpriced 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

Year of Sale

1993
1994
1995
1996
1997
1998
1999
2000 and after

Spot
Auction
(same year)

Advance
Auction

50,000*
50,000*
50,000*
150,000
150,000
150,000
150,000
100,000

100,000
100,000
100,000
100,000
100,000
100,000
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)..

Public
information.

"(3) PROCEEDS.—(A) Notwithstanding section 3302 of title 31 of
the United States Code or any other provision of law, within 90
days of receipt, the Administrator shall transfer the proceeds
from the auction under this section, on a pro rata basis, to the
owners or operators of the affected units at an affected source
from whom allowances were withheld under subsection (b). No
funds transferred from a purchaser to a seller of allowances
under this paragraph shall be held by any officer or employee of
the United States or treated for any purpose as revenue to the
United States or the Administrator
"(B) At the end of each year, any allowances offered for sale
but not sold at the auction shall be returned without charge, on
a pro rata basis, to the owner or operator of the affected units
from whose allocation the allowances were withheld.
"(4) ADDITIONAL AUCTION PARTICIPANTS.—Any person holding
allowances or to whom allowances are allocated by the Administrator may submit those allowances to the Administrator to be
offered for sale at auction under this subsection. The proceeds of
any such sale shall be transferred at the time of sale by the
purchaser to the person submitting such allowances for sale.
The holder of allowances offered for sale under this paragraph
may specify a minimum sale price. Any person may purchase
allowances offered for auction under this paragraph. Such
allowances shall be allocated and sold to purchasers on the basis
of bid price after the auction under paragraph (2) is complete.
No funds transferred from a purchaser to a seller of allowances
under this paragraph shall be held by any officer or employee of
the United States or treated for any purpose as revenue to the
United States or the Administrator.
"(5) RECORDING BY EPA.—The Administrator shall record and
publicly report the nature, prices and results of each auction
under this subsection, including the prices of successful bids,
and shall record the transfers of allowances as a result of each
auction in accordance with the requirements of this section. The
transfer of allowances at such auction shall be recorded in
accordance with the regulations promulgated by the Administrator under this title.

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 purchased. Pursuant to regulations under this section, the Administrator may by delegation or contract provide for the conduct of sales
or auctions under the Administrator s supervision by other departments or agencies of the United States Government or by nongovernmental agencies, groups, or organizations.".
SEC. 402. FOSSIL FUEL USE.
(a) CONTRACTS FOR HYDROELECTRIC ENERGY.—Any person who,
after the date of the enactment of the Clean Air Act Amendments of
1990, enters into a contract under which such person receives
hydroelectric energy in return for the provision of electric energy by
such person shall use allowances held by such person as necessary to
satisfy such person's obligations under such contract.
(b) FEDERAL POWER MARKETING ADMINISTRATION.—A Federal
Power Marketing Administration shall not be subject to the provisions and requirements of this title with respect to electric energy
generated by hydroelectric facilities and marketed by such Power
Marketing Administration. Any person who sells or provides electric
energy to a Federal Power Marketing Administration shall comply
with the provisions and requirements of this title.
SEC. 403. REPEAL OF PERCENT REDUCTION.
(a) REPEAL.—Section 111(a)(1) of the Clean Air Act is amended to
read as follows:
"(1) The term 'standard of performance' means a standard for
emissions of air pollutants which reflects the degree of emission
limitation achievable through the application of the best system
of emission reduction which (taking into account the cost of
achieving such reduction and any nonair quality health and
environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.".
(b) REVISED REGULATIONS.—Not later than three years after the
date of enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate revised regulations for standards of
performance for new fossil fuel fired electric utility units commencing construction after the date on which such regulations are proposed that, at a minimum, require any source subject to such revised
standards to emit sulfur dioxide at a rate not greater than would
have resulted from compliance by such source with the applicable
standards of performance under this section prior to such revision.
(c) APPUCABILITY.—The provisions of subsections (a) and (b) apply
only so long as the provisions of section 403(e) of the Clean Air Act
remain in effect.
(d) BACT DETERMINATIONS.—Section 169(3) of the Clean Air Act is
amended by inserting: ", clean fuels," after "including fuel cleaning," and by adding the following at the end thereof: "Emissions

42 USC 7651b
"° '

42 USC 7411.

42 USC 7411
"ote.

42 USC 7411
"o*^42 USC 7479.

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 critically sensitive aquatic and terrestrial resources. The study required
by this section shall include, but not be limited to, consideration of
the following matters:
(1) identification of the sensitive and critically sensitive
aquatic and terrestrial resources in the United States and
Canada which may be affected by the deposition of acidic
compounds;
(2) description of the nature and numerical value of a deposition standard or standards that would be sufficient to protect
such resources;
(3) description of the use of such standard or standards in
other Nations or by any of the several States in acid deposition
control programs;
(4) description of the measures that would need to be taken to
integrate such standard or standards with the control program
required by title IV of the Clean Air Act;
(5) description of the state of knowledge with respect to
source-receptor relationships necessary to develop a control
program on such standard or standards and the additional
research that is on-going or would be needed to make such a
control program feasible; and
(6) description of the impediments to implementation of such
control program and the cost-effectiveness of deposition standards compared to other control strategies including ambient air
quality standards, new source performance standards and the
requirements of title IV of the Clean Air Act.

42 u s e 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 enactment of this Act. Lakes shall be added to the registry as they become
acidic or as data becomes available to show they are acidic. Lakes
shall be deleted from the registry as they become nonacidic.

42 u s e 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 industrial sources (as defined in title IV of the Act), including units
subject to section 405(g)(6) of the Clean Air Act, for all years for
which data are available, as well as the likely trend in such emissions over the following twenty-year period. The reports shall also

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 regulations under section 214.
(b) 5.60 MILLION TON CAP.—Whenever the inventory required by
this section indicates that sulfur dioxide emissions from industrial
sources, including units subject to section 405(g)(5) of the Clean Air
Act, may reasonably be expected to reach levels greater than 5.60
million tons per year, the Administrator of the Environmental
Protection Agency shall take such actions under the Clean Air Act
as may be appropriate to ensure that such emissions do not exceed
5.60 million tons per year. Such actions may include the promulgation of new and revised standards of performance for new sources,
including units subject to section 405(g)(5) of the Clean Air Act,
under section 111(b) of the Clean Air Act, as well as promulgation of
standards of performance for existing sources, including units subject to section 405(g)(5) of the Clean Air Act, under authority of this
section. For an existing source regulated under this section, "standard of performance" means a standard which the Administrator
determines is applicable to that source and which reflects the degree
of emission reduction achievable through the application of the best
system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and any
nonair quality health and environmental impact and energy
requirements) the Administrator determines has been adequately
demonstrated for that category of sources.
(c) ELECTION.—Regulations promulgated under section 405(b) of
the Clean Air Act shall not prohibit a source from electing to
become an affected unit under section 410 of the Clean Air Act.
SEC. 407. SENSE OF THE CONGRESS ON EMISSION REDUCTIONS COSTS. 42 USC 7651

It is the sense of the Congress that the Clean Air Act Amendments of 1990, through the allowance program, allocates the costs of
achieving the required reductions in emissions of sulfur dioxide and
oxides of nitrogen among sources in the United States. Broad based
taxes and emissions fees that would provide for payment of the costs
of achieving required emissions reductions by any party or parties
other than the sources required to achieve the reductions are
undesirable.
SEC. 408. MONITOR ACID RAIN PROGRAM IN CANADA.

(a) REPORTS TO CONGRESS.—The Administrator of the Environmental Protection Agency, in consultation with the Secretary of
State, the Secretary of Energy, and other persons the Administrator
deems appropriate, shall prepare and submit a report to Congress on
January 1, 1994, January 1,1999, and January 1, 2005.
(b) CONTENTS.—The report to Congress shall analyze the current
emission levels of sulfur dioxide and nitrogen oxides in each of the
provinces participating in Canada's acid rain control program, the
amount of emission reductions of sulfur dioxide and oxides of nitrogen achieved by each province, the methods utilized by each province in making those reductions, the costs to each province and the
employment impacts in each province of making and maintaining
those reductions.
(c) COMPLIANCE.—Beginning on January 1, 1999, the reports shall
also assess the degree to which each province is complying with its
stated emissions cap.

42 USC 7651

104 STAT. 2634

PUBLIC LAW 101-549—NOV. 15, 1990

SEC. 409. REPORT ON CLEAN COAL TECHNOLOGIES EXPORT PROGRAMS.

The Secretary of Energy in consultation with the Secretary of
Commerce shall provide a report to the Congress within one year of
enactment of this legislation which will identify, inventory and
analyze clean coal technologies export programs within United
States Government agencies including the Departments of State,
Commerce, and Energy and at the Export-Import Bank and the
Overseas Private Investment Corporation. The study shall address
the effectiveness of interagency coordination of export promotion
and determine the feasibility of establishing an interagency commission for the purpose of promoting the export and use of clean coal
technologies.
SEC. 410. ACID DEPOSITION RESEARCH BY THE UNITED STATES FISH AND
WILDLIFE SERVICE.
Appropriation
authorization.

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.

Appropriation
authorization.

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.

42 use 7410.

Section 110(f)(1) of the Clean Air Act is amended by inserting "or
of any requirement under section 411 (concerning excess emissions
penalties or offsets) of title IV of the Act" after "implementation
plan".
SEC. 413. SPECIAL CLEAN COAL TECHNOLOGY PROJECT.

(a) DEMONSTRATION PROJECT.—The Secretary of Energy shall, subject to appropriation, as part of the Secretary's activities with
respect to fossil energy research and development under the Department of Energy Organization Act (Public Law 95-91) consider funding at least 50 percent of the cost of a demonstration project to
design, construct, and test a technology system for a cyclone boiler
that will serve as a model for sulfur dioxide and nitrogen oxide
reduction technology at a combustion unit required to meet the
emissions reductions prescribed in this bill. The Secretary shall
expedite approval and funding to enable such project to be completed no later than January 1,1995.
The unit selected for this project shall be in a utility plant that (1)
is among the top 10 emitters of sulfur dioxide as identified on Table
A of section 404; (2) has 3 or more units, 2 of which are cyclone boiler
units; and (3) has no existing scrubbers.
(b) AUTHORIZATION.—There are authorized to be appropriated
such sums as may be necessary to carry out this section, to remain
available until expended.

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.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.

501.
502.
503.
504.
505.
506.
507.

Definitions.
Permit programs.
Permit applications.
Permit requirements and conditions.
Notification to Administrator and contiguous States.
Other authorities.
Small business stationary source technical and environmental compliance 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 compliance' means a schedule of remedial measures, including an
enforceable sequence of actions or operations, leading to compliance with an applicable implementation plan, emission standard, emission limitation, or emission prohibition.
"(4) PERMITTING AUTHORITY.—The term 'permitting authority'
means the Administrator or the air pollution control agency
authorized by the Administrator to carry out a permit program
under this title.
"SEC. 502. PERMIT PROGRAMS.

"(a) VIOLATIONS.—After the effective date of any permit program
approved or promulgated under this title, it shall be unlawful for
any person to violate any requirement of a permit issued under this
title, or to operate an affected source (as provided in title IV), a
major source, any other source (including an area source) subject to
standards or regulations under section 111 or 112, any other source
required to have a permit under parts C or D of title I, or any other
stationary source in a category designated (in whole or in part) by
regulations promulgated by the Administrator (after notice and
public comment) which shall include a finding setting forth the basis
for such designation, except in compliance with a permit issued by a
permitting authority under this title. (Nothing in this subsection
shall be construed to alter the applicable requirements of this Act
that a permit be obtained before construction or modification.) The
Administrator may, in the Administrator's discretion and consistent
with the applicable provisions of this Act, promulgate regulations to
exempt one or more source categories (in whole or in part) from the

42 USC 7661a.

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 elements of a permit program to be administered by any air pollution
control agency. These elements shall include each of the following:
"(1) Requirements for permit applications, including a standard application form and criteria for determining in a timely
fashion the completeness of applications.
"(2) Monitoring and reporting requirements.
"(3)(A) A requirement under State or local law or interstate
compact that the owner or operator of all sources subject to the
requirement to obtain a permit under this title pay an annual
fee, or the equivalent over some other period, sufficient to cover
all reasonable (direct and indirect) costs required to develop and
administer the permit program requirements of this title,
including section 507, including the reasonable costs of—
"(i) reviewing and acting upon any application for such a
permit,
"(ii) if the owner or operator receives a permit for such
source, whether before or after the date of the enactment of
the Clean Air Act Amendments of 1990, implementing and
enforcing the terms and conditions of any such permit (not
including any court costs or other costs associated with any
enforcement action),
"(iii) emissions and ambient monitoring,
"(iv) preparing generally applicable regulations, or
guidance,
"(v) modeling, analyses, and demonstrations, and
"(vi) preparing inventories and tracking emissions.
"(B) The total amount of fees collected by the permitting
authority shall conform to the following requirements:
"(i) The Administrator shall not approve a program as
meeting the requirements of this paragraph unless the
State demonstrates that, except as otherwise provided in
subparagraphs (ii) through (v) of this subparagraph, the
program will result in the collection, in the aggregate, from
all sources subject to subparagraph (A), of an amount not
less than $25 per ton of each regulated pollutant, or such
other amount as the Administrator may determine adequately reflects the reasonable costs of the permit program.
"(ii) As used in this subparagraph, the term 'regulated
pollutant' shall mean (I) a volatile organic compound; (II)
each pollutant regulated under section 111 or 112; and (III)
each pollutant for which a national primary ambient air
quality standard has been promulgated (except that carbon
monoxide shall be excluded from this reference).
"(iii) In determining the amount under clause (i), the
permitting authority is not required to include any amount
of regulated pollutant emitted by any source in excess of
4,000 tons per year of that regulated pollutant.
"(iv) The requirements of clause (i) shall not apply if the
permitting authority demonstrates that collecting an

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 allurban consumers published by the Department of
Labor, as of the close of the 12-month period ending on
August 31 of each calendar year, and
"(II) the revision of the Consumer Price Index which
is most consistent with the Consumer Price Index for
calendar year 1989 shall be used.
"(C)(i) If the Administrator determines, under subsection (d),
that the fee provisions of the operating permit program do not
meet the requirements of this paragraph, or if the Administrator makes a determination, under subsection (i), that the
permitting authority is not adequately administering or enforcing an approved fee program, the Administrator may, in addition to taking any other action authorized under this title,
collect reasonable fees from the sources identified under
subparagraph (A). Such fees shall be designed solely to cover the
Administrator's costs of administering the provisions of the
permit program promulgated by the Administrator.
"(ii) Any source that fails to pay fees lawfully imposed by the
Administrator under this subparagraph shall pay a penalty of
50 percent of the fee amount, plus interest on the fee amount
computed in accordance with section 6621(a)(2) of the Internal
Revenue Code of 1986 (relating to computation of interest on
underpayment of Federal taxes).
"(iii) Any fees, penalties, and interest collected under this
subparagraph shall be deposited in a special fund in the United
States Treasury for licensing and other services, which thereafter shall be available for appropriation, to remain available
until expended, subject to appropriation, to carry out the Agency's activities for which the fees were collected. Any fee
required to be collected by a State, local, or interstate agency
under this subsection shall be utilized solely to cover all reasonable (direct and indirect) costs required to support the permit
program as set forth in subparagraph (A).
"(4) Requirements for adequate personnel and funding to
administer the program.
"(5) A requirement that the permitting authority have adequate authority to:
"(A) issue permits and assure compliance by all sources
required to have a permit under this title with each
applicable standard, regulation or requirement under this
Act;
"(B) issue permits for a fixed term, not to exceed 5 years;

