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(continued)
which implements a national secondary ambient air-quality
standard for a period not to exceed eighteen months from the date
otherwise required for submission of such plan.
(c)(1) The Administrator shall promulgate a Federal implementa-
tion plan at any time within 2 years after the Administrator -
(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 estab-
lished under section 110(k)(1)(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.
(2) [(A)]
(B) No parking surcharge regulation may be required by the
Administrator under paragraph (1) of this subsection as a part of
an applicable implementation plan. All parking surcharge regula-
tions previously required by the Administrator shall be void upon
the date of enactment of this subparagraph. This subparagraph

36





shall not prevent the Administrator from approving parking
surcharges if they are adopted and submitted by a State as part
of an applicable implementation plan. The Administrator may not
condition approval of any implementation plan submitted by a
State on such plan's including a parking surcharge regulation.
[(C)]
(D) For purposes of this paragraph -
(i) The term "parking surcharge regulation" means a
regulation imposing or requiring the imposition of any tax,
surcharge, fee, or other charge on parking spaces, or any
other area used for the temporary storage of motor vehicles.
(ii) The term "management of parking supply" shall include
any requirement providing that any new facility containing a
given number of parking spaces shall receive a permit or
other prior approval, issuance of which is to be conditioned
on air quality considerations.
(iii) The term "preferential bus/carpool lane" shall
include any requirement for the setting aside of one or more
lanes of a street or highway on a permanent or temporary
basis for the exclusive use of buses or carpools, or both.
(E) No standard, plan, or requirement, relating to management
of parking supply or preferential bus/carpool lanes shall be
promulgated after the date of enactment of this paragraph by the
Administrator pursuant to this section, unless such promulgation
has been subjected to at least one public hearing which has been
held in the area affected and for which reasonable notice has
been given in such area. If substantial changes are made
following public hearings, one or more additional hearings shall
be held in such area after such notice.
(3) Upon application of the chief executive officer of any
general purpose unit of local government, if the Administrator
determines that such unit has adequate authority under State or
local law, the Administrator may delegate to such unit the
authority to implement and enforce within the jurisdiction of
such unit any part of a plan promulgated under this subsection.
Nothing in this paragraph shall prevent the Administrator from
implementing or enforcing any applicable provision of a plan
promulgated under this subsection.
(5) (A) Any measure in an applicable implementation plan which
requires a toll or other charge for the use of a bridge located
entirely within one city shall be eliminated from such plan by
the Administrator upon application by the Governor of the State,
which application shall include a certification by the Governor
that he will revise such plan in accordance with subparagraph
(B).
(B) In the case of any applicable implementation plan with
respect to which a measure has been eliminated under subparagraph
(A), such plan shall, not later than one year after the date of
the enactment of this subparagraph, be revised to include
comprehensive measures to:
(i) establish, expand, or improve public transportation
measures to meet basic transportation needs, as
expeditiously as is practicable; and



37





(ii) implement transportation control measures necessary
to attain and maintain national ambient air quality
standards,
and such revised plan shall, for the purpose of implementing such
comprehensive public transportation measures, include
requirements to use (insofar as is necessary) Federal grants,
State or local funds, or any combination of such grants and funds
as may be con-sistent with the terms of the legislation providing
such grants and funds. Such measures shall, as a substitute for
the tolls or char-ges eliminated under subparagraph (A), provide
for emissions
reductions equivalent to the reductions which may reasonably be
expected to be achieved through the use of the tolls or charges
eliminated.
(C) Any revision of any implementation plan for purposes of
meeting the requirements of subparagraph (B) shall be submitted
in coordination with any plan revision required under part D.
[(e)]
[(f)]1
(f)(1) Upon application by the owner or operator of a fuel
burning stationary source, and after notice and opportunity for
public hearing, the Governor of the State in which such source is
located may petition the President to determine that a national
or regional energy emergency exists of such severity that -
(A) a temporary suspension of any part of the applicable
implementation plan or any requirement under section 411
(concerning excess emissions penalties or offsets) of title IV
of the Act may be necessary, and
(B) other means of responding to the energy emergency may be
inadequate.
Such determination shall not be delegable by the President to any
other person. If the President determines that a national or
regional energy emergency of such severity exists, a temporary
emergency suspension of any part of an applicable implementation
plan or any requirement under section 411 (concerning excess
emissions penalties or offsets) of title IV of the Act adopted by
the State may be issued by the Governor of any State covered by
the President's determination under the condition specified in
paragraph (2) and may take effect immediately.
(2) A temporary emergency suspension under this subsection
shall be issued to a source only if the Governor of such State
finds that -
(A) there exists in the vicinity of such source a temporary
energy emergency involving high levels of unemployment or loss
of necessary energy supplies for residential dwellings; and
(B) such unemployment or loss can be totally or partially
alleviated by such emergency suspension.
Not more than one such suspension may be issued for any source on
the basis of the same set of circumstances or on the basis of the
same emergency.
(3) A temporary emergency suspension issued by a Governor under
this subsection shall remain in effect for a maximum of four
months or such lesser period as may be specified in a disapproval
order of the Administrator, if any. The Administrator may


