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(continued)
(11) Carcinogenic effect. - Unless revised, the term
"carcinogenic effect" shall have the meaning provided by the
Administrator under Guidelines for Carcinogenic Risk Assessment
as of the date of enactment. Any revisions in the existing
Guidelines shall be subject to notice and opportunity for
comment.
(b) List of Pollutants. -
(1) Initial list. - The Congress establishes for purposes
of this section a list of hazardous air pollutants as follows:


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CAS Chemical name
number

75070 Acetaldehyde
60355 Acetamide
75058 Acetonitrile
98862 Acetophenone
53963 2-Acetylaminofluorene
107028 Acrolein
79061 Acrylamide
79107 Acrylic acid
107131 Acrylonitrile
107051 Allyl chloride
92671 4-Aminobiphenyl
62533 Aniline
90040 o-Anisidine
1332214 Asbestos
71432 Benzene (including benzene from gasoline)
92875 Benzidine
98077 Benzotrichloride
100447 Benzyl chloride
92524 Biphenyl
117817 Bis(2-ethylhexyl)phthalate (DEHP)
542881 Bis(chloromethyl)ether
75252 Bromoform
106990 1,3-Butadiene
156627 Calcium cyanamide
105602 Caprolactam
133062 Captan
63252 Carbaryl
75150 Carbon disulfide
56235 Carbon tetrachloride
463581 Carbonyl sulfide
120809 Catechol
133904 Chloramben
57749 Chlordane
7782505 Chlorine
79118 Chloroacetic acid
532274 2-Chloroacetophenone
108907 Chlorobenzene
510156 Chlorobenzilate
67663 Chloroform
107302 Chloromethyl methyl ether
126998 Chloroprene
1319773 Cresols/Cresylic acid (isomers and mixture)
95487 o-Cresol
108394 m-Cresol
106445 p-Cresol
98828 Cumene
94757 2,4-D, salts and esters
3547044 DDE
334883 Diazomethane
132649 Dibenzofurans
96128 1,2-Dibromo-3-chloropropane
84742 Dibutylphthalate

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106467 1,4-Dichlorobenzene(p)
91941 3,3-Dichlorobenzidene
111444 Dichloroethyl ether (Bis(2-chloroethyl)ether)
542756 1,3-Dichloropropene
62737 Dichlorvos
111422 Diethanolamine
121697 N,N-Diethyl aniline (N,N-Dimethylaniline)
64675 Diethyl sulfate
119904 3,3-Dimethoxybenzidine
60117 Dimethyl aminoazobenzene
119937 3,3¬-Dimethyl benzidine
79447 Dimethyl carbamoyl chloride
CAS Chemical name
number

68122 Dimethyl formamide
57147 1,1-Dimethyl hydrazine
131113 Dimethyl phthalate
77781 Dimethyl sulfate
534521 4,6-Dinitro-o-cresol, and salts
51285 2,4-Dinitrophenol
121142 2,4-Dinitrotoluene
123911 1,4-Dioxane (1,4-Diethyleneoxide)
122667 1,2-Diphenylhydrazine
106898 Epichlorohydrin (l-Chloro-2,3-epoxypropane)
106887 1,2-Epoxybutane
140885 Ethyl acrylate
100414 Ethyl benzene
51796 Ethyl carbamate (Urethane)
75003 Ethyl chloride (Chloroethane)
106934 Ethylene dibromide (Dibromoethane)
107062 Ethylene dichloride (1,2-Dichloroethane)
107211 Ethylene glycol
151564 Ethylene imine (Aziridine)
75218 Ethylene oxide
96457 Ethylene thiourea
75343 Ethylidene dichloride (1,1-Dichloroethane)
50000 Formaldehyde
76448 Heptachlor
118741 Hexachlorobenzene
87683 Hexachlorobutadiene
77474 Hexachlorocyclopentadiene
67721 Hexachloroethane
822060 Hexamethylene-1,6-diisocyanate
680319 Hexamethylphosphoramide
110543 Hexane
302012 Hydrazine
7647010 Hydrochloric acid
7664393 Hydrogen fluoride (Hydrofluoric acid)
7783064 Hydrogen sulfide
123319 Hydroquinone
78591 Isophorone
58899 Lindane (all isomers)
108316 Maleic anhydride
67561 Methanol