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 incorporate emission limitations and other requirements in an
applicable implementation plan;
"(D) terminate, modify, or revoke and reissue permits for
cause;
"(E) enforce permits, permit fee requirements, and the
requirement to obtain a permit, including authority to
recover civil penalties in a maximum amount of not less
than $10,000 per day for each violation, and provide appropriate criminal penalties; and
"(F) assure that no permit will be issued if the Administrator objects to its issuance in a timely manner under this
title.
"(6) Adequate, streamlined, and reasonable procedures for
expeditiously determining when applications are complete, for
processing such applications, for public notice, including offering an opportunity for public comment and a hearing, and for
expeditious review of permit actions, including applications,
renewals, or revisions, and including an opportunity for judicial
review in State court of the final permit action by the applicant,
any person who participated in the public comment process, and
any other person who could obtain judicial review of that action
under applicable law.
"(7) To ensure against unreasonable delay by the permitting
authority, adequate authority and procedures to provide that a
failure of such permitting authority to act on a permit application or permit renewal application (in accordance with the time
periods specified in section 503 or, as appropriate, title IV) shall
be treated as a final permit action solely for purposes of obtaining judicial review in State court of an action brought by any
person referred to in paragraph (6) to require that action be
taken by the permitting authority on such application without
additional delay.
"(8) Authority, and reasonable procedures consistent with the
need for expeditious action by the permitting authority on
permit applications and related matters, to make available to
the public any permit application, compliance plan, permit, and
monitoring or compliance report under section 503(e), subject to
the provisions of section 114(c) of this Act.
"(9) A requirement that the permitting authority, in the case
of permits with a term of 3 or more years for major sources,
shall require revisions to the permit to incorporate applicable
standards and regulations promulgated under this Act after the
issuance of such permit. Such revisions shall occur as expeditiously as practicable and consistent with the procedures established under paragraph (6) but not later than 18 months after
the promulgation of such standards and regulations. No such
revision shall be required if the effective date of the standards
or regulations is a date after the expiration of the permit term.
Such permit revision shall be treated as a permit renewal if it
complies with the requirements of this title regarding renewals.
"(10) Provisions to allow changes within a permitted facility
(or one operating pursuant to section 503(d)) without requiring a
permit revision, if the changes are not modifications under any
provision of title I and the changes do not exceed the emissions
allowable under the permit (whether expressed therein 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 authority with written notification in advance of the proposed changes
which shall be a minimum of 7 days, unless the permitting
authority provides in its regulations a different timeframe for
emergencies.
"(c) SINGLE PERMIT.—A single permit may be issued for a facility
with multiple sources.
"(d) SUBMISSION AND APPROVAL,—(1) Not later than 3 years after
the date of the enactment of the Clean Air Act Amendments of 1990,
the Governor of each State shall develop and submit to the Administrator a permit program under State or local law or under an
interstate compact meeting the requirements of this title. In addition, the Governor shall submit a legal opinion from the attorney
general (or the attorney for those State air pollution control agencies that have independent legal counsel), or from the chief legal
officer of an interstate agency, that the laws of the State, locality, or
the interstate compact provide adequate authority to carry out the
program. Not later than 1 year after receiving a program, and after
notice and opportunity for public comment, the Administrator shall
approve or disapprove such program, in whole or in part. The
Administrator may approve a program to the extent that the program meets the requirements of this Act, including the regulations
issued under subsection (b). If the program is disapproved, in whole
or in part, the Administrator shall notify the Governor of any
revisions or modifications necessary to obtain approval. The Governor shall revise and resubmit the program for review under this
section within 180 days after receiving notification.
"(2)(A) If the Governor does not submit a program as required
under paragraph (1) or if the Administrator disapproves a program
submitted by the Governor under paragraph (1), in whole or in part,
the Administrator may, prior to the expiration of the 18-month
period referred to in subparagraph (B), in the Administrator's
discretion, apply any of the sanctions specified in section 179(b).
"(B) If the Governor does not submit a program as required under
paragraph (1), or if the Administrator disapproves any such program
submitted by the Governor under paragraph (1), in whole or in part,
18 months after the date required for such submittal or the date of
such disapproval, as the case may be, the Administrator shall apply
sanctions under section 179(b) in the same manner and subject to
the same deadlines and other conditions as are applicable in the
case of a determination, disapproval, or finding under section 179(a).
"(C) The sanctions under section 179(b)(2) shall not apply pursuant
to this paragraph in any area unless the failure to submit or the
disapproval referred to in subparagraph (A) or (B) relates to an air
pollutant for which such area has been designated a nonattainment
area (as defined in part D of title I).
"(3) If a program meeting the requirements of this title has not
been approved in whole for any State, the Administrator shall, 2
years after the date required for submission of such a program
under paragraph (1), promulgate, administer, and enforce a program
under this title for that State.
"(e) SUSPENSION.—The Administrator shall suspend the issuance
of permits promptly upon publication of notice of approval of a
permit program under this section, but may, in such notice, retain
jurisdiction over permits that have been federally issued, but for
which the administrative or judicial review process is not complete.
The Administrator shall continue to administer and enforce 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 requirements of this title, but is not fully approvable, the Administrator
may by rule grant the program interim approval. In the notice of
final rulemaking, the Administrator shall specify the changes that
must be made before the program can receive full approval. An
interim approval under this subsection shall expire on a date set by
the Administrator not later than 2 years after such approval, and
may not be renewed. For the period of any such interim approval,
the provisions of subsection (d)(2), and the obligation of the Administrator to promulgate a program under this title for the State
pursuant to subsection (d)(3), shall be suspended. Such provisions
and such obligation of the Administrator shall apply after the
expiration of such interim approval.
"(h) EFFECTIVE DATE.—The effective date of a permit program, or
partial or interim program, approved under this title, shall be the
effective date of approval by the Administrator. The effective date of
a permit program, or partial permit program, promulgated by the
Administrator shall be the date of promulgation.
"(i)

ADMINISTRATION AND

ENFORCEMENT.—(1)

Whenever

the

Administrator makes a determination that a permitting authority is
not adequately administering and enforcing a program, or portion
thereof, in accordance with the requirements of this title, the
Administrator shall provide notice to the State and may, prior to the
expiration of the 18-month period referred to in paragraph (2), in the
Administrator's discretion, apply any of the sanctions specified in
section 179(b).
"(2) Whenever the Administrator makes a determination that a
permitting authority is not adequately administering and enforcing
a program, or portion thereof, in accordance with the requirements
of this title, 18 months after the date of the notice under paragraph
(1), the Administrator shall apply the sanctions under section 179(b)
in the same manner and subject to the same deadlines and other
conditions as are applicable in the case of a determination, disapproval, or finding under section 179(a).
"(3) The sanctions under section 179(b)(2) shall not apply pursuant
to this subsection in any area unless the failure to adequately
enforce and administer the program relates to an air pollutant for
which such area has been designated a nonattainment area.

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2641

"(4) Whenever the Administrator has made a finding under paragraph (1) with respect to any State, unless the State has corrected
such deficiency within 18 months after the date of such finding, the
Administrator shall, 2 years after the date of such finding, promulgate, administer, and enforce a program under this title for that
State. Nothing in this paragraph shall be construed to affect the
validity of a program which has been approved under this title or
the authority of any permitting authority acting under such program until such time as such program is promulgated by the
Administrator under this paragraph.
"SEC. 503. PERMIT APPLICATIONS.

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 periodically (but no less frequently than annually) certify that the facility
is in compliance with any applicable requirements of the permit,
and to promptly report any deviations from permit requirements to
the permitting authority.
"(c) DEADLINE.—Any person required to have a permit shall, not
later than 12 months after the date on which the source becomes
subject to a permit program approved or promulgated under this
title, or such earlier date as the permitting authority may establish,
submit to the permitting authority a compliance plan and an
application for a permit signed by a responsible official, who shall
certify the accuracy of the information submitted. The permitting
authority shall approve or disapprove a completed application
(consistent with the procedures established under this title for
consideration of such applications), and shall issue or deny the
permit, within 18 months after the date of receipt thereof, except
that the permitting authority shall establish a phased schedule for
acting on permit applications submitted within the first full year
after the effective date of a permit program (or a partial or interim
program). Any such schedule shall assure that at least one-third of
such permits will be acted on by such authority annually over a
period of not to exceed 3 years after such effective date. Such
authority shall establish reasonable procedures to prioritize such
approval or disapproval actions in the case of applications for
construction or modification under the applicable requirements of
this Act.
"(d) TIMELY AND COMPLETE APPUCATIONS.—Except for sources
required to have a permit before construction or modification under
the applicable requirements of this Act, if an applicant has submitted a timely and complete application for a permit required by this
title (including renewals), but final action has not been taken on
such application, the source's failure to have a permit shall not be a

104 STAT. 2642

Public
information.

42 u s e 7661c.

PUBLIC LAW 101-549—NOV. 15, 1990

violation of this Act, unless the delay in final action was due to the
failure of the applicant timely to submit information required or
requested to process the application. No source required to have a
permit under this title shall be in violation of section 502(a) before
the date on which the source is required to submit an application
under subsection (c).
"(e) COPIES; AVAILABILITY.—A copy of each permit application,
compliance plan (including the schedule of compliance), emissions or
compliance monitoring report, certification, and each permit issued
under this title, shall be available to the public. If an applicant or
permittee is required to submit information entitled to protection
from disclosure under section 114(c) of this Act, the applicant or
permittee may submit such information separately. The requirements of section 114(c) shall apply to such information. The contents
of a permit shall not be entitled to protection under section 114(c).
"SEC. 504. PERMIT REQUIREMENTS AND CONDITIONS.

"(a) CONDITIONS.—Each permit issued under this title shall
include enforceable emission limitations and standards, a schedule
of compliance, a requirement that the permittee submit to the
permitting authority, no less often than every 6 months, the results
of any required monitoring, and such other conditions as are necessary to assure compliance with applicable requirements of this
Act, including the requirements of the applicable implementation
plan.
"(b) MONITORING AND ANALYSIS.—The Administrator may by rule
prescribe procedures and methods for determining compliance and
for monitoring and analysis of pollutants regulated under this Act,
but continuous emissions monitoring need not be required if alternative methods are available that provide sufficiently reliable and
timely information for determining compliance. Nothing in this
subsection shall be construed to affect any continuous emissions
monitoring requirement of title IV, or where required elsewhere in
this Act.
"(c) INSPECTION, ENTRY, MONITORING, CERTIFICATION, AND REPORT-

ING.—Each permit issued under this title shall set forth inspection,
entry, monitoring, compliance certification, and reporting requirements to assure compliance with the permit terms and conditions.
Such monitoring and reporting requirements shall conform to any
applicable regulation under subsection (b). Any report required to be
submitted by a permit issued to a corporation under this title shall
be signed by a responsible corporate official, who shall certify its
accuracy.
"(d) GENERAL PERMITS.—The permitting authority may, after
notice and opportunity for public hearing, issue a general permit
covering numerous similar sources. Any general permit shall
comply with all requirements applicable to permits under this title.
No source covered by a general permit shall thereby be relieved
from the obligation to file an application under section 503.
"(e) TEMPORARY SOURCES.—The permitting authority may issue a
single permit authorizing emissions from similar operations at multiple temporary locations. No such permit shall be issued unless it
includes conditions that will assure compliance with all the requirements of this Act at all authorized locations, including, but not
limited to, ambient standards and compliance with any applicable
increment or visibility requirements under part C of title I. Any
such permit shall in addition require the owner or operator to notify

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 operations at each location.
"(f) PERMIT SHIELD.—Compliance with a permit issued in accordance with this title shall be deemed compliance with section 502.
Except £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 if—
"(1) the permit includes the applicable requirements of such
provisions, or
"(2) the permitting authority in acting on the permit application makes a determination relating to the permittee that such
other provisions (which shall be referred to in such determination) are not applicable and the permit includes the determination or a concise summary thereof.
Nothing in the preceding sentence shall alter or affect the
provisions of section 303, including the authority of the Administrator under that section.
"SEC. 505. NOTIFICATION TO ADMINISTRATOR AND CONTIGUOUS STATES.

"(a) TRANSMISSION AND NOTICE.—(1) Each permitting authority—
"(A) shall transmit to the Administrator a copy of each
permit application (and any application for a permit modification or renewal) or such portion thereof, including any compliance plan, as the Administrator may require to effectively
review the application and otherwise to carry out the Administrator's responsibilities under this Act, and
"(B) shall provide to the Administrator a copy of each permit
proposed to be issued and issued as a final permit.
"(2) The permitting authority shall notify all States—
"(A) whose air quality may be affected and that are contiguous to the State in which the emission originates, or
"(B) that are within 50 miles of the source,
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 authority, such authority shall notify the State submitting the recommendations and the Administrator in writing of its failure to
accept those recommendations and the reasons therefor.
"(b) OBJECTION BY EPA.—(1) If any permit contains provisions
that are determined by the Administrator as not in compliance with
the applicable requirements of this Act, including the requirements
of an applicable implementation plan, the Administrator shall, in
accordance with this subsection, object to its issuance. The permitting authority shall respond in writing if the Administrator (A)
within 45 days after receiving a copy of the proposed permit under
subsection (a)(1), or (B) within 45 days after receiving notification
under subsection (a)(2), objects in writing to its issuance as not in
compliance with such requirements. With the objection, the
Administrator shall provide a statement of the reasons for the
objection, A copy of the objection and statement shall be provided to
the applicant.
"(2) If the Administrator does not object in writing to the issuance
of a permit pursuant to paragraph (1), any person may petition the

42 USC 7661d.

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 Administrator shall grant or deny such petition within 60 days after the
petition is filed. The Administrator shall issue an objection within
such period if the petitioner demonstrates to the Administrator that
the permit is not in compliance with the requirements of this Act,
including the requirements of the applicable implementation plan.
Any denial of such petition shall be subject to judicial review under
section 307. The Administrator shall include in regulations under
this title provisions to implement this paragraph. The Administrator may not delegate the requirements of this paragraph.
"(3) Upon receipt of an objection by the Administrator under this
subsection, the permitting authority may not issue the permit
unless it is revised and issued in accordance with subsection (c). If
the permitting authority has issued a permit prior to receipt of an
objection by the Administrator under paragraph (2) of this subsection, the Administrator shall modify, terminate, or revoke such
permit and the permitting authority may thereafter only issue a
revised permit in accordance with subsection (c).
"(c) ISSUANCE OR DENIAL.—If the permitting authority fails,
within 90 days after the date of an objection under subsection (b), to
submit a permit revised to meet the objection, the Administrator
shall issue or deny the permit in accordance with the requirements
of this title. No objection shall be subject to judicial review until the
Administrator takes final action to issue or deny a permit under this
subsection.
"(d) WAIVER OF NOTIFICATION REQUIREMENTS.—(1) The

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 Administrator by rule.
"(e) REFUSAL OF PERMITTING AUTHORITY TO TERMINATE, MODIFY,

OR REVOKE AND REISSUE.—If the Administrator finds that cause
exists to terminate, modify, or revoke and reissue a permit under
this title, the Administrator shall notify the permitting authority
and the source of the Administrator's finding. The permitting
authority shall, within 90 days after receipt of such notification,
forward to the Administrator under this section a proposed determination of termination, modification, or revocation and reissuance,

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 information. 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, terminate, modify, or revoke and reissue the permit.
"SEC. 506. OTHER AUTHORITIES.

42 u s e 7661e.

"(a) IN GENERAL.—Nothing in this title shall prevent a State, or
interstate permitting authority, from establishing additional permitting requirements not inconsistent with this Act.
"(b) PERMITS IMPLEMENTING ACID RAIN PROVISIONS.—The provisions of this title, including provisions regarding schedules for
submission and approval or disapproval of permit applications, shall
apply to permits implementing the requirements of title IV except
as modified by that title.
"SEC.

507. SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND 42 u s e 7661f.
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 assistance program. Such submission shall be made within 24 months
after the date of the enactment of the Clean Air Act Amendments of
1990. The Administrator shall approve such program if it includes
each of the following:
"(1) Adequate mechanisms for developing, collecting, and coordinating information concerning compliance methods and
technologies for small business stationary sources, and programs to encourage lawful cooperation among such sources and
other persons to further compliance with this Act.
"(2) Adequate mechanisms for assisting small business
stationary sources with pollution prevention and accidental
release detection and prevention, including providing information concerning alternative technologies, process changes, products, and methods of operation that help reduce air pollution.
"(3) A designated State office within the relevant State
agency to serve as ombudsman for small business stationary
sources in connection with the implementation of this Act.
"(4) A compliance assistance program for small business
stationary sources which assists small business stationary
sources in determining applicable requirements and in receiving permits under this Act in a timely and efficient manner.
"(5) Adequate mechanisms to assure that small business
stationary sources receive notice of their rights under this Act
in such manner and form as to assure reasonably adequate time
for such sources to evaluate compliance methods and any relevant or applicable proposed or final regulation or standard
issued under this Act.

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 of—
"(A) any work practice or technological method of compliance, or
"(B) the schedule of milestones for implementing such
work practice or method of compliance preceding any applicable compliance date,
based on the technological and financial capability of any such
small business stationary source. No such modification may be
granted unless it is in compliance with the applicable requirements of this Act, including the requirements of the applicable
implementation plan. Where such applicable requirements are
set forth in Federal regulations, only modifications authorized
in such regulations may be allowed.
"(b) PROGRAM.—The Administrator shall establish within 9
months after the date of the enactment of the Clean Air Act
Amendments of 1990 a small business stationary source technical
and environmental compliance assistance program. Such program
shall—
"(1) assist the States in the development of the program
required under subsection (a) (relating to assistance for small
business stationary sources);
"(2) issue guidance for the use of the States in the implementation of these programs that includes alternative control technologies and pollution prevention methods applicable
to small business stationary sources; and
"(3) provide for implementation of the program provisions
required under subsection (a)(4) in any State that fails to submit
such a program under that subsection.
"(c) ELIGIBILITY.—(1) Except as provided in paragraphs (2) and (3),
for purposes of this section, the term 'small business stationary
source' means a stationary source that—
"(A) is owned or operated by a person that employs 100 or
fewer individuals,
"(B) is a small business concern as defined in the Small
Business Act;
"(C) is not a major stationary source;
"(D) does not emit 50 tons or more per year of any regulated
pollutant; and
"(E) emits less than 75 tons per year of all regulated
pollutants.
"(2) Upon petition by a source, the State may, after notice and
opportunity for public comment, include as a small business stationary source for purposes of this section any stationary source which
does not meet the criteria of subparagraphs (C), (D), or (E) of
paragraph (1) but which does not emit more than 100 tons per year
of all regulated pollutants.
"(3)(A) The Administrator, in consultation with the Administrator
of the Small Business Administration and after providing notice and
opportunity for public comment, may exclude from the small business stationary source definition under this section any category or
subcategory of sources that the Administrator determines to have

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2647

sufficient technical and financial capabilities to meet the requirements of this Act without the application of this subsection.
"(B) The State, in consultation with the Administrator and the
Administrator of the Small Business Administration and after
providing notice and opportunity for public hearing, may exclude
from the small business stationary source definition under this
section any category or subcategory of sources that the State determines to have sufficient technical and financial capabilities to meet
the requirements of this Act without the application of this
subsection.
"(d) MONITORING.—The Administrator shall direct the Agency's
Office of Small and Disadvantaged Business Utilization through the
Small Business Ombudsman (hereinafter in this section referred to
as the 'Ombudsman') to monitor the small business stationary
source technical and environmental compliance 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 Environmental Compliance Assistance Program, difficulties encountered, 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 Environmental 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 reports 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 environmental 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 leadership of the lower house, or in the case of a unicameral State
legislature, 2 members each shall be selected by the majority
leadership and the minority leadership, respectively, of such
legislature, and subparagraph (C) shall not apply);
"(C) 2 members selected by the State legislature who are
owners, or who represent owners, of small business stationary
sources (1 member each by the majority and minority leadership of the upper house, or the equivalent State entity); and
"(D) 1 member selected by the head of the department or
agency of the State responsible for air pollution permit programs to represent that agency.
"(f) FEES.—The State (or the Administrator) may reduce any fee
required under this Act to take into account the financial resources
of small business stationary sources.
"(g) CONTINUOUS EMISSION MONITORS.—In developing regulations
and CTGs under this Act that contain continuous emission monitoring requirements, the Administrator, consistent with the requirements of this Act, before applying such requirements to small
business stationary sources, shall consider the necessity and appropriateness of such requirements for such sources. Nothing in this
subsection shall affect the applicability of title IV provisions relating to continuous emissions monitoring.
"(h) CONTROL TECHNIQUE 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.

