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(continued)
report to Congress with respect to each exemption (or extension
thereof) made under this paragraph.
(5) Early reduction.-
(A) The Administrator (or a State acting pursuant to a
permit program approved under title V) shall issue a
permit allowing an existing source, for which the owner or
operator demonstrates that the source has achieved a
reduction of 90 per centum or more in emissions of
hazardous air pollutants (95 per centum in the case of
hazardous air pollutants which are particulates) from the
source, to meet an alternative emission limitation
reflecting such reduction in lieu of an emission
limitation promulgated under subsection (d) for a period
of 6 years from the compliance date for the otherwise
applicable standard, provided that such reduction is
achieved before the otherwise applicable standard under
subsection (d) is first proposed. Nothing in this
paragraph shall preclude a State from requiring reductions
in excess of those specified in this subparagraph as a
condition of granting the extension authorized by the
previous sentence.
(B) An existing source which achieves the reduction
referred to in subparagraph (A) after the proposal of an
applicable standard but before January 1, 1994, may
qualify under subparagraph (A), if the source makes an
enforceable commitment to achieve such reduction before
the proposal of the standard. Such commitment shall be
enforceable to the same extent as a regulation under this
section.
(C) The reduction shall be determined with respect to
verifiable and actual emissions in a base year not earlier
than calendar year 1987, provided that, there is no
evidence that emissions in the base year are artificially
or substantially greater than emissions in other years
prior to implementation of emissions reduction measures.
The Administrator may allow a source to use a baseline
year of 1985 or 1986 provided that the source can
demonstrate to the satisfaction of the Administrator that
emissions data for the source reflects verifiable data
68
based on information for such source, received by the
Administrator prior to the enactment of the Clean Air Act
Amendments of 1990, pursuant to an information request
issued under section 114.
(D) For each source granted an alternative emission
limitation under this paragraph there shall be established
by a permit issued pursuant to title V an enforceable
emission limitation for hazardous air pollutants
reflecting the reduction which qualifies the source for an
alternative emission limitation under this paragraph. An
alternative emission limitation under this paragraph shall
not be available with respect to standards or requirements
promulgated pursuant to subsection (f) and the
Administrator shall, for the purpose of determining
whether a standard under subsection (f) is necessary,
review emissions from sources granted an alternative
emission limitation under this paragraph at the same time
that other sources in the category or subcategory are
reviewed.
(E) With respect to pollutants for which high risks of
adverse public health effects may be associated with
exposure to small quantities including, but not limited
to, chlorinated dioxins and furans, the Administrator
shall by regulation limit the use of offsetting reductions
in
emissions of other hazardous air pollutants from the
source as counting toward the 90 per centum reduction in
such high-risk pollutants qualifying for an alternative
emissions limitation under this paragraph.
(6) Other reductions.- Notwithstanding the requirements of
this section, no existing source that has installed -
(A) best available control technology (as defined in
section 169(3)), or
(B) technology required to meet a lowest achievable
emission rate (as defined in section 171),
prior to the promulgation of a standard under this section
applicable to such source and the same pollutant (or stream
of pollutants) controlled pursuant to an action described in
subparagraph (A) or (B) shall be required to comply with
such standard under this section until the date 5 years
after the date on which such installation or reduction has
been achieved, as determined by the Administrator. The
Administrator may issue such rules and guidance as are
necessary to implement this paragraph.
(7) EXTENSION FOR NEW SOURCES.- A source for which con-
struction or reconstruction is commenced after the date an
emission standard applicable to such source is proposed
pursuant to subsection (d) but before the date an emission
standard applicable to such source is proposed pursuant to
subsection (f) shall not be required to comply with the
emission standard under subsection (f) until the date 10
years after the date construction or reconstruction is
commenced.
(8) Coke ovens.
69
(A) Any coke oven battery that complies with the
emission limitations established under subsection
(d)(8)(C), subparagraph (B), and subparagraph (C), and
complies with the provisions of subparagraph (E), shall
not be required to achieve emission limitations promul-
gated under subsection (f) until January 1, 2020.
