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(continued)
(2) the State does not have in effect, or is not carrying
out, a State implementation plan approved by the Administra-
tor which expressly quantifies and provides for the increase
in emissions of each air pollutant (from stationary and
mobile sources in any area to which either part C or part D
of title I applies for such pollutant) which increase may
reasonably be anticipated to result directly or indirectly
from the new sewage treatment capacity which would be
created by such construction.
(3) the construction of such treatment works would create
new sewage treatment capacity which-
(A) may reasonably be anticipated to cause or
contribute to, directly or indirectly, an increase in
emissions of any air pollutant in excess of the
increase provided for under the provisions referred to
in paragraph (2) for any such area, or
(B) would otherwise not be in conformity with the
applicable implementation plan, or
(4) such increase in emissions would interfere with, or be
inconsistent with, the applicable implementation plan for
any other State.
In the case of construction of a treatment works which would
result, directly or indirectly, in an increase in emissions of
any air pollutant from stationary and mobile sources in an area
to which part D of title I applies, the quantification of
emissions referred to in paragraph (2) shall include the
emissions of any such pollutant resulting directly or indirectly
from areawide and nonmajor stationary source growth (mobile and
stationary) for each such area.
(c) Nothing in this section shall be construed to amend or
alter any provision of the National Environmental Policy Act or
to
affect any determination as to whether or not the requirements of
such Act have been met in the case of the construction of any
sewage treatment works.
[42 U.S.C. 7616]

SHORT TITLE

Sec. 317. This Act may be cited as the "Clean Air Act".
[42 U.S.C. 7401 nt]
ECONOMIC IMPACT ASSESSMENT

Sec. 317. (a) This section applies to action of the Adminis-
trator in promulgating or revising-
(1) any new source standard of performance under section
111,
(2) any regulation under section 111(d),
(3) any regulation under part B of title I (relating to
ozone and stratosphere protection),

311


(4) any regulation under part C of title I (relating to
prevention of significant deterioration of air quality),
(5) any regulation establishing emission standards under
section 202 and any other regulation promulgated under that
section,
(6) any regulation controlling or prohibiting any fuel or
fuel additive under section 211(c), and
(7) any aircraft emission standard under section 231.
Nothing in this section shall apply to any standard or regulation
described in paragraphs (1) through (7) of this subsection unless
the notice of proposed rulemaking in connection with such
standard or regulation is published in the Federal Register after
the date ninety days after the date of enactment of this section.
In the case of revisions of such standards or regulations, this
section shall apply only to revisions which the Administrator
determines to be substantial revisions.
(b) Before publication of notice of proposed rulemaking with
respect to any standard or regulation to which this section
applies, the Administrator shall prepare an economic impact
assessment respecting such standard or regulation. Such
assessment shall be included in the docket required under section
307(d)(2) and shall be available to the public as provided in
section 307(d)(4). Notice of proposed rulemaking shall include
notice of such availability together with an explanation of the
extent and manner in which the Administrator has considered the
analysis contained in such economic impact assessment in
proposing the action. The Administrator shall also provide such
an explanation in his notice of promulgation of any regulation or
standard referred to in subsection (a). Each such explanation
shall be part of the statements of basis and purpose required
under sections 307(d)(3) and 307(d)(6).
(c) Subject to subsection (d), the assessment required under
this section with respect to any standard or regulation shall
contain an analysis of-
(1) the costs of compliance with any such standard or
regulation, including extent to which the costs of
compliance will vary depending on (A) the effective date of
the standard or regulation, and (B) the development of less
expensive, more efficient means or methods of compliance
with the standard or regulation;
(2) the potential inflationary or recessionary effects of
the standard or regulation;
(3) the effects on competition of the standard or regula-
tion with respect to small business;
(4) the effects of the standard or regulation on consumer
costs; and
(5) the effects of the standard or regulation on energy
use. Nothing in this section shall be construed to provide that
the analysis of the factors specified in this subsection affects
or alters the factors which the Administrator is required to
consider in taking any action referred to in subsection (a).
(d) The assessment required under this section shall be as
extensive as practicable, in the judgment of the Administrator
taking into account the time and resources available to the
Environmental Protection Agency and other duties and authorities
which the Administrator is required to carry out under this Act.
(e) Nothing in this section shall be construed-