42 use

Part B of title I of the Clean Air Act entitled "Ozone Protection",
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.
'Sec.
'Sec.
'Sec.
'Sec.
'Sec.
'Sec.
'Sec.
'Sec.
'Sec.
'Sec.
"Sec.
'Sec.
"Sec.
"Sec.
'Sec.
"Sec.
"Sec.

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

•SEC. 601. DEFINITIONS.

*

"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 of—
"(i) any substance added to the list of class I substances after the publication of the initial list under
section 602(a), and
"(ii) any class II substance.
"(3) CLASS I SUBSTANCE.—The term 'class I substance' means
each of the substances listed as provided in section 602(a).
"(4) CLASS II SUBSTANCE.—The term 'class II substance' means
each of the substances listed as provided in section 602(b).
"(5) COMMISSIONER.—The term 'Commissioner' means the
Commissioner of the Food and Drug Administration.
"(6) CONSUMPTION.—The term 'consumption' means, with respect to any substance, the amount of that substance produced
in the United States, plus the amount imported, minus the
amount exported to Parties to the Montreal Protocol. Such term
shall be construed in a manner consistent with the Montreal
Protocol.
"(7) IMPORT.—The term 'import' means to land on, bring into,
or introduce into, or attempt to land on, bring into, or introduce
into, any place subject to the jurisdiction of the United States,
whether or not such landing, bringing, or introduction con-

42 USC 7671.

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 necessary, approved by the Commissioner; and
"(B) if such device, product, drug, or drug delivery
system, has, after notice and opportunity for public comment, been approved and determined to be essential by the
Commissioner in consultation with the Administrator.
"(9) MONTREAL PROTOCOL.—The terms 'Montreal Protocol' and
'the Protocol' mean the Montreal Protocol on Substances that
Deplete the Ozone Layer, a protocol to the Vienna Convention
for the Protection of the Ozone Layer, including adjustments
adopted by Parties thereto and amendments that have entered
into force.
"(10) OZONE-DEPLETION POTENTIAL.—The term 'ozone-depletion
potential' means a factor established by the Administrator to
reflect the ozone-depletion potential of a substance, on a mass
per kilogram basis, as compared to chlorofluorocarbon-11
(CFC-11). Such factor shall be based upon the substance's atmospheric lifetime, the molecular weight of bromine and chlorine, and the substance's ability to be photoljrtically disassociated, and upon other factors determined to be an accurate
measure of relative ozone-depletion potential.
"(11) PRODUCE, PRODUCED, AND PRODUCTION.—The terms
'produce', 'produced', and 'production', refer to the manufacture
of a substance from any raw material or feedstock chemical, but
such terms do not include—
"(A) the manufacture of a substance that is used and
entirely consumed (except for trace quantities) in the manufacture of other chemicals, or
"(B) the reuse or recycling of a substance.

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
chloronuorocarbon-211
chlorofluorocarbon-212
chlorofluorocarbon-213
chlorofluorocarbon-214
chloronuorocarbon-215
chlorofluorocarbon-216
chlorofluorocarbon-217

104 STAT. 2651

(CFC-211)
(CFC-212)
(CFC-213)
(CFC-214)
(CFC-215)
(CFC-216)
(CFC-217)

Group IV
carbon tetrachloride
Group V
methyl chloroform

The initial list under this subsection shall also include the isomers
of the substances listed above, other than 1,1,2-trichloroethane (an
isomer of methyl chloroform). Pursuant to subsection (c), the
Administrator shall add to the list of class I substances any other
substance that the Administrator finds causes or contributes significantly to harmful effects on the stratospheric ozone layer. The
Administrator shall, pursuant to subsection (c), add to such list all
substances that the Administrator determines have an ozone depletion potential of 0.2 or greater.
"(h) LIST OF CLASS II SUBSTANCES.—Simultaneously with publication of the initial list of class I substances, the Administrator shall
publish an initial list of class II substances, which shall contain the
following substances:
hydrochlorofluorocarbon-21 (HCFC-21)
hydrochlorofluorocarbon-22(HCFC-22)
hydrochlorofluorocarbon-31 (HCFC-31)
hydrochlorofluorocarbon-121 (HCFC-121)
hydrochlorofluorocarbon-122(HCFC-122)
hydrochlorofluorocarbon-123(HCFC-123)
hydrochlorofluorocarbon-124 (HCFC-124)
hydrochlorofluorocarbon-131 (HCFC-131)
hydrochlorofluorocarbon-132 (HCFC-132)
hydrochlorofluorocarbon-133(HCFC-133)
hydrochlorofluorocarbon-141 (HCFC-141)
hydrochlorofluorocarbon-142 (HCFC-142)
hydrochlorofluorocarbon-221 (HCFC-221)
hydrochlorofluorocarbon-222(HCFC-222)
hydrochlorofluorocarbon-223 (HCFC-223)
hydrochlorofluorocarbon-224(HCFC-224)
hydrochlorofluorocarbon-225 (HCFC-225)
hydrochlorofluorocarbon-226 (HCFC-226)
hydrochlorofluorocarbon-231 (HCFC-231)
hydrochlorofluorocarbon-232 (HCFC-232)
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 Administrator proposes to add a substance to such list, the Administrator
shall add, by rule, (or make a final determination not to add) such
substance to such list within 1 year after receiving such petition.
Any petition under this paragraph shall include a showing by the
petitioner that there are data on the substance adequate to support
the petition. If the Administrator determines that information on
the substance is not sufficient to make a determination under this
paragraph, the Administrator shall use any authority available to
the Administrator, under any law administered by the Administrator, to acquire such information.
"(4) Only a class II substance which is added to the list of class I
substances may be removed from the list of class II substances. No
substance referred to in subsection (a), including methyl chloroform,
may be removed from the list of class I substances.
"(d) N E W LISTED SUBSTANCES.—In the case of any substance added
to the list of class I or class II substances after publication of the
initial list of such substances under this section, the Administrator
may extend any schedule or compliance deadline contained in section 604 or 605 to a later date than specified in such sections if such
schedule or deadline is unattainable, considering when such substance is added to the list. No extension under this subsection may
extend the date for termination of production of any CIEISS I substance to a date more than 7 years after January 1 of the year after
the year in which the substance is added to the list of class I
substances. No extension under this subsection may extend the date
for termination of production of any class II substance to a date
more than 10 years after January 1 of the year after the year in
which the substance is added to the list of class II substances.
"(e)

OZONE-DEPLETION AND GLOBAL WARMING POTENTIAL.—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 substance. One year after enactment of the Clean Air Act Amendments
of 1990 (one year after the addition of a substance to either of such
lists in the case of a substance added after the publication of the

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 warming potential of each listed substance. The preceding sentence shall
not be construed to be the basis of any additional regulation under
this Act. In the case of the substances referred to in table 1, the
ozone-depletion potential shall be as specified in table 1, unless the
Administrator adjusts the substance's ozone-depletion potential
based on criteria referred to in section 601(10):
"TABLE 1

chlorofluorocarbon-11 (CFC-11)
chlorofluorocarbon-12 (CFC-12)
chlorofluorocarbon-13 (CFC-13)
chlorofluorocarbon-lll (CFC-111)
chlorofluorocarbon-112 (CFC-112)
chIorofluorocarbon-113 (CFC-113)
chlorofluorocarbon-114 (CFC-114)
chlorofluorocarbon-115 (CFC-115)
chIorofluorocarbon-211 (CFC-211)
chlorofluorocarbon-212 (CFC-212)
chlorofluorocarbon-213 (CFC-213)
chlorofluorocarbon-214 (CFC-214)
chlorofluorocarbon-215 (CFC-215)
chlorofluorocarbon-216 (CFC-216)
chlorofluorocarbon-217 (CFC-217)
halon-1211
halon-1301
halon-2402
carbon tetrachloride
methyl chloroform
hydrochlorofluorocarbon-22 (HCFC-22)
hydrochlorofluorocarbon-123(HCFC-123)
hydrochlorofluorocarbon-124 (HCFC-124)
hydrochlorofluorocarbon-141(b)(HCFC-141(b))
hydrochlorofluorocarbon-142(b) (HCFC-142(b))

1.0
1.0
1.0
1.0
1.0
0.8
1.0
0.6
1.0
1.0
1.0
1.0
1.0
1.0
1.0
3.0
10.0
6.0
1.1
0.1
0.05
0.02
0.02
0.1
0.06

Where the ozone-depletion potential of a substance is specified in
the Montreal Protocol, the ozone-depletion potential specified for
that substance under this section shall be consistent with the Montreal Protocol.
"SEC. 603. MONITORING AND REPORTING REQUIREMENTS.

"(a) REGULATIONS.—Within 270 days after the enactment of the
Clean Air Act Amendments of 1990, the Administrator shall amend
the regulations of the Administrator in effect on such date regarding monitoring and reporting of class I and class II substances. Such
amendments shall conform to the requirements of this section. The
amended regulations shall include requirements with respect to the
time and manner of monitoring and reporting £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, imported, or exported a class I or class II substance shall file a report
with the Administrator setting forth the amount of the substance
that such person produced, imported, and exported during the

42 USC 7671b.

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 produced, 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 frequently than every 6 years the Administrator shall report to Congress on the environmental and economic effects of any
stratospheric ozone depletion.
"(2) The Administrators of the National Aeronautics and Space
Administration and the National Oceanic and Atmospheric
Administration shall monitor, and not less often than every 3 years
following enactment of the Clean Air Act Amendments of 1990,
submit a report to Congress on the current average tropospheric
concentration of chlorine and bromine and on the level of stratospheric ozone depletion. Such reports shall include updated projections of—
"(A) peak chlorine loading;
"(B) the rate at which the atmospheric abundance of chlorine
is projected to decrease after the year 2000; and
"(C) the date by which the atmospheric abundance of chlorine
is projected to return to a level of two parts per billion.
Such updated projections shall be made on the basis of current
international and domestic controls on substances covered by this
title as well as on the basis of such controls supplemented by a year
2000 global phase out of all halocarbon emissions (the base case). It
is the purpose of the Congress through the provisions of this section
to monitor closely the production and consumption of class II substances to assure that the production and consumption of such
substances will not:
"(i) increase significantly the peak chlorine loading that is
projected to occur under the base case established for purposes
of this section;

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 concentration of chlorine is projected under the base case to return
to a level of two parts per billion.
"(e) TECHNOLOGY STATUS REPORT IN 2015.—The Administrator

shall review, on a periodic basis, the progress being made in the
development of alternative systems or products necessary to manufacture and operate appliances without class II substances. If the
Administrator finds, after notice and opportunity for public comment, that as a result of technological development problems, the
development of such alternative systems or products will not occur
within the time necessary to provide for the manufacture of such
equipment without such substances prior to the applicable deadlines
under section 605, the Administrator shall, not later than January 1, 2015, so inform the Congress.
"(f) EMERGENCY REPORT.—If, in consultation with the Administrators of the National Aeronautics and Space Administration and the
National Oceanic and Atmospheric Administration, and after notice
and opportunity for public comment, the Administrator determines
that the global production, consumption, and use of class II substances are projected to contribute to an atmospheric chlorine loading in excess of the base case projections by more than ^loths parts
per billion, the Administrator shall so inform the Congress immediately. The determination referred to in the preceding sentence
shall be based on the monitoring under subsection (d) and updated
not less often than every 3 years.
"SEC. 604. PHASE-OUT OF PRODUCTION AND CONSUMPTION OF CLASS I 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.
"TABLE 2

"Date
"1991
"1992
"1993
"1994
"1995
"1996
"1997
"1998
"1999
"2000
"2001

Carbon tetrachloride
100%
90%
80%
70%
15%
15%
15%
15%
15%

Other class I
substances

chSSm
100%
100%
90%
85%
70%
50%
50%
50%
50%
20%
20%

....
....
....
....
....
....
....
....
....

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 regulations within 10 months after the enactment of the Clean Air Act
Amendments of 1990 phasing out the production of class I substances in accordance with this section and other applicable
provisions of this title. The Administrator shall also promulgate
regulations to insure that the consumption of class I substances in
the United States is phased out and terminated in accordance with
the same schedule (subject to the same exceptions and other provisions) as is applicable to the phase-out and termination of production of class I substances under this title.
"(d) EXCEPTIONS FOR ESSENTIAL USES OF METHYL CHLOROFORM,
MEDICAL DEVICES, AND AVIATION SAFETY.—
"(1) ESSENTIAL USES OF METHYL CHLOROFORM.—Notwithstand-

Reports.

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 opportunity for public comment, may, to the extent such action is
consistent with the Montreal Protocol, authorize the production
of limited quantities of methyl chloroform solely for use in
essential applications (such as nondestructive testing for metal
fatigue and corrosion of existing airplane engines and airplane
parts susceptible to metal fatigue) for which no safe and effective substitute is available. Notwithstanding this paragraph, the
authority to produce methyl chloroform for use in medical
devices shall be provided in accordance with paragraph (2).
"(2) MEDICAL DEVICES.—Notwithstanding the termination of
production required by subsection (b), the Administrator, after
notice and opportunity for public comment, shall, to the extent
such action is consistent with the Montreal Protocol, authorize
the production of limited quantities of class I substances solely
for use in medical devices if such authorization is determined by
the Commissioner, in consultation with the Administrator, to be
necessary for use in medical devices.
"(3) AVIATION SAFETY.—(A) Notwithstanding the termination
of production required by subsection (b), the Administrator,
after notice and opportunity for public comment, may, to the
extent such action is consistent with the Montreal Protocol,
authorize the production of limited quantities of halon-1211
(bromochlorodifluoromethane),
halon-1301
(bromotrifluoromethane), and halon-2402 (dibromotetrafluoroethane) solely for
purposes of aviation safety if the Administrator of the Federal
Aviation Administration, in consultation with the Administrator, determines that no safe and effective substitute has been
developed and that such authorization is necessary for aviation
safety purposes.
"(B) The Administrator of the Federal Aviation Administration shall, in consultation with the Administrator, examine
whether safe and effective substitutes for methyl chloroform or
alternative techniques will be available for nondestructive testing for metal fatigue and corrosion of existing airplane engines
and airplane parts susceptible to metal fatigue and whether an
exception for such uses of methyl chloroform under this paragraph will be necessary for purposes of airline safety after
January 1, 2005 and provide a report to Congress in 1998.

PUBLIC LAW 1 0 1 - 5 4 9 - N O V . 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 termination of production required under subsections (a) and (b), the
Administrator, after notice and opportunity for public comment, may, consistent with the Montreal Protocol, authorize the
production of limited quantities of a class I substance in excess
of the amounts otherwise allowable under subsection (a) or (b),
or both, solely for export to, and use in, developing countries
that are Parties to the Montreal Protocol and are operating
under article 5 of such Protocol. Any production authorized
under this paragraph shall be solely for purposes of satisfying
the basic domestic needs of such countries.
"(2) CAP ON EXCEPTION.—(A) Under no circumstances may the
authority set forth in paragraph (1) be applied to authorize any
person to produce a class I substance in any year for which a
production percentage is specified in Table 2 of subsection (a) in
an annual quantity greater than the specified percentage, plus
an amount equal to 10 percent of the amount produced by such
person in the baseline year.
"(B) Under no circumstances may the authority set forth in
paragraph (1) be applied to authorize any person to produce a
class I substance in the applicable termination year referred to
in subsection (b), or in any year thereafter, in an annual
quantity greater than 15 percent of the baseline quantity of
such substance produced by such person.
"(C) An exception authorized under this subsection shall
terminate no later than January 1, 2010 (2012 in the case of
methyl chloroform).
"(f) NATIONAL SECURITY.—The President may, to the extent such
action is consistent with the Montreal Protocol, issue such orders
regarding production and use of CFC-114 (chlorofluorocarbon-114),
halon-1211, halon-1301, and halon-2402, at any specified site or
facility or on any vessel as may be necessary to protect the national
security interests of the United States if the President finds that
adequate substitutes are not available and that the production and
use of such substance are necessary to protect such national security
interest. Such orders may include, where necessary to protect such
interests, an exemption from any prohibition or requirement contained in this title. The President shall notify the Congress within
30 days of the issuance of an order under this paragraph providing
for any such exemption. Such notification shall include a statement
of the reasons for the granting of the exemption. An exemption
under this paragraph shall be for a specified period which may not
exceed one year. Additional exemptions may be granted, each upon
the President's issuance of a new order under this paragraph. Each
such additional exemption shall be for a specified period which may
not exceed one year. No exemption shall be granted under this
paragraph due to lack of appropriation unless the President shall
have specifically requested such appropriation as a part of the
budgetary process and the Congress shall have failed to make
available such requested appropriation.