(B)(i) Not later than December 31, 1992, the Adminis-
trator shall promulgate emission limitations for coke
oven emissions from coke oven batteries. Notwith-
standing paragraph (3) of this subsection, the compli-
ance date for such emission limitations for existing
coke oven batteries shall be January 1, 1998. Such
emission limita-tions shall reflect the lowest achiev-
able emission rate as defined in section 171 for a coke
oven battery that is rebuilt or a replacement at a coke
oven plant for an existing battery. Such emission
limitations shall be no less stringent than -
(I) 3 per centum leaking doors (5 per centum
leaking doors for six meter batteries);
(II) 1 per centum leaking lids;
(III) 4 per centum leaking offtakes; and
(IV) 16 seconds visible emissions per charge,
with an exclusion for emissions during the period after
the closing of self-sealing oven doors (or the total
mass emissions equivalent). The rulemaking in which
such emission limitations are promulgated shall also
estab-
lish an appropriate measurement methodology for deter-
mining compliance with such emission limitations, and
shall establish such emission limitations in terms of
an equivalent level of mass emissions reduction from a
coke oven battery, unless the Administrator finds that
such a mass emissions standard would not be practicable
or enforceable. Such measurement methodology, to the
extent it measures leaking doors, shall take into
consideration alternative test methods that reflect the
best technology and practices actually applied in the
affected industries, and shall assure that the final
test methods are consistent with the performance of
such best technology and practices.
(ii) If the Administrator fails to promulgate such
emission limitations under this subparagraph prior to
the effective date of such emission limitations, the
emission limitations applicable to coke oven batteries
under this subparagraph shall be -
(I) 3 per centum leaking doors (5 per centum
leaking doors for six meter batteries);
(II) 1 per centum leaking lids;
(III) 4 per centum leaking offtakes; and
(IV) 16 seconds visible emissions per charge,
or the total mass emissions equivalent (if the total
mass emissions equivalent is determined to be practica-
ble and enforceable), with no exclusion for emissions
during the period after the closing of self-sealing
oven doors.
70
(C) Not later than January 1, 2007, the Administrator
shall review the emission limitations promulgated under
subparagraph (B) and revise, as necessary, such
emission limitations to reflect the lowest achievable
emission rate as defined in section 171 at the time for
a coke oven battery that is rebuilt or a replacement at
a coke oven plant for an existing battery. Such
emission limitations shall be no less stringent than
the emission limitation promulgated under subparagraph
(B). Notwithstanding paragraph (2) of this subsection,
the compliance date for such emission limitations for
existing coke oven batteries shall be January 1, 2010.
(D) At any time prior to January 1, 1998, the owner
or operator of any coke oven battery may elect to
comply with emission limitations promulgated under
subsection (f) by the date such emission limitations
would otherwise apply to such coke oven battery, in
lieu of the emission limitations and the compliance
dates provided under subparagraphs (B) and (C) of this
paragraph. Any such owner or operator shall be legally
bound to comply with such emission limitations
promulgated under subsection (f) with respect to such
coke oven battery as of January 1, 2003. If no such
emission limitations have been promulgated for such
coke oven battery, the Administrator shall promulgate
such emission limitations in accordance with subsection
(f) for such coke oven battery.
(E) Coke oven batteries qualifying for an extension
under subparagraph (A) shall make available not later
than January 1, 2000, to the surrounding communities
the results of any risk assessment performed by the
Adminis-trator to determine the appropriate level of
any emis-sion standard established by the Administrator
pursuant to subsection (f).
(F) Notwithstanding the provisions of this section,
reconstruction of any source of coke oven emissions
qualifying for an extension under this paragraph shall
not subject such source to emission limitations under
subsection (f) more stringent than those established
under subparagraphs (B) and (C) until January 1, 2020.
For the purposes of this subparagraph, the term "recon-
struction" includes the replacement of existing coke
oven battery capacity with new coke oven batteries of
comparable or lower capacity and lower potential
emissions.
(j) Equivalent Emission Limitation by Permit.-
(1) Effective date.- The requirements of this subsection
shall apply in each State beginning on the effective date of
a permit program established pursuant to title V in such
State, but not prior to the date 42 months after the date of
enactment of the Clean Air Act Amendments of 1990.
(2) Failure to promulgate a standard.- In the event that
the Administrator fails to promulgate a standard for a
category or subcategory of major sources by the date estab-
lished pursuant to subsection (e)(1) and (3), and beginning
71
18 months after such date (but not prior to the effective
date of a permit program under title V), the owner or
operator of any major source in such category or subcategory
shall submit a permit application under paragraph (3) and
such owner or operator shall also comply with paragraphs (5)
and (6).