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72435 Methoxychlor
74839 Methyl bromide (Bromomethane)
74873 Methyl chloride (Chloromethane)
71556 Methyl chloroform (1,1,1-Trichloroethane)
78933 Methyl ethyl ketone (2-Butanone)
60344 Methyl hydrazine
74884 Methyl iodide (Iodomethane)
108101 Methyl isobutyl ketone (Hexone)
624839 Methyl isocyanate
80626 Methyl methacrylate
1634044 Methyl tert butyl ether
101144 4,4-Methylene bis(2-chloroaniline)
75092 Methylene chloride (Dichloromethane)
101688 Methylene diphenyl diisocyanate (MDI)
101779 4,4¬-Methylenedianiline
91203 Naphthalene
98953 Nitrobenzene
92933 4-Nitrobiphenyl
100027 4-Nitrophenol
79469 2-Nitropropane
684935 N-Nitroso-N-methylurea
62759 N-Nitrosodimethylamine
59892 N-Nitrosomorpholine
56382 Parathion
CAS Chemical name
number

82688 Pentachloronitrobenzene (Quintobenzene)
87865 Pentachlorophenol
108952 Phenol
106503 p-Phenylenediamine
75445 Phosgene
7803512 Phosphine
7723140 Phosphorus
85449 Phthalic anhydride
1336363 Polychlorinated biphenyls (Aroclors)
1120714 1,3-Propane sultone
57578 beta-Propiolactone
123386 Propionaldehyde
114261 Propoxur (Baygon)
78875 Propylene dichloride (1,2-Dichloropropane)
75569 Propylene oxide
75558 1,2-Propylenimine (2-Methyl aziridine)
91225 Quinoline
106514 Quinone
100425 Styrene
96093 Styrene oxide
1746016 2,3,7,8-Tetrachlorodibenzo-p-dioxin
79345 1,1,2,2-Tetrachloroethane
127184 Tetrachloroethylene (Perchloroethylene)
7550450 Titanium tetrachloride
108883 Toluene
95807 2,4-Toluene diamine
584849 2,4-Toluene diisocyanate
95534 o-Toluidine

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8001352 Toxaphene (chlorinated camphene)
120821 1,2,4-Trichlorobenzene
79005 1,1,2-Trichloroethane
79016 Trichloroethylene
95954 2,4,5-Trichlorophenol
88062 2,4,6-Trichlorophenol
121448 Triethylamine
1582098 Trifluralin
540841 2,2,4-Trimethylpentane
108054 Vinyl acetate
593602 Vinyl bromide
75014 Vinyl chloride
75354 Vinylidene chloride (1,1-Dichloroethylene)
1330207 Xylenes (isomers and mixture)
95476 o-Xylenes
108383 m-Xylenes
106423 p-Xylenes
0 Antimony Compounds
0 Arsenic Compounds (inorganic including arsine)
0 Beryllium Compounds
0 Cadmium Compounds
0 Chromium Compounds
0 Cobalt Compounds
0 Coke Oven Emissions
0 Cyanide Compounds1
0 Glycol ethers2
0 Lead Compounds
0 Manganese Compounds
0 Mercury Compounds
0 Fine mineral fibers3
0 Nickel Compounds
0 Polycylic Organic Matter4
0 Radionuclides (including radon)5
0 Selenium Compounds
NOTE: For all listings above which contain the word "compounds" and for glycol ethers, the following
applies: Unless otherwise specified, these listings are defined as including any unique chemical substance
that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure.
1 X'CN where X = H' or any other group where a formal dissociation may occur. For example KCN or Ca(CN)2
2 Includes mono- and di- ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2)n -
OR' where
n = 1, 2, or 3
R = alkyl or aryl groups
R' = R, H, or groups which, when removed, yield glycol ethers with the structure: R-(OCH2CH)n-OH.
Polymers are excluded from the glycol category.
3 Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers
(or other mineral derived fibers) of average diameter 1 micrometer or less.
4 Includes organic compounds with more than one benzene ring, and which have a boiling point greater than
or equal to 100 « C.
5 A type of atom which spontaneously undergoes radioactive decay.

(2) Revision of the list.- The Administrator shall period-
ically review the list established by this subsection and
publish the results thereof and, where appropriate, revise
such list by rule, adding pollutants which present, or may
present, through inhalation or other routes of exposure, a