104 STAT. 2658

Reports.

42 u s e 7671d.

PUBLIC LAW 101-549—NOV. 15, 1990

"(g) FIRE SUPPRESSION AND EXPLOSION PREVENTION.—(1) Notwithstanding the production phase-out set forth in subsection (a), the
Administrator, after notice and opportunity for public comment,
may, to the extent such action is consistent with the Montreal
Protocol, authorize the production of limited quantities of halon1211, halon-1301, and halon-2402 in excess of the amount otherwise
permitted pursuant to the schedule under subsection (a) solely for
purposes of fire suppression or explosion prevention if the Administrator, in consultation with the Administrator of the United States
Fire Administration, determines that no safe and effective substitute has been developed and that such authorization is necessary
for fire suppression or explosion prevention purposes. The Administrator shall not authorize production under this paragraph for
purposes of fire safety or explosion prevention training or testing of
fire suppression or explosion prevention equipment. In no event
shall the Administrator grant an exception under this paragraph
that permits production after December 31,1999.
"(2) The Administrator shall periodically monitor and assess the
status of efforts to obtain substitutes for the substances referred to
in paragraph (1) for purposes of fire suppression or explosion prevention and the probability of such substitutes being available by
December 31, 1999. The Administrator, as part of such assessment,
shall consider any relevant assessments under the Montreal Protocol and the actions of the Parties pursuant to Article 2B of the
Montreal Protocol in identifying essential uses and in permitting a
level of production or consumption that is necessary to satisfy such
uses for which no adequate alternatives are available after Decemher 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 halon1211, halon-1301, and halon-2402 in the period after December 31,
1999, and before December 31, 2004, solely for purposes of fire
suppression or explosion prevention in association with domestic
production of crude oil and natural gas energy supplies on the North
Slope of Alaska, if the Administrator, in consultation with the
Administrator of the United States Fire Administration, determines
that no safe and effective substitute has been developed and that
such authorization is necessary for fire suppression and explosion
prevention purposes. The Administrator shall not authorize production under the paragraph for purposes of fire safety or explosion
prevention training or testing of fire suppression or explosion
prevention equipment. In no event shall the Administrator authorize under this paragraph any person to produce any such halon
in an amount greater than 3 percent of that produced by such
person during the baseline year.
"SEC. 605. PHASE-OUT OF PRODUCTION AND CONSUMPTION OF CLASS II
SUBSTANCES.
"(a) RESTRICTION OF U S E 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 quantities) in the production of other chemicals; or
"(3) is used as a refrigerant in appliances manufactured prior
to January 1, 2020.
As used in this subsection, the term 'refrigerant' means any class II
substance used for heat transfer in a refrigerating system.
"(b) PRODUCTION PHASE-OUT.—(1) Effective January 1, 2015, it

shall be unlawful for any person to produce any class II substance in
an annual quantity greater than the quantity of such substance
produced by such person during the baseline year.
"(2) Effective January 1, 2030, it shall be unlawful for any person
to produce any class II substance.
"(c) REGULATIONS REGARDING PRODUCTION AND CONSUMPTION OF

CLASS II SUBSTANCES.—By December 31, 1999, the Administrator

shall promulgate regulations phasing out the production, and
restricting the use, of class II substances in accordance with this
section, subject to any acceleration of the phase-out of production
under section 606. The Administrator shall sdso promulgate regulations to insure that the consumption of class II substances in the
United States is phased out and terminated in accordance with the
same schedule (subject to the same exceptions and other provisions)
as is applicable to the phase-out and termination of production of
class II substances under this title.
"(d) EXCEPTIONS.—
"(1) MEDICAL DEVICES.—

"(A) I N GENERAL.—Notwithstanding the termination of
production required under subsection (bX2) and the restriction on use referred to in subsection (a), the Administrator,
after notice and opportunity for public comment, shall, to
the extent such action is consistent with the Montreal
Protocol, authorize the production and use of limited quantities of 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) I N GENERAL.—Notwithstanding the provisions of
subsection (a) or (b), the Administrator, after notice and
opportunity for public comment, may authorize the production of limited quantities of a class II substance in excess of
the quantities otherwise permitted under such provisions
solely for export to and use in developing countries that are
Parties to the Montreal Protocol, £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 u s e 7671e.

"SEC. 606. ACCELERATED SCHEDULE.

Regulations.

"(a) I N GENERAL.—The Administrator shall promulgate regulations, after notice and opportunity for public comment, which establish a schedule for phasing out the production and consumption of
class I and class II substances (or use of class II substances) that is
more stringent than set forth in section 604 or 605, or both, if—
"(1) based on an assessment of credible current scientific
information (including any assessment under the Montreal
Protocol) regarding harmful effects on the stratospheric ozone
layer associated with a class I or class II substance, the
Administrator determines that such more stringent schedule
may be necessary to protect human health and the environment
against such effects,
"(2) based on the availability of substitutes for listed substances, the Administrator determines that such more stringent
schedule is practicable, taking into account technological
achievability, safety, and other relevant factors, or
"(3) the Montreal Protocol is modified to include a schedule to
control or reduce production, consumption, or use of any substance more rapidly than the applicable schedule under this
title.
In making any determination under paragraphs (1) and (2), the
Administrator shall consider the status of the period remaining
under the applicable schedule under this title.
"(b) PETITION.—Any person may petition the Administrator to
promulgate regulations under this section. The Administrator shall
grant or deny the petition within 180 days after receipt of any such
petition. If the Administrator denies the petition, the Administrator
shall publish an explanation of why the petition was denied. If the
Administrator grants such petition, such final regulations shall be
promulgated within 1 year. Any petition under this subsection shall
include a showing by the petitioner that there are data adequate to
support the petition. If the Administrator determines that information is not sufficient to make a determination under this subsection,
the Administrator shall use any authority available to the Administrator, under any law administered by the Administrator, to acquire
such information.

42 u s e 7671f.

"SEC. 607. EXCHANGE AUTHORITY.

"(a) TRANSFERS.—The Administrator shall, within 10 months after
the enactment of the Clean Air Act Amendments of 1990, promulgate rules under this title providing for the issuance of allowances
for the production of class I and II substances in accordance with the
requirements of this title and governing the transfer of such allowances. Such rules shall insure that the transactions under the
authority of this section will result in greater total reductions in the

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 substances to such groups. In the case of class II substances, allowances
may only be transferred for allowances for other class II substances
that are in the same Group.
"(c) TRADES WITH OTHER PERSONS.—The rules under this section
shall permit 2 or more persons to transfer production allowances
(including interpollutant transfers which meet the requirements of
subsections (a) and (b)) if the transferor of such allowances will be
subject, under such rules, to an enforceable and quantifiable reduction in annual production which—
"(1) exceeds the reduction otherwise applicable to the transferor under this 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 provide for the issuance of consumption allowances in accordance with
the requirements of this title and for the trading of such allowances
in the same manner as is applicable under this section to the
trading of production allowances under this section.
"SEC. 608. NATIONAL RECYCLING AND EMISSION REDUCTION PROGRAM. 42 USC 767 Ig.

"(a) I N 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 requirements that—
"(A) reduce the use and emission of such substances to the
lowest achievable level, and
"(B) maximize the recapture and recycling of such substances.
Such regulations may include requirements to use alternative substances (including substances which are not class I or class II
substances) or to minimize use of 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 substance during service and repair or disposal of such item.
"(3) Requirements that any product in which a class I or class
II substance is incorporated so as to constitute an inherent
element of such product shall be disposed of in a manner that
reduces, to the maximum extent practicable, the release of such
substance into the environment. If the Administrator determines that the application of this paragraph to any product
would result in producing only insignificant environmental
benefits, the Administrator shall include in such regulations an
exception for such product.
"(c) PROHIBITIONS.—(1) Effective July 1, 1992, it shall be unlawful
for any person, in the course of maintaining, servicing, repairing, or
disposing of an appliance or industrial process refrigeration, to
knowingly vent or otherwise knowingly release or dispose of any
class I or class II substance used as a refrigerant in such appliance
(or industrial process refrigeration) in a manner which permits such
substance to enter the environment. De minimis releases associated
with good faith attempts to recapture and recycle or safely dispose
of any such substance shall not be subject to the prohibition set
forth in the preceding sentence.
"(2) Effective 5 years after the enactment of the Clean Air Act
Amendments of 1990, paragraph (1) shall also apply to the venting,
release, or disposal of any substitute substance for a class I or class
II substance by any person maintaining, servicing, repairing, or
disposing of an appliance or industrial process refrigeration which
contains and uses as a refrigerant any such substance, unless the
Administrator determines that venting, releasing, or disposing of
such substance does not pose a threat to the environment. For
purposes of this paragraph, the term 'appliance' includes any device
which contains and uses as a refrigerant a substitute substance and
which is used for household or commercisd purposes, including any
air conditioner, refrigerator, chiller, or freezer.
42 u s e 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 conditioners. Such standards shall, at a minimum, be at least as
stringent as the standards of the Society of Automotive Engineers in effect as of the date of the enactment of the Clean Air
Act Amendments of 1990 and applicable to such equipment
(SAE standard J-1990).
"(B) Equipment purchased before the proposal of regulations
under this section shall be considered certified if it is substantially identical to equipment certified as provided in subparagraph (A).
"(3) The term 'properly using' means, with respect to
approved refrigerant recycling equipment, using such equipment in conformity with standards established by the Administrator and applicable to the use of such equipment. Such standards shall, at a minimum, be at least as stringent as the
standards of the Society of Automotive Engineers in effect as of
the date of the enactment of the Clean Air Act Amendments of
1990 and applicable to the use of such equipment (SAE standard
J-1989).
"(4) The term 'properly trained and certified' means training
and certification in the proper use of approved refrigerant
recycling equipment for motor vehicle air conditioners in
conformity with standards established by the Administrator
and applicable to the performance of service on motor vehicle
air conditioners. Such standards shall, at a minimum, be at
least as stringent as specified, as of the date of the enactment of
the Clean Air Act Amendments of 1990, in SAE standard J-1989
under the certification program of the National Institute for
Automotive Service Excellence (ASE) or under a similar program such as the training and certification program of the
Mobile Air Conditioning Society (MACS).
"(c)

SERVICING MOTOR VEHICLE AIR CONDITIONERS.—Effective

January 1, 1992, no person repairing or servicing motor vehicles for
consideration may perform any service on a motor vehicle air
conditioner involving the refrigerant for such air conditioner without properly using approved refrigerant recycling equipment and no
such person may perform such service unless such person has been
properly trained and certified. The requirements of the previous
sentence shall not apply until January 1, 1993 in the case of a
person repairing or servicing motor vehicles for consideration at an
entity which performed service on fewer than 100 motor vehicle air
conditioners during calendar year 1990 and if such person so certifies, pursuant to subsection (dX2), to the Administrator by Jsmuary 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 consideration on motor vehicle air-conditioning systems in compliance with
this section) any class I or class II substance that is suitable for use
as a refrigerant in a motor vehicle air-conditioning system and that
is in a container which contains less than 20 pounds of such
refrigerant.
42 u s e 76711.

"SEC. 610. NONESSENTIAL

PRODUCTS

CONTAINING

CHLOROFLUORO-

CARBONS.

"(a) REGULATIONS.—The Administrator shall promulgate regulations to carry out the requirements of this section within 1 year
after the enactment of the Clean Air Act Amendments of 1990.
"(b) NONESSENTIAL PRODUCTS.—The regulations under this section
shall identify nonessential products that releeise class I substances
into the environment (including any release occurring during manufacture, use, storage, or disposal) and prohibit any person from
selling or distributing any such product, or offering any such product for sale or distribution, in interstate commerce. At a minimum,
such prohibition shall apply to—
"(1) chlorofluorocarbon-propelled plastic party streamers and
noise horns,
"(2) chlorofluorocarbon-containing cleaning fiuids for noncommercial electronic and photographic equipment, and
"(3) other consumer products that are determined by the
Administrator—
"(A) to release class I substances into the environment
(including any release occurring during manufacture, use,
storage, or disposal), and
"(B) to be nonessential.
In determining whether a product is nonessential, the Administrator shall consider the purpose or intended use of the product, the
technological availability of substitutes for such product and for
such class I substance, safety, health, and other relevant factors.
"(c) EFFECTIVE DATE.—Effective 24 months after the enactment of
the Clean Air Act Amendments of 1990, it shall be unlawful for any
person to sell or distribute, or offer for sale or distribution, in

PUBLIC LAW 1 0 1 - 5 4 9 - N O V . 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 J a n u a r y 1, 1994, it shall be

unlawful for any person to sell or distribute, or offer for sale or
distribution, in interstate commerce—
"(A) any aerosol product or other pressurized dispenser which
contains a class II substance; or
"(B) any plastic foam product which contains, or is manufactured with, a class II substance.
"(2) The Administrator is authorized to grant exceptions from the
prohibition under subparagraph (A) of paragraph (1) where—
"(A) the use of the aerosol product or pressurized dispenser is
determined by the Administrator to be essential as a result of
flammability or worker safety concerns, and
"(B) the only available alternative to use of a class II substance is use of a class I substance which legally could be
substituted for such class II substance.
"(3) Subparagraph (B) of paragraph (1) shall not apply to—
"(A) a foam insulation product, or
"(B) an integral skin, rigid, or semi-rigid foam utilized to
provide for motor vehicle safety in accordance with Federal
Motor Vehicle Safety Standards where no adequate substitute
substance (other than a class I or class II substance) is practicable for effectively meeting such Standards.
"(e) MEDICAL DEVICES.—Nothing in this section shall apply to any
medical device as defined in section 601(8).
"SEC. 611. LABELING.

"(a) REGULATIONS.—The Administrator shall promulgate regulations to implement the labeling requirements of this section within
18 months after enactment of the Clean Air Act Amendments of
1990, after notice and opportunity for public comment.
"(b) CONTAINERS CONTAINING CLASS I OR CLASS II SUBSTANCES AND
PRODUCTS CONTAINING CLASS I SUBSTANCES.—Effective 30 months

after the enactment of the Clean Air Act Amendments of 1990, no
container in which a class I or class II substance is stored or
transported, and no product containing a class I substance, shall be
introduced into interstate commerce unless it bears a clearly legible
and conspicuous label stating:
" Warning: (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

42 USC 7671J.

104 STAT. 2666

-'

PUBLIC LAW 101-549—NOV. 15, 1990

before January 1, 2015, if the Administrator, after notice and opportunity for public comment, makes the determination referred to in
subsection (c) with respect to a product manufactured with a process
that uses such class II substance, no such product shall be introduced into interstate commerce unless it bears a clearly legible and
conspicuous label stating:
" 'Warning: Manufactured with [insert name of substance], a
substance which harms public health and environment by
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 manufactured with a class I or II substance which is not otherwise subject to
such requirements. Within 180 days after receiving such petition,
the Administrator shall, pursuant to the criteria set forth in subsection (c), either propose to apply the requirements of this section to
such product or publish an explanation of the petition denial. If the
Administrator proposes to apply such requirements to such product,
the Administrator shall, by rule, render a final determination
pursuant to such criteria within 1 year after receiving such petition.
"(2) Any petition under this 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 Administrator under any law administered by the Administrator to acquire
such information.
"(4) In the case of a product determined by the Administrator,
upon petition or on the Administrator's own motion, to be subject to
the requirements of this section, the Administrator shall establish
an effective date for such requirements. The effective date shall be 1
year after such determination or 30 months after the enactment of
the Clean Air Act Amendments of 1990, whichever is later.
"(5) Effective January 1, 2015, the labeling requirements of this
subsection shall apply to all products manufactured with a process
that uses a class I or class II substance.
"(f) RELATIONSHIP TO OTHER LAW.—(1) The labeling requirements

of this section shall not constitute, in whole or part, a defense to
liability or a cause for reduction in damages in any suit, whether
civil or criminal, brought under any law, whether Federal or State,
other than a suit for failure to comply with the labeling requirements of this section.
"(2) No other approval of such label by the Administrator under
any other law administered by the Administrator shall be required
with respect to the labeling requirements of this section.

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2667

"SEC. 612. SAFE ALTERNATIVES POLICY.

