Loading (50 kb)...'
CLEAN AIR ACT
TABLE OF CONTENTS FOR THE CLEAN AIR ACT
TITLE I - AIR POLLUTION PREVENTION AND CONTROL
Part A - Air Quality and Emission Limitations
Sec. 101. Findings and purposes.
Sec. 102. Cooperative activities and uniform laws.
Sec. 103. Research, investigation, training, and other activities.
Sec. 104. Research relating to fuels and vehicles.
Sec. 105. Grants for support of air pollution planning and control programs.
Sec. 106. Interstate air quality agencies or commissions.
Sec. 107. Air quality control regions.
Sec. 108. Air quality criteria and control techniques.
Sec. 109. National ambient air quality standards.
Sec. 110. Implementation plans.
Sec. 111. Standards of performance for new stationary sources.
Sec. 112. National emission standards for hazardous air pollutants.
Sec. 113. Federal Enforcement.
Sec. 114. Inspections, monitoring, and entry.
Sec. 115. International air pollution.
Sec. 116. Retention of state authority.
Sec. 117. President's air quality advisory board and advisory committees.
Sec. 118. Control of pollution from federal facilities.
Sec. 119. Primary nonferrous smelter orders.
Sec. 120. Noncompliance penalty.
Sec. 121. Consultation.
Sec. 122. Listing of certain unregulated pollutants.
Sec. 123. Stack heights.
Sec. 124. Assurance of adequacy of state plans.
Sec. 125. Measures to prevent economic disruption or unemployment.
Sec. 126. Interstate pollution abatement.
Sec. 127. Public notification.
Sec. 128. State boards.
Part B - Ozone Protection
Sec. 150. Purposes.
Sec. 151. Findings and definitions.
Sec. 152. Definitions.
Sec. 153. Studies by environmental protection agency.
Sec. 154. Research and monitoring by other agencies.
Sec. 155. Progress of regulation.
Sec. 156. International cooperation.
Sec. 157. Regulations.
Sec. 158. Other provisions unaffected.
Sec. 159. State authority.
Part C - Prevention of Significant Deterioration of Air Quality
Sec. 160. Purposes.
Sec. 161. Plan requirements.
Sec. 162. Initial classifications.
Sec. 163. Increments and ceilings.
Sec. 164. Area redesignation.
Sec. 165. Preconstruction requirements.
Sec. 166. Other pollutants.
Sec. 167. Enforcement.
Sec. 168. Period before plan approval.
Sec. 169. Definitions.
Sec. 169a. Visibility protection for federal class I areas.
Part D - Plan Requirements for Nonattainment Areas
Sec. 171. Definitions.
Sec. 172. Nonattainment plan provisions.
Sec. 173. Permit requirements.
Sec. 174. Planning procedures.
Sec. 175. Environmental protection agency grants.
Sec. 176. Limitation on certain federal assistance.
Sec. 177. New motor vehicle emission standards in nonattainment areas.
Sec. 178. Guidance documents.
TITLE II - EMISSION STANDARDS FOR MOVING SOURCES
Sec. 201. Short title.
Part A - Motor Vehicle Emission and Fuel Standards
Sec. 202. Establishment of standards.
Sec. 203. Prohibited acts.
Sec. 204. Injunction proceedings.
Sec. 205. Penalties.
Sec. 206. Motor vehicle and motor vehicle engine compliance testing and certification.
Sec. 207. Compliance by vehicles and engines in actual use.
Sec. 208. Records and reports.
Sec. 209. State standards.
Sec. 210. State grants.
Sec. 211. Regulation of fuels.
Sec. 212. Development of low-emission vehicles.
Sec. 213. Fuel economy improvement from new motor vehicles.
Sec. 214. Study of particulate emissions from motor vehicles.
Sec. 215. High altitude performance adjustments.
Sec. 216. Definitions for part A.
Part B - Aircraft Emission Standards
Sec. 231. Establishment of standards.
Sec. 232. Enforcement of standards.