38


disapprove such suspension if he determines that it does not meet
the requirements of paragraph (2).
(4) This subsection shall not apply in the case of a plan pro-
vision or requirement promulgated by the Administrator under sub-
section (c) of this section, but in any such case the President
may grant a temporary emergency suspension for a four month
period of any such provision or requirement if he makes the
determinations and findings specified in paragraphs (1) and (2).
(5) The Governor may include in any temporary emergency suspen-
sion issued under this subsection a provision delaying for a
period identical to the period of such suspension any compliance
schedule (or increment of progress) to which such source is
subject under section 119, as in effect before the date of the
enactment of this paragraph or section 113(d) of this Act, upon a
finding that such source is unable to comply with such schedule
(or increment) solely because of the conditions on the basis of
which a suspension was issued under this subsection.
(g)(1) In the case of any State which has adopted and submitted
to the Administrator a proposed plan revision which the State
determines -
(A) meets the requirements of this section, and
(B) is necessary (i) to prevent the closing for one year
or more of any source of air pollution, and (ii) to prevent
substantial increases in unemployment which would result
from such closing, and
which the Administrator has not approved or disapproved under
this section within 12 months of submission of the proposed plan
revision, the Governor may issue a temporary emergency suspension
of the part of the applicable implementation plan for such State
which is proposed to be revised with respect to such source. The
determination under subparagraph (B) may not be made with respect
to a source which would close without regard whether or not the
proposed plan revision is approved.
(2) A temporary emergency suspension issued by a Governor under
this subsection shall remain in effect for a maximum of four
months or such lesser period as may be specified in a disapproval
order of the Administrator. The Administrator may disapprove such
suspension if he determines that it does not meet the
requirements of this subsection.
(3) The Governor may include in any temporary emergency suspen-
sion issued under this subsection a provision delaying for a
period identical to the period of such suspension any compliance
schedule (or increment of progress) to which such source is
subject under section 119 as in effect before the date of the
enactment of this paragraph, or under section 113(d) upon a
finding that such source is unable to comply with such schedule
(or increment) solely because of the conditions on the basis of
which a suspension was issued under this subsection.
(h)(1) Not later than 5 years after the date of enactment of
the Clean Air Act Amendments of 1990, and every three years
thereafter, the Administrator shall assemble and publish a
comprehensive document for each State setting forth all
requirements of the applicable implementation plan for such State
and shall publish notice in the Federal Register of the
availability of such documents.
(2) The Administrator may promulgate such regulations as may be
reasonably necessary to carry out the purpose of this subsection.