"(a) PoucY.—To the maximum extent practicable, class I and
class II substances shall be replaced by chemicals, product substitutes, or alternative manufacturing processes that reduce overall
risks to human health and the environment.
"(b) REVIEWS AND REPORTS.—The Administrator shall—
"(1) in consultation and coordination with interested members of the public and the heads of relevant Federal agencies
and departments, recommend Federal research programs and
other activities to assist in identifying alternatives to the use of
class I and class II substances £is refrigerants, solvents, fire
retardants, foam blowing agents, and other commercial applications and in achieving a transition to such alternatives, and,
where appropriate, seek to maximize the use of Federal research facilities and resources to assist users of class I and class
II substances in identifying and developing alternatives to the
use of such substances as refrigerants, solvents, fire retardants,
foam blowing agents, and other commercial applications;
"(2) examine in consultation and coordination with the Secretary of Defense and the heads of other relevant Federal
agencies and departments, including the 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 expeditiously £is possible, to the use of safe substitutes;
"(3) specify initiatives, including appropriate intergovernmental, international, and commercial information and technology transfers, to promote the development and use of safe
substitutes for class I and class II substances, including alternative chemicals, product substitutes, and alternative manufacturing processes; and
"(4) maintain a public clearinghouse of alternative chemicals,
product substitutes, and alternative manufacturing processes
that are available for products and manufacturing processes
which use class I and class II substances.
"(c) ALTERNATIVES FOR CLASS I OR II SUBSTANCES.—Within 2 years
after enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate rules under this section providing
that it shall be unlawful to replace any class I or class II substance
with any substitute substance which the Administrator determines
may present adverse effects to human health or the environment,
where the Administrator has identified an silternative to such
replacement that—
"(1) reduces the overall risk to human health and the environment; and
"(2) is currently or potentially available.
The Administrator shall publish a list of (A) the substitutes prohibited under this subsection for specific uses and (B) the safe alternatives identified under this subsection for specific uses.
"(d) RIGHT T O 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 Administrator shall publish an explanation of why the petition was denied.
If the Administrator grants such petition the Administrator shall

42 USC 7671k.

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 Administrator, under any law administered by the Administrator, to acquire
such information.
"(e) STUDIES AND NOTIFICATION.—The Administrator shall require
any person who produces a chemical substitute for a class I substance to provide the Administrator with such person's unpublished
health and safety studies on such substitute and require producers
to notify the Administrator not less than 90 days before new or
existing chemicals are introduced into interstate commerce for
significant new uses as substitutes for a class I substance. This
subsection shall be subject to section 114(c).
42 u s e 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 requirements of this title and to maximize the substitution of safe alternatives identified under section 612 for class I and class II
substances. Not later than 30 months after the enactment of the
Clean Air Act Amendments of 1990, each department, agency, and
instrumentality of the United States shall so conform its procurement regulations and certify to the President that its regulations
have been modified in accordance with this section.

42 u s e 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 Amendments of 1990, no State or local government may enforce any
requirement concerning the design of any new or recalled appliance
for the purpose of protecting the stratospheric ozone layer.
"(b) MONTREAL PROTOCOL.—This title as added by the Clean Air
Act Amendments of 1990 shall be construed, interpreted, and applied as a supplement to the terms and conditions of the Montreal
Protocol, as provided in Article 2, paragraph 11 thereof, and shall
not be construed, interpreted, or applied to abrogate the responsibilities or obligations of the United States to implement fully the
provisions of the Montreal Protocol. In the case of conflict between
any provision of this title and any provision of the Montreal Protocol, the more stringent provision shall govern. Nothing in this title
shall be construed, interpreted, or applied to affect the authority or
responsibility of the Administrator to implement Article 4 of the
Montreal Protocol with other appropriate agencies.
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.

42 u s e 7671n.

"If, in the Administrator's judgment, any substance, practice, Regulations.
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.

42 u s e 76710.

"(a) I N 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 substsmces concerned in the transfer year under the Protocol minus
the production allowances transferred, (B) the maximum
production level permitted for the substance or substances concerned in the transfer year under applicable domestic law
minus the production allowances transferred, or (C) the average
of the actual national production level of the substance or
substances concerned for the 3 years prior to the transfer minus
the production allowances transferred.
"(2) The United States may acquire production allowances
from another Party if, at the time of such transfer, the Administrator finds that the other Party has revised its domestic
production limits in the same manner as provided with respect
to transfers by the United States in subsection (a),
"(b) EFFECT OF TRANSFERS ON PRODUCTION LIMITS.—The Administrator is authorized to reduce the production limits established
under this Act as required as a prerequisite to transfers under
paragraph (1) of subsection (a) or to increase production limits
established under this Act to reflect production allowances acquired
under a transfer under paragraph (2) of subsection (a).
"(c) REGULATIONS.—The Administrator shall promulgate, within 2
years after the date of enactment of the Clean Air Act Amendments
of 1990, regulations to implement this section.
"(d) DEFINITION.—In the case of the United States, the term
'applicable domestic law' means this Act.
"SEC. 617. INTERNATIONAL COOPERATION.

"(a) I N GENERAL.—The President shall undertake to enter into
international agreements to foster cooperative research which complements studies and research authorized by this title, and to develop standards and regulations which protect the stratosphere
consistent with regulations applicable within the United States. For
these purposes the President through the Secretary of State and the
Assistant Secretary of State for O ^ a n s and International Environ-

39-194 O - 91 - 12 : QL 3 Part 4

42 u s e 7671p.
President.
International
agreements.
Regulations.
Treaties.
Reports.

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 u s e 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 u s e 7671b.

Reports.

SEC. 603. METHANE STUDIES.
(a) ECONOMICALLY JUSTIFIED ACTIONS.—Not later than 2 years

after enactment of this Act, the Administrator shall prepare and
submit a report to the Congress that identifies activities, substances,
processes, or combinations thereof that could reduce methane emissions and that are economically and technologically justified with
and without consideration of environmental benefit.
Reports.

(b) DOMESTIC METHANE SOURCE INVENTORY AND CONTROL.—Not

later than 2 years after the enactment of this Act, the Administrator, in consultation and coordination with the Secretary of
Energy and the Secretary of Agriculture, shall prepare and submit
to the Congress reports on each of the following:
(1) Methane emissions associated with natural gas extraction,
transportation, distribution, storage, and use. Such report shall
include an inventory of methane emissions associated with such
activities within the United States. Such emissions include, but
are not limited to, accidental and intentional releases from
natural gas and oil wells, pipelines, processing facilities, and gas
burners. The report shall also include an inventory of methane
generation with such activities.
(2) Methane emissions associated with coal extraction,
transportation, distribution, storage, and use. Such report shall
include an inventory of methane emissions associated with such
activities within the United States. Such emissions include, but
are not limited to, accidental and intentional releases from
mining shafts, degasification wells, gas recovery wells and
equipment, and from the processing and use of coal. The report
shall also include an inventory of methane generation with such
activities.

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 emissions associated with all forms of waste management in the
United States, including storage, treatment, and disposal.
(4) Methane emissions associated with agriculture. Such
report shall include an inventory of methane emissions associated with rice and livestock production in the United States.
(5) Methane emissions associated with biomass burning. Such
report shall include an inventory of methane emissions associated with the intentional burning of agricultural wastes, wood,
grasslands, and forests.
(6) Other methane emissions associated with human activities. Such report shall identify and inventory other domestic
sources of methane emissions that are deemed by the Administrator and other such agencies to be significant.
(c) INTERNATIONAL STUDIES.—
(1) METHANE EMISSIONS.—Not

later than 2 years after the 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 include 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 evaluate the technical options for reducing methane emission from
each of the activities listed in subsection (b), as well as other
activities or sources that are deemed by the Administrator in
consultation with other relevant Federal agencies and departments to be significant and shall include an evaluation of costs.
The report shall identify the emissions reductions that would
need to be achieved to prevent increasing atmospheric
concentrations of methane. The report shall also identify
technology 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 temperatures and atmospheric concentrations of carbon dioxide.
(e) STUDY OF MEASURES T O LIMIT GROWTH IN METHANE CON-

CENTRATiONS.—Not later than 2 years after the completion of the
studies in subsections (b), (c), and (d), the Administrator shall prepare and submit to the Congress a report that presents options
outlining measures that could be implemented to stop or reduce the
growth in atmospheric concentrations of methane from sources
within the United States referred to in paragraphs (1) through (6) of
subsection (b). This study shall identify and evaluate the technical
options for reducing methane emissions from each of the activities
listed in subsection (b), as well as other activities or sources deemed

Reports.

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 information to carry out such studies.
(g) CONSULTATION AND COORDINATION.—In preparing the studies

under this section the Administrator shall consult and coordinate
with the Secretary of Energy, the Administrators of the National
Aeronautics and Space Administration and the National Oceanic
and Atmospheric Administration, and the heads of other relevant
Federal agencies and departments. In the case of the studies under
subsections (a), (b), and (e), such consultation and coordination shall
include the Secretary of Agriculture.

TITLE VII—PROVISIONS RELATING TO
ENFORCEMENT
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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

42 use 7413.

Section 113 of the Clean Air Act is amended to read as follows:
"SEC. 113. FEDERAL ENFORCEMENT.
"(a) I N GENERAL.—
"(1) ORDER TO COMPLY WITH SIP.—Whenever, on the basis of

any information available to the Administrator, the Administrator finds that any person has violated or is in violation of any
requirement or prohibition of an applicable implementation
plan or permit, the Administrator shall notify the person and
the State in which the plan applies of such finding. At any time
after the expiration of 30 days following the date on which such
notice of a violation is issued, the Administrator may, without
regard to the period of violation (subject to section 2462 of title
28 of the United States Code)—
"(A) issue an order requiring such person to comply with
the requirements or prohibitions of such plan or permit,
"(B) issue an administrative penalty order in accordance
with subsection (d), or
"(C) bring a civil action in accordance with subsection (b).
"(2) STATE FAILURE TO ENFORCE SIP OR PERMIT PROGRAM.—

Whenever, on the basis of information available to the 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 accordance with subsection (d), or
"(C) bringing a civil action in accordance with subsection (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 criminal action in accordance with subsection (c).
"(4) REQUIREMENTS FOR ORDERS.—An order issued under this
subsection (other than an order relating to a violation of section
112) shall not take effect until the person to whom it is issued
has had an opportunity to confer with the Administrator
concerning the alleged violation. A copy of any order issued
under this subsection shall be sent to the State air pollution
control 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 prevent the State or the Administrator from assessing any penalties nor otherwise affect or limit the State's or the United
States authority to enforce under other provisions of this Act,
nor affect any person's obligations to comply with any section of
this Act or with a term or condition of any permit or applicable
implementation plan promulgated or approved under this Act.
(5) FAILURE TO COMPLY WITH NEW SOURCE REQUIREMENTS.—

Whenever, on the basis of any available information, the
Administrator finds that a State is not acting in compliance
with any requirement or prohibition of the Act relating to the
construction of new sources or the modification of existing
sources, the Administrator may—
"(A) issue an order prohibiting the construction or modification of any major stationary source in any area to which
such requirement applies;
"(B) issue an administrative penalty order in accordance
with subsection (d), or
"(C) bring a civil action under subsection (b).
Nothing in this subsection shall preclude the United States from
commencing a criminal action under section 113(c) at any time for
any such violation.
"(b) CIVIL JUDICIAL ENFORCEMENT.—The Administrator shall, as
appropriate, in the case of any person that is the owner or operator
of an affected source, a major emitting facility, or a major stationary
source, and may, in the case of any other person, commence a civil
action for a permanent or temporary injunction, or to assess and
recover a civil penalty of not more than $25,000 per day for each
violation, or both, in any of the following instances:
"(1) Whenever such person has violated, or is in violation of,
any requirement or prohibition of an applicable implementation
plan or permit. Such an action 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 penalty owed under section 120, and to award any other appropriate
relief. Notice of the commencement of such action shall be given to
the appropriate State air pollution control agency. In the case of any
action brought by the Administrator under this subsection, the
court may award costs of litigation (including reasonable attorney
and expert witness fees) to the party or parties against whom such
action was brought if the court finds that such action was
unreasonable.
"(c) CRIMINAL PENALTIES.—(1) Any person who knowingly violates
any requirement or prohibition of an applicable implementation
plan (during any period of federally assumed enforcement or more
than 30 days after having been notified under subsection (aXl) by
the Administrator that such person is violating such requirement or
prohibition), any order under subsection (a) of this section, requirement or prohibition of section* 111(e) of this title (relating to new
source performance standards), section 112 of this title, section 114
of this title (relating to inspections, etc.), section 129 of this title
(relating to solid waste combustion), section 165(a) of this title
(relating to preconstruction requirements), an order under section
167 of this title (relating to preconstruction requirements), an order
under section 303 of title III (relating to emergency orders), section
502(a) or 503(c) of title V (relating to permits), or any requirement or
prohibition of title IV (relating to acid deposition control), or title VI
(relating to stratospheric ozone control), including a requirement of
any rule, order, waiver, or permit promulgated or approved under
such sections or titles, smd including any requirement for the payment of any fee owed the United States under this Act (other than
title II) shall, upon conviction, be punished by a fine pursuant to
title 18 of the United States Code, or by imprisonment for not to
exceed 5 years, or both. If a conviction of any person under this
paragraph is for a violation committed 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 knowingly alters, conceals, or fails to file or maintain any notice,
application, record, report, plan, or other document required
pursuant to this Act to be either filed or maintained (whether
with respect to the requirements imposed by the Administrator
or by a State);
"(B) fails to notify or report as required under this Act; or
"(C) falsifies, tampers with, renders inaccurate, or fails to
install any monitoring device or method required to be maintained or followed under this Act
shall, upon conviction, be punished by a fine pursuant to title 18 of
the United States Code, or by imprisonment for not more than 2
years, or both. If a conviction of any person under this paragraph is
for a violation committed after a first conviction of such person
under this paragraph, the maximum punishment shall be doubled
with respect to both the fine and imprisonment.
"(3) Any person who knowingly fails to pay any fee owed the
United States under this title, title III, IV, V, or VI shall, upon
conviction, be punished by a fine pursuant to title 18 of the United
States Code, or by imprisonment for not more than 1 year, or both.
If a conviction of any person under this paragraph is for a violation

104 STAT. 2676

PUBLIC LAW 101-549—NOV. 15, 1990

committed after a first conviction of such person under this paragraph, 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 paragraph, the maximum punishment shall be doubled with respect to
both the fine and imprisonment.
"(5)(A) Any person who knowingly releases into the ambient air
any hazardous air pollutant listed pursuant to section 112 of this
Act or any extremely hazardous substance listed pursuant to section
302(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 accordance with that standard or permit shall not constitute a violation of
this paragraph or paragraph (4).
"(B) In determining whether a defendant who is an individual
knew that the violation placed another person in imminent danger
of death or serious bodily injury—
"(i) the defendant is responsible only for actual awareness or
actual belief possessed; and
"(ii) knowledge possessed by a person other than the defendant, but not by the defendant, may not be attributed to the
defendant;
except that in proving a defendant's possession of actual knowledge,
circumstantial evidence may be used, including evidence that the
defendant took affirmative steps to be shielded from relevant
information.
"(C) It is an affirmative defense to a prosecution that the conduct
charged was freely consented to by the person endangered and
that the danger and conduct charged were reasonably foreseeable
hazards of—
"(i) an occupation, a business, or a profession; or
"(ii) medical treatment or medical or scientific experimentation conducted by professionally approved methods and such
other person had been made aware of the risks involved prior to
giving consent.

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 applicable under this section may be developed in the light of reason
and experience.
"(E) The term 'organization' means a legal entity, other than a
government, established or organized for any purpose, and such
term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society,
union, or any other association of persons.
"(F) The term 'serious bodily injury* means bodily injury which
involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or protracted loss or
impairment of the function of a bodily member, organ, or mental
faculty.
"(6) For the purpose of this subsection, the term 'person' includes,
in addition to the entities referred to in section 302(e), any responsible corporate officer.
"(d)

ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES.—(1)

The

Administrator may issue an administrative order against any
person assessing a civil administrative penalty of up to $25,000, per
day of violation, whenever, on the basis of any available information, the Administrator finds that such person—
"(A) has violated or is violating any requirement or prohibition of an applicable implementation plan (such order shall be
issued (i) during any period of federally assumed enforcement,
or (ii) more than thirty days following the date of the Administrator's notification under subsection (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 determine that a matter involving a larger penalty amount or longer
period of violation is appropriate for administrative penalty action.
Any such determination by the Administrator and the Attorney
General shall not be subject to judicial review.
"(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 designated 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 assessment or to request a hearing on the field citation. If a request for a
hearing is not made within the time specified in the regulation, the
penalty assessment in the field citation shall be final. Such hearing
shall not be subject to section 554 or 556 of title 5 of the United
States 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 penalties ordered or assessed under this section.
"(5) If any person fails to pay an assessment of a civil penalty or
fails to comply with an administrative penalty order—
"(A) after the order or assessment has become final, or
"(B) after a court in an action brought under paragraph (4)
has entered a final judgment in favor of the Administrator,

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 Ot>) 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 regulation, prescribe additional criteria for eligibility for such an award.

