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(continued)
(b) Report, Authority To Regulate.- Not later than 24 months
after enactment of the Clean Air Act Amendments of 1990, the Ad-
ministrator of the Environmental Protection Agency and the Secre-
tary of Transportation shall submit to Congress a report of the
study conducted under this section. Following the completion of
such study, any of the States may adopt or enforce any standard
for emissions of oxides of nitrogen from test cells only after
issuing a public notice stating whether such standards are in
accordance with the findings of the study.
SEC. 234. FUGITIVE DUST.
(a) Prior to any use of the Industrial Source Complex (ISC)
Model using AP-42 Compilation of Air Pollutant Emission Factors
to determine the effect on air quality of fugitive particulate
emissions from surface coal mines, for purposes of new source
review or for purposes of demonstrating compliance with national
ambient air quality standards for particulate matter applicable
428
to periods of 24 hours or less, under section 110 or parts C or D
of title I of the Clean Air Act, the Administrator shall analyze
the accuracy of such model and emission factors and make
revisions as may be necessary to eliminate any significant
over-prediction of air quality effect of fugitive particulate
emissions from such sources. Such revisions shall be completed
not later than 3 years after the date of enactment of the Clean
Air Act Amendments of 1990. Until such time as the Administrator
develops a revised model for surface mine fugitive emissions, the
State may use alternative empirical based modeling approaches
pursuant to guidelines issued by the Administrator.
* * * * * * *
SEC. 303. RISK ASSESSMENT AND MANAGEMENT COMMISSION.
(a) Establishment.- There is hereby established a Risk Assess-
ment and Management Commission (hereafter referred to in this
section as the "Commission"), which shall commence proceedings
not later than 18 months after the date of enactment of the Clean
Air Act Amendments of 1990 and which shall make a full
investigation of the policy implications and appropriate uses of
risk assessment and risk management in regulatory programs under
various Federal laws to prevent cancer and other chronic human
health effects which may result from exposure to hazardous
substances.
(b) Charge.- The Commission shall consider-
(1) the report of the National Academy of Sciences author-
ized by section 112(o) of the Clean Air Act, the use and
limitations of risk assessment in establishing emission or
effluent standards, ambient standards, exposure standards,
acceptable concentration levels, tolerances or other
environmental criteria for hazardous substances that present
a risk of carcinogenic effects or other chronic health
effects and the suitability of risk assessment for such
purposes;
(2) the most appropriate methods for measuring and
describing cancer risks or risks of other chronic health
effects from exposure to hazardous substances considering
such alternative approaches as the lifetime risk of cancer
or other effects to the individual or individuals most
exposed to emissions from a source or sources on both an
actual and worst case basis, the range of such risks, the
total number of health effects avoided by exposure
reductions, effluent
standards, ambient standards, exposures standards,
acceptable concentration levels, tolerances and other envi-
ronmental criteria, reductions in the number of persons
exposed at various levels of risk, the incidence of cancer,
and other public health factors;
(3) methods to reflect uncertainties in measurement and
estimation techniques, the existence of synergistic or
antagonistic effects among hazardous substances, the
accuracy of extrapolating human health risks from animal
exposure data, and the existence of unquantified direct or
indirect effects on human health in risk assessment studies;
429
(4) risk management policy issues including the use of
lifetime cancer risks to individuals most exposed, incidence
of cancer, the cost and technical feasibility of exposure
reduction measures and the use of site-specific actual expo-
sure information in setting emissions standards and other
limitations applicable to sources of exposure to hazardous
substances; and
(5) and comment on the degree to which it is possible or
desirable to develop a consistent risk assessment methodo-
logy, or a consistent standard of acceptable risk, among
various Federal programs.
(c) Membership.- Such Commission shall be composed of ten
members who shall have knowledge or experience in fields of risk
assessment or risk management, including three members to be
appointed by the President, two members to be appointed by the
Speaker of the House of Representatives, one member to be
appointed by the Minority Leader of the House of Representatives,
two members to be appointed by the Majority Leader of the Senate,
one member to be appointed by the Minority Leader of the Senate,
and one member to be appointed by the President of the National
Academy of Sciences. Appointments shall be made not later than 18
months after the date of enactment of the Clean Air Act
Amendments of 1990.
(d) Assistance from Agencies.- The Administrator of the
Environmental Protection Agency and the heads of all other
departments, agencies, and instrumentalities of the executive
branch of the Federal Government shall, to the maximum extent
practicable, assist the Commission in gathering such information
as the Commission deems necessary to carry out this section
subject to other provisions of law.