(3) Applications.- By the date established by paragraph
(2), the owner or operator of a major source subject to this
sub-section shall file an application for a permit. If the
owner or operator of a source has submitted a timely and
complete application for a permit required by this subsec-
tion, any fai-lure to have a permit shall not be a violation
of paragraph (2), unless the delay in final action is due to
the failure of the applicant to timely submit information
required or reques-ted to process the application. The
Administrator shall not later than 18 months after the date
of enactment of the Clean Air Act Amendments of 1990, and
after notice and opportunity for comment, establish require-
ments for applications under this subsection including a
standard application form and criteria for determining in a
timely manner the completeness of applications.
(4) Review and approval.- Permit applications submitted
under this subsection shall be reviewed and approved or
disapproved according to the provisions of section 505. In
the event that the Administrator (or the State)disapproves a
permit applica-tion submitted under this subsection or
determines that the application is incomplete, the applicant
shall have up to 6 months to revise the application to meet
the objections of the Administrator (or the State).
(5) Emission limitation.- The permit shall be issued
pursuant to title V and shall contain emission limitations
for the hazardous air pollutants subject to regulation under
this section and emitted by the source that the
Administrator (or the State) determines, on a case-by-case
basis, to be equivalent to the limitation that would apply
to such source if an emission standard had been promulgated
in a timely manner under subsection (d). In the alternative,
if the applicable criteria are met, the permit may contain
an emissions limitation established according to the
provisions of subsection (i)(5). For purposes of the
preceding sentence, the reduction required by subsection
(i)(5)(A) shall be achieved by the date on which the
relevant standard should have been promulgated under
subsection (d). No such pollutant may be emitted in amounts
exceeding an emission limitation contained in a permit
immediately for new sources and, as expeditiously as
practicable, but not later than the date 3 years after the
permit is issued for existing sources or such other
compliance date as would apply under subsection (i).
(6) Applicability of subsequent standards.- If the
Administrator promulgates an emission standard that is
applicable to the major source prior to the date on which a
permit application is approved, the emission limitation in
the permit shall reflect the promulgated standard rather
than the emission limitation determined pursuant to
72
paragraph (5), provided that the source shall have the
compliance period provided under subsection (i). If the
Administrator promulgates a standard under subsection (d)
that would be applicable to the source in lieu of the
emission limitation established by permit under this
subsection after the date on which the permit has been
issued, the Administrator (or the State) shall revise such
permit upon the next renewal to reflect the standard
promulgated by the Administrator providing such source a
reasonable time to comply, but no longer than 8 years after
such standard is promulgated or 8 years after the date on
which the source is first required to comply with the
emissions limitation established by paragraph (5), whichever
is earlier.
(k) Area Source Program.-
(1) Findings and purpose.- The Congress finds that emis-
sions of hazardous air pollutants from area sources may
individual-ly, or in the aggregate, present significant
risks to public health in urban areas. Considering the large
number of persons exposed and the risks of carcinogenic and
other adverse health effects from hazardous air pollutants,
ambient concentrations characteristic of large urban areas
should be reduced to lev-els substantially below those
currently experienced. It is the purpose of this subsection
to achieve a substantial reduction in emissions of hazardous
air pollutants from area sources and an equivalent reduction
in the public health risks associated with such sources
including a reduction of not less than 75 per centum in the
incidence of cancer attributable to emissions from such
sources.
(2) Research program.- The Administrator shall, after
consultation with State and local air pollution control
officials, conduct a program of research with respect to
sources of hazardous air pollutants in urban areas and shall
include within such program -
(A) ambient monitoring for a broad range of hazardous
air pollutants (including, but not limited to, volatile
organic compounds, metals, pesticides and products of
incomplete combustion) in a representative number of urban
locations;
(B) analysis to characterize the sources of such
pollution with a focus on area sources and the
contribution that such sources make to public health risks
from hazardous air pollutants; and
(C) consideration of atmospheric transformation and
other factors which can elevate public health risks from
such pollutants.