55



threat of adverse human health effects (including, but not
limited to, substances which are known to be, or may reason-
ably be anticipated to be, carcinogenic, mutagenic,
teratoge-nic, neurotoxic, which cause reproductive
dysfunction, or which are acutely or chronically toxic) or
adverse environ-mental effects whether through ambient
concentrations, bioac-cumulation, deposition, or otherwise,
but not including re-leases subject to regulation under
subsection (r) as a result of emissions to the air. No air
pollutant which is listed under section 108(a) may be added
to the list under this section, except that the prohibition
of this sentence shall not apply to any pollutant which
independently meets the listing criteria of this paragraph
and is a precursor to a pollutant which is listed under
section 108(a) or to any pollutant which is in a class of
pollutants listed under such section. No substance,
practice, process or activity regula-ted under title VI of
this Act shall be subject to regulation under this section
solely due to its adverse effects on the environment.
(3) Petitions to modify the list.-
(A) Beginning at any time after 6 months after the date
of enactment of the Clean Air Act Amendments of 1990, any
person may petition the Administrator to modify the list
of hazardous air pollutants under this subsection by
adding or deleting a substance or, in case of listed
pollutants with-out CAS numbers (other than coke oven
emissions, mineral fibers, or polycyclic organic matter)
removing certain unique substances. Within 18 months after
receipt of a petition, the Administrator shall either
grant or deny the petition by publishing a written
explanation of the reasons for the Administrator's
decision. Any such petition shall include a showing by the
petitioner that there is adequate data on the health or
environmental defects of the pollu-tant or other evidence
adequate to support the petition. The Administrator may
not deny a petition solely on the basis of inadequate
resources or time for review.
(B) The Administrator shall add a substance to the list
upon a showing by the petitioner or on the Administrator's
own determination that the substance is an air pollutant
and that emissions, ambient concentrations,
bioaccumulation or deposition of the substance are known
to cause or may reasonably be anticipated to cause adverse
effects to human health or adverse environmental effects.
(C) The Administrator shall delete a substance from the
list upon a showing by the petitioner or on the
Administrator's own determination that there is adequate
data on the health and environmental effects of the
substance to determine that emissions, ambient
concentrations, bioaccumulation or deposition of the
substance may not reasonably be anticipated to cause any
adverse effects to the human health or adverse
environmental effects.
(D) The Administrator shall delete one or more unique
chemical substances that contain a listed hazardous air
pollutant not having a CAS number (other than coke oven


56





emissions, mineral fibers, or polycyclic organic matter)
upon a showing by the petitioner or on the Administrator's
own determination that such unique chemical substances
that contain the named chemical of such listed hazardous
air pollutant meet the deletion requirements of
subparagraph (C). The Administrator must grant or deny a
deletion petition prior to promulgating any emission
standards pursuant to subsection (d) applicable to any
source category or subcategory of a listed hazardous air
pollutant without a CAS number listed under subsection (b)
for which a deletion petition has been filed within 12
months of the date of enactment of the Clean Air Act
Amendments of 1990.
(4) Further information.- If the Administrator determines
that information on the health or environmental effects of a
substance is not sufficient to make a determination required
by this subsection, the Administrator may use any authority
available to the Administrator to acquire such information.
(5) Test methods.- The Administrator may establish, by
rule, test measures and other analytic procedures for
monitoring and measuring emissions, ambient concentrations,
deposition, and bioaccumulation of hazardous air pollutants.

(6) Prevention of significant deterioration.- The provi-
sions of part C (prevention of significant deterioration)
shall not apply to pollutants listed under this section.
(7) Lead.- The Administrator may not list elemental lead
as a hazardous air pollutant under this subsection.
(c) List of Source Categories.-
(1) In general.- Not later than 12 months after the date
of enactment of the Clean Air Act Amendments of 1990, the
Admin-istrator shall publish, and shall from time to time,
but no less often than every 8 years, revise, if
appropriate, in re-sponse to public comment or new
information, a list of all categories and subcategories of
major sources and area sour-ces (listed under paragraph (3))
of the air pollutants listed pursuant to subsection (b). To
the extent practicable, the categories and subcategories
listed under this subsection
shall be consistent with the list of source categories es-
tablished pursuant to section 111 and part C. Nothing in the
preceding sentence limits the Administrator's authority to
establish subcategories under this section, as appropriate.
(2) Requirement for emissions standards.- For the catego-
ries and subcategories the Administrator lists, the Adminis-
trator shall establish emissions standards under subsection
(d), according to the schedule in this subsection and
subsection (e).
(3) Area sources.- The Administrator shall list under this
subsection each category or subcategory of area sources
which the Administrator finds presents a threat of adverse
effects to human health or the environment (by such sources
individually or in the aggregate) warranting regulation
under this section. The Administrator shall, not later than
5 years after the date of enactment of the Clean Air Act