(e) Staff and Contracts.-
(1) In the conduct of the study required by this section,
the Commission is authorized to contract (in accordance with
Federal contract law) with nongovernmental entities that are
competent to perform research or investigations within the
Commission's mandate, and to hold public hearings, forums,
and workshops to enable full public participation.
(2) The Commission may appoint and fix the pay of such
staff as it deems necessary in accordance with the
provisions of title 5, United States Code. The Commission
may request the temporary assignment of personnel from the
Environmental Protection Agency or other Federal agencies.
(3) The members of the Commission who are not officers or
employees of the United States, while attending conferences
or meetings of the Commission or while otherwise serving at
the request of the Chair, shall be entitled to receive
compensation at a rate not in excess of the maximum rate of
pay for Grade GS-18, as provided in the General Schedule
under section 5332 of title 5 of the United States Code,
including travel time, and while away from their homes or
regular places of business they may be allowed travel
expenses, including per diem in lieu of subsistence as
authorized by law for persons in the Government service
employed intermittently.
430
(f) Report.- A report containing the results of all Commission
studies and investigations under this section, together with any
appropriate legislative recommendations or administrative
recommendations, shall be made available to the public for
comment not later than 42 months after the date of enactment of
the Clean Air Act Amendments of 1990 and shall be submitted to
the President and to the Congress not later than 48 months after
such date of enactment. In the report, the Commission shall make
recommendations with respect to the appropriate use of risk
assessment and risk management in Federal regulatory programs to
prevent cancer or other chronic health effects which may result
from exposure to hazardous substances. The Commission shall cease
to exist upon the date determined by the Commission, but not
later than 9 months after the submission of such report.
(g) Authorization.- There are authorized to be appropriated
such sums as are necessary to carry out the activities of the
Commission established by this section.
SEC. 304. CHEMICAL PROCESS SAFETY MANAGEMENT.
(a) Chemical Process Safety Standard.- The Secretary of Labor
shall act under the Occupational Safety and Health Act of 1970
(29 U.S.C. 653) to prevent accidental releases of chemicals which
could pose a threat to employees. Not later than 12 months after
the date of enactment of the Clean Air Act Amendments of 1990,
the Secretary of Labor, in coordination with the Administrator of
the Environmental Protection Agency, shall promulgate, pursuant
to the Occupational Safety and Health Act, a chemical process
safety standard designed to protect employees from hazards
associated with accidental releases of highly hazardous chemicals
in the workplace.
(b) List of Highly Hazardous Chemicals.- The Secretary shall
include as part of such standard a list of highly hazardous
chemicals, which include toxic, flammable, highly reactive and
explosive substances. The list of such chemicals may include
those chemicals listed by the Administrator under section 302 of
the Emergency Planning and Community Right to Know Act of 1986.
The Secretary may make additions to such list when a substance is
found to pose a threat of serious injury or fatality in the event
of an accidental release in the workplace.
(c) Elements of Safety Standard.- Such standard shall, at
minimum, require employers to-
(1) develop and maintain written safety information
identifying workplace chemical and process hazards,
equipment used in the processes, and technology used in the
processes;
(2) perform a workplace hazard assessment, including, as
appropriate, identification of potential sources of acciden-
tal releases, an identification of any previous release
within the facility which had a likely potential for cata-
strophic consequences in the workplace, estimation of
workplace effects of a range of releases, estimation of the
health and safety effects of such range on employees;
(3) consult with employees and their representatives on
the development and conduct of hazard assessments and the
development of chemical accident prevention plans and
431
provide access to these and other records required under the
standard;
(4) establish a system to respond to the workplace hazard
assessment findings, which shall address prevention, mitiga-
tion, and emergency responses;
(5) periodically review the workplace hazard assessment
and response system;
(6) develop and implement written operating procedures for
the chemical process including procedures for each operating
phase, operating limitations, and safety and health
considerations;
(7) provide written safety and operating information to
employees and train employees in operating procedures,
emphasizing hazards and safe practices;
(8) ensure contractors and contract employees are provided
appropriate information and training;
(9) train and educate employees and contractors in
emergency response in a manner as comprehensive and
effective as that required by the regulation promulgated
pursuant to section 126(d) of the Superfund Amendments and
Reauthorization Act;
(10) establish a quality assurance program to ensure that
initial process related equipment, maintenance materials,
and spare parts are fabricated and installed consistent with
design specifications;
(11) establish maintenance systems for critical process
related equipment including written procedures, employee
training, appropriate inspections, and testing of such
equipment to ensure ongoing mechanical integrity;
(12) conduct pre-start-up safety reviews of all newly in-
stalled or modified equipment;
(13) establish and implement written procedures to manage
change to process chemicals, technology, equipment and
facilities; and
(14) investigate every incident which results in or could
have resulted in a major accident in the workplace, with any
findings to be reviewed by operating personnel and modifica-
tions made if appropriate.