39





(i) Except for a primary nonferrous smelter order under section
119, a suspension under section 110 (f) or (g) (relating to emer-
gency suspensions), an exemption under section 118 (relating to
certain Federal facilities), an order under section 113(d)
(relating to compliance orders), a plan promulgation under
section 110(c), or a plan revision under section 110(a)(3), no
order, suspension, plan revision, or other action modifying any
requirement of an applicable implementation plan may be taken
with respect to any stationary source by the State or by the
Administrator.
(j) As a condition for issuance of any permit required under
this title, the owner or operator of each new or modified
stationary source which is required to obtain such a permit must
show to the satisfaction of the permitting authority that the
technological system of continuous emission reduction which is to
be used will enable such source to comply with the standards of
performance which are to apply to such source and that the
construction or modification and operation of such source will be
in compliance with all other requirements of this Act.
(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) Deadline 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

40





established pursuant to paragraph (1), if applicable (or, if
those criteria are not
applicable, within 12 months of submission of the plan or revi-
sion), the Administrator shall act on the submission in accor-
dance with paragraph (3).
(3) Full and partial approval and disapproval.- In the case
of any submittal on which the Administrator is required to act
under paragraph (2), the Administrator shall approve such
submittal as a whole if it meets all of the applicable require-
ments of this Act. If a portion of the plan revision meets all
the applicable requirements of this Act, the Administrator may
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 approve 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 Adminis-
trator 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 promul-
gating 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.
(l) 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


41





Administrator shall not approve a revision of a plan if the
revision would
interfere with any applicable requirement concerning attainment
and reasonable 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 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
applicable implementation plan that was approved or promul-
gated by the Administrator pursuant to this section as in
effect before the date of the enactment of the Clean Air Act
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 nonat-
tainment, 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 inadequa-
cy, whichever is later.
(3) Retention of construction moratorium in certain ar-
eas.- 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

42





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.
(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(d)(2). 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.
(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, and any other
information the Administrator may deem necessary to assess the
development effectiveness, need for revision, or implementation
of any plan or plan revision required under this Act.

[42 U.S.C. 7410]

STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

Sec. 111. (a) For purposes of this section:
(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.
For the purpose of subparagraphs (A) (i) and (ii) and (B), a
standard of performance shall reflect the degree of emission
limitation and the percentage reduction achievable through
application of the best technological system of continuous
emission reduction which (taking into consideration the cost

43





of achieving such emission reduction, any nonair quality
health and environmental impact and energy requirements) the
Administrator determines has been adequately demonstrated.
For the purpose of subparagraph (1)(A)(ii), any cleaning of
the fuel or reduction in the pollution characteristics of
the fuel after extraction and prior to combustion may be
credited, as determined under regulations promulgated by the
Administrator, to a source which burns such fuel.
(2) The term "new source" means any stationary source, the
construction or modification of which is commenced after the
publication of regulations (or, if earlier, proposed regula-
tions) prescribing a standard of performance under this
section which will be applicable to such source.
(3) The term "stationary source" means any building,
structure, facility, or installation which emits or may emit
any air pollutant. Nothing in title II of this Act relating
to nonroad engines shall be construed to apply to stationary
internal combustion engines.
(4) The term "modification" means any physical change in,
or change in the method of operation of, a stationary source
which increases the amount of any air pollutant emitted by
such source or which results in the emission of any air
pollutant not previously emitted.
(5) The term "owner or operator" means any person who
owns, leases, operates, controls, or supervises a stationary
source.
(6) The term "existing source" means any stationary source
other than a new source.
(7) The term "technological system of continuous emission
reduction" means -
(A) a technological process for production or operation
by any source which is inherently low-polluting or nonpol-
luting, or
(B) a technological system for continuous reduction of
the pollution generated by a source before such pollution
is emitted into the ambient air, including precombustion
cleaning or treatment of fuels.
(8) A conversion to coal (A) by reason of an order under
section 2(a) of the Energy Supply and Environmental
Coordination Act of 1974 or any amendment thereto, or any
subsequent enactment which supersedes such Act, or (B) which
qualifies under section 113(d)(5)(A)(ii) of this Act, shall
not be deemed to be a modification for purposes of
paragraphs (2) and (4) of this subsection.
(b)(1)(A) The Administrator shall, within 90 days after the
date of enactment of the Clean Air Amendments of 1970, publish
(and from time to time thereafter shall revise) a list of
categories of stationary sources. He shall include a category of
sources in such list if in his judgment it causes, or contributes
significantly to, air pollution which may reasonably be
anticipated to endanger public health or welfare.
(B) Within one year after the inclusion of a category of sta-
tionary sources in a list under subparagraph (A), the Adminis-
trator shall publish proposed regulations, establishing Federal
standards of performance for new sources within such category.