57





Amendments of 1990 and pursuant to subsection (k)(3)(B),
list, based on actual or estimated aggregate emissions of a
listed pollutant or pollutants, sufficient categories or
subcategories of area sources to ensure that area sources
representing 90 percent of the area source emissions of the
30 hazardous air pollutants that present the greatest threat
to public health in the largest number of urban areas are
subject to regulation under this section. Such regulations
shall be promulgated not later than 10 years after such date
of enactment.
(4) Previously regulated categories.- The Administrator
may, in the Administrator's discretion, list any category or
subcategory of sources previously regulated under this
section as in effect before the date of enactment of the
Clean Air Act Amendments of 1990.
(5) Additional categories.- In addition to those
categories and subcategories of sources listed for
regulation pursuant to paragraphs (1) and (3), the
Administrator may at any time list additional categories and
subcategories of sources of hazardous air pollutants
according to the same criteria for listing applicable under
such paragraphs. In the case of source categories and
subcategories listed after publication of the initial list
required under paragraph (1) or (3), emission standards
under subsection (d) for the category or subcategory shall
be promulgated within 10 years after the date of enactment
of the Clean Air Act Amendments of 1990, or within 2 years
after the date on which such category or subcategory is
listed, whichever is later.
(6) Specific pollutants.- With respect to alkylated lead
compounds, polycyclic organic matter, hexachlorobenzene,
mercury, polychlorinated biphenyls, 2,3,7,8-tetrachlorodi-
benzofurans and 2,3,7,8-tetrachlorodibenzo-p-dioxin, the
Administrator shall, not later than 5 years after the date
of enactment of the Clean Air Act Amendments of 1990, list
categories and subcategories of sources assuring that
sources accounting for not less than 90 per centum of the
aggregate emissions of each such pollutant are subject to
standards under subsection (d)(2) or (d)(4). Such standards
shall be promulgated not later than 10 years after such date
of enactment. This paragraph shall not be construed to
require
the Administrator to promulgate standards for such
pollutants emitted by electric utility steam generating
units.
(7) Research facilities.- The Administrator shall
establish a separate category covering research or
laboratory facilities, as necessary to assure the equitable
treatment of such facilities. For purposes of this section,
"research or laboratory facility" means any stationary
source whose primary purpose is to conduct research and
development into new processes and products, where such
source is operated under the close supervision of
technically trained personnel and is not engaged in the


58





manufacture of products for commercial sale in commerce,
except in a de minimis manner.
(8) Boat manufacturing.- When establishing emissions stan-
dards for styrene, the Administrator shall list boat
manufacturing as a separate subcategory unless the
Administrator finds that such listing would be inconsistent
with the goals and requirements of this Act.
(9) Deletions from the list.-
(A) Where the sole reason for the inclusion of a
source category on the list required under this subsec-
tion is the emission of a unique chemical substance,
the Administrator shall delete the source category from
the list if it is appropriate because of action taken
under either subparagraphs (C) or (D) of subsection
(b)(3).
(B) The Administrator may delete any source category
from the list under this subsection, on petition of any
person or on the Administrator's own motion, whenever
the Administrator makes the following determination or
determinations, as applicable:
(i) In the case of hazardous air pollutants
emitted by sources in the category that may result in
cancer in humans, a determination that no source in
the category (or group of sources in the case of area
sources) emits such hazardous air pollutants in
quantities which may cause a lifetime risk of cancer
greater than one in one million to the individual in
the population who is most exposed to emissions of
such pollutants from the source (or group of sources
in the case of area sources).
(ii) In the case of hazardous air pollutants that
may result in adverse health effects in humans other
than cancer or adverse environmental effects, a
determination that emissions from no source in the
category or subcategory concerned (or group of
sources in the case of area sources) exceed a level
which is adequate to protect public health with an
ample margin of safety and no adverse environmental
effect will result from emissions from any source (or
from a group of sources in the case of area sources).
The Administrator shall grant or deny a petition under
this paragraph within 1 year after the petition is filed.
(d) Emission standards.-
(1) In general.- The Administrator shall promulgate regulations
establishing emission standards for each category or subcategory
of major sources and area sources of hazardous air pollutants
listed for regulation pursuant to subsection (c) in accordance
with the schedules provided in subsections (c) and (e). The
Administrator may distinguish among classes, types, and sizes of
sources within a category or subcategory in establishing such
standards except that, there shall be no delay in the compliance
date for any standard applicable to any source under subsection
(i) as the result of the authority provided by this sentence.
(2) Standards and methods.- Emissions standards promulgated
under this subsection and applicable to new or existing sources