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(1) to alter the basis on which a standard or regulation
is promulgated under this Act;
(2) to preclude the Administrator from carrying out his
responsibility under this Act to protect public health and
welfare; or
(3) to authorize or require any judicial review of any
such standard or regulation, or any stay or injunction of
the proposal, promulgation, or effectiveness of such
standard or regulation on the basis of failure to comply
with this section.
(f) The requirements imposed on the Administrator under this
section shall be treated as nondiscretionary duties for purposes
of section 304(a)(2), relating to citizen suits. The sole method
for enforcement of the Administrator's duty under this section
shall be by bringing a citizen suit under such section 304(a)(2)
for a court order to compel the Administrator to perform such
duty. Violation of any such order shall subject the Administrator
to penalties for contempt of court.
(g) In the case of any provision of this Act in which costs are
expressly required to be taken into account, the adequacy or
inadequacy of any assessment required under this section may be
taken into consideration, but shall not be treated for purposes
of judicial review of any such provision as conclusive with
respect to compliance or noncompliance with the requirement of
such provision to take cost into account.
[42 U.S.C. 7617]
Section 318 repealed by P.L. 10109549, section 108(q), 104
Stat. 2469.]
AIR QUALITY MONITORING

Sec. 319. Not later than one year after the date of enactment
of the Clean Air Act Amendments of 1977 and after notice and
opportunity for public hearing, the Administrator shall
promulgate regulations establishing an air quality monitoring
system throughout the United States which-
(1) utilizes uniform air quality monitoring criteria and
methodology and measures such air quality according to a
uniform air quality index,
(2) provides for air quality monitoring stations in major
urban areas and other appropriate areas throughout the
United States to provide monitoring such as will supplement
(but not duplicate) air quality monitoring carried out by
the States required under any applicable implementation
plan,
(3) provides for daily analysis and reporting of air
quality based upon such uniform air quality index, and
(4) provides for recordkeeping with respect to such
monitoring data and for periodic analysis and reporting to
the general public by the Administrator with respect to air
quality based upon such data.
The operation of such air quality monitoring system may be
carried out by the Administrator or by such other departments,
agencies, or entities of the Federal Government (including the
National Weather Service) as the President may deem appropriate.
Any air quality monitoring system required under any applicable

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implementation plan under section 110 shall, as soon as
practicable following promulgation of regulations under this
section, utilize the standard criteria and methodology, and
measure air quality according to the standard index, established
under such regulations.

[42 U.S.C. 7619]

STANDARDIZED AIR QUALITY MODELING

Sec. 320. (a) Not later than six months after the date of the
enactment of the Clean Air Act Amendments of 1977, and at least
every three years thereafter, the Administrator shall conduct a
conference on air quality modeling. In conducting such
conference, special attention shall be given to appropriate
modeling necessary for carrying out part C of title I (relating
to prevention of significant deterioration of air quality).
(b) The conference conducted under this section shall provide
for participation by the National Academy of Sciences,
representatives of State and local air pollution control
agencies, and appropriate Federal agencies, including the
National Science Foundation; the National Oceanic and Atmospheric
Administration, and the National Bureau of Standards.
(c) Interested persons shall be permitted to submit written
comments and a verbatim transcript of the conference proceedings
shall be maintained.
(d) The comments submitted and the transcript maintained
pursuant to subsection (c) shall be included in the docket
required to be established for purposes of promulgating or
revising any regulation relating to air quality modeling under
part C of title I.
[42 U.S.C. 7620]
EMPLOYMENT EFFECTS
Sec. 321. (a) The Administrator shall conduct continuing
evaluations of potential loss or shifts of employment which may
result from the administration or enforcement of the provision of
this Act and applicable implementation plans, including where
appropriate, investigating threatened plant closures or
reductions in employment allegedly resulting from such
administration or enforcement.
(b) Any employee, or any representative of such employee, who
is discharged or laid off, threatened with discharge or layoff,
or whose employment is otherwise adversely affected or threatened
to be adversely affected because of the alleged results of any
requirement imposed or proposed to be imposed under this Act,
including any requirement applicable to Federal facilities and
any requirement imposed by a State or political subdivision
thereof, may request the Administrator to conduct a full investi-
gation of the matter. Any such request shall be reduced to
writing, shall set forth with reasonable particularity the
grounds for the request, and shall be signed by the employee, or
representative of such employee, making the request. The
Administrator shall thereupon investigate the matter and, at the
request of any party, shall hold public hearings on not less than
five days' notice. At such hearings, the Administrator shall