Health effects considered under this program shall include,
but not be limited to, carcinogenicity, mutagenicity,
teratogenicity, neurotoxicity, reproductive dysfunction and
other acute and chronic effects including the role of such
pollutants as precursors of ozone or acid aerosol formation.
The Administrator shall report the preliminary results of
such research not later than 3 years after the date of
enactment of the Clean Air Act Amendments of 1990.
73
(3) National strategy.-
(A) Considering information collected pursuant to the
monitoring program authorized by paragraph (2), the
Administrator shall, not later than 5 years after the date
of enactment of the Clean Air Act Amendments of 1990 and
after notice and opportunity for public comment, prepare
and transmit to the Congress a comprehensive strategy to
control emissions of hazardous air pollutants from area
sources in urban areas.
(B) The strategy shall -
(i) identify not less than 30 hazardous air
pollutants which, as the result of emissions from area
sources, present the greatest threat to public health
in the largest number of urban areas and that are or
will be listed pursuant to subsection (b), and
(ii) identify the source categories or subcategories
emitting such pollutants that are or will be listed
pursuant to subsection (c). When identifying categories
and subcategories of sources under this subparagraph,
the Administrator shall assure that sources accounting
for 90 per centum or more of the aggregate emissions
of each of the 30 identified hazardous air pollutants
are subject to standards pursuant to subsection (d).
(C) The strategy shall include a schedule of specific
actions to substantially reduce the public health risks
posed by the release of hazardous air pollutants from area
sources that will be implemented by the Administrator
under the authority of this or other laws (including, but
not limited to, the Toxic Substances Control Act, the
Federal Insecticide, Fungicide and Rodenticide Act and the
Resource Conservation and Recovery Act) or by the States.
The strategy shall achieve a reduction in the incidence of
cancer attributable to exposure to hazardous air
pollutants emitted by stationary sources of not less than
75 per centum, considering control of emissions of
hazardous air pollutants from all stationary sources and
resulting from measures implemented by the Administrator
or by the States under this or other laws.
(D) The strategy may also identify research needs in
monitoring, analytical methodology, modeling or pollution
control techniques and recommendations for changes in law
that would further the goals and objectives of this
subsection.
(E) Nothing in this subsection shall be interpreted to
preclude or delay implementation of actions with respect
to area sources of hazardous air pollutants under
consideration pursuant to this or any other law and that
may be promulgated before the strategy is prepared.
(F) The Administrator shall implement the strategy as
expeditiously as practicable assuring that all sources are
in compliance with all requirements not later than 9 years
after the date of enactment of the Clean Air Act
Amendments of 1990.
(G) As part of such strategy the Administrator shall
provide for ambient monitoring and emissions modeling in
74
urban areas as appropriate to demonstrate that the goals
and objectives of the strategy are being met.
(4) Areawide activities.- In addition to the national
urban air toxics strategy authorized by paragraph (3), the
Administrator shall also encourage and support areawide
strategies developed by State or local air pollution control
agencies that are intended to reduce risks from emissions by
area sources within a particular urban area. From the funds
available for grants under this section, the Administrator
shall set aside not less than 10 per centum to support
areawide strategies addressing hazardous air pollutants
emitted by area sources and shall award such funds on a
demonstration basis to those States with innovative and
effective strategies. At the request of State or local air
pollution control officials, the Administrator shall prepare
guidelines for control technologies or management practices
which may be applicable to various categories or subcatego-
ries of area sources.
(5) Report.- The Administrator shall report to the
Congress at intervals not later than 8 and 12 years after
the date of enactment of the Clean Air Act Amendments of
1990 on actions taken under this subsection and other parts
of this Act to re-duce the risk to public health posed by
the release of hazar-dous air pollutants from area sources.
The reports shall also identify specific metropolitan areas
that continue
to experience high risks to public health as the result of
emissions from area sources.
(l) State Programs.-
(1) In general.- Each State may develop and submit to the
Administrator for approval a program for the implementation
and enforcement (including a review of enforcement delega-
tions previously granted) of emission standards and other
requirements for air pollutants subject to this section or
requirements for the prevention and mitigation of accidental
releases pursuant to subsection (r). A program submitted by
a State under this subsection may provide for partial or
complete delegation of the Administrator's authorities and
responsibilities to implement and enforce emissions
standards and prevention requirements but shall not include
authority to set standards less stringent than those
promulgated by the Administrator under this Act.