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of hazardous air pollutants shall require the maximum degree of
reduction in emissions of the hazardous air pollutants subject to
this section (including a prohibition on such emissions, where
achievable) that the Administrator, taking into consideration the
cost of achieving such emission reduction, and any non-air
quality health and environmental impacts and energy requirements,
determines is achievable for new or existing sources in the
category or subcategory to which such emission standard applies,
through application of measures, processes, methods, systems or
techniques including, but not limited to, measures which -
(A) reduce the volume of, or eliminate emissions of, such
pollutants through process changes, substitution of materials
or other modifications,
(B) enclose systems or processes to eliminate emissions,
(C) collect, capture or treat such pollutants when released
from a process, stack, storage or fugitive emissions point,
(D) are design, equipment, work practice, or operational
standards (including requirements for operator training or
certification) as provided in subsection (h), or
(E) are a combination of the above.
None of the measures described in subparagraphs (A) through (D)
shall, consistent with the provisions of section 114(c), in any
way compromise any United States patent or United States
trademark right, or any confidential business information, or any
trade secret or any other intellectual property right.
(3) New and existing sources.- The maximum degree of reduction
in emissions that is deemed achievable for new sources in a
category or subcategory shall not be less stringent than the
emission control that is achieved in practice by the best
controlled similar source, as determined by the Administrator.
Emission standards promulgated under this subsection for existing
sources in a category or subcategory may be less stringent than
standards for new sources in the same category or subcategory but
shall not be less stringent, and may be more stringent than -
(A) the average emission limitation achieved by the best
performing 12 percent of the existing sources (for which the
Administrator has emissions information), excluding those
sources that have, within 18 months before the emission
standard is proposed or within 30 months before such standard
is promulgated, whichever is later, first achieved a level of
emission rate or emission reduction which complies, or would
comply if the source is not subject to such standard, with the
lowest achievable emission rate (as defined by section 171)
applicable to the source category and prevailing at the time,
in the category or subcategory for categories and subcategories
with 30 or more sources, or
(B) the average emission limitation achieved by the best
performing 5 sources (for which the Administrator has or could
reasonably obtain emissions information) in the category or
subcategory for categories or subcategories with fewer than 30
sources.
(4) Health threshold.- With respect to pollutants for which a
health threshold has been established, the Administrator may
consider such threshold level, with an ample margin of safety,
when establishing emission standards under this subsection.

60





(5) Alternative standard for area sources.- With respect only
to categories and subcategories of area sources listed pursuant
to subsection (c), the Administrator may, in lieu of the
authorities provided in paragraph (2) and subsection (f), elect
to promulgate standards or requirements applicable to sources in
such categories or subcategories which provide for the use of
generally available control technologies or management practices
by such sources to reduce emissions of hazardous air pollutants.
(6) Review and revision.- The Administrator shall review, and
revise as necessary (taking into account developments in practic-
es, processes, and control technologies), emission standards
promulgated under this section no less often than every 8 years.
(7) Other requirements preserved.- No emission standard or
other requirement promulgated under this section shall be
interpreted, construed or applied to diminish or replace the
requirements of a more stringent emission limitation or other
applicable requirement established pursuant to section 111, part
C or D, or other authority of this Act or a standard issued under
State authority.
(8) Coke Ovens.-
(A) Not later than December 31, 1992, the Administrator
shall promulgate regulations establishing emission standards
under paragraphs (2) and (3) of this subsection for coke
oven batteries. In establishing such standards, the
Administrator shall evaluate -
(i) the use of sodium silicate (or equivalent) luting
compounds to prevent door leaks, and other operating
practices and technologies for their effectiveness in
reducing coke oven emissions, and their suitability for
use on new and existing coke oven batteries, taking into
account costs and reasonable commercial door warranties;
and
(ii) as a basis for emission standards under this
subsection for new coke oven batteries that begin
construction after the date of proposal of such standards,
the Jewell design Thompson non-recovery coke oven
batteries and other non-recovery coke oven technologies,
and other appropriate emission control and coke production
technologies, as to their effectiveness in reducing coke
oven emissions and their capability for production of
steel quality coke.
Such regulations shall require at a minimum that coke oven
batteries will not exceed 8 per centum leaking doors, 1 per
centum leaking lids, 5 per centum leaking offtakes, and 16
seconds visible emissions per charge, with no exclusion for
emissions during the period after the closing of self-sealing
oven doors. Notwithstanding subsection (i), the compliance date
for such emission standards for existing coke oven batteries
shall be December 31, 1995.
(B) The Administrator shall promulgate work practice
regulations under this subsection for coke oven batteries
requiring, as appropriate -
(i) the use of sodium silicate (or equivalent) luting
compounds, if the Administrator determines that use of
sodium silicate is an effective means of emissions control