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require the parties, including the employer involved, to present
information relating to the actual or potential effect of such
requirements on employment and the detailed reasons or
justification therefor. If the Administrator determines that
there are no reasonable grounds for conducting a public hearing
he shall notify (in writing) the party requesting such hearing of
such a determination and the reasons therefor. If the
Administrator does convene such a hearing, the hearing shall be
on the record. Upon receiving the report of such investigation,
the Administrator shall make findings of fact as to the effect of
such requirements on employment and on the alleged actual or
potential discharge, layoff, or other adverse effect on
employment, and shall make such recommendations as he deems
appropriate. Such report, findings, and recommendations shall be
available to the public.
(c) In connection with any investigation or public hearing
conducted under subsection (b) of this section or as authorized
in section 119 (relating to primary nonferrous smelter orders),
the Administrator may issue subpenas for the attendance and
testimony of witnesses and the production of relevant papers,
books and documents, and he may administer oaths. Except for
emission data, upon a showing satisfactory to the Administrator
by such owner or operator that such papers, books, documents, or
information or particular part thereof, if made public, would
divulge trade secrets or secret processes of such owner, or
operator, the Administrator shall consider such 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, except that such paper, book, document, or
information may be
disclosed to other officers, employees, or authorized representa-
tives of the United States concerned with carrying out this Act,
or when relevant in any proceeding under this Act. Witnesses
summoned shall be paid the same fees and mileage that are paid
witnesses in the courts of the United States. In cases of
contumacy or refusal to obey a subpena served upon any person
under this subparagraph, the district court of the United States
for any district in which such person is found or resides or
transacts business, upon application by the United States and
after notice to such person, shall have jurisdiction to issue an
order requiring such person to appear and give testimony before
the Administrator, to appear and produce papers, books, and
documents before the Administrator, or both, and any failure to
obey such order of the court may be punished by such court as a
contempt thereof.
(d) Nothing in this section shall be construed to require or
authorize the Administrator, the States, or political
subdivisions thereof, to modify or withdraw any requirement
imposed or proposed to be imposed under this Act.
[42 U.S.C. 7621]
EMPLOYEE PROTECTION
Sec. 322. (a) No employer may discharge any employee or
otherwise discriminate against any employee with respect to his
compensation, terms, conditions, or privileges of employment


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because the employee (or any person acting pursuant to a request
of the employee)-
(1) commenced, caused to be commenced, or is about to
commence or cause to be commenced a proceeding under this
Act or a proceeding for the administration or enforcement of
any requirement imposed under this Act or under any
applicable implementation plan,
(2) testified or is about to testify in any such proceed-
ing, or
(3) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in any
other action to carry out the purposes of this Act.
(b)(1) Any employee who believes that he has been discharged or
otherwise discriminated against by any person in violation of
subsection (a) may, within thirty days after such violation
occurs, file (or have any person file on his behalf) a complaint
with the Secretary of Labor (hereinafter in this subsection
referred to as the "Secretary") alleging such discharge or
discrimination. Upon receipt of such a complaint, the Secretary
shall notify the person named in the complaint of the filing of
the complaint.
(2)(A) Upon receipt of a complaint filed under paragraph (1),
the Secretary shall conduct an investigation of the violation
alleged in the complaint. Within thirty days of the receipt of
such complaint, the Secretary shall complete such investigation
and shall notify in writing the complainant (and any person
acting in his behalf) and the person alleged to have committed
such violation of the results of the investigation conducted
pursuant to this subparagraph. Within ninety days of the receipt
of such complaint the Secretary shall, unless the proceeding on
the complaint is terminated by the Secretary on the basis of a
settlement entered into by the Secretary and the person alleged
to have committed such violation, issue an order either providing
the relief prescribed by subparagraph (B) or denying the
complaint. An order of the Secretary shall be made on the record
after notice and opportunity for public hearing. The Secretary
may not enter into a settlement terminating a proceeding on a
complaint without the participation and consent of the
complainant.
(B) If, in response to a complaint filed under paragraph (1),
the Secretary determines that a violation of subsection (a) has
occurred, the Secretary shall order the person who committed such
violation to (i) take affirmative action to abate the violation,
and (ii) reinstate the complainant to his former position
together with the compensation (including back pay), terms,
conditions, and privileges of his employment, and the Secretary
may order such person to provide compensatory damages to the
complainant. If an order is issued under this paragraph, the
Secretary, at the request of the complainant, shall assess
against the person against whom the order is issued a sum equal
to the aggregate amount of all costs and expenses (including
attorneys' and expert witness fees) reasonably incurred, as
determined by the Secretary, by the complainant for, or in
connection with, the bringing of the complaint upon which the
order was issued.