104 STAT. 2680
Federal
Register,
publication.

PUBLIC LAW 101-549—NOV. 15, 1990

"(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 corporate officer. Except in the case of knowing and willful violations,
such term shall not include any person who is a stationary engineer
or technician responsible for the operation, maintenance, repair, or
monitoring of equipment and facilities and who often has supervisory and training duties but who is not senior management
personnel or a corporate officer. Except in the case of knowing and
willful violations, for purposes of subsection (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.

42 u s e 7414.

(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 control equipment or process equipment, who the Administrator
believes may have information necessary for the purposes set
forth in this subsection, or who is subject to any requirement of
this Act (other than a manufacturer subject to the provisions of
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 equipment, and use such audit procedures, or methods;
"(D) sample such emissions (in accordance with such
procedures or methods, at such locations, at such intervals,

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2681

during such periods and in such manner as the Administrator shall prescribe);
"(E) keep records on control equipment parameters,
production variables or other indirect data when direct
monitoring of emissions is impractical;
"(F) submit compliance certifications in accordance with
section 114(a)(3); and
"(G) provide such other information as the Administrator
may reasonably require; and".
(b) MONITORING AND 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 certifications shedl include (A) identification of the applicable requirement that is the basis of the certification, (B) the method used
for determining the compliance status of the source, (C) the
compliance status, (D) whether compliance is continuous or
intermittent, (E) such other facts as the Administrator may
require. C!ompliance certifications and monitoring data shall be
subject to subsection (c) of this section. Submission of a compliance certification shall in no way limit the Administrator's
authorities to investigate or otherwise implement this Act. The
Administrator shall promulgate rules to provide guidance and
to implement this paragraph within 2 years after the enactment
of the Clean Air Act Amendments of 1990.".
(c) JUDICIAL REVIEW.—Section 307(bXl) of the Clean Air Act is 42 use 7607.
amended by inserting "or revising regulations for enhanced monitoring 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 appropriate 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 Administrator brings an action pursuant to the first sentence of this
section before the expiration of that period. Whenever the
Administrator brings such an action within the 60-day period,
such order shall remain in effect for an additional 14 days or for
such longer period as may be authorized by the court in which
such action is brought.".

42 use 7606.

42 use 7607.

42 use 7604.

Reports.

SEC. 705. CONTRACTOR LISTINGS.
Section 306(a) of the Clean Air Act is amended as follows:
(1) Strike "113(c)(1)" and insert "113(c)".
(2) Insert at the end thereof: "For convictions arising under
section 113(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 operated by the convicted person.".
SEC. 706. JUDICIAL REVIEW PENDING RECONSIDERATION OF REGULATION.
Section 307(b)(1) of the Clean Air Act is amended
(1) by adding at the end thereof: "The filing of a petition for
reconsideration by the Administrator of any otherwise final
rule or action shall not affect the finality of such rule or action
for purposes of judicial review nor extend the time within which
a petition for judicial review of such rule or action under this
section may be filed, and shall not postpone the effectiveness of
such rule or action."; and
(2) striking "under section 113(d)" immediately before "under
section 119" in the second sentence.
SEC. 707. CITIZEN SUITS.
(a) CiviL PENALTIES.—Section 304(a) of the Clean Air Act is
amended by inserting immediately before the period at the end
thereof: ", and to apply any appropriate civil penalties (except for
actions under paragraph (2))".
(b) PENALTY FUND.—Section 304 of the Clean Air Act is amended
by adding the following new subsection after subsection (f):
"(g) PENALTY FUND.—(1) Penalties received under subsection (a)
shall be deposited in a special fund in the United States Treasury
for licensing and other services. Amounts in such fund are authorized to be appropriated and shall remsiin available until expended, for use by the Administrator to finance air compliance and
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 Administrator 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 paragraph after paragraph (2):
"(3) Whenever any action is brought under this section the plaintiff shall serve a copy of the complaint on the Attorney General of
the United States and on the Administrator. No consent judgment
shall be entered in an action brought under this section in which the
United States is not a party prior to 45 days following the receipt of
a copy of the proposed consent judgment by the Attorney General
and the Administrator during which time the Government may
submit its comments on the proposed consent judgment to the court
and parties or may intervene as a matter of right.".
(e) OTHER REQUIREMENTS.—Section 304(f) of the Clean Air Act is

amended by striking "any condition or requirement of section 113(d)
(relating to certain enforcement orders)" in paragraph (3), by striking "part B of title I" in paragraph (3) and inserting in lieu thereof
"title VI", and by striking the period at the end of paragraph (3) and
inserting "; or" and by adding the following new paragraph at the
end thereof:
"(4) any other standard, limitation, or schedule established
under any permit issued pursuant to title V or under any
applicable State implementation plan approved by the Administrator, any permit term or condition, and any requirement to
obtain a permit as a condition of operations.".
(f) UNREASONABLE DELAY.—Section 304(a) of the Clean Air Act is Courts.
amended by adding the following at the end thereof: "The district
courts of the United States shall have jurisdiction to compel (consistent with paragraph (2) of this subsection) agency action unreeisonably 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 subsection (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 Amendments 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

42 use 7477.

42 use 7602.

42 use 7420.

42 use 7607.

42 use 7401

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.
Section 167 of the Clean Air Act is amended by striking "the
construction of a major emitting facility" and inserting "the
construction or modification of a major emitting facility".
SEC. 709. MOVABLE STATIONARY SOURCES.
Section 302 of the Clean Air Act is amended by adding the
following subsection at the end thereof:
"(z) STATIONARY SOURCE.—The term 'stationary source' means
generally any source of an air pollutant except those emissions
resulting directly from an internal combustion engine for transportation purposes or from a nonroad engine or nonroad vehicle as
defined in section 216.".
SEC. 710. ENFORCEMENT OF NEW TITLES OF THE ACT.
(a) SECTION 120.—Section 120(a)(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".
(b) SECTION 307.—Section 307(d)(1)(H) of the Clean Air Act is
amended by striking out "subtitle B of title I" and inserting "title
VI".
SEC. 711. SAVINGS PROVISIONS AND EFFECTIVE DATES.
(a) SAVINGS PROVISIONS.—Except as otherwise expressly provided

in this Act, no suit, action, or other proceeding lawfully commenced
by the Administrator or any other officer or employee of the United
States in his official capacity or in relation to- the discharge of his
official duties under the Clean Air Act, as in effect immediately
prior to the date of enactment of this Act, shall abate by reason of
the taking effect of the amendments made by this Act.
(b) EFFECTIVE DATES.—(1) Except as otherwise expressly provided,
the amendments made by this Act shall be effective on the date of
enactment of this Act.
(2) The Administrator's authority to assess civil penalties under
section 205(c) of the Clean Air Act, as amended by this Act, shall
apply to violations that occur or continue on or after the date of
enactment of this Act. Civil penalties for violations that occur prior
to such date and do not continue after such date shall be assessed in
accordance with the provisions of the Clean Air Act in effect immediately prior to the date of enactment of this Act.
(3) The civil penalties prescribed under sections 205(a) and
211(d)(1) of the Clean Air Act, as amended by this Act, shall apply to
violations that occur on or after the date of enactment of this Act.
Violations that occur prior to such date shall be subject to the civil
penalty provisions prescribed in sections 205(a) and 211(d) of the
Clean Air Act in effect immediately prior to the enactment of this
Act. The injunctive authority prescribed under section 211(d)(2) of

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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

801.
802.
803.
804.
805.
806.
807.
808.
809.
810.
811.
812.
813.
814.
815.

OC!S air pollution.
Grants for support of air pollution planning and control programs.
Annual report repeal.
Emission factors.
Land use authority.
Virgin Islands.
Hydrogen fuel cell vehicle study and test program.
Renewable energy and energy conservation incentives.
Clean air study of southwestern New Mexico.
Impact on small communities.
Equivalent air quality controls among trading nations.
Analyses of costs and benefits.
Ck>mbustion of contaminated used oil in ships.
American made products.
Establishment of program to monitor and improve air quality in regions
along the border between the United States and Mexico.
816. Visibility.
817. Role of secondary standards.
818. International border areas.
819. Exemptions for stripper wells.
820. EPA report on magnetic levitation.
821. Information gathering on greenhouse gases contributing to global climate
changes.
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 Amendments of 1990, following consultation with the Secretary of the
Interior and the Commandant of the United States Coast Guard, the
Administrator, by rule, shall establish requirements to control air
pollution from Outer Continental Shelf sources located offshore of
the States along the Pacific, Arctic and Atlantic Coasts, and along
the United States Gulf Coast off the State of Florida eastward of
longitude 87 degrees and 30 minutes 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, testing, and reporting. New OCS sources shall comply with such
requirements on the date of promulgation and existing OCS sources
shall comply on the date 24 months thereafter. The Administrator
shall update such requirements as necessary to maintain consist-

104 STAT. 2686

Regulations.

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 pollution control technology requirement is technicEilly infeasible or will
cause an unreasonable threat to health and safety. The Administrator shall make written findings explaining the basis of any
exemption issued pursuant to this subsection and shall impose
another requirement equal to or as close in stringency to the
original requirement as possible. The Administrator shall ensure
that any increase in emissions due to the granting of an exemption
is offset by reductions in actual emissions, not otherwise required by
this Act, from the same source or other sources in the area or in the
corresponding onshore area. The Administrator shall establish
procedures to provide for public notice and comment on exemptions
proposed pursuant to this subsection.
"(3) STATE PROCEDURES.—Each State adjacent to an OCS source
included under this subsection may promulgate and submit to the
Administrator regulations for implementing and enforcing the
requirements of this subsection. If the Administrator finds that the
State regulations are adequate, the Administrator shall delegate to
that State any authority the Administrator has under this Act to
implement and enforce such requirements. Nothing in this subsection shall prohibit the Administrator from enforcing any requirement of this section.
"(4) DEFINITIONS.—For purposes of subsections (a) and (b)—
"(A) OUTER CONTINENTAL SHELF.—The term 'Outer Continental Shelf has the meaning provided by section 2 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331).
"(B) CORRESPONDING ONSHORE AREA.—The term 'corresponding onshore area' means, with respect to any OCS source, the
onshore attainment or nonattainment area that is closest to the
source, unless the Administrator determines that another area
with more stringent requirements with respect to the control
and abatement of air pollution may reasonably be expected to
be affected by such emissions. Such determination shall be
based on the potential for air pollutants from the OCS source to
reach the other onshore area and the potential of such air
pollutants to affect the efforts of the other onshore area to
attain or maintain any Federal or State ambient air quality
standard or to comply with the provisions of part C of title I.
"(C) OUTER CONTINENTAL SHELF SOURCE.—The terms 'Outer
Continental Shelf source' and 'OCS source' include any equipment, activity, or facility which—
"(i) emits or has the potential to emit any air pollutant,
"(ii) is regulated or authorized under the Outer Continental Shelf Lands Act, and
"(iii) is located on the Outer Continental Shelf or in or on
waters above the Outer Continental Shelf.

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) N E W 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 control regulation for Outer Continental Shelf emissions and emissions
in adjacent onshore areas. Concurrently with this obligation, the
Secretary shall complete within 3 years of enactment of this section
a research study 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
sums as may be necessary to provide funding for the study required
under this section.
"(c)(1) COASTAL WATERS.—The study report of section 112(n) of the
Clean Air Act shall apply to the coastal waters of the United States
to the same extent 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 Chesapeake Bay, and their tributary waters.".

Appropriation
authorization.

SEC. 802. 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 implementing programs for the prevention and control of air pollution or
implementation of national primary and secondary ambient air
quality standards. For the purpose of this section, 'implementing'
means any activity related to the planning, developing, establishing,
carrying-out, improving, or maintaining of such programs.
"(B) Subject to subsections (b) and (c) of this section, an air
pollution control agency which receives a grant under subparagraph
(A) and which contributes less than the required two-fifths minimum shall have 3 years following the date of the enactment of the
Clean Air Act Amendments of 1990 in which to contribute such
amount. If such an agency fails to meet and maintain this required

104 STAT. 2688

42 use 7405.

Regulations.

42 use 7406.

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
Air Act is amended by striking "(B)" and inserting "(A)".
(c) LIMITATION ON GRANTS.—Section 105(b) of the Clean Air Act is
amended by—
(1) inserting "(1)" immediately after "(b)"
(2) striking all that follows "(3) the financial need of the
respective agencies."; and
(3) redesignating paragraphs (1), (2), and (3) as subparagraphs
(A), (B), and (C) respectively.
(d) LIMITATION.—Section 105 of the Clean Air Act is amended by
redesignating subsection (c) as paragraph (2) of subsection (b) and by
striking all that follows "into which such area extends." in the
newly designated paragraph (2) and inserting "Subject to the provisions of paragraph (1) of this subsection, no State shall have made
available to it for application less than one-half of 1 per centum of
the annual appropriation for grants under this section for grants to
agencies within such State.".
(e) MAINTENANCE OF EFFORT.—Section 105 of the Clean Air Act is
amended by inserting the following new subsection after subsection (b):
"(c) MAINTENANCE OF EFFORT.—(1) No agency shall receive any
grant under this section during any fiscal year when its expenditures of non-Federal funds for recurrent expenditures for air pollution control programs will be less than its expenditures were for
such programs during the preceding fiscal year. In order for the
Administrator to award grants under this section in a timely
manner each fiscal year, the Administrator shall compare an
agency's prospective expenditure level to that of its second preceding ^ c a l year. The Administrator shall revise the current regulations which define applicable nonrecurrent and recurrent expenditures, and in so doing, give due consideration to exempting an
agency from the limitations of this paragraph and subsection (a) due
to periodic increases experienced by that agency from time to time
in its annual expenditures for purposes acceptable to the Administrator for that fiscal year.
"(2) The Administrator may still award a grant to an agency not
meeting the requirements of paragraph (1) of this subsection if the
Administrator, after notice and opportunity for public hearing,
determines that a reduction in expenditures is attributable to a nonselective reduction in the expenditures in the programs of all Executive 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.".
(f) CosTS.—Section 106 of the Clean Air Act is amended by striking
"three-fourths of the air quality planning program costs of such
agency" and inserting "three-fifths of the air quality implementation program costs of such agency".

PUBLIC LAW 101-549—NOV. 15, 1990
SEC. 803. ANNUAL REPORT REPEAL.
Section 313 of the Clean Air Act is repealed.

104 STAT. 2689

^
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 Amendments of 1990, and at least every 3 years thereafter, the Administrator shall review and, if necessary, revise, the methods ('emission
factors') used for purposes of this Act to estimate the quantity of
emissions of carbon monoxide, volatile organic compounds, and
oxides of nitrogen from sources of such air pollutants (including
area sources and mobile sources). In addition, the Administrator
shall establish emission factors for sources for which no such methods have previously been established by the Administrator. The
Administrator shall permit any person to demonstrate improved
emissions estimating techniques, and following approval of such
techniques, the Administrator shall authorize the use of such techniques. Any such technique may be approved only after appropriate
public participation. Until the Administrator has completed the
revision required by this section, nothing in this section shall be
construed to affect the validity of emission factors established by the
Administrator before the date of the enactment of the Clean Air Act
Amendments of 1990.".
SEC. 805. LAND USE AUTHORITY.
Part A of title I of the Clean Air Act is amended by adding the
following at the end thereof:
"SEC. 131. LAND USE AUTHORITY.
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 Administration and the Department of Energy, shall conduct a study and test
program on the development of a hydrogen fuel cell electric vehicle.
The study and test program shall determine how best to 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 performed in the university or universities which are best exhibiting
the facilities and expertise to develop such a fuel cell vehicle.

104 STAT. 2690
42 u s e 7171
note.

PUBLIC LAW 101-549—NOV. 15, 1990

SEC. 808. RENEWABLE ENERGY AND ENERGY CONSERVATION INCENTIVES.

(a) DEFINITION.—For purposes of this section, "renewable energy"
means energy from photovoltaic, solar thermal, wind, geothermal,
and biomass energy production technologies.
(b) RATE INCENTIVES STUDY.—Within 18 months after enactment,
the Federal Energy Regulatory Commission, in consultation with
the Environmental Protection Agency, shall complete a study which
calculates the net environmental benefits of renewable energy,
compared to nonrenewable energy, and assigns numerical values to
them. The study shall include, but not be limited to, environmental
impacts on air, water, land use, water use, human health, and waste
disposal.
(c) MODEL REGULATIONS.—In conjunction with the study in subsection (b), the Commission shall propose one or more models for
incorporating the net environmental benefits into the regulatory
treatment of renewable energy in order to provide economic compensation for those benefits.
(d) REPORT.—The Commission shall transmit the study and the
model regulations to Congress, along with any recommendations on
the best ways to reward renewable energy technologies for their
environmental benefits, in a report no later than 24 months after
enactment.
SEC. 809. CLEAN AIR STUDY OF SOUTHWESTERN NEW MEXICO.

The Administrator shall conduct a study of the causes of degraded
visibility in southwestern New Mexico. The Administrator, in consultation with the Secretary of State, is encouraged to cooperate
with the Government of Mexico, other Federal agencies, and any
other appropriate organizations in conducting the study. Nothing in
this section shall be construed as contravening or superseding the
provisions of any international agreement in force for the United
States as of the date of enactment of this section, or any relevant
Federal statute.
42 u s e 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 u s e 7612
note.

SEC. 811. EQUIVALENT
NATIONS.