Sec. 233. State standards and controls.
Sec. 234. Definitions.
TITLE III - GENERAL
Sec. 301. Administration.
Sec. 302. Definitions.
Sec. 303. Emergency powers.
Sec. 304. Citizen suits.
Sec. 305. Representation in litigation.
Sec. 306. Federal procurement.
Sec. 307. General provisions relating to administrative proceedings and judicial review.
Sec. 308. Mandatory licensing.
Sec. 309. Policy review.
Sec. 310. Other authority not affected.
Sec. 311. Records and audit.
Sec. 312. Comprehensive economic cost studies and studies of cost effectiveness analysis.
Sec. 313. Additional reports to congress.
Sec. 314. Labor standards.
Sec. 315. Separability.
Sec. 316. Sewage treatment grants.
Sec. 317. Short title.
Sec. 317. Economic impact assessment.
Sec. 318. Financial disclosure; conflicts of interest.
Sec. 319. Air quality monitoring.
Sec. 320. Standardized air quality modeling.
Sec. 321. Employment effects.
Sec. 322. Employee protection.
Sec. 323. Cost of emission control for certain vapor recovery to be borne by owner of retail outlet.
Sec. 324. Vapor recovery for small business marketers of petroleum products.
Sec. 325. Exemptions for certain territories.
Sec. 326. Construction of certain clauses.
Sec. 327. Appropriations.
THE CLEAN AIR ACT
TITLE I - AIR POLLUTION PREVENTION AND CONTROL
Part A - Air Quality and Emission Limitations
FINDINGS AND PURPOSES
Sec. 101. (a) The Congress finds -
(1) that the predominant part of the Nation's population is
located in its rapidly expanding metropolitan and other urban
areas, which generally cross the boundary lines of local juris-
dictions and often extend into two or more States;
(2) that the growth in the amount and complexity of air pol-
lution brought about by urbanization, industrial development,
and the increasing use of motor vehicles, has resulted in
mounting dangers to the public health and welfare, including
injury to agricultural crops and livestock, damage to and the
deterioration of property, and hazards to air and ground
(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
(4) that Federal financial assistance and leadership is
essential for the development of cooperative Federal, State,
regional, and local programs to prevent and control air
(b) The purposes of this title are -
(1) to protect and enhance the quality of the Nation's air
resources so as to promote the public health and welfare and
the productive capacity of its population;
(2) to initiate and accelerate a national research and deve-
lopment program to achieve the prevention and control of air
(3) to provide technical and financial assistance to State
and local governments in connection with the development and
execution of their air pollution prevention and control
(4) to encourage and assist the development and operation of
regional air pollution prevention and control programs.
(c) Pollution Prevention.- A primary goal of this Act is to en-
courage or otherwise promote reasonable Federal, State, and local
governmental actions, consistent with the provisions of this Act,
for pollution prevention.
[42 U.S.C. 7401]
COOPERATIVE ACTIVITIES AND UNIFORM LAWS
Sec. 102. (a) The Administrator shall encourage cooperative
activities by the States and local governments for the prevention
and control of air pollution; encourage the enactment of improved
and, so far as practicable in the light of varying conditions and
needs, uniform State and local laws relating to the prevention
and control of air pollution; and encourage the making of
agreements and compacts between States for the prevention and
control of air pollution.
(b) The Administrator shall cooperate with and encourage
cooperative activities by all Federal departments and agencies
having functions relating to the prevention and control of air
pollution, so as to assure the utilization in the Federal air
pollution control program of all appropriate and available
facilities and resources within the Federal Government.
(c) The consent of the Congress is hereby given to two or more
States to negotiate and enter into agreements or compacts, not in
conflict with any law or treaty of the United States, for (1) co-
operative effort and mutual assistance for the prevention and
con-trol of air pollution and the enforcement of their respective
laws relating thereto, and (2) the establishment of such
agencies, joint or otherwise, as they may deem desirable for
making effective such agreements or compacts. No such agreement
or compact shall be binding or obligatory upon any State a party
thereto unless and until it has been approved by Congress. It is
the intent of Congress that no agreement or compact entered into
between States after the date of enactment of the Air Quality Act
of 1967, which relates to the control and abatement of air
pollution in an air quality control region, shall provide for
participation by a State which is not included (in whole or in
part) in such air quality control region.