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(c)(1) Any person adversely affected or aggrieved by an order
issued under subsection (b) may obtain review of the order in the
United States court of appeals for the circuit in which the
violation, with respect to which the order was issued, allegedly
occurred. The petition for review must be filed within sixty days
from the issuance of the Secretary's order. Review shall conform
to chapter 7 of title 5 of the United States Code. The commence-
ment of proceedings under this subparagraph shall not, unless
ordered by the court, operate as a stay of the Secretary's order.
(2) An order of the Secretary with respect to which review
could have been obtained under paragraph (1) shall not be subject
to judicial review in any criminal or other civil proceeding.
(d) Whenever a person has failed to comply with an order issued
under subsection (b)(2), the Secretary may file a civil action in
the United States district court for the district in which the
violation was found to occur to enforce such order. In actions
brought under this subsection, the district courts shall have
jurisdiction to grant all appropriate relief including, but not
limited to, injunctive relief, compensatory, and exemplary
damages.
(e)(1) Any person on whose behalf an order was issued under
paragraph (2) of subsection (b) may commence a civil action
against the person to whom such order was issued to require
compliance with such order. The appropriate United States
district court shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to
enforce such order.
(2) The court, in issuing any final order under this subsection,
may award costs of litigation (including reasonable attorney and
expert witness fees) to any party whenever the court determines
such award is appropriate.
(f) Any nondiscretionary duty imposed by this section shall be
enforceable in a mandamus proceeding brought under section 1361
of title 28 of the United States Code.
(g) Subsection (a) shall not apply with respect to any employee
who, acting without direction from his employer (or the
employer's agent), deliberately causes a violation of any
requirement of this Act.
[42 U.S.C. 7622]

COST OF EMISSION CONTROL FOR CERTAIN VAPOR RECOVERY TO BE BORNE
BY OWNER OF RETAIL OUTLET

Sec. 323. (a) The regulations under this Act applicable to
vapor recovery with respect to mobile source fuels at retail
outlets of such fuels shall provide that the cost of procurement
and installation of such vapor recovery shall be borne by the
owner of such outlet (as determined under such regulations).
Except as provided in subsection (b), such regulations shall
provide that no lease of a retail outlet by the owner thereof
which is entered into or renewed after the date of enactment of
the Clean Air Act Amendments of 1977 may provide for a payment by
the lessee of the cost of procurement and installation of vapor
recovery equipment. Such regulations shall also provide that the
cost of procurement and installation of vapor recovery equipment

317





may be recovered by the owner of such outlet by means of price
increases in the cost of any product sold by such owner, notwith-
standing any provision of law.
(b) The regulations of the Administrator referred to in
subsection (a) shall permit a lease of a retail outlet to provide
for payment by the lessee of the cost of procurement and
installation of vapor recovery requirement over a reasonable
period (as determined in accordance with such regulations), if
the owner of such outlet does not sell, trade in, or otherwise
dispense any product at wholesale or retail at such outlet.
[42 U.S.C. 7624]