44


The Administrator shall afford interested persons an opportunity
for written comment on such proposed regulations. After
considering such comments, he shall promulgate, within one year
after such publication, such standards with such modifications as
he deems appropriate. The Administrator shall, at least every 8
years, review and, if appropriate, revise such standards
following the procedure required by this subsection for
promulgation of such standards. 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. Standards of performance or revisions
thereof shall become effective upon promulgation. 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) The Administrator may distinguish among classes, types, and
sizes within categories of new sources for the purpose of estab-
lishing such standards.
(3) The Administrator shall, from time to time, issue informa-
tion on pollution control techniques for categories of new
sources and air pollutants subject to the provisions of this
section.
(4) The provisions of this section shall apply to any new
source owned or operated by the United States.
(5) Except as otherwise authorized under subsection (h),
nothing in this section shall be construed to require, or to
authorize the Administrator to require, any new or modified
source to install and operate any particular technological system
of continuous emission reduction to comply with any new source
standard of performance.
(6) The revised standards of performance required by enactment
of subsection (a)(1)(A) (i) and (ii) shall be promulgated not
later than one year after enactment of this paragraph. Any new or
modified fossil fuel fired stationary source which commences
construction prior to the date of publication of the proposed
revised standards shall not be required to comply with such
revised standards.
(c)(1) Each State may develop and submit to the Administrator a
procedure for implementing and enforcing standards of performance
for new sources located in such State. If the Administrator finds
the State procedure is adequate, he shall delegate to such State
any authority he has under this Act to implement and enforce such
standards.
(2) Nothing in this subsection shall prohibit the Administrator
from enforcing any applicable standard of performance under this
section.
(d)(1) The Administrator shall prescribe regulations which
shall establish a procedure similar to that provided by section
110 under which each State shall submit to the Administrator a
plan which (A) establishes standards of performance for any
existing
source for any air pollutant (i) for which air quality criteria
have not been issued or which is not included on a list published
under section 108(a) [or emitted from a source category which is

45





regulated under section 112] [or 112(b)] but (ii) to which a
standard of performance under this section would apply if such
existing source were a new source, and (B) provides for the
implementation and enforcement of such standards of performance.
Regulations of the Administrator under this paragraph shall
permit the State in applying a standard of performance to any
particular source under a plan submitted under this paragraph to
take into consideration, among other factors, the remaining
useful life of the existing source to which such standard
applies.
(2) The Administrator shall have the same authority -
(A) to prescribe a plan for a State in cases where the
State fails to submit a satisfactory plan as he would have
under section 110(c) in the case of failure to submit an
implementation plan, and
(B) to enforce the provisions of such plan in cases where
the State fails to enforce them as he would have under
sections 113 and 114 with respect to an implementation plan.
In promulgating a standard of performance under a plan
prescribed under this paragraph, the Administrator shall
take into consideration, among other factors, remaining
useful lives of the sources in the category of sources to
which such standard applies.
(e) After the effective date of standards of performance
promulgated under this section, it shall be unlawful for any
owner or operator of any new source to operate such source in
violation of any standard of performance applicable to such
source.
(f)(1) For those categories of major stationary sources that
the Administrator listed under subsection (b)(1)(A) 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 perfor-
mance 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 perfor-
mance 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.
(2) In determining priorities for promulgating standards for
categories of major stationary sources for the purpose of
paragraph (1), the Administrator shall consider -
(A) the quantity of air pollutant emissions which each
such category will emit, or will be designed to emit;
(B) the extent to which each such pollutant may reasonably
be anticipated to endanger public health or welfare; and
(C) the mobility and competitive nature of each such
category of sources and the consequent need for nationally
applicable new source standards of performance.