61





and is achievable, taking into account costs and
reasonable commercial warranties for doors and related
equipment; and
(ii) door and jam cleaning practices.
Notwithstanding subsection (i), the compliance date for
such work practice regulations for coke oven batteries
shall be not later than the date 3 years after the date of
enactment of the Clean Air Act Amendments of 1990.
(C) For coke oven batteries electing to qualify for an
extension of the compliance date for standards promulgated
under subsection (f) in accordance with subsection (i)(8),
the emission standards under this subsection for coke oven
batteries shall require that coke oven batteries not
exceed 8 per centum leaking doors, 1 per centum leaking
lids, 5 per centum leaking offtakes, and 16 seconds
visible emissions per charge, with no exclusion for
emissions during the period after the closing of
self-sealing doors. Notwithstanding subsection (i), the
compliance date for such emission standards for existing
coke oven batteries seeking an extension shall be not
later than the date 3 years after the date of enactment of
the Clean Air Act Amendments of 1990.
(9) Sources licensed by the nuclear regulatory commission.-
No standard for radionuclide emissions from any category or
subcategory of facilities licensed by the Nuclear Regulatory
Commission (or an Agreement State) is required to be
promulgated under this section if the Administrator determines,
by rule, and after consultation with the Nuclear Regulatory
Commission, that the regulatory program established by the
Nuclear Regulatory Commission pursuant to the Atomic Energy Act
for such category
or subcategory provides an ample margin of safety to protect
the public health. Nothing in this subsection shall preclude or
deny the right of any State or political subdivision thereof to
adopt or enforce any standard or limitation respecting
emissions of radionuclides which is more stringent than the
standard or limitation in effect under section 111 or this
section.
(10) Effective date.- Emission standards or other
regulations promulgated under this subsection shall be
effective upon promulgation.
(e) Schedule for standards and review.-
(1) In general.- The Administrator shall promulgate regula-
tions establishing emission standards for categories and
subcategories of sources initially listed for regulation
pursuant to subsection (c)(1) as expeditiously as practicable,
assuring that -
(A) emission standards for not less than 40 categories and
subcategories (not counting coke oven batteries) shall be
promulgated not later than 2 years after the date of enact-
ment of the Clean Air Act Amendments of 1990;
(B) emission standards for coke oven batteries shall be
promulgated not later than December 31, 1992;
(C) emission standards for 25 per centum of the listed
categories and subcategories shall be promulgated not later

62





than 4 years after the date of enactment of the Clean Air
Act Amendments of 1990;
(D) emission standards for an additional 25 per centum of
the listed categories and subcategories shall be promulgated
not later than 7 years after the date of enactment of the
Clean Air Act Amendments of 1990; and
(E) emission standards for all categories and
subcategories shall be promulgated not later than 10 years
after the date of enactment of the Clean Air Act Amendments
of 1990.
(2) In determining priorities for promulgating standards
under subsection (d), the Administrator shall consider -
(A) the known or anticipated adverse effects of such
pollutants on public health and the environment;
(B) the quantity and location of emissions or reasonably
anticipated emissions of hazardous air pollutants that each
category or subcategory will emit; and
(C) the efficiency of grouping categories or subcategories
according to the pollutants emitted, or the processes or
technologies used.
(3) Published schedule.- Not later than 24 months after the
date of enactment of the Clean Air Act Amendments of 1990 and
after opportunity for comment, the Administrator shall publish
a schedule establishing a date for the promulgation of emission
standards for each category and subcategory of sources listed
pursuant to subsection (c)(1) and (3) which shall be consistent
with the requirements of paragraphs (1) and (2). The determina-
tion of priorities for the promulgation of standards pursuant
to this paragraph is not a rulemaking and shall not be subject
to judicial review, except that, failure to promulgate any
standard
pursuant to the schedule established by this paragraph shall be
subject to review under section 304 of this Act.
(4) Judicial review.- Notwithstanding section 307 of this
Act, no action of the Administrator adding a pollutant to the
list under subsection (b) or listing a source category or
subcategory under subsection (c) shall be a final agency action
subject to judicial review, except that any such action may be
reviewed under such section 307 when the Administrator issues
emission standards for such pollutant or category.
(5) Publicly owned treatment works.- The Administrator shall
promulgate standards pursuant to subsection (d) applicable to
publicly owned treatment works (as defined in title II of the
Federal Water Pollution Control Act) not later than 5 years
after the date of enactment of the Clean Air Act Amendments of
1990.
(f) Standard To Protect Health and the Environment.-
(1) Report.- Not later than 6 years after the date of
enactment of the Clean Air Act Amendments of 1990 the Adminis-
trator shall investigate and report, after consultation with
the Surgeon General and after opportunity for public comment,
to Congress on -
(A) methods of calculating the risk to public health
remaining, or likely to remain, from sources subject to