(2) Guidance.- Not later than 12 months after the date of
enactment of the Clean Air Act Amendments of 1990, the
Administrator shall publish guidance that would be useful to
the States in developing programs for submittal under this
subsection. The guidance shall also provide for the
registration of all facilities producing, processing,
handling or storing any substance listed pursuant to
subsection (r) in amounts greater than the threshold
quantity. The Administrator shall include as an element in
such guidance an optional program begun in 1986 for the
review of high-risk point sources of air pollutants
including, but not limited to, hazardous air pollutants
listed pursuant to subsection (b).
75
(3) Technical assistance.- The Administrator shall estab-
lish and maintain an air toxics clearinghouse and center to
provide technical information and assistance to State and
local agencies and, on a cost recovery basis, to others on
control technology, health and ecological risk assessment,
risk analysis, ambient monitoring and modeling, and
emissions measurement and monitoring. The Administrator
shall use the authority of section 103 to examine methods
for preventing, measuring, and controlling emissions and
evaluating associated health and ecological risks. Where
appropriate, such activity shall be conducted with
not-for-profit organizations. The Administrator may conduct
research on methods for preventing, measuring and
controlling emissions and evaluating associated health and
environment risks. All information collected under this
paragraph shall be available to the public.
(4) Grants.- Upon application of a State, the
Administrator may make grants, subject to such terms and
conditions as the Administrator deems appropriate, to such
State for the purpose of assisting the State in developing
and implementing a program for submittal and approval under
this subsection. Programs assisted under this paragraph may
include program elements addressing air pollutants or
extremely hazardous substances other than those specifically
subject to this section. Grants under this paragraph may
include support for
high-risk point source review as provided in paragraph (2)
and support for the development and implementation of
areawide area source programs pursuant to subsection (k).
(5) Approval or disapproval.- Not later than 180 days
after receiving a program submitted by a State, and after
notice and opportunity for public comment, the Administrator
shall either approve or disapprove such program. The
Administrator shall disapprove any program submitted by a
State, if the Administrator determines that -
(A) the authorities contained in the program are not
adequate to assure compliance by all sources within the
State with each applicable standard, regulation or
requirement established by the Administrator under this
section;
(B) adequate authority does not exist, or adequate
resources are not available, to implement the program;
(C) the schedule for implementing the program and
assuring compliance by affected sources is not
sufficiently expeditious; or
(D) the program is otherwise not in compliance with the
guidance issued by the Administrator under paragraph (2)
or is not likely to satisfy, in whole or in part, the
objectives of this Act.
If the Administrator disapproves a State program, the
Administrator shall notify the State of any revisions or
modifications necessary to obtain approval. The State may
revise and resubmit the proposed program for review and
approval pursuant to the provisions of this subsection.
76
(6) Withdrawal.- Whenever the Administrator determines,
after public hearing, that a State is not administering and
enforcing a program approved pursuant to this subsection in
accordance with the guidance published pursuant to paragraph
(2) or the requirements of paragraph (5), the Administrator
shall so notify the State and, if action which will assure
prompt compliance is not taken within 90 days, the Adminis-
trator shall withdraw approval of the program. The Adminis-
trator shall not withdraw approval of any program unless the
State shall have been notified and the reasons for
withdrawal shall have been stated in writing and made
public.
(7) Authority to enforce.- Nothing in this subsection
shall prohibit the Administrator from enforcing any
applicable emission standard or requirement under this
section.
(8) Local program.- The Administrator may, after notice
and opportunity for public comment, approve a program
developed and submitted by a local air pollution control
agency (after consultation with the State) pursuant to this
subsection and any such agency implementing an approved
program may take any action authorized to be taken by a
State under this section.
(9) Permit authority.- Nothing in this subsection shall
affect the authorities and obligations of the Administrator
or the State under title V.