(d) State Authority.- Nothing in this section may be construed
to diminish the authority of the States and political
subdivisions thereof as described in section 112(r)(11) of the
Clean Air Act.
* * * * * * *
SEC. 305. SOLID WASTE COMBUSTION.
* * * * * * *
(c) Review of Acid Gas Scrubbing Requirements.- Prior to the
promulgation of any performance standard for solid waste
incineration units combusting municipal waste under section 111
or section 129 of the Clean Air Act, the Administrator shall
review the availability of acid gas scrubbers as a pollution
control technology for small new units and for existing units (as
defined in 54 Federal Register 52190 (December 20, 1989), taking
432
into account the provisions of subsection (a)(2) of section 129
of the Clean Air Act.
SEC. 306. ASH MANAGEMENT AND DISPOSAL.
For a period of 2 years after the date of enactment of the
Clean Air Act Amendments of 1990, ash from solid waste
incineration units burning municipal waste shall not be regulated
by the Administrator of the Environmental Protection Agency
pursuant to section 3001 of the Solid Waste Disposal Act. Such
reference and limitation shall not be construed to prejudice,
endorse or otherwise affect any activity by the Administrator
following the 2-year period from the date of enactment of the
Clean Air Act Amendments of 1990.
* * * * * * *
SEC. 402. FOSSIL FUEL USE.
(a) Contracts for Hydroelectric Energy.- Any person who, after
the date of the enactment of the Clean Air Act Amendments of
1990, enters into a contract under which such person receives
hydroelectric energy in return for the provision of electric
energy by such person shall use allowances held by such person as
necessary to satisfy such person's obligations under such
contract.
(b) Federal Power Marketing Administration.- A Federal Power
Marketing Administration shall not be subject to the provisions
and requirements of this title with respect to electric energy
generated by hydroelectric facilities and marketed by such Power
Marketing Administration. Any person who sells or provides elec-
tric energy to a Federal Power Marketing Administration shall
comply with the provisions and requirements of this title.
SEC. 403. REPEAL OF PERCENT REDUCTION.
(a) * * *
(b) Revised Regulations.- Not later than three years after the
date of enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate revised regulations for standards
of performance for new fossil fuel fired electric utility units
commencing construction after the date on which such regulations
are proposed that, at a minimum, require any source subject to
such revised standards to emit sulfur dioxide at a rate not
greater than would have resulted from compliance by such source
with the applicable standards of performance under this section
prior to such revision.
(c) Applicability.- The provisions of subsections (a) and (b)
apply only so long as the provisions of section 403(e) of the
Clean Air Act remain in effect.
* * * * * * *
SEC. 404. ACID DEPOSITION STANDARDS.
Not later than 36 months after the date of enactment of this
Act, the Administrator of the Environmental Protection Agency
shall transmit to the Committee on Environment and Public Works
of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report on the feasibility and
effectiveness of an acid deposition standard or standards to
protect sensitive and critically sensitive aquatic and
433
terrestrial resources. The study required by this section shall
include, but not be limited to, consideration of the following
matters:
(1) identification of the sensitive and critically sensi-
tive aquatic and terrestrial resources in the United States
and Canada which may be affected by the deposition of acidic
compounds;
(2) description of the nature and numerical value of a
deposition standard or standards that would be sufficient to
protect such resources;
(3) description of the use of such standard or standards
in other Nations or by any of the several States in acid
deposition control programs;
(4) description of the measures that would need to be
taken to integrate such standard or standards with the
control program required by title IV of the Clean Air Act;
(5) description of the state of knowledge with respect to
source-receptor relationships necessary to develop a control
program on such standard or standards and the additional
research that is on-going or would be needed to make such a
control program feasible; and
(6) description of the impediments to implementation of
such control program and the cost-effectiveness of
deposition standards compared to other control strategies
including ambient air quality standards, new source
performance standards and the requirements of title IV of
the Clean Air Act.
SEC. 405. NATIONAL ACID LAKES REGISTRY.
The Administrator of the Environmental Protection Agency shall
create a National Acid Lakes Registry that shall list, to the
extent practical, all lakes that are known to be acidified due to
acid deposition, and shall publish such list within one year of
the enactment of this Act. Lakes shall be added to the registry
as they become acidic or as data becomes available to show they
are acidic. Lakes shall be deleted from the registry as they
become nonacidic.
SEC. 406. INDUSTRIAL SO 2 EMISSIONS.