63





regulation under this section after the application of
standards under subsection (d);
(B) the public health significance of such estimated
remaining risk and the technologically and commercially
available methods and costs of reducing such risks;
(C) the actual health effects with respect to persons
living in the vicinity of sources, any available
epidemiological or other health studies, risks presented by
background concentrations of hazardous air pollutants, any
uncertainties in risk assessment methodology or other health
assessment technique, and any negative health or
environmental consequences to the community of efforts to
reduce such risks; and
(D) recommendations as to legislation regarding such
remaining risk.
(2) Emission standards.-
(A) If Congress does not act on any recommendation submit-
ted under paragraph (1), the Administrator shall, within 8
years after promulgation of standards for each category or
subcate-gory of sources pursuant to subsection (d), promul-
gate stand-ards for such category or subcategory if
promulgation of such standards is required in order to
provide an ample margin of safety to protect public health
in accordance with this sec-tion (as in effect before the
date of enactment of the Clean Air Act Amendments of 1990)
or to prevent, taking into consid-eration costs, energy,
safety, and other relevant factors, an adverse environmental
effect. Emission standards promulgated under this subsection
shall provide an ample margin of safety to protect public
health in accordance
with this section (as in effect before the date of enactment
of the Clean Air Act Amendments of 1990), unless the
Administrator determines that a more stringent standard is
necessary to prevent, taking into consideration costs,
energy, safety, and other relevant factors, an adverse
environmental effect. If standards promulgated pursuant to
subsection (d) and applicable to a category or subcategory
of sources emitting a pollutant (or pollutants) classified
as a known, probable or possible human carcinogen do not
reduce lifetime excess cancer risks to the individual most
exposed to emissions from a source in the category or
subcategory to less than one in one million, the
Administrator shall promulgate standards under this
subsection for such source category.
(B) Nothing in subparagraph (A) or in any other provision
of this section shall be construed as affecting, or applying
to the Administrator's interpretation of this section, as in
effect before the date of enactment of the Clean Air Act
Amendments of 1990 and set forth in the Federal Register of
September 14, 1989 (54 Federal Register 38044).
(C) The Administrator shall determine whether or not to
promulgate such standards and, if the Administrator decides
to promulgate such standards, shall promulgate the standards
8 years after promulgation of the standards under subsection
(d) for each source category or subcategory concerned. In

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the case of categories or subcategories for which standards
under subsection (d) are required to be promulgated within 2
years after the date of enactment of the Clean Air Act
Amendments of 1990, the Administrator shall have 9 years
after promulgation of the standards under subsection (d) to
make the determination under the preceding sentence and, if
required, to promulgate the standards under this paragraph.
(3) Effective date.- Any emission standard established
pursuant to this subsection shall become effective upon
promulgation.
(4) Prohibition.- No air pollutant to which a standard under
this subsection applies may be emitted from any stationary
source in violation of such standard, except that in the case
of an existing source -
(A) such standard shall not apply until 90 days after
its effective date, and
(B) the Administrator may grant a waiver permitting
such source a period of up to 2 years after the effective
date of a standard to comply with the standard if the
Administrator finds that such period is necessary for the
installation of controls and that steps will be taken
during the period of the waiver to assure that the health
of persons will be protected from imminent endangerment.
(5) Area sources.- The Administrator shall not be required
to conduct any review under this subsection or promulgate
emission limitations under this subsection for any category or
subcate-gory of area sources that is listed pursuant to
subsection
(c)(3) and for which an emission standard is promulgated
pursuant to subsection (d)(5).
(6) Unique chemical substances.- In establishing standards
for the control of unique chemical substances of listed
pollutants without CAS numbers under this subsection, the
Administrator shall establish such standards with respect to
the health and environmental effects of the substances actually
emitted by sources and direct transformation byproducts of such
emissions in the categories and subcategories.
(g) Modifications.-
(1) Offsets.-
(A) A physical change in, or change in the method of
operation of, a major source which results in a greater than
de minimis increase in actual emissions of a hazardous air
pollutant shall not be considered a modification, if such
increase in the quantity of actual emissions of any
hazardous air pollutant from such source will be offset by
an equal or greater decrease in the quantity of emissions of
another hazardous air pollutant (or pollutants) from such
source which is deemed more hazardous, pursuant to guidance
issued by the Administrator under subparagraph (B). The
owner or operator of such source shall submit a showing to
the Administrator (or the State) that such increase has been
offset under the preceding sentence.
(B) The Administrator shall, after notice and opportunity
for comment and not later than 18 months after the date of
enactment of the Clean Air Act Amendments of 1990, publish