(m) Atmospheric Deposition to Great Lakes and Coastal Waters.-
(1) Deposition assessment.- The Administrator, in
cooperation with the Under Secretary of Commerce for Oceans and
Atmosphere, shall conduct a program to identify and assess the
extent of atmospheric deposition of hazardous air pollutants
(and in the discretion of the Administrator, other air
pollutants) to the Great Lakes, the Chesapeake Bay, Lake
Champlain and coastal waters. As part of such program, the
Administrator shall -
(A) monitor the Great Lakes, the Chesapeake Bay, Lake
Champlain and coastal waters, including monitoring of the
Great Lakes through the monitoring network established
pursuant to paragraph (2) of this subsection and designing
and deploying an atmospheric monitoring network for
coastal waters pursuant to paragraph (4);
(B) investigate the sources and deposition rates of
atmospheric deposition of air pollutants (and their
atmospheric transformation precursors);
(C) conduct research to develop and improve monitoring
methods and to determine the relative contribution of
atmospheric pollutants to total pollution loadings to the
Great Lakes, the Chesapeake Bay, Lake Champlain, and
coastal waters;
(D) evaluate any adverse effects to public health or
the environment caused by such deposition (including
effects resulting from indirect exposure pathways) and
assess the contribution of such deposition to violations
of water quality standards established pursuant to the
77
Federal Water Pollution Control Act and drinking water
standards established pursuant to the Safe Drinking Water
Act; and
(E) sample for such pollutants in biota, fish, and
wildlife of the Great Lakes, the Chesapeake Bay, Lake
Champlain and coastal waters and characterize the sources
of such pollutants.
(2) Great lakes monitoring network.- The Administrator shall
oversee, in accordance with Annex 15 of the Great Lakes Water
Quality Agreement, the establishment and operation of a Great
Lakes atmospheric deposition network to monitor atmospheric
deposition of hazardous air pollutants (and in the Administra-
tor's discretion, other air pollutants) to the Great Lakes.
(A) As part of the network provided for in this para-
graph, and not later than December 31, 1991, the Adminis-
trator shall establish in each of the 5 Great Lakes at
least 1 facility capable of monitoring the atmospheric
deposition of hazardous air pollutants in both dry and wet
conditions.
(B) The Administrator shall use the data provided by
the network to identify and track the movement of
hazardous air pollutants through the Great Lakes, to
determine the portion of water pollution loadings
attributable to atmos-pheric deposition of such
pollutants, and to support deve-lopment of remedial action
plans and other management plans as required by the Great
Lakes Water Quality Agreement.
(C) The Administrator shall assure that the data
collected by the Great Lakes atmospheric deposition
monitoring network is in a format compatible with
databases sponsored by the International Joint Commission,
Canada, and the several States of the Great Lakes region.
(3) Monitoring for the chesapeake bay and lake champlain.-
The Administrator shall establish at the Chesapeake Bay and
Lake Champlain atmospheric deposition stations to monitor
deposition of hazardous air pollutants (and in the
Administrator's discretion, other air pollutants) within the
Chesapeake Bay and Lake Champlain watersheds. The Administrator
shall determine the role of air deposition in the pollutant
loadings of the Chesapeake Bay and Lake Champlain, investigate
the sources of air pollutants deposited in the watersheds,
evaluate the health and environmental effects of such pollutant
loadings, and shall sample such pollutants in biota, fish and
wildlife within the watersheds, as necessary to characterize
such effects.
(4) Monitoring for coastal waters.- The Administrator shall
design and deploy atmospheric deposition monitoring networks
for coastal waters and their watersheds and shall make any
information collected through such networks available to the
public. As part of this effort, the Administrator shall conduct
research to develop and improve deposition monitoring methods,
and to determine the relative contribution of atmospheric
pollutants to pollutant loadings. For purposes of this
subsection, "coastal waters" shall mean estuaries selected
pursuant to section 320(a)(2)(A) of the Federal Water Pollution
78
Control Act or listed pursuant to section 320(a)(2)(B) of such
Act or estuarine research reserves designated pursuant to
section 315 of the Coastal Zone Management Act (16 U.S.C.
1461).