(a) Report.- Not later than January 1, 1995 and every 5 years
thereafter, the Administrator of the Environmental Protection
Agency shall transmit to the Congress a report containing an in-
ventory of national annual sulfur dioxide emissions from indus-
trial sources (as defined in title IV of the Act), including
units subject to section 405(g)(6) of the Clean Air Act, for all
years for which data are available, as well as the likely trend
in such emissions over the following twenty-year period. The
reports shall also contain estimates of the actual emission
reduction in each year resulting from promulgation of the diesel
fuel desulfurization regulations under section 214.
(b) 5.60 Million Ton Cap.- Whenever the inventory required by
this section indicates that sulfur dioxide emissions from indus-
trial sources, including units subject to section 405(g)(5) of
the Clean Air Act, may reasonably be expected to reach levels
greater than 5.60 million tons per year, the Administrator of the
434
Environmental Protection Agency shall take such actions under the
Clean Air Act as may be appropriate to ensure that such emissions
do not exceed 5.60 million tons per year. Such actions may in-
clude the promulgation of new and revised standards of perfor-
mance for new sources, including units subject to section
405(g)(5) of the Clean Air Act, under section 111(b) of the Clean
Air Act, as well as promulgation of standards of performance for
existing sources, including units subject to section 405(g)(5) of
the Clean Air Act, under authority of this section. For an
existing source regulated under this section, "standard of
performance" means a standard which the Administrator determines
is applicable to that source and which reflects the degree of
emission reduction achievable through the application of the best
system of continuous emission reduction which (taking into
consideration the cost of achieving such emission reduction, and
any nonair quality health and environmental impact and energy
requirements) the Administrator determines has been adequately
demonstrated for that category of sources.
(c) Election.- Regulations promulgated under section 405(b) of
the Clean Air Act shall not prohibit a source from electing to
become an affected unit under section 410 of the Clean Air Act.
SEC. 407. SENSE OF THE CONGRESS ON EMISSION REDUCTIONS COSTS.
It is the sense of the Congress that the Clean Air Act Amend-
ments of 1990, through the allowance program, allocates the costs
of achieving the required reductions in emissions of sulfur
dioxide and oxides of nitrogen among sources in the United
States. Broad based taxes and emissions fees that would provide
for payment of the costs of achieving required emissions reduc-
tions by any party or parties other than the sources required to
achieve the reductions are undesirable.
SEC. 408. MONITOR ACID RAIN PROGRAM IN CANADA.
(a) Reports to Congress.- The Administrator of the Environmen-
tal Protection Agency, in consultation with the Secretary of
State, the Secretary of Energy, and other persons the Administra-
tor deems appropriate, shall prepare and submit a report to Con-
gress on January 1, 1994, January 1, 1999, and January 1, 2005.
(b) Contents.- The report to Congress shall analyze the current
emission levels of sulfur dioxide and nitrogen oxides in each of
the provinces participating in Canada's acid rain control
program, the amount of emission reductions of sulfur dioxide and
oxides of nitrogen achieved by each province, the methods
utilized by each province in making those reductions, the costs
to each province and the employment impacts in each province of
making and maintaining those reductions.
(c) Compliance.- Beginning on January 1, 1999, the reports
shall also assess the degree to which each province is complying
with its stated emissions cap.
SEC. 409. REPORT ON CLEAN COAL TECHNOLOGIES EXPORT PROGRAMS.
The Secretary of Energy in consultation with the Secretary of
Commerce shall provide a report to the Congress within one year
of enactment of this legislation which will identify, inventory
and analyze clean coal technologies export programs within United
States Government agencies including the Departments of State,
435
Commerce, and Energy and at the Export-Import Bank and the Over-
seas Private Investment Corporation. The study shall address the
effectiveness of interagency coordination of export promotion and
determine the feasibility of establishing an interagency commis-
sion for the purpose of promoting the export and use of clean
coal technologies.
SEC. 410. ACID DEPOSITION RESEARCH BY THE UNITED STATES FISH AND
WILDLIFE SERVICE.
There are authorized to be appropriated to the United States
Fish and Wildlife Service of the Department of the Interior an
amount equal to $500,000 to fund research related to acid deposi-
tion and the monitoring of high altitude mountain lakes in the
Wind River Reservation, Wyoming, to be conducted through the Man-
agement Assistance Office of the United States Fish and Wildlife
Service located in Lander, Wyoming and the University of Wyoming.
SEC. 411. STUDY OF BUFFERING AND NEUTRALIZING AGENTS.
There are authorized to be appropriated to the United States
Fish and Wildlife Service of the Department of the Interior an
amount equal to $250,000 to fund a study to be conducted in
conjunction with the University of Wyoming of the effectiveness
of various buffering and neutralizing agents used to restore
lakes and streams damaged by acid deposition.