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guidance with respect to implementation of this subsection.
Such guidance shall include an identification, to the extent
practicable, of the relative hazard to human health
resulting from emissions to the ambient air of each of the
pollutants listed under subsection (b) sufficient to
facilitate the offset showing authorized by subparagraph
(A). Such guidance shall not authorize offsets between
pollutants where the increased pollutant (or more than one
pollutant in a stream of pollutants) causes adverse effects
to human health for which no safety threshold for exposure
can be determined unless there are corresponding decreases
in such types of pollutant(s).
(2) Construction, reconstruction and modifications.-
(A) After the effective date of a permit program under
title V in any State, no person may modify a major source of
hazardous air pollutants in such State, unless the Adminis-
trator (or the State) determines that the maximum achievable
control technology emission limitation under this section
for existing sources will be met. Such determination shall
be made on a case-by-case basis where no applicable
emissions limitations have been established by the
Administrator.
(B) After the effective date of a permit program under
title V in any State, no person may construct or reconstruct
any major source of hazardous air pollutants, unless the
Administrator (or the State) determines that the maximum
achievable control technology emission limitation under this
section for new sources will be met. Such determination
shall be made on a case-by-case basis where no applicable
emission limitations have been established by the
Administrator.
(3) Procedures for modifications.- The Administrator (or
the State) shall establish reasonable procedures for assuring
that the requirements applying to modifications under this
section are reflected in the permit.
(h) Work Practice Standards and Other Requirements.-
(1) In general.- For purposes of this section, if it is not
feasible in the judgment of the Administrator to prescribe or
enforce an emission standard for control of a hazardous air
pollutant or pollutants, the Administrator may, in lieu
thereof, promulgate a design, equipment, work practice, or
operational standard, or combination thereof, which in the
Administrator's judgment is consistent with the provisions of
subsection (d) or (f). In the event the Administrator
promulgates a design or equipment standard under this
subsection, the Administrator shall include as part of such
standard such requirements as will assure the proper operation
and maintenance of any such element of design or equipment.
(2) Definition.- For the purpose of this subsection, the
phrase "not feasible to prescribe or enforce an emission
standard" means any situation in which the Administrator
determines that -
(A) a hazardous air pollutant or pollutants cannot be
emitted through a conveyance designed and constructed to
emit or capture such pollutant, or that any requirement for,

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or use of, such a conveyance would be inconsistent with any
Federal, State or local law, or
(B) the application of measurement methodology to a
particular class of sources is not practicable due to
technological and economic limitations.
(3) Alternative standard.- If after notice and opportunity
for comment, the owner or operator of any source establishes to
the satisfaction of the Administrator that an alternative means
of emission limitation will achieve a reduction in emissions of
any air pollutant at least equivalent to the reduction in
emissions of such pollutant achieved under the requirements of
paragraph (1), the Administrator shall permit the use of such
alternative by the source for purposes of compliance with this
section with respect to such pollutant.
(4) Numerical standard required.- Any standard promulgated
under paragraph (1) shall be promulgated in terms of an
emission standard whenever it is feasible to promulgate and
enforce a standard in such terms.
(i) Schedule for Compliance.-
(1) Preconstruction and operating requirements.- After the
effective date of any emission standard, limitation, or regula-
tion under subsection (d), (f) or (h), no person may construct
any new major source or reconstruct any existing major source
subject to such emission standard, regulation or limitation
unless the Administrator (or a State with a permit program
approved under title V) determines that such source, if
properly constructed, reconstructed and operated, will comply
with the standard, regulation or limitation.
(2) Special rule.- Notwithstanding the requirements of
paragraph (1), a new source which commences construction or
reconstruction after a standard, limitation or regulation
applicable to such source is proposed and before such standard,
limitation or regulation is promulgated shall not be required
to comply with such promulgated standard until the date 3 years
after the date of promulgation if -
(A) the promulgated standard, limitation or regulation is
more stringent than the standard, limitation or regulation
proposed; and
(B) the source complies with the standard, limitation, or
regulation as proposed during the 3-year period immediately
after promulgation.
(3) Compliance schedule for existing sources.-
(A) After the effective date of any emissions standard,
limitation or regulation promulgated under this section and
applicable to a source, no person may operate such source in
violation of such standard, limitation or regulation except,
in the case of an existing source, the Administrator shall
establish a compliance date or dates for each category or
subcategory of existing sources, which shall provide for
compliance as expeditiously as practicable, but in no event
later than 3 years after the effective date of such
standard, except as provided in subparagraph (B) and
paragraphs (4) through (8).
(B) The Administrator (or a State with a program approved
under title V) may issue a permit that grants an extension

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permitting an existing source up to 1 additional year to
comply with standards under subsection (d) if such
additional period is necessary for the installation of
controls. An additional extension of up to 3 years may be
added for mining waste operations, if the 4-year compliance
time is insufficient to dry and cover mining waste in order
to reduce emissions of any pollutant listed under subsection
(b).
(4) Presidential exemption.- The President may exempt any
stationary source from compliance with any standard or limita-
tion under this section for a period of not more than 2 years
if the President determines that the technology to implement
such standard is not available and that it is in the national
security interests of the United States to do so. An exemption
under this paragraph may be extended for 1 or more additional
periods, each period not to exceed 2 years. The President shall (continued)