AIR

QUALITY

CONTROLS

AMONG

TRADING

(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 certain United States jobs, production, processes, and products if
foreign goods are produced under less costly environmental
standards and requirements than are United States goods; and

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) I N 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 standards and controls adopted and enforced by the major
trading partners of the United States,
on the international competitiveness of United States
manufacturers; and
(B) containing a strategy for addressing such economic
effects through trade consultations and negotiations.
(2) ADDITIONAL REPORTING REQUIREMENTS.—(A) The evaluation required under paragraph (IXA) shall examine the extent
to which the significant air quality standards and controls
required under this Act are comparable to existing internationally-agreed norms.
(B) The strategy required to be developed under paragraph
(IXB) shall include recommended options (such as the harmonization of standards and trade adjustment measures) for reducing or eliminating competitive disadvantages caused by
differences in standards and controls between the United States
and each of its major trading partners.
(3) PUBLIC COMMENT.—Interested parties shall be given an
opportunity to submit comments regarding the evaluations and
strategy required in the report under paragraph (1). The President shall take any such comment into account in preparing the
report.
(4) INTERIM REPORT.—Within 9 months after the date of the
enactment of the Clean Air Act Amendments of 1990, the
President shall submit to the Congress an interim report on the
progress being made in complying with paragraph (1).
SEC. 812. ANALYSES OF COSTS AND BENEFITS.
(a) ECONOMIC IMPACT ANALYSES.—Section 312 of the Clean Air Act 42 use 7615
is amended to read as follows:
"SEC. 312. ECONOMIC IMPACT ANALYSES.
(a) The Administrator, in consultation with the Secretary of Commerce, the Secretary of Labor, and the Council on Clean Air Compliance Analysis (as established under subsection (f) of this section),
shall conduct a comprehensive analysis of the impact of this Act on
the public health, economy, and environment of the United States.
In performing such analysis, the Administrator should consider the
costs, benefits and other effects associated with compliance with
each 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, including any technology-based standard and any risk-based standard
for such pollutant;

104 STAT. 2692

Reports-

Sports.

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 subsection (a), the Administrator shall consider all of the economic, public
health, and environmental benefits of efforts to comply with such
standard. In any case where numerical values are assigned to such
benefits, a default assumption of zero value shall not be assigned to
such benefits unless supported by specific data. The Administrator
shall assess how benefits are measured in order to assure that
damage to human health and the environment is more accurately
measured and taken into account.
"(c) In describing the costs of a standard described in subsection
(a), the Administrator shall consider the effects of such standard on
employment, productivity, cost of living, economic growth, and the
overall economy of the United States.
"(d) Not later than 12 months after the date of enactment of the
Clean Air Act Amendments of 1990, the Administrator, in consultation with the Secretary of Commerce, the Secretary of Labor, and
the C!ouncil on Clean Air CJompliance Ansdysis, shall submit a report
to the (Dongress that summarizes the results of the analysis described in subsection (a), which reports—
"(1) all costs incurred previous to the date of enactment of the
Clean Air Act Amendments of 1990 in the effort to comply with
such st£indards; and
"(2) all benefits that have accrued to the United States as a
result of such costs.
"(e) Not later than 24 months after the date of enactment of the
Clean Air Act Amendments of 1990, and 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 consultation with the Secretary of (Dommerce and the Secretary of Labor,
shall appoint an Advisory CJouncil on Clean Air (Dompliance Analysis of not less than nine members (hereafter in this section referred
to as the 'Council'). In appointing such members, the Administrator
shall appoint recognized experts in the fields of the health and
environmental effects of air pollution, economic analysis, environmental sciences, and such other fields that the Administrator determines to be appropriate.
"(g) The Council shall—
"(1) review the data to be used for any analysis required
under this section and make recommendations to the Administrator on the use of such data;
"(2) review the methodology used to analyze such data and
make recommendations to the Administrator on the use of such
methodology; and

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2693

"(3) prior to the issuance of a report required under subsection (d) or (e), review the findings of such report, and make
recommendations to the Administrator concerning the validity
and utility of such findings.",
(b) GAO REPORTS ON COSTS AND BENEFITS.—Commencing on the

42 u s e 7612

second year after the date of the enactment of the Clean Air Act note.
Amendments of 1990 and annually thereafter, the Comptroller General of the General Accounting Office, in consultation with other
agencies, such as the Environmental Protection Agency, the Department of Labor, the Department of Commerce, the United States
Trade Representative, the National Academy of Sciences, the Office
of Technology Assessment, the National Academy of Engineering,
the Council on Environmental Quality, and the Surgeon General,
shall provide a report to the Congress on the incremental human
health and environmental benefits, and incremental costs beyond
current clean air requirements of the new control strategies and
technologies required by this Act. The report shall include, for such
strategies and technologies, an analysis of the actual emissions
reductions beyond existing practice, the effects on human life,
human health and the environment (including both positive impacts
and those that may be detrimental to jobs and communities resulting from loss of employers and employment, etc.), the energy security 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.

Reports.

u s e 7404
Within 2 years after the enactment of the Clean Air Act Amend- 42
note.
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 alternatives, and other relevant factors and impacts. In preparing such
study, the Administrator shall obtain the view and comments of all
interested persons and shall consult with the Secretary of Transportation and the Secretary of the department in which the Coast
Guard is operating.
SEC. 814. AMERICAN MADE PRODUCTS.

It is the sense of the Congress that—
(1) existing equipment and machinery retrofitted to comply
with the Clean Air Act's "Best Available Control Technology
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 Protection 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 program established under this section shall not extend beyond July 1,
1995.
(b) MONITORING AND REMEDIATION.—

(1) MONITORING.—The monitoring component of the program
conducted under this section shall identify and determine
sources of pollutants for which national ambient air quality
standards (hereinafter referred to as "NAAQS") and other air
quality goals have been established in regions along the border
between the United States and Mexico. Any such monitoring
component of the program shall include, but not be limited to,
the collection of meteorological data, the measurement of air
quality, the compilation of an emissions inventory, and shall be
sufficient to the extent necessary to successfully support the use
of a state-of-the-art mathematical air modeling analysis. Any
such monitoring component of the program shall collect and
produce data projecting the level of emission reductions necessary in both Mexico and the United States to bring about
attainment of both primary and secondary NAAQS, and other
air quality goals, in regions along the border in the United
States. Any such monitoring component of the program shall
include to the extent possible, data from monitoring programs
undertaken by other parties.
(2) REMEDIATION.—The Administrator is authorized to negotiate with appropriate representatives of Mexico to 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 Congress on the progress of the program in bringing nonattainment
areas along the border of the United States into attainment with
primary and secondary NAAQS. The report issued by the Administrator under this paragraph shall include recommendations on funding mechanisms to assist in implementation of monitoring and
remediation efforts.
(d) FUNDING AND PERSONNEL.—The Administrator may, where
appropriate, make 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 develop 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 compliance with the agreements established under and the purposes
set forth in this section; and
(3) where necessary, develop grant agreements with affected
States to carry out the provisions of this section.
SEC. 816. VISIBILITY.

Subpart 2 of part C of title I of the Clean Air Act is amended by
adding the following new section at the end thereof:
"SEC. 169B. VISIBILITY.

"(a) STUDIES.—(1) The Administrator, in conjunction with the
National Park Service and other appropriate Federal agencies, shall
conduct research to identify and evaluate sources and source regions
of both visibility impairment and regions that provide predominantly clean air in class I areas. A total of $8,000,000 per year for 5
years is authorized to be appropriated for the Environmental Protection Agency and the other Federal agencies to conduct this research.
The research shall include—
"(A) expansion of current visibility related monitoring in
class I areas;
"(B) assessment of current sources of visibility impairing
pollution and clean air corridors;
"(C) adaptation of regional air quality models for the assessment of visibility;
"(D) studies of atmospheric chemistry and physics of
visibility.
"(2) Based on the findings available from the research required in
subsection (aXD as well as other available scientific and technical
data, studies, and other available information pertaining to visibility source-receptor relationships, the Administrator shall conduct
an assessment and evaluation that identifies, to the extent possible,
sources and source regions of visibility impairment including natural sources as well as source regions of clear air for class I areas. The
Administrator shall produce interim findings from this study within
3 years after enactment of the Clean Air Act Amendments of 1990.
"(b) IMPACTS OF OTHER PROVISIONS.—Within 24 months after
enactment of the Clean Air Act Amendments of 1990, the Administrator shall conduct an assessment of the progress and improvements in visibility in class I areas that are likely to result from the
implementation of the provisions of the Clean Air Act Amendments
of 1990 other than the provisions of this section. Every 5 years
thereafter the Administrator shall conduct an 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

42 USC 7492.

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 contribute to the protection or enhancement of visibility in any
class I area in the region.
"(2)

Reports.

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 Transport Region, or the Governor's designee;
"(B) 'The Administrator or the Administrator's designee;
and
"(C) A representative of each Federal agency charged
with the direct 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 conducted pursuant to subsection (a)(1), pertaining to adverse impacts on visibility from potential or projected growth in
emissions from sources located in the Visibility Transport
Region; and
"(2) shall, within 4 years of establishment, issue a report to
the Administrator recommending what measures, if any, should
be taken under the Clean Air Act to remedy such adverse
impacts. The report required by this subsection shall address at
least the following measures:
"(A) the establishment of clean air corridors, in which
additional restrictions on increases in emissions may be
appropriate to protect visibility in affected class I areas;
"(B) the imposition of the requirements of part D of this
title affecting the construction of new major stationary
sources or major modifications to existing sources in such
clean air corridors specifically including the alternative
siting analysis provisions of section 173(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 information, within eighteen months of receipt of the report referred to in
subsection (dX2) of this section, carry out the Administrator's regulatory responsibilities under section 169A, including criteria for
measuring 'reasonable progress' toward the national goal.
"(2) Any regulations promulgated under section 169A of this title
pursuant to this subsection shall require affected States to revise
within 12 months their implementation plans under section 110 of
this title to contain such emission limits, schedules of compliance,
and other measures as may be necessary to carry out regulations
promulgated pursuant to this subsection.
"(f)

GRAND CANYON VISIBILITY TRANSPORT COMMISSION.—The

Administrator pursuant to subsection (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

(a) REPORT.—The Administrator shall request the Nationsd Academy of Sciences to prepare a report to the Congress on the role of
national secondary ambient air quality standards in protecting
welfare and the environment. The report shall:
(1) include information on the effects on welfare and the
environment which are caused by ambient concentrations of
pollutants listed pursuant to section 108 and other pollutants
which may be listed;
(2) estimate welfare and environmental costs incurred as a
result of such effects;
(3) examine the role of secondary standards and the State
implementation planning process in preventing such effects;
(4) determine ambient concentrations of each such pollutant
which would be adequate to protect welfare and the environment from such effects;
(5) estimate the costs and other impacts of meeting secondary
standards; and
(6) consider other means consistent with the goals and objectives of the Clean Air Act which may be more effective than
secondary standards in preventing or mitigating such effects.
(b) SUBMISSION TO CONGRESS; COMMENTS; AUTHORIZATION.—(1) The

report shall be transmitted to the Congress not later than 3 years
after the date of enactment of the Clean Air Act Amendments of
1990.
(2) At least 90 days before issuing a report the Administrator shall
provide an opportunity for public comment on the proposed report.
The Administrator shall include in the 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:

42 USC 7409

104 STAT. 2698
42 u s e 7509a.

PUBLIC LAW 101-549—NOV. 15, 1990

"SEC. 179B. INTERNATIONAL BORDER AREAS.
"(a) IMPLEMENTATION PLANS AND REVISIONS.—Notwithstanding

any other provision of law, an implementation plan or plan revision
required under this Act shall be approved by the Administrator if—
"(1) such plan or revision meets all the requirements applicable to it under the Act other than a requirement that such
plan or revision demonstrate attainment and maintenance of
the relevant national ambient air quality standards by the
attainment date specified under the applicable provision of this
Act, or in a regulation promulgated under such provision, and
"(2) the submitting State establishes to the satisfaction of the
Administrator that the implementation plan of such State
would be adequate to attain and maintain the relevant national
ambient air quality standards by the attainment date specified
under the applicable provision of this Act, or in a regulation
promulgated under such provision, but for emissions emanating
from outside of the United States.
"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 satisfaction of the Administrator, with respect to a carbon monoxide nonattainment 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 outside 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 u s e 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 amendments (relating to additional provisions for areas designated as
nonattainment for sulfur oxides, nitrogen dioxide, and lead) shall
not apply with respect to the production of and equipment used in
the exploration, production, development, storage or processing of—
(1) oil from a stripper well property, within the meaning of
the June 1979 energy regulations (within the meaning of section
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 Administrator's activities under any agreement with the Department of
Transportation entered into prior to such date of enactment providing for an analysis of the health and environmental aspects of
magnetic levitation technology.
SEC. 821. INFORMATION GATHERING ON GREENHOUSE GASES 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 provisions of section 511(e) of title V of the Clean Air Act shall apply for
purposes of this section in the same manner and to the same extent
as such provision applies to the monitoring and data referred to in
section 511.
(b) PUBLIC 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 Amendments of 1990.
"(b) GRANTS FOR PLANNING.—There are authorized to be appropriated (1) not more than $50,000,000 to carry out section 175
beginning in fiscal year 1991, to be available until expended, to
develop plan revisions required by subpart 2, 3, or 4 of part D of title
I, and (2) not more than $15,000,000 for each of the 7 fiscal years
commencing after the enactment of the Clean Air Act Amendments
of 1990 to make grants to the States to prepare implementation
plans as required by subpart 2, 3, or 4 of part D of title I.".

104 STAT. 2700

PUBLIC LAW 1 0 1 - 5 4 9 ~ N O V . 15, 1990

TITLE IX—CLEAN AIR RESEARCH
Sec. 901. Clean air research.
SEC. 901. CLEAN AIR RESEARCH.

42 use 7403.

(a) RESEARCH AND DEVELOPMENT PROGRAM.—(1) Section 103(aXl)
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 development of methods for sampling, measurement, monitoring, analysis,
and modeling of air pollutants. Such program shall include the
following elements:
"(1) Consideration of individual, as well as complex mixtures
of, air pollutants and their chemical transformations in the
atmosphere.
"(2) Establishment of a national network to monitor, collect,
and compile data with quantification of certainty in the status
and trends of air emissions, deposition, air quality, surface
water quality, forest condition, and visibility impairment, and
to ensure the comparability of air quality data collected in
different States and obtained from different nations.
"(3) Development of improved methods and technologies for
sampling, measurement, monitoring, analysis, and modeling to
increase understanding of the sources of ozone percursors, ozone
formation, ozone transport, regional influences on urban ozone,
regional ozone trends, and interactions of ozone with other
pollutants. Emphasis shall be placed on those techniques
which—
"(A) improve the ability to inventory emissions of volatile
organic compounds and nitrogen oxides that contribute to
urban air pollution, including anthropogenic and natural
sources;
"(B) improve the understanding of the mechanism
through which anthropogenic and biogenic volatile organic
compounds react to form ozone and other oxidants; and
"(C) improve the ability to identify and evaluate regionspeciflc prevention and control options for ozone pollution.
"(4) Submission of periodic reports to the Congress, not less
than once every 5 years, which evaluate and assess the effectiveness of air pollution control regulations and programs using
monitoring and modeling data obtained pursuant to this
subsection.
"(d)

ENVIRONMENTAL

HEALTH

EFFECTS

RESEARCH.—(1)

The

Administrator, in consultation with the Secretary of Health and
Human Services, shall conduct a research program on the shortterm 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 coordinated to avoid duplication.
"(2) In conducting the research program under this subsection, the
Administrator shall develop methods and techniques necessary to
identify and assess the risks to human health from both routine and
accidental exposures to 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 Substances and Disesise Registry, the National Toxicology Program,
the National Institute of Standards and Technology, the National 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 enactment of this paragraph, of each of the hazardous air pollutants
listed under section 112(b) of this Act, to decide, on the basis of
available information, their relative priority for preparation of
environmental health assessments pursuant to subparagraph
(C). The evaluation shall be based on reasonably anticipated
toxicity to humans and exposure factors such as frequency of
occurrence as an air pollutant and volume of emissions in
populated areas. Such evaluation shall be reviewed by the
Interagency Task Force established pursuant to subparagraph (A).
"(C) Preparation of environmental health assessments for
each of the hazardous air pollutants referred to in subparagraph (B), beginning 6 months after the first meeting of the
Interagency Task Force and to be completed within 96 months
thereafter. No fewer than 24 assessments shall be completed
and published annually. The assessments shall be prepared in
accordance with guidelines developed by the Administrator in
consultation with the Interagency Task Force and the Science
Advisory Board of the Environmental Protection Agency. Each
such assessment shall include—
"(i) an examination, summary, and evaluation of available toxicological and epidemiological information for the
pollutant to ascertain the levels of human exposure which
pose a significant threat to human health and the associated acute, subacute, and chronic adverse health effects;
"(ii) a determination of gaps in available information
related to human health effects 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 pollutants, including characterization of the causes and effects of
chronic and episodic exposures to air pollutants and determination of the reversibility of those effects.
"(3) Development of improved atmospheric dispersion models
and monitoring systems and networks for evaluating and quantifjdng exposure to and effects of multiple environmental
stresses associated with air pollution.
"(4) Evaluation of the effects of air pollution on water quality,
including assessments of the short-term and long-term ecological effects of acid deposition and other atmospherically
derived pollutants on surface water (including wetlands and
estuaries) and groundwater.
"(5) Evaluation of the effects of air pollution on forests,
materials, crops, biological diversity, soils, and other terrestrial
and aquatic systems exposed to air pollutants.
"(6) Estimation of the associated economic costs of ecological
damage which have occurred as a result of exposure to air
pollutants.
Consistent with the purpose of this program, the Administrator may
use the estuarine research reserves established pursuant to section
315 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461) to
carry out this research.
"(f)