VAPOR RECOVERY FOR SMALL BUSINESS MARKETERS OF PETROLEUM PRODUCTS

Sec. 324. (a) The regulations under this Act applicable to
vapor recovery from fueling of motor vehicles at retail outlets
of gasoline shall not apply to any outlet owned by an independent
small business marketer of gasoline having monthly sales of less
than 50,000 gallons. In the case of any other outlet owned by an
independent small business marketer, such regulations shall
provide, with respect to independent small business marketers of
gasoline, for a three-year phase-in period for the installation
of such vapor recovery equipment at such outlets under which such
marketers shall have-
(1) 33 percent of such outlets in compliance at the end of
the first year during which such regulations apply to such
marketers,
(2) 66 percent at the end of such second year, and
(3) 100 percent at the end of the third year.
(b) Nothing in subsection (a) shall be construed to prohibit
any State from adopting or enforcing, with respect to independent
small business marketers of gasoline having monthly sales of less
than 50,000 gallons, any vapor recovery requirements for mobile
source fuels at retail outlets. Any vapor recovery requirement
which is adopted by a State and submitted to the Administrator as
part of its implementation plan may be approved and enforced by
the Administrator as part of the applicable implementation plan
for that State.
(c) For purposes of this section, an independent small business
marketer of gasoline is a person engaged in the marketing of
gasoline who would be required to pay for procurement and
installation of vapor recovery equipment under section 324 of
this Act or under regulations of the Administrator, unless such
person-
(1)(A) is a refiner, or
(B) controls, is controlled by, or is under common control
with, a refiner.
(C) is otherwise directly or indirectly affiliated (as
determined under the regulations of the Administrator) with
a refiner or with a person who controls, is controlled by,
or is under a common control with a refiner (unless the sole
affiliation referred to herein is by means of a supply
contract or an agreement or contract to use a trademark,
trade name, service mark, or other identifying symbol or
name owned by such refiner or any such person), or

318


(2) receives less than 50 percent of his annual income
from refining or marketing of gasoline.
For the purpose of this section, the term "refiner" shall not
include any refiner whose total refinery capacity (including the
refinery capacity of any person who controls, is controlled by,
or is under common control with, such refiner) does not exceed
65,000 barrels per day. For purposes of this section, "control"
of a corporation means ownership of more than 50 percent of its
stock.
[42 U.S.C. 7625]
EXEMPTIONS FOR CERTAIN TERRITORIES
Sec. 325. (a)(1) Upon petition by the governor of Guam,
American Samoa, [the Virgin Islands,] or the Commonwealth of the
Northern Mariana Islands, the Administrator is authorized to
exempt any person or source or class of persons or sources in
such territory from any requirement under this Act other than
section 112 or any requirement under section 110 or part D
necessary to attain or maintain a national primary ambient air
quality standard. Such exemption may be granted if the
Administrator finds that compliance with such requirement is not
feasible or is unreasonable due to unique geographical,
meteorological, or economic factors of such territory, or such
other local factors as the Administrator deems significant. Any
such petition shall be considered in
accordance with section 307(d) and any exemption under this
subsection shall be considered final action by the Administrator
for the purposes of section 307(b).
(2) The Administrator shall promptly notify the Committees on
Energy and Commerce and on Interior and Insular Affairs of the
House of Representatives and the Committees on Environment and
Public Works and on Energy and Natural Resources of the Senate
upon receipt of any petition under this subsection and of the
approval or rejection of such petition and the basis for such
action.
(b) Notwithstanding any other provision of this Act, any fossil
fuel fired steam electric power plant operating within Guam as of
the date of enactment of this section is hereby exempted from:
(1) any requirement of the new source performance
standards relating to sulfur dioxide promulgated under
section 111 as of such date of enactment; and
(2) any regulation relating to sulfur dioxide standards or
limitations contained in a State implementation plan
approved under section 110 as of such date of enactment:
Provided, That such exemption shall expire eighteen months
after such date of enactment unless the Administrator
determines that such plant is making all emissions
reductions practicable to prevent exceedances of the
national ambient air quality standards for sulfur dioxide.
[42 U.S.C. 7625091]