* * * * * * *
SEC. 413. SPECIAL CLEAN COAL TECHNOLOGY PROJECT.
(a) Demonstration Project.- The Secretary of Energy shall,
subject to appropriation, as part of the Secretary's activities
with respect to fossil energy research and development under the
Department of Energy Organization Act (Public Law 950991)
consider funding at least 50 percent of the cost of a demonstra-
tion project to design, construct, and test a technology system
for a cyclone boiler that will serve as a model for sulfur
dioxide and nitrogen oxide reduction technology at a combustion
unit required to meet the emissions reductions prescribed in this
bill. The Secretary shall expedite approval and funding to enable
such project to be completed no later than January 1, 1995.
The unit selected for this project shall be in a utility plant
that (1) is among the top 10 emitters of sulfur dioxide as
identified on Table A of section 404; (2) has 3 or more units, 2
of which are cyclone boiler units; and (3) has no existing
scrubbers.
(b) Authorization.- There are authorized to be appropriated
such sums as may be necessary to carry out this section, to
remain available until expended.
* * * * * * *
SEC. 603. METHANE STUDIES.
(a) Economically Justified Actions.- Not later than 2 years
after enactment of this Act, the Administrator shall prepare and
submit a report to the Congress that identifies activities, sub-
436
stances, processes, or combinations thereof that could reduce
methane emissions and that are economically and technologically
justified with and without consideration of environmental
benefit.
(b) Domestic Methane Source Inventory and Control.- Not later
than 2 years after the enactment of this Act, the Administrator,
in consultation and coordination with the Secretary of Energy and
the Secretary of Agriculture, shall prepare and submit to the
Congress reports on each of the following:
(1) Methane emissions associated with natural gas extrac-
tion, transportation, distribution, storage, and use. Such
report shall include an inventory of methane emissions
associated with such activities within the United States.
Such emissions include, but are not limited to, accidental
and intentional releases from natural gas and oil wells,
pipelines, processing facilities, and gas burners. The
report shall also include an inventory of methane generation
with such activities.
(2) Methane emissions associated with coal extraction,
transportation, distribution, storage, and use. Such report
shall include an inventory of methane emissions associated
with such activities within the United States. Such emis-
sions include, but are not limited to, accidental and
intentional releases from mining shafts, degasification
wells, gas recovery wells and equipment, and from the
processing and use of coal. The report shall also include an
inventory of methane generation with such activities.
(3) Methane emissions associated with management of solid
waste. Such report shall include an inventory of methane
emissions associated with all forms of waste management in
the United States, including storage, treatment, and dispos-
al.
(4) Methane emissions associated with agriculture. Such
report shall include an inventory of methane emissions
associated with rice and livestock production in the United
States.
(5) Methane emissions associated with biomass burning.
Such report shall include an inventory of methane emissions
associated with the intentional burning of agricultural
wastes, wood, grasslands, and forests.
(6) Other methane emissions associated with human activi-
ties. Such report shall identify and inventory other domes-
tic sources of methane emissions that are deemed by the
Administrator and other such agencies to be significant.
(c) International Studies.-
(1) Methane emissions.- Not later than 2 years after the
enactment of this Act, the Administrator shall prepare and
submit to the Congress a report on methane emissions from
countries other than the United States. Such report shall
include inventories of methane emissions associated with the
activities listed in subsection (b).
(2) Preventing increases in methane concentrations.- Not
later than 2 years after the enactment of this Act, the
Administrator shall prepare and submit to the Congress a
report that analyzes the potential for preventing an in-
crease in atmospheric concentrations of methane from activi-
437
ties and sources in other countries. Such report shall
identify and evaluate the technical options for reducing
methane emission from each of the activities listed in
subsection (b), as well as other activities or sources that
are deemed by the Administrator in consultation with other
relevant Federal agencies and departments to be significant
and shall include an evaluation of costs. The report shall
identify the emissions reductions that would need to be
achieved to prevent increasing atmospheric concentrations of
methane. The report shall also identify technology transfer
programs that could promote methane emissions reductions in
lesser developed countries.
(d) Natural Sources.- Not later than 2 years after the enact-
ment of this Act, the Administrator shall prepare and submit to
the Congress a report on-
(1) methane emissions from biogenic sources such as (A)
tropical, temperate, and subarctic forests, (B) tundra, and
(C) freshwater and saltwater wetlands; and
(2) the changes in methane emissions from biogenic sources
that may occur as a result of potential increases in temper-
atures and atmospheric concentrations of carbon dioxide.