(5) Report.- Within 3 years of the date of enactment of the
Clean Air Act Amendments of 1990 and biennially thereafter, the
Administrator, in cooperation with the Under Secretary of
Commerce for Oceans and Atmosphere, shall submit to the
Congress a report on the results of any monitoring, studies,
and investigations conducted pursuant to this subsection. Such
report shall include, at a minimum, an assessment of -
(A) the contribution of atmospheric deposition to
pollution loadings in the Great Lakes, the Chesapeake Bay,
Lake Champlain and coastal waters;
(B) the environmental and public health effects of any
pollution which is attributable to atmospheric deposition
to the Great Lakes, the Chesapeake Bay, Lake Champlain and
coastal waters;
(C) the source or sources of any pollution to the Great
Lakes, the Chesapeake Bay, Lake Champlain and coastal
waters which is attributable to atmospheric deposition;
(D) whether pollution loadings in the Great Lakes, the
Chesapeake Bay, Lake Champlain or coastal waters cause or
contribute to exceedances of drinking water standards pur-
suant to the Safe Drinking Water Act or water quality
standards pursuant to the Federal Water Pollution Control
Act or, with respect to the Great Lakes, exceedances of
the specific objectives of the Great Lakes Water Quality
Agreement; and
(E) a description of any revisions of the requirements,
standards, and limitations pursuant to this Act and other
applicable Federal laws as are necessary to assure protec-
tion of human health and the environment.
(6) Additional regulation.- As part of the report to
Congress, the Administrator shall determine whether the other
provisions of this section are adequate to prevent serious
adverse effects to public health and serious or widespread
environmental effects, including such effects resulting from
indirect exposure pathways, associated with atmospheric
deposition to the Great Lakes, the Chesapeake Bay, Lake
Champlain and coastal waters of hazardous air pollutants (and
their atmospheric transformation products). The Administrator
shall take into consideration the tendency of such pollutants
to bioaccumulate. Within 5 years after the date of enactment of
the Clean Air Act Amendments of 1990, the Administrator shall,
based on such report and determination, promulgate, in
accordance with this section, such further emission standards
or control measures as may be necessary and appropriate to
prevent such effects, including effects due to bioaccumulation
and indirect exposure pathways. Any requirements promulgated
pursuant to this paragraph with respect to coastal waters shall
only apply to the coastal waters of the States which are
subject to section 328(a).
(n) Other provisions.-
(1) Electric utility steam generating units.-
79
(A) The Administrator shall perform a study of the
hazards to public health reasonably anticipated to occur
as a result of emissions by electric utility steam
generating units of pollutants listed under subsection (b)
after imposition of the requirements of this Act. The
Administrator shall report the results of this study to
the Congress within 3 years after the date of the
enactment of the Clean Air Act Amendments of 1990. The
Administrator shall develop and describe in the
Administrator's report to Congress alternative control
strategies for emissions which may warrant regulation
under this section. The Administrator shall regulate
electric utility steam generating units under this
section, if the Administrator finds such regulation is
appropriate and necessary after considering the results of
the study required by this subparagraph.
(B) The Administrator shall conduct, and transmit to
the Congress not later than 4 years after the date of
enactment of the Clean Air Act Amendments of 1990, a study
of mercury emissions from electric utility steam
generating units, mu-nicipal waste combustion units, and
other sources, including area sources. Such study shall
consider the rate and mass of such emissions, the health
and environmental effects of such emissions, technologies
which are available
to control such emissions, and the costs of such technolo-
gies.
(C) The National Institute of Environmental Health
Sciences shall conduct, and transmit to the Congress not
later than 3 years after the date of enactment of the
Clean Air Act Amendments of 1990, a study to determine the
threshold level of mercury exposure below which adverse
human health effects are not expected to occur. Such study
shall include a threshold for mercury concentrations in
the tissue of fish which may be consumed (including
consumption by sensitive populations) without adverse
effects to public health.
(2) Coke oven production technology study.-
(A) The Secretary of the Department of Energy and the
Administrator shall jointly undertake a 6-year study to
assess coke oven production emission control technologies
and to assist in the development and commercialization of
technically practicable and economically viable control
technologies which have the potential to significantly
reduce emissions of hazardous air pollutants from coke
oven production facilities. In identifying control
technologies, the Secretary and the Administrator shall
consider the range of existing coke oven operations and
battery design and the availability of sources of
materials for such coke ovens as well as alternatives to
existing coke oven production design.
(B) The Secretary and the Administrator are authorized
to enter into agreements with persons who propose to
develop, install and operate coke production emission
control technologies which have the potential for signifi-
80
cant emissions reductions of hazardous air pollutants
provided that Federal funds shall not exceed 50 per
centum of the cost of any project assisted pursuant to
this paragraph.