[42 U.S.C. 7402]
RESEARCH, INVESTIGATION, TRAINING, AND OTHER ACTIVITIES
Sec. 103. (a) The Administrator shall establish a national re-
search and development program for the prevention and control of
air pollution and as part of such program shall -
(1) conduct, and promote the coordination and acceleration
of, research, investigations, experiments, demonstrations,
surveys, and studies relating to the causes, effects
(including health and welfare effects), extent, prevention,
and control of air pollution;
(2) encourage, cooperate with, and render technical ser-
vices and provide financial assistance to air pollution
control agencies and other appropriate public or private
agencies, institutions, and organizations, and individuals
in the conduct of such activities;
(3) conduct investigations and research and make surveys
concerning any specific problem of air pollution in coopera-
tion with any air pollution control agency with a view to
recommending a solution of such problem, if he is requested
to do so by such agency or if, in his judgment, such problem
may affect any community or communities in a State other
than that in which the source of the matter causing or
contributing to the pollution is located;
(4) establish technical advisory committees composed of
recognized experts in various aspects of air pollution to
assist in the examination and evaluation of research
progress and proposals and to avoid duplication of research;
(5) conduct and promote coordination and acceleration of
training for individuals relating to the causes, effects,
extent, prevention, and control of air pollution.
(b) In carrying out the provisions of the preceding subsection
the Administrator is authorized to -
(1) collect and make available, through publications and
other appropriate means, the results of and other informa-
tion, including appropriate recommendations by him in
connection therewith, pertaining to such research and other
(2) cooperate with other Federal departments and agencies,
with air pollution control agencies, with other public and
private agencies, institutions, and organizations, and with
any industries involved, in the preparation and conduct of
such research and other activities;
(3) make grants to air pollution control agencies, to
other public or nonprofit private agencies, institutions,
and organizations, and to individuals, for purposes stated
in subsection (a)(1) of this section;
(4) contract with public or private agencies,
institutions, and organizations, and with individuals,
without regard to sections 3648 and 3709 of the Revised
Statutes (31 U.S.C. 529; 41 U.S.C. 5);
(5) establish and maintain research fellowships, in the
Environmental Protection Agency and at public or nonprofit
private educational institutions or research organizations;
(6) collect and disseminate, in cooperation with other
Federal departments and agencies, and with other public or
private agencies, institutions, and organizations having
related responsibilities, basic data on chemical, physical,
and biological effects of varying air quality and other
information pertaining to air pollution and the prevention
and control thereof;
(7) develop effective and practical processes, methods,
and prototype devices for the prevention or control of air
(8) construct facilities, provide equipment, and employ
staff as necessary to carry out this Act.
In carrying out the provisions of subsection (a), the Administra-
tor shall provide training for, and make training grants to, per-
sonnel of air pollution control agencies and other persons with
suitable qualifications and make grants to such agencies, to
other public or nonprofit private agencies, institutions, and
tions for the purposes stated in subsection (a)(5). Reasonable
fees may be charged for such training provided to persons other
than personnel of air pollution control agencies but such
training shall be provided to such personnel of air pollution
control agencies without charge.
(c) Air Pollutant Monitoring, Analysis, Modeling, and Inventory
Research.- In carrying out subsection (a), the Administrator
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
(1) Consideration of individual, as well as complex
mixtures of, air pollutants and their chemical transforma-
tions in the atmosphere.
(2) Establishment of a national network to monitor,
collect, and compile data with quantification of certainty
in the status and trends of air emissions, deposition, air
quality, surface water quality, forest condition, and
visibility impairment, and to ensure the comparability of
air quality data collected in different States and obtained
from different nations.