(e) Study of Measures To Limit Growth in Methane Concentra-
tions.- Not later than 2 years after the completion of the
studies in subsections (b), (c), and (d), the Administrator shall
prepare and submit to the Congress a report that presents options
outlining measures that could be implemented to stop or reduce
the growth in atmospheric concentrations of methane from sources
within the United States referred to in paragraphs (1) through
(6) of subsection (b). This study shall identify and evaluate the
technical options for reducing methane emissions from each of the
activities listed in subsection (b), as well as other activities
or sources deemed by such agencies to be significant, and shall
include an evaluation of costs, technology, safety, energy, and
other factors. The study shall be based on the other studies
under this section. The study shall also identify programs of the
United States and international lending agencies that could be
used to induce lesser developed countries to undertake measures
that will reduce methane emissions and the resource needs of such
programs.
(f) Information Gathering.- In carrying out the studies under
this section, the provisions and requirements of section 114 of
the Clean Air Act shall be available for purposes of obtaining
information to carry out such studies.
(g) Consultation and Coordination.- In preparing the studies
under this section the Administrator shall consult and coordinate
with the Secretary of Energy, the Administrators of the National
Aeronautics and Space Administration and the National Oceanic and
Atmospheric Administration, and the heads of other relevant
Federal agencies and departments. In the case of the studies
under subsections (a), (b), and (e), such consultation and
coordination shall include the Secretary of Agriculture.
* * * * * * *
SEC. 711. SAVINGS PROVISIONS AND EFFECTIVE DATES.
(a) Savings Provisions.- Except as otherwise expressly provided
in this Act, no suit, action, or other proceeding lawfully
438
commenced by the Administrator or any other officer or employee
of the United States in his official capacity or in relation to
the discharge of his official duties under the Clean Air Act, as
in effect immediately prior to the date of enactment of this Act,
shall abate by reason of the taking effect of the amendments made
by this Act.
(b) Effective Dates.- (1) Except as otherwise expressly provid-
ed, the amendments made by this Act shall be effective on the
date of enactment of this Act.
(2) The Administrator's authority to assess civil penalties
under section 205(c) of the Clean Air Act, as amended by this
Act, shall apply to violations that occur or continue on or after
the date of enactment of this Act. Civil penalties for violations
that occur prior to such date and do not continue after such date
shall be assessed in accordance with the provisions of the Clean
Air Act in effect immediately prior to the date of enactment of
this Act.
(3) The civil penalties prescribed under sections 205(a) and
211(d)(1) of the Clean Air Act, as amended by this Act, shall
apply to violations that occur on or after the date of enactment
of this Act. Violations that occur prior to such date shall be
subject to the civil penalty provisions prescribed in sections
205(a) and 211(d) of the Clean Air Act in effect immediately
prior to the enactment of this Act. The injunctive authority
prescribed under section 211(d)(2) of the Clean Air Act, as
amended by this Act, shall apply to violations that occur or
continue on or after the date of enactment of this Act.
(4) For purposes of paragraphs (2) and (3), where the date of a
violation cannot be determined it will be assumed to be the date
on which the violation is discovered.
* * * * * * *
SEC. 807. HYDROGEN FUEL CELL VEHICLE STUDY AND TEST PROGRAM.
The Administrator of the Environmental Protection Agency, in
conjunction with the National Aeronautics and Space Administra-
tion and the Department of Energy, shall conduct a study and test
program on the development of a hydrogen fuel cell electric
vehicle. The study and test program shall determine how best to
transfer existing NASA hydrogen fuel cell technology into the
form of a mass-producible, cost effective hydrogen fuel cell
vehicle. Such study and test program shall include at a minimum a
feasibility-design study, the construction of a prototype, and a
demonstration. This study and test program should be completed
and a report submitted to Congress within 3 years after the
enactment of the Clean Air Act Amendments of 1990. This study and
test program should be performed in the university or universi-
ties which are best exhibiting the facilities and expertise to
develop such a fuel cell vehicle.
SEC. 808. RENEWABLE ENERGY AND ENERGY CONSERVATION INCENTIVES.
(a) Definition.- For purposes of this section, renewable energy
means energy from photovoltaic, solar thermal, wind, geothermal,
and biomass energy production technologies.
439
(b) Rate Incentives Study.- Within 18 months after enactment,
the Federal Energy Regulatory Commission, in consultation with
the Environmental Protection Agency, shall complete a study which
calculates the net environmental benefits of renewable energy,
compared to nonrenewable energy, and assigns numerical values to
them. The study shall include, but not be limited to, environmen-
tal impacts on air, water, land use, water use, human health, and
waste disposal.
(c) Model Regulations.- In conjunction with the study in
subsection (b), the Commission shall propose one or more models
for incorporating the net environmental benefits into the
regulatory treatment of renewable energy in order to provide
economic compensation for those benefits.