(C) The Secretary shall prepare annual reports to
Congress on the status of the research program and at the
completion of the study shall make recommendations to the
Administrator identifying practicable and economically
viable control technologies for coke oven production
facilities to reduce residual risks remaining after
implementation of the standard under subsection (d).
(D) There are authorized to be appropriated $5,000,000
for each of the fiscal years 1992 through 1997 to carry
out the program authorized by this paragraph.
(3) Publicly owned treatment works.- The Administrator may
conduct, in cooperation with the owners and operators of pub-
licly owned treatment works, studies to characterize emissions
of hazardous air pollutants emitted by such facilities, to
identify industrial, commercial and residential discharges that
contribute to such emissions and to demonstrate control
measures for such emissions. When promulgating any standard
under this section applicable to publicly owned treatment
works, the Administrator may provide for control measures that
include pretreatment of discharges causing emissions of
hazardous air
pollutants and process or product substitutions or limitations
that may be effective in reducing such emissions. The Adminis-
trator may prescribe uniform sampling, modeling and risk
assessment methods for use in implementing this subsection.
(4) Oil and gas wells; pipeline facilities.-
(A) Notwithstanding the provisions of subsection (a),
emissions from any oil or gas exploration or production
well (with its associated equipment) and emissions from
any pipeline compressor or pump station shall not be
aggregated with emissions from other similar units,
whether or not such units are in a contiguous area or
under common control, to determine whether such units or
stations are major sources, and in the case of any oil or
gas exploration or production well (with its associated
equipment), such emissions shall not be aggregated for any
purpose under this section.
(B) The Administrator shall not list oil and gas
production wells (with its associated equipment) as an
area source category under subsection (c), except that the
Administrator may establish an area source category for
oil and gas production wells located in any metropolitan
statistical area or consolidated metropolitan statistical
area with a population in excess of 1 million, if the
Administrator determines that emissions of hazardous air
pollutants from such wells present more than a negligible
risk of adverse effects to public health.
(5) Hydrogen sulfide.- The Administrator is directed to
assess the hazards to public health and the environment
resulting from the emission of hydrogen sulfide associated with
the extraction of oil and natural gas resources. To the extent
81
practicable, the assessment shall build upon and not duplicate
work conducted for an assessment pursuant to section 8002(m) of
the Solid Waste Disposal Act and shall reflect consultation
with the States. The assessment shall include a review of
existing State and industry control standards, techniques and
enforcement. The Administrator shall report to the Congress
within 24 months after the date of enactment of the Clean Air
Act Amendments of 1990 with the findings of such assessment,
together with any recommendations, and shall, as appropriate,
develop and implement a control strategy for emissions of
hydrogen sulfide to protect human health and the environment,
based on the findings of such assessment, using authorities
under this Act including sections 111 and this section.
(6) Hydrofluoric acid.- Not later than 2 years after the
date of enactment of the Clean Air Act Amendments of 1990, the
Administrator shall, for those regions of the country which do
not have comprehensive health and safety regulations with
respect to hydrofluoric acid, complete a study of the potential
hazards of hydrofluoric acid and the uses of hydrofluoric acid
in industrial and commercial applications to public health and
the environment considering a range of events including worst-
case accidental releases and shall make recommendations to the
Congress for the reduction of such hazards, if appropriate.
(7) RCRA facilities.- In the case of any category or
subcategory of sources the air emissions of which are regulated
under subtitle C of the Solid Waste Disposal Act, the
Administrator shall take into account any regulations of such
emissions which are promulgated under such subtitle and shall,
to the maximum extent practicable and consistent with the
provisions of this section, ensure that the requirements of
such subtitle and this section are consistent.
(o) National Academy of Sciences Study.-
(1) Request of the academy.- Within 3 months of the date of
enactment of the Clean Air Act Amendments of 1990, the Adminis-
trator shall enter into appropriate arrangements with the
National Academy of Sciences to conduct a review of -
(A) risk assessment methodology used by the Environmen-
tal Protection Agency to determine the carcinogenic risk
associated with exposure to hazardous air pollutants from
source categories and subcategories subject to the
requirements of this section; and
(B) improvements in such methodology.
(2) Elements to be studied.- In conducting such review, the
National Academy ofSciences should consider, but not be (continued)