46





(3) Before promulgating any regulations under this subsection
or listing any category of major stationary sources as required
under this subsection, the Administrator shall consult with
appropriate representatives of the Governors and of State air
pollution control agencies.
(g)(1) Upon application by the Governor of a State showing that
the Administrator has failed to specify in regulations under
subsection (f)(1) any category of major stationary sources
required to be specified under such regulations, the
Administrator shall revise such regulations, to specify any such
category.
(2) Upon application of the Governor of a State, showing that
any category of stationary sources which is not included in the
list under subsection (b)(1)(A) contributes significantly to air
pollution which may reasonably be anticipated to endanger public
health or welfare (notwithstanding that such category is not a
category of major stationary sources), the Administrator shall
revise such regulations to specify such category of stationary
sources.
(3) Upon application of the Governor of a State showing that
the Administrator has failed to apply properly the criteria
required to be considered under subsection (f)(2), the
Administrator shall revise the list under subsection (b)(1)(A) to
apply properly such criteria.
(4) Upon application of the Governor of a State showing that -
(A) a new, innovative, or improved technology or process
which achieves greater continuous emission reduction has
been adequately demonstrated for any category of stationary
sources, and
(B) as a result of such technology or process, the new
source standard of performance in effect under this section
for such category no longer reflects the greatest degree of
emission limitation achievable through application of the
best technological system of continuous emission reduction
which (taking into consideration the cost of achieving such
emission reduction, and any non-air quality health and
environmental impact and energy requirements) has been
adequately demonstrated,
the Administrator shall revise such standard of performance for
such category accordingly.
(5) Unless later deadlines for action of the Administrator are
otherwise prescribed under this section, the Administrator shall,
not later than three months following the date of receipt of any
application by a Governor of a State, either -
(A) find that such application does not contain the requi-
site showing and deny such application, or
(B) grant such application and take the action required
under this subsection.
(6) Before taking any action required by subsection (f) or by
this subsection, the Administrator shall provide notice and
opportunity for public hearing.
(h)(1) For purposes of this section, if in the judgment of the
Administrator, it is not feasible to prescribe or enforce a
standard of performance, he may instead promulgate a design,
equipment, work practice, or operational standard, or combination

47





thereof, which reflects the best technological system of continu-
ous emission reduction which (taking into consideration the cost
of achieving such emission reduction, and any non-air quality
health and environmental impact and energy requirements) the
Administrator determines has been adequately demonstrated. In the
event the Administrator promulgates a design or equipment
standard under this subsection, he 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) For the purpose of this subsection, the phrase "not
feasible to prescribe or enforce a standard of performance" means
any situation in which the Administrator determines that (A) a
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 or economic
limitations.
(3) If after notice and opportunity for public hearing, any
person 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 air 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) Any standard promulgated under paragraph (1) shall be
promulgated in terms of standard of performance whenever it
becomes feasible to promulgate and enforce such standard in such
terms.
(5) Any design, equipment, work practice, or operational
standard, or any combination thereof, described in this
subsection shall be treated as a standard of performance for
purposes of the provisions of this Act (other than the provisions
of subsection (a) and this subsection).
(i) Any regulations promulgated by the Administrator under this
section applicable to grain elevators shall not apply to country
elevators (as defined by the Administrator) which have a storage
capacity of less than two million five hundred thousand bushels.
(j)(1)(A) Any person proposing to own or operate a new source
may request the Administrator for one or more waivers from the
requirements of this section for such source or any portion
thereof with respect to any air pollutant to encourage the use of
an innovative technological system or systems of continuous
emission reduction. The Administrator may, with the consent of
the Governor of the State in which the source is to be located,
grant a waiver under this paragraph, if the Administrator
determines after notice and opportunity for public hearing, that
-
(i) the proposed system or systems have not been
adequately demonstrated,
(ii) the proposed system or systems will operate
effectively and there is a substantial likelihood that such
system or systems will achieve greater continuous emission