(d) Report.- The Commission shall transmit the study and the
model regulations to Congress, along with any recommendations on
the best ways to reward renewable energy technologies for their
environmental benefits, in a report no later than 24 months after
enactment.
SEC. 809. CLEAN AIR STUDY OF SOUTHWESTERN NEW MEXICO.
The Administrator shall conduct a study of the causes of de-
graded visibility in southwestern New Mexico. The Administrator,
in consultation with the Secretary of State, is encouraged to
cooperate with the Government of Mexico, other Federal agencies,
and any other appropriate organizations in conducting the study.
Nothing in this section shall be construed as contravening or
superseding the provisions of any international agreement in
force for the United States as of the date of enactment of this
section, or any relevant Federal statute.
SEC. 810. IMPACT ON SMALL COMMUNITIES.
Before implementing a provision of this Act, the Administrator
of the Environmental Protection Agency shall consult with the
Small Communities Coordinator of the Environmental Protection
Agency to determine the impact of such provision on small com-
munities, including the estimated cost of compliance with such
provision.
SEC. 811. EQUIVALENT AIR QUALITY CONTROLS AMONG TRADING NATIONS.
(a) Findings.- The Congress finds that-
(1) all nations have the responsibility to adopt and
enforce effective air quality standards and requirements and
the United States, in enacting this Act, is carrying out its
responsibility in this regard;
(2) as a result of complying with this Act, businesses in
the United States will make significant capital investments
and incur incremental costs in implementing control technol-
ogy standards;
(3) such compliance may impair the competitiveness of
certain United States jobs, production, processes, and
products if foreign goods are produced under less costly
environmental standards and requirements than are United
States goods; and
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(4) mechanisms should be sought through which the United
States and its trading partners can agree to eliminate or
reduce competitive disadvantages.
(b) Action by the President.-
(1) In general.- Within 18 months after the date of the
enactment of the Clean Air Act Amendments of 1990, the
President shall submit to the Congress a report-
(A) identifying and evaluating the economic effects of-
(i) the significant air quality standards and con-
trols required under this Act, and
(ii) the differences between the significant stan-
dards and controls required under this Act and
similar standards and controls adopted and enforced
by the major trading partners of the United States,
on the international competitiveness of United States
manufacturers; and
(B) containing a strategy for addressing such economic
effects through trade consultations and negotiations.
(2) Additional reporting requirements.- (A) The evaluation
required under paragraph (1)(A) shall examine the extent to which
the significant air quality standards and controls required under
this Act are comparable to existing internationally-agreed norms.
(B) The strategy required to be developed under paragraph
(1)(B) shall include recommended options (such as the harmoniza-
tion of standards and trade adjustment measures) for reducing or
eliminating competitive disadvantages caused by differences in
standards and controls between the United States and each of its
major trading partners.
(3) Public comment.- Interested parties shall be given an
opportunity to submit comments regarding the evaluations and
strategy required in the report under paragraph (1). The Presi-
dent shall take any such comment into account in preparing the
report.
(4) Interim report.- Within 9 months after the date of the
enactment of the Clean Air Act Amendments of 1990, the President
shall submit to the Congress an interim report on the progress
being made in complying with paragraph (1).
* * * * * * *
SEC. 812. ANALYSES OF COSTS AND BENEFITS.
(a)* * *
(b) GAO Reports on Costs and Benefits.- Commencing on the
second year after the date of the enactment of the Clean Air Act
Amendments of 1990 and annually thereafter, the Comptroller Gen-
eral of the General Accounting Office, in consultation with other
agencies, such as the Environmental Protection Agency, the De-
partment of Labor, the Department of Commerce, the United States
Trade Representative, the National Academy of Sciences, the
Office of Technology Assessment, the National Academy of Engi-
neering, the Council on Environmental Quality, and the Surgeon
General, shall provide a report to the Congress on the incremen-
tal human health and environmental benefits, and incremental
costs beyond current clean air requirements of the new control
strategies and technologies required by this Act. The report
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shall include, for such strategies and technologies, an analysis
of the actual emissions reductions beyond existing practice, the
effects on human life, human health and the environment (includ-
ing both positive impacts and those that may be detrimental to
jobs and communities resulting from loss of employers and
employment, etc.), the energy security impacts, and the effect on
United States products and industrial competitiveness in national
and international markets.
SEC. 813. COMBUSTION OF CONTAMINATED USED OIL IN SHIPS.
Within 2 years after the enactment of the Clean Air Act
Amendments of 1990, the Administrator of the Environmental
Protection Agency shall complete a study and submit a report to
Congress evaluating the health and environmental impacts of the
combustion of contaminated used oil in ships, the reasons for
using such oil for such purposes, the alternatives to such use,
the costs of such alternatives, and other relevant factors and
impacts. In preparing such study, the Administrator shall obtain
the view and comments of all interested persons and shall consult
with the Secretary of Transportation and the Secretary of the
department in which the Coast Guard is operating.