(3) Development of improved methods and technologies for
sampling, measurement, monitoring, analysis, and modeling to
increase understanding of the sources of ozone percursors,
ozone formation, ozone transport, regional influences on
urban ozone, regional ozone trends, and interactions of
ozone with other pollutants. Emphasis shall be placed on
those techniques which -
(A) improve the ability to inventory emissions of
volatile organic compounds and nitrogen oxides that
contribute to urban air pollution, including anthropogenic
and natural sources;
(B) improve the understanding of the mechanism through
which anthropogenic and biogenic volatile organic
compounds react to form ozone and other oxidants; and
(C) improve the ability to identify and evaluate
region- specific prevention and control options for ozone
(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 Adminis-
trator, in consultation with the Secretary of Health and Human
Services, shall conduct a research program on the short-term and
long-term effects of air pollutants, including wood smoke, on
human health. In conducting such research program the Administra-
(A) shall conduct studies, including epidemiological,
clinical, and laboratory and field studies, as necessary to
identify and evaluate exposure to and effects of air pollut-
ants on human health;
(B) may utilize, on a reimbursable basis, the facilities
of existing Federal scientific laboratories and research
(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 individual air pollutants and
combinations thereof. Such research program shall include the
(A) The creation of an Interagency Task Force to
coordinate 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 Disease Registry, the
National Toxicology Program, the National Institute of
Standards and Technology, the National Science Foundation,
the Surgeon General, 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
(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 subpara-
graph (B), beginning 6 months after the first meeting of the
Interagency Task Force and to be completed within 96 months
thereafter. No fewer than 24 assessments shall be completed
and published annually. The assessments shall be prepared in
accordance with guidelines developed by the Administrator in
consultation with the Interagency Task Force and the Science
Advisory Board of the Environmental Protection Agency. Each
such assessment shall include -
(i) an examination, summary, and evaluation of avail-
able toxicological and epidemiological information for
the pollutant to ascertain the levels of human exposure
which pose a significant threat to human health and the
associated acute, subacute, and chronic adverse health
(ii) a determination of gaps in available
information related to human health effects and
exposure levels; and
(iii) where appropriate, an identification of addi-
tional activities, including toxicological and inhala-
tion testing, needed to identify the types or levels of
exposure which may present significant risk of adverse
health effects in humans.
(e) Ecosystem Research.- In carrying 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
quantifying 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 (includ-
ing 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 Spill Test Facility.- (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
(ii) improve understanding of the effects of turbu-
lence on dispersion patterns; and
(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 transporta-
tion 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.
(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 non regulatory 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 technolo-
gies for preventing or reducing multiple air pollutants,
including sulfur oxides, nitrogen oxides, heavy metals, PM-
10 (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 technolo-
gies 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 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 school-
based grants, as well as through intramural studies and
(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 authorized 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 of 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 shall 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 monitor-
ing 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
(1) The acid precipitation research program 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
Se-cretary 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
(A) Review of the status of research activities
conducted to date under the comprehensive research plan
developed 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 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 effective-
ness 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
(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,
submission of a report to Congress describing the results
of its investigations and analyses. The reporting of
technical information about acid deposition shall be
provided in a format that facilitates communication with
policymakers and the public. The report shall include -
(i) actual and projected emissions and acid deposi-
(ii) average ambient concentrations of acid deposi-
tion percursors and their transformation products;
(iii) the status of ecosystems (including forests and
surface waters), materials, and visibility affected by
(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 acidifica-
tion, particularly with respect to high elevation
(vi) the confidence level associated with each
conclusion to aid policymakers in use of the infor-
(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
(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
Admin-istrator, an air pollution problem of substantial signifi-
cance may result from discharge or discharges into the
atmosphere, the Administrator may call a conference concerning
this potential air pollution problem to be held in or near one or
more of the places where such discharge or discharges are
occurring or will occur. All interested persons shall be given an
opportunity to be heard at such conference, either orally or in
writing, and shall be permitted to appear in person or by
representative in accordance with procedures prescribed by the
Administrator. If the Administrator finds, on the basis of the
evidence presented at such conference, that the dis-charge or
discharges if permitted to take place or continue are likely to
cause or contribute to air pollution subject to abatement under
part A of title I, the Administrator shall send such findings,
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 sub-sections (b), (c), (d), (e),
and (f) of section 108.