48





reduction than that required to be achieved under the
standards of performance which would otherwise apply, or
achieve at least an equivalent reduction at lower cost in
terms of energy, economic, or nonair quality environmental
impact.
(iii) the owner or operator of the proposed source has
demonstrated to the satisfaction of the Administrator that
the proposed system will not cause or contribute to an
unreasonable risk to public health, welfare, or safety in
its operation, function, or malfunction, and
(iv) the granting of such waiver is consistent with the
requirements of subparagraph (C).
In making any determination under clause (ii), the Administrator
shall take into account any previous failure of such system or
systems to operate effectively or to meet any requirement of the
new source performance standards. In determining whether an
unreasonable risk exists under clause (iii), the Administrator
shall consider, among other factors, whether and to what extent
the use of the proposed technological system will cause,
increase, reduce, or eliminate emissions of any unregulated
pollutants; available methods for reducing or eliminating any
risk to public health, welfare, or safety which may be associated
with the use of such system; and the availability of other
technological systems which may be used to conform to standards
under this section without causing or contributing to such
unreasonable risk. The Administrator may conduct such tests and
may require the owner or operator of the proposed source to
conduct such tests and provide such information as is necessary
to carry out clause (iii) of this subparagraph. Such requirements
shall include a requirement for prompt reporting of the emission
of any unregulated pollutant from a system if such pollutant was
not emitted, or was emitted in significantly lesser amounts
without use of such system.
(B) A waiver under this paragraph shall be granted on such
terms and conditions as the Administrator determines to be
necessary to assure -
(i) emissions from the source will not prevent attainment
and maintenance of any national ambient air quality stan-
dards, and
(ii) proper functioning of the technological system or
systems authorized.
Any such term or condition shall be treated as a standard of
performance for the purposes of subsection (e) of this section
and section 113.
(C) The number of waivers granted under this paragraph with
respect to a proposed technological system of continuous emission
reduction shall not exceed such number as the Administrator finds
necessary to ascertain whether or not such system will achieve
the conditions specified in clauses (ii) and (iii) of
subparagraph (A).
(D) A waiver under this paragraph shall extend to the sooner of
-
(i) the date determined by the Administrator, after
consultation with the owner or operator of the source, taking


49





into consideration the design, installation, and capital cost
of the technological system or systems being used, or
(ii) the date on which the Administrator determines that
such system has failed to -
(I) achieve at least an equivalent continuous emission
reduction to that required to be achieved under the stan-
dards of performance which would otherwise apply, or
(II) comply with the condition specified in paragraph
(1)(A)(iii),
and that such failure cannot be corrected.
(E) In carrying out subparagraph (D)(i), the Administrator
shall not permit any waiver for a source or portion thereof to
extend beyond the date -
(i) seven years after the date on which any waiver is
granted to such source or portion thereof, or
(ii) four years after the date on which such source or
portion thereof commences operation,
whichever is earlier.
(F) No waiver under this subsection shall apply to any portion
of a source other than the portion on which the innovative tech-
nological system or systems of continuous emission reduction is
used.
(2)(A) If a waiver under paragraph (1) is terminated under
clause (ii) of paragraph (1)(D), the Administrator shall grant an
extension of the requirements of this section for such source for
such minimum period as may be necessary to comply with the appli-
cable standard of performance under this section. Such period
shall not extend beyond the date three years from the time such
waiver is terminated.
(B) An extension granted under this paragraph shall set forth
emission limits and a compliance schedule containing increments
of progress which require compliance with the applicable
standards of performance as expeditiously as practicable and
include such measures as are necessary and practicable in the
interim to minimize emissions. Such schedule shall be treated as
a standard of performance for purposes of subsection (e) of this
section and section 113.
[42 U.S.C. 7411]

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


50





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 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 subsec-
tion (b).
(7) Adverse environmental effect. - The term "adverse
environmental effect" means any significant and widespread
adverse effect, which may reasonably be anticipated, to
wildlife, aquatic life, or other natural resources, including
adverse impacts on populations of endangered or threatened
species or significant degradation of environmental quality
over broad areas.
(8) Electric utility steam generating unit. - The term
"electric utility steam generating unit" means any fossil fuel
fired combustion unit of more than 25 megawatts that serves a
generator that produces electricity for sale. A unit that
cogenerates steam and electricity and supplies more than
one-third of its potential electric output capacity and more
than 25 megawatts electrical output to any utility power
distribution system for sale shall be considered an electric
utility steam generating unit.
(9) Owner or operator. - The term "owner or operator" means
any person who owns, leases, operates, controls, or supervises
a stationary source.
(10) Existing source. - The term "existing source" meansany stationary source other than a new source. (continued)