SEC. 814. AMERICAN MADE PRODUCTS.
It is the sense of the Congress that-
(1) existing equipment and machinery retrofitted to comply
with the Clean Air Act's "Best Available Control Technology"
language and all other specifications within the Act be
produced in the United States and purchased from American
manufacturers.
(2) The construction of new industrial and utility facili-
ties comply to the Act's specifications through the incorpo-
ration of American made equipment and technology.
(3) Individuals, groups, and organizations in the public
sector strive to purchase and produce American made products
that improve our nation's air quality.
SEC. 815. ESTABLISHMENT OF PROGRAM TO MONITOR AND IMPROVE
AIR QUALITY IN REGIONS ALONG THE BORDER BETWEEN
THE UNITED STATES AND MEXICO.
(a) In General.- The Administrator of the Environmental Protec-
tion Agency (hereinafter referred to as the "Administrator") is
authorized, in cooperation with the Department of State and the
affected States, to negotiate with representatives of Mexico to
authorize a program to monitor and improve air quality in regions
along the border between the United States and Mexico. The
program established under this section shall not extend beyond
July 1, 1995.
(b) Monitoring and Remediation.-
(1) Monitoring.- The monitoring component of the program conduct-
ed under this section shall identify and determine sources of
pollutants for which national ambient air quality standards
(hereinafter referred to as "NAAQS") and other air quality goals
have been established in regions along the border between the
United States and Mexico. Any such monitoring component of the
program shall include, but not be limited to, the collection of
meteorological data, the measurement of air quality, the compila-
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tion of an emissions inventory, and shall be sufficient to the
extent necessary to successfully support the use of a
state-of-the-art mathematical air modeling analysis. Any such
monitoring component of the program shall collect and produce
data projecting the level of emission reductions necessary in
both Mexico and the United States to bring about attainment of
both primary and secondary NAAQS, and other air quality goals, in
regions along the border in the United States. Any such monitor-
ing component of the program shall include to the extent possi-
ble, data from monitoring programs undertaken by other parties.
(2) Remediation.- The Administrator is authorized to negotiate
with appropriate representatives of Mexico to develop joint
remediation measures to reduce the level of airborne pollutants
to achieve and maintain primary and secondary NAAQS, and other
air quality goals, in regions along the border between the United
States and Mexico. Such joint remediation measures may include,
but not be limited to measures included in the Environmental
Protection Agency's Control Techniques and Control Technology
documents. Any such remediation program shall also identify those
control measures implementation of which in Mexico would be
expedited by the use of material and financial assistance of the
United States.
(c) Annual Reports.- The Administrator shall, each year the
program authorized in this section is in operation, report to
Congress on the progress of the program in bringing nonattainment
areas along the border of the United States into attainment with
primary and secondary NAAQS. The report issued by the Administra-
tor under this paragraph shall include recommendations on funding
mechanisms to assist in implementation of monitoring and
remediation efforts.
(d) Funding and Personnel.- The Administrator may, where appro-
priate, make available, subject to the appropriations, such
funds, personnel, and equipment as may be necessary to implement
the provisions of this section. In those cases where direct
financial assistance of the United States is provided to imple-
ment monitoring and remediation programs in Mexico, the Adminis-
trator shall develop grant agreements with appropriate represent-
atives of Mexico to assure the accuracy and completeness of
monitoring data and the performance of remediation measures which
are financed by the United States. With respect to any control
measures within Mexico funded by the United States, the Adminis-
trator shall, to the maximum extent practicable, utilize resourc-
es of Mexico where such utilization would reduce costs to the
United States. Such funding agreements shall include authoriza-
tion for the Administrator to-
(1) review and agree to plans for monitoring and remedia-
tion;
(2) inspect premises, equipment and records to insure
compliance with the agreements established under and the
purposes set forth in this section; and
(3) where necessary, develop grant agreements with affect-
ed States to carry out the provisions of this section.
* * * * * * *
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SEC. 817. ROLE OF SECONDARY STANDARDS.
(a) Report.- The Administrator shall request the National
Academy of Sciences to prepare a report to the Congress on the
role of national secondary ambient air quality standards in
protecting welfare and the environment. The report shall:
(1) include information on the effects on welfare and the
environment which are caused by ambient concentrations of
pollutants listed pursuant to section 108 and other pollut-
ants which may be listed;
(2) estimate welfare and environmental costs incurred as a
result of such effects;
(3) examine the role of secondary standards and the State (continued)