[42 U.S.C. 7403]
RESEARCH RELATING TO FUELS AND VEHICLES
Sec. 104. (a) The Administrator shall give special emphasis to
research and development into new and improved methods, having
industry wide application, for the prevention and control of air
pollution resulting from the combustion of fuels. In furtherance
of such research and development he shall -
(1) conduct and accelerate research programs directed toward
development of improved, cost-effective techniques for -
(A) control of combustion byproducts of fuels,
(B) removal of potential air pollutants from fuels prior to
(C) control of emissions from the evaporation of fuels,
(D) improving the efficiency of fuels combustion so as to
decrease atmospheric emissions, and
(E) producing synthetic or new fuels which, when used,
result in decreased atmospheric emissions.
(2) provide for Federal grants to public or nonprofit agencies,
institutions, and organizations and to individuals, and contracts
with public or private agencies, institutions or persons, for
payment of (A) part of the cost of acquiring, constructing, or
otherwise securing for research and development purposes, new or
improved devices or methods having industry wide application of
preventing or controlling discharges into the air of various
types of pollutants; (B) part of the cost of programs to develop
low emission alternatives to the present internal combustion
engine; (C) the cost to purchase vehicles and vehicle engines, or
portions thereof, for research, development, and testing
purposes; and (D) carrying out the other provisions of this
section, without regard to sections 3648 and 3709 of the Revised
Statutes (31 U.S.C. 529; 41 U.S.C. 5): Provided, That research or
demonstration contracts awarded pursuant to this subsection or
demonstration contracts awarded pursuant to this subsection
(including contracts for construction) may be made in accordance
with, and subject to the limitations provided with respect to
research contracts of the military departments in, section 2353
of title 10, United States Code, except that the determination,
approval, and certification required thereby shall be made by the
Administrator: Provided further, That no grant may be made under
this paragraph in excess of $1,500,000;
(3) determine, by laboratory and pilot plant testing, the
results of air pollution research and studies in order to develop
new or improved processes and plant designs to the point where
they can be demonstrated on a large and practical scale;
(4) construct, operate, and maintain, or assist in meeting the
cost of the construction, operation, and maintenance of new or
improved demonstration plants or processes which have promise of
accomplishing the purposes of this Act;
(5) study new or improved methods for the recovery and
marketing of commercially valuable byproducts resulting from the
removal of pollutants.
(b) In carrying out the provisions of this section, the
Administrator may -
(1) conduct and accelerate research and development of cost-
effective instrumentation techniques to facilitate determina-
tion of quantity and quality of air pollutant emissions,
including, but not limited to, automotive emissions;
(2) utilize, on a reimbursable basis, the facilities of
existing Federal scientific laboratories;
(3) establish and operate necessary facilities and test
sites at which to carry on the research, testing, development,
and programing necessary to effectuate the purposes of this
(4) acquire secret processes, technical data, inventions,
patent applications, patents, licenses, and an interest in
lands, plants, and facilities, and other property or rights by
purchase, license, lease, or donation; and
(5) cause on-site inspections to be made of promising
domestic and foreign projects, and cooperate and participate in
their development in instances in which the purposes of the Act
will be served thereby.
(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.
[42 U.S.C. 7404]
GRANTS FOR SUPPORT OF AIR POLLUTION PLANNING AND CONTROL PROGRAMS
Sec. 105. (a)(1)(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 level, the Administrator shall reduce the
amount of the Federal contribution accordingly.