LIQUEFIED GASEOUS FUELS SPILX, TEST FACIUTY.—(1)

The

Administrator, in consultation with the Secretary of Energy and the
Federal Coordinating Council for Science, Engineering, and Technology, shall oversee an experimental and analytical research effort,
with the experimental research to be carried out at the Liquefied
Gaseous Fuels Spill Test Facility. In consultation with the Secretary
of Energy, the Administrator shall develop a list of chemicals and a
schedule for field testing at the Facility. Analysis of a minimum of
10 chemicals per year shall be carried out, with the selection of a
minimum of 2 chemicals for field testing each year. Highest priority
shall be given to those chemicals that would present the greatest
potential risk to human health as a result of an accidental release—
"(A) from a fixed site; or
"(B) related to the transport of such chemicals.
"(2) The purpose of such research shall be to—
"(A) develop improved predictive models for atmospheric
dispersion which at a minimum—
"(i) describe dense gas releases in complex terrain including man-made structures or obstacles with variable winds;
"(ii) improve understanding of the effects of turbulence
on dispersion patterns; and

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2703

"(iii) consider realistic behavior of aerosols by including
physicochemical reactions with water vapor, ground deposition, and removal by water spray;
"(B) evaluate existing and future atmospheric dispersion
models by—
"(i) the development of a rigorous, standardized methodology for dense gas models; and
"(ii) the application of such methodology to current dense
gas dispersion models using data generated from field
experiments; and
"(C) evaluate the effectiveness of hazard mitigation and emergency response technology for fixed site and transportation
related accidental releases of toxic chemicals.
Models pertaining to accidental release shall be evaluated and
improved periodically for their utility in planning and implementing evacuation procedures and other mitigative strategies designed
to minimize human exposure to hazardous air pollutants released
accidentally.
"(3) The Secretary of Energy shall make available to interested
persons (including other Federal agencies and businesses) the use of
the Liquefied Gaseous Fuels Spill Test Facility to conduct research
and other activities in connection with the activities described in
this subsection.".
(c) ADDITIONAL PROVISIONS.—Section 103 of the Clean Air Act is 42 use 7403.
amended by inserting after subsection (f) the following:
"(g) POLLUTION PREVENTION AND EMISSIONS CONTROL.—In carrying out subsection (a), the Administrator shall conduct a basic
engineering research and technology program to develop, evaluate,
and demonstrate nonregulatory strategies and technologies for air
pollution prevention. Such strategies and technologies shall be
developed with priority on those pollutants which pose a significant
risk to human health and the environment, and with opportunities
for participation by industry, public interest groups, scientists, and
other interested persons in the development of such strategies and
technologies. Such program shall include the following elements:
"(1) Improvements in nonregulatory strategies and technologies for preventing or reducing multiple air pollutants,
including sulfur oxides, nitrogen oxides, heavy metals, PM-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 various air pollutant reduction and nonregulatory control strategies such as energy conservation, including end-use efficiency,
and fuel-switching to cleaner fuels. Such strategies and technologies shall be considered for existing and new facilities.
"(2) Improvements in nonregulatory strategies and technologies for reducing air emissions from area sources.
"(3) Improvements in nonregulatory strategies and technologies for preventing, detecting, and correcting accidental
releases of hazardous air pollutants.
"(4) Improvements in nonregulatory strategies and technologies that dispose of tires in ways that avoid adverse air
quality impacts.
Nothing in this subsection shall be construed to authorize the
imposition on any person of air pollution control requirements. The
Administrator shall consult with other appropriate Federal agencies

104 STAT. 2704

Appropriation
authorization.

Reports.

PUBLIC LAW 101-549—NOV. 15, 1990

to ensure coordination and to avoid duplication of activities authorized under this subsection.
"(h) NIEHS STUDIES.—(1) The Director of the National Institute of
Environmental Health Sciences may conduct a program of basic
research to identify, characterize, and quantify risks to human
health from air pollutants. Such research shall be conducted primarily through a combination of university and medical schoolbased grants, as well as through intramural studies and contracts.
"(2) The Director of the National Institute of Environmental
Health Sciences shall conduct a program, for the education and
training of physicians in environmental health.
"(3) The Director shall assure that such programs shall not conflict with research undertaken by the Administrator.
"(4) There are 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 develop and implement a plan for identifying areas in which activities
authorized under this section can be carried out in conjunction with
other Federal ecological and air pollution research efforts. The plan,
which 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 networks to determine cost effective ways to expand monitoring
capabilities in both urban and rural environments;
(2) a consideration of the extent of the feasibility and scientific value of conducting the research program under subsection (e) to include consideration of the effects of atmospheric
processes and air pollution effects; and
"(3) a methodology for evaluating and ranking pollution
prevention technologies, such as those developed under subsection (g), in terms of their ability to reduce cost effectively the
emissions of air pollutants and other airborne chemicals of
concern.
Not later than 2 years after the date of enactment of this subsection,
and every 4 years thereafter, the Administrator shall report to
Congress on the progress made in implementing the plan developed
under this subsection, and shall include in such report any revisions
of the plan.
' "(j) CONTINUATION OF THE NATIONAL ACID PRECIPITATION ASSESSMENT PROGRAM.—

President.

"(1) The acid precipitation research progrsim set forth in the
Acid Precipitation Act of 1980 shall be continued with modifications pursuant to this subsection.
"(2) The Acid Precipitation Task Force shall consist of the
Administrator of the Environmental Protection Agency, the
Secretary of Energy, the Secretary of the Interior, the Secretary
of Agriculture, the Administrator of the National Oceanic and
Atmospheric Administration, the Administrator of the National
Aeronautics and Space Administration, and such additional
members as the President may select. The President shall
appoint a chairman for the Task Force from among its members
within 30 days after the date of enactment of this subsection.
"(3) The responsibilities of the Task Force shall include the
following:
"(A) Review of the status of research activities conducted
to date under the comprehensive research plan developed

PUBLIC LAW 101-549—NOV. 15, 1990

104 STAT. 2705

pursuant to the Acid Precipitation Act of 1980, and development of a revised plan that identifies significant research
gaps and establishes a coordinated program to address
current and future research priorities. A draft of the revised plan shall be submitted by the Task Force to Congress
within 6 months after the date of enactment of this subsection. The plan shall be available for public comment during 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 community as necessary to ensure the availability and quality of
data and methodologies needed to evaluate the status and
effectiveness of the acid deposition control program. Such
research and monitoring efforts shall include, but not be
limited to—
"(i) continuous monitoring of emissions of precursors
of acid deposition;
"(ii) maintenance, upgrading, and application of
models, such as the Regional Acid Deposition Model,
that describe the interactions of emissions with the
atmosphere, and models that describe the response of
ecosystems to acid deposition; and
"(iii) analysis of the costs, benefits, and effectiveness
of the acid deposition control program.
"(C) Publication and maintenance of a National Acid
Lakes Registry that tracks the condition and change over
time of a statistically representative sample of lakes in
regions that are known to be sensitive to surface water
acidification.
"(D) Submission every two years of a unified budget
recommendation to the President for activities of the Federal Government in connection with the research program
described in this subsection.
"(E) Beginning in 1992 and biennially thereafter, 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 deposition trends;
"(ii) average ambient concentrations of acid deposition percursors and their transformation products;
"(iii) the status of ecosystems (including forests and
surface waters), materials, and visibility affected by
acid deposition;
"(iv) the causes and effects of such deposition, including changes in surface water quality and forest and soil
conditions;
"(v) the occurrence and effects of episodic acidification, particularly with respect to high elevation watersheds; and
"(vi) the confidence level associated with each conclusion to aid policjrmakers in use of the information.

104 STAT. 2706

42 use 7404.

42 u s e 7403

note.

Reports.

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 discharge or discharges if permitted to take place or continue are likely
to cause or contribute to air pollution subject to abatement under
part A of title I, the Administrator shall send such findings, together with recommendations concerning the measures which the
Administrator finds reasonable and suitable to prevent such pollution, to the person or persons whose actions will result in the
discharge or discharges involved; to air pollution agencies of the
State or States and of the municipality or municipalities where such
discharge or discharges will originate; and to the interstate air
pollution control agency, if any, in the jurisdictional area of which
any such municipality is located. Such findings and recommendations shall be advisory only, but shall be admitted together with the
record of the conference, as part of the proceedings under subsections (b), (c), (d), (e), and (f) of section 108.".
(d) MISCELLANEOUS.—(1) Section 104 of the Clean Air Act is
amended by striking "low-cost" each place it appears and inserting
in lieu thereof "cost-effective".
(2) Section 104(c) of the Clean Air Act is amended to read as
follows:
"(c) CLEAN ALTERNATIVE FUELS.—The Administrator shall conduct
a research program to identify, characterize, and predict air emissions related to the production, distribution, storage, and use of
clean alternative fuels to determine the risks and benefits to human
health and the environment relative to those from using conventional gasoline and diesel fuels. The Administrator shall consult
with other Federal agencies to ensure coordination and to avoid
duplication of activities authorized under this subsection.".
(e) ASSESSMENT OF INTERNATIONAL AlR POLLUTION CONTROL T E C H -

NOLOGiES.—The Administrator of the Environmental Protection
Agency shall conduct a study that compares international air pollution control technologies of selected industrialized countries to
determine if there exist air pollution control technologies in countries outside the United States that may have beneficial applications
to this Nation's air pollution control efforts. With respect to each
country studied, the study shall include the topics of urban air
quality, motor vehicle emissions, toxic air emissions, and acid
deposition. The Administrator shall, within 2 years after the date of
enactment of this Act, submit to the Congress a report detailing the
results of such study.

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 research the effects of acid deposition on waters where acid deposition
has been most acute. The Administrator shall enter into a multiyear contract for such purposes with an independent university
which has a year-round field analytical laboratory on a body of
water of not less than 25,000 acres nor greater than 75,000 acres,
which lies within a geographic region designated as a Biosphere
Reserve by the Department of State. The facility must have demonstrated the capability to analyze relevant data on said body of
water over a period of 20 years as well as extensive ecosystem
modeling capabilities. There are authorized to be appropriated to
carry out this subsection not less than $6,000,000.
(g)

WESTERN

Grovemment
contracts.

Appropriation
authorization.
STATES ACID DEPOSITION RESEARCH.—(1)
The Reports.
u s e 7403
the Environmental Protection Agency shall spon- 42
note.

Administrator of
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 contracts and cooperative agreements with, and make grants to, nonprofit entities affiliated with the University of Nevada and the
University of Wyoming.
(2) Agreements, contracts, and grants described in paragraph (1)
shall provide that such nonprofit entities—
(A) may provide basic technical and management personnel;
and
(B) shEill make available permanent research support facilities owned by the nonprofit entities.
(3) The nonprofit entities described in paragraphs (1) and (2) shall
be authorized to make grants, accept contributions, and enter into
agreements with other entities to carry out the provisions of this
subsection.
(4) There are authorized to be appropriated to the Department of
Energy $3,000,000 for fiscal year 1991 and such sums as may be
necessary for each fiscEil year thereafter to carry out the provisions
of paragraph (1). Such amounts shall remain available until
expended.

Government
contracts.
Grant programs.
Colleges and
universities.

104 STAT. 2708

42 use 7601

PUBLIC LAW 101-549—NOV. 15, 1990

TITLE X — D I S A D V A N T A G E D B U S I N E S S

note.

CONCERNS
Sec. 1001. Disadvantaged business concerns.
Sec. 1002. Use of quotas prohibited.
SEC. 1001. DISADVANTAGED BUSINESS CONCERNS.

(a) I N GENERAL.—In providing for any research relating to the
requirements of the amendments made by the Clean Air Act
Amendments of 1990 which uses funds of the Environmental Protection Agency, the Administrator of the Environmental Protection
Agency shall, to the extent practicable, require that not less than 10
percent of toted Federal funding for such research will be made
available to disadvantaged business concerns.
(b) DEFINITION.—

Minority
^°"P^-

(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 disadvEmtaged business concern for purposes of subsection (a) if it
is at least 51 percent owned by, or in the case of a concern which
is a publicly traded company at least 51 percent of the stock of
the company is owned by, one or more individuals who are
members of the following groups:
(I) Black Americans.
(II) Hispanic Americans.
(III) Native Americans.
(IV) Asian Americans.
(V) Women.
(VI) Disabled Americans.
(ii) The presumption established by clause (i) may be rebutted
with respect to a particular business concern if it is reasonably
established that the individual or individuals referred to in that
clause with respect to that business concern are not experiencing impediments to establishing or developing such concern as a
result of the individual's identification as a member of a group
specified in that clause.
(C) The following institutions are presumed to be disadvantaged business concerns for purposes of subsection (a):
(i) Historically black colleges and universities, and colleges and universities having a student body in which 40
percent of the students are 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. U S E 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 Partnership Act (29 U.S.C. 1501) is amended by adding at the end the
following:
"CLEAN AIR EMPLOYMENT TRANSITION ASSISTANCE
"SEC. 326. (a) DETERMINATION OF EuGiBiLTTY.—

"(1) DEFINITIONS.—For purposes of this section, the term 'eligible individual' means an individual who—
"(A) is an eligible dislocated worker, as that term is
defined in section 301(a), and
"(B) has been terminated or laid off, or has received a
notice of termination or lay off, as a consequence of compliance with the Clean Air Act.
"(2) DETERMINATIONS.—The determination of eligibility under
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 employment 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.

P

"(c) PRIORITY AND APPROVAL.—

"(1) PRIORITY.—In reviewing applications for grants under
subsection (b), the Secretary shall give priority to applications

29USCi662e.

104 STAT. 2710

PUBLIC LAW 101-549—NOV. 15, 1990

proposing to provide training, adjustment assistance, and services in areas which have the greatest number of eligible
individuals.
"(2) NEEDS-RELATED PAYMENTS REQUIRED.—The Secretary shall
not approve an application for a grant under subsection (b)
unless the application contains assurances that the applicant
will use grant funds to provide needs-related 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 adjustment assistance may be used to provide job search allowances to eligible individuals. Such allowance, if granted,
shall provide reimbursement to the individual of not more
than 90 percent of the cost of necessary job search expenses,
as prescribed by regulations of the Secretary, but may not
exceed $800 unless the need for a greater amount is justified in the application and approved by the Secretary.
"(B) CRITERIA FOR GRANTING JOB SEARCH ALLOWANCES.—A

job search allowance may be granted only—
"(i) to assist an eligible individual who has been
totally separated in securing a job within the United
States; and
"(ii) where the Secretary determines that such employee cannot reasonably be expected to secure suitable
employment in the commuting area in which the
worker resides.
"(2) RELOCATION ALLOWANCE.—

"(A) IN GENERAL.—Grants under subsection (b) for adjustment assistance may be used to provide relocation allowances to eligible individuals. Such an allowance may only
be granted to assist an eligible individual in relocating
within the United States and only if the Secretary determines that—
"(i) such employee cannot reasonably be expected to
secure suitable employment in the commuting area in
which the employee resides; and
"(ii) such employee—
"(I) has obtained suitable 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 employment, and
"(II) is totally separated from employment at the
time relocation commences.
"(B) AMOUNT OF RELOCATION ALLOWANCE.—The amount of

any relocation allowance for any eligible individual may
not exceed the amount which is equal to the sum of—
"(i) 90 percent of the reasonable and necessary
expenses, specified in regulations prescribed by the
Secretary, incurred in transporting an individual and
the individual's 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 unemplojmient compensation;
"(B) has been enrolled in training by the end of the 13th
week of the individual's initial unemplojrment compensation benefit period, or, if later, the end of the 8th week after
an individual is informed that a short-term layoff will in
fact exceed 6 months; and
"(C) is participating in training or education programs
under this section, except that such regulations shall protect an individual from being disqualified pursuant to this
clause for a failure to participate that is not the fault of the
individual;
"(2) provide that to qualify for such payments the individual
currently receives, or is a member of a family which currently
receives, a total family income (exclusive of unemployment
compensation, child support payments, and welfare payments)
which, in relation to family size, is not in excess of the lower
living standard income level;
"(3) provide that the levels of such 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 Management 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 reserve not more than 5 percent of the funds appropriated under this
section for the administration of activities authorized under this
section, including the provision of technical assistance for the
preparation of grant applications.
"(h) AUTHORIZATION 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 appropriated for all 5 such fiscal years shall not exceed $250,000,000.
Amounts appropriated pursuant to this subsection shall remain
available until expended.
"(i) REGULATIONS.—The Secretary shall prescribe regulations to
carry out this section not later than 180 days 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

Reports.

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 provisions of the Clean Air Act; and
"(2) submit to the Congress on the 4th anniversary of the date
of the enactment of this subtitle a written report on the assessments required under paragraph (1).".
(b) CONFORMING AMENDMENTS.—

(1) 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 n i 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.