CONSTRUCTION OF CERTAIN CLAUSES

Sec. 326. The parenthetical cross references in any provision
of this Act to other provisions of the Act, or other provisions
of law, where the words "relating to" or "pertaining to" are
used, are made only for convenience, and shall be given no legal
effect.
[42 U.S.C. 7625a]

319





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.
[42 U.S.C. 7626]
SEC. 328. AIR POLLUTION FROM OUTER CONTINENTAL SHELF ACTIVITIES.
(a)(1) Applicable Requirements for Certain Areas.- Not later
than 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 ("OCS 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 consistency with onshore
regulations. The authority of this subsection shall supersede
section 5(a)(8) of the Outer Continental 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 technically
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

320





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.
Such activities include, but are not limited to, platform
and drill ship exploration, construction, development,
production, processing, and transportation. For purposes of
this subsection, emissions from any vessel servicing or
associated with an OCS source, including emissions while at
the OCS source or en route to or from the OCS source within
25 miles of the OCS source, shall be considered direct
emissions from the OCS source.
(D) New and existing ocs sources.- The term "new OCS
source" means 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.


321


(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 examining 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 and in the same manner as such require-
ments 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 coastal 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. [42 U.S.C. 7627]
TITLE IV- NOISE POLLUTION
Sec. 401. This title may be cited as the "Noise Pollution and
Abatement Act of 1970".
Sec. 402. (a) The Administrator shall establish within the the
Environmental Protection Agency an Office of Noise Abatement and
Control, and shall carry out through such Office a full and
complete investigation and study of noise and its effect on the
public health and welfare in order to (1) identify and classify
causes and sources of noise, and (2) determine-
(A) effects at various levels;
(B) projected growth of noise levels in urban areas
through the year 2000;
(C) the psychological and physiological effect on humans;
(D) effects of sporadic extreme noise (such as jet noise
near airports) as compared with constant noise;
(E) effect on wildlife and property (including values);
(F) effect of sonic booms on property (including values);
and
(G) such other matters as may be of interest in the public
welfare.
(b) In conducting such investigation, the Administrator shall
hold public hearings, conduct research, experiments, demonstra-
tions, and studies. The Administrator shall report the results of
such investigation and study, together with his recommendations
for legislation or other action, to the President and the
Congress not later than one year after the date of enactment of
this title.
(c) In any case where any Federal department or a agency is
carrying out or sponsoring any activity resulting in noise which
the administrator determines amounts to a public nuisance or is

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otherwise objectionable, such department or agency shall consult
with the Administrator to determine possible means of abating
such noise.
Sec. 403. There is authorized to be appropriated such amount,
not to exceed $30,000,000, as may be necessary for the purposes
of this title.
TITLE IV- ACID DEPOSITION CONTROL
Sec. 401. Findings and purpose.
Sec. 402. Definitions.
Sec. 403. Sulfur dioxide allowance program for existing and new units.
Sec. 404. Phase I sulfur dioxide requirements.
Sec. 405. Phase II sulfur dioxide requirements.
Sec. 406. Allowances for States with emissions rates at or below 0.80lbs/mmBtu.
Sec. 407. Nitrogen oxides emission reduction program.
Sec. 408. Permits and compliance plans.

Sec. 409. Repowered sources.
Sec. 410. Election for additional sources.
Sec. 411. Excess emissions penalty.
Sec. 412. Monitoring, reporting, and recordkeeping requirements.
Sec. 413. General compliance with other provisions.
Sec. 414. Enforcement.
Sec. 415. Clean coal technology regulatory incentives.
Sec. 416. Contingency guarantee; auctions, reserve.
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
represents a threat to natural resources, ecosystems,
materials, visibility, and public health;
(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 precur-
sors 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


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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.
[42 U.S.C. 7651]

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 Precipita-
tion 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-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 adjust-
ments under this paragraph. Upon petition of the owner or
operator of any unit, the Administrator may make 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.

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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 compli-
ance 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, and provide on a continuous
basis a permanent record of emissions and flow (expressed in
pounds per million British thermal units (lbs/mmBtu), pounds
per hour (lbs/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.
(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 Administra-
tor, 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, magneto-
hydrodynamics, 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 waste reduction

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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 demonstra-
tion 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 (continued)