(C) With respect to any air quality control region or portion
thereof for which there is an applicable implementation plan
under section 110, grants under subparagraph (A) may be made only
to air pollution control agencies which have substantial
responsibilities for carrying out such applicable implementation
(2) Before approving any grant under this subsection to any air
pollution control agency within the meaning of sections 302(b)(2)
and 302(b)(4) the Administrator shall receive assurances that
such agency provides for adequate representation of appropriate
State, interstate, local, and (when appropriate) international,
interests in the air quality control region.
(3) Before approving any planning grant under this subsection
to any air pollution control agency within the meaning of
sections 302(b)(2) and 302(b)(4), the Administrator shall receive
assurances that such agency has the capability of developing a
comprehensive air quality plan for the air quality control
region, which plan shall include (when appropriate) a recommended
system of alerts to avert and reduce the risk of situations in
which there may be imminent and serious danger to the public
health or welfare from air pollutants and the various aspects
relevant to the establishment of air quality standards for such
air quality control region, including the concentration of
industries, other commercial establishments, population and
naturally occurring factors which shall affect such standards.
(b)(1) From the sums available for the purposes of subsection
(a) of this section for any fiscal year, the Administrator shall
from time to time make grants to air pollution control agencies
upon such terms and conditions as the Administrator may find
necessary to carry out the purpose of this section. In establish-
ing regulations for the granting of such funds the Administrator
shall, so far as practicable, give due consideration to (A) the
population, (B) the extent of the actual or potential air pollu-
tion problem, and (C) the financial need of the respective
(2) Not more than 10 per centum of the total of funds
appropriated or allocated for the purposes of subsection (a) of
this section shall be granted for air pollution control programs
in any one State. In the case of a grant for a program in an area
crossing State boundaries, the Administrator shall determine the
portion of such grant that is chargeable to the percentage limi-
tation under this subsection for each State into which such area
extends. Subject to the provisions of paragraph (1) of this
subsection, no State shall have made available to it for applica-
tion less than one-half of 1 per centum of the annual appropria-
tion for grants under this section for grants to agencies within
(c) Maintenance of Effort.- (1) No agency shall receive any
grant under this section during any fiscal year when its expendi-
tures of non-Federal funds for recurrent expenditures for air
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 fiscal 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 (l) of this subsection if
the Administrator, after notice and opportunity for public hear-
ing, determines that a reduction in expenditures is attributable
to a non-selective reduction in the expenditures in the programs
of all Executive branch agencies of the applicable unit of
Government. 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.
(d) The Administrator, with the concurrence of any recipient of
a grant under this section may reduce the payments to such recip-
ient by the amount of the pay, allowances, traveling expenses,
and any other costs in connection with the detail of any officer
or employee to the recipient under section 301 of the Act, when
such detail is for the convenience of, and at the request of,
such recipient and for the purpose of carrying out the provisions
of this Act. The amount by which such payments have been reduced
shall be available for payment of such costs by the
Administrator, but shall, for the purpose of determining the
amount of any grant to a recipient under subsection (a) of this
section, be deemed to have been paid to such agency.
(e) No application by a State for a grant under this section
may be disapproved by the Administrator without prior notice and
opportunity for a public hearing in the affected State, and no
commitment or obligation of any funds under any such grant may be
revoked or reduced without prior notice and opportunity for a
public hearing in the affected State (or in one of the affected
States if more than one State is affected).
[42 U.S.C. 7405]
Sec. 106. For the purpose of developing implementation plans
for any interstate air quality control region designated pursuant
to section 107 or of implementing section 176A (relating to
control of interstate air pollution) or section 184 (relating to
control of interstate ozone pollution), the Administrator is
authorized to pay, for two years, up to 100 per centum of the
air quality planning program costs of any commission established
under section 176A (relating to control of interstate air
pollution) or section 184 (relating to control of interstate
ozone pollution) or any agency designated by the Governors of the
affected States, which agency shall be capable of recommending to
the Governors plans for implementation of national primary and
secondary ambient air quality standards and shall include
representation from the States and appropriate political (continued)