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(continued)
years after the date on which the Administrator promulgated
the relevant guidelines. Such plan shall assure that each
unit subject to the plan is in compliance with all
provisions of the guidelines not later than 5 years after
the date the relevant guidelines are promulgated.
(c) Monitoring.- The Administrator shall, as part of each
performance standard promulgated pursuant to subsection (a) and
section 111, promulgate regulations requiring the owner or
operator of each solid waste incineration unit -
(1) to monitor emissions from the unit at the point at
which such emissions are emitted into the ambient air (or
within the stack, combustion chamber or pollution control
equipment, as appropriate) and at such other points as
necessary to protect public health and the environment;
(2) to monitor such other parameters relating to the
operation of the unit and its pollution control technology
as the Administrator determines are appropriate; and
(3) to report the results of such monitoring.
Such regulations shall contain provisions regarding the frequency
of monitoring, test methods and procedures validated on solid
waste incineration units, and the form and frequency of reports
containing the results of monitoring and shall require that any
monitoring reports or test results indicating an exceedance of
any standard under this section shall be reported separately and
in a manner that facilitates review for purposes of enforcement
ac-tions. Such regulations shall require that copies of the
results of such monitoring be maintained on file at the facility
concerned and that copies shall be made available for inspection
and copying by interested members of the public during business
hours.
(d) Operator Training.- Not later than 24 months after the
enactment of the Clean Air Act Amendments of 1990, the Admin-
istrator shall develop and promote a model State program for the
training and certification of solid waste incineration unit op-
erators and high-capacity fossil fuel fired plant operators. The
Administrator may authorize any State to implement a model
program for the training of solid waste incineration unit
operators and high-capacity fossil fuel fired plant operators, if
the State has adopted a program which is at least as effective as
the model pro-gram developed by the Administrator. Beginning on
the date 36 months after the date on which performance standards
and guide-lines are promulgated under subsection (a) and section
128
111 for any category of solid waste incineration units it shall
be unlawful to operate any unit in the category unless each
person with control over processes affecting emissions from such
unit has satisfactor-ily completed a training program meeting the
requirements estab-lished by the Administrator under this
subsection.
(e) Permits.- Beginning (1) 36 months after the promulgation of
a performance standard under subsection (a) and section 111
appli-cable to a category of solid waste incineration units, or
(2) the effective date of a permit program under title V in the
State in which the unit is located, whichever is later, each unit
in the category shall operate pursuant to a permit issued under
this sub-section and title V. Permits required by this subsection
may be renewed according to the provisions of title V. Notwith-
standing any other provision of this Act, each permit for a solid
waste incineration unit combusting municipal waste issued under
this Act shall be issued for a period of up to 12 years and shall
be re-viewed every 5 years after date of issuance or reissuance.
Each permit shall continue in effect after the date of issuance
until the date of termination, unless the Administrator or State
de-termines that the unit is not in compliance with all standards
and conditions contained in the permit. Such determination shall
be made at regular intervals during the term of the permit, such
in-tervals not to exceed 5 years, and only after public comment
and public hearing. No permit for a solid waste incineration unit
may be issued under this Act by an agency, instrumentality or
person that is also responsible, in whole or part, for the design
and construction or operation of the unit. Notwithstanding any
other provision of this subsection, the Administrator or the
State shall require the owner or operator of any unit to comply
with emissions limitations or implement any other measures, if
the Administrator or the State determines that emissions in the
absence of such
limitations or measures may reasonably be anticipated to endanger
public health or the environment. The Administrator's determina-
tion under the preceding sentence is a discretionary decision.
(f) Effective Date and Enforcement.-
(1) New units.- Performance standards and other require-
ments promulgated pursuant to this section and section 111
and applicable to new solid waste incineration units shall
be effective as of the date 6 months after the date of
promulgation.
(2) Existing units.- Performance standards and other
requirements promulgated pursuant to this section and
section 111 and applicable to existing solid waste
incineration units shall be effective as expeditiously as
practicable after approval of a State plan under subsection
(b)(2) (or promulgation of a plan by the Administrator under
subsection (b)(3)) but in no event later than 3 years after
the State plan is approved or 5 years after the date such
standards or requirements are promulgated, whichever is
earlier.
(3) Prohibition.- After the effective date of any perfor-
mance standard, emission limitation or other requirement
promulgated pursuant to this section and section 111, it
129
shall be unlawful for any owner or operator of any solid
waste incineration unit to which such standard, limitation
or requirement applies to operate such unit in violation of
such limitation, standard or requirement or for any other
person to violate an applicable requirement of this section.
(4) Coordination with other authorities. - For purposes
of sections 111(e), 113, 114, 116, 120, 303, 304, 307 and
other provisions for the enforcement of this Act, each
performance standard, emission limitation or other
requirement established pursuant to this section by the
Administrator or a State or local government, shall be
treated in the same manner as a standard of performance
under section 111 which is an emission limitation.
(g) Definitions.- For purposes of section 306 of the Clean Air
Act Amendments of 1990 and this section only -
(1) Solid waste incineration unit.- The term "solid waste
incineration unit" means a distinct operating unit of any
facility which combusts any solid waste material from com-
mercial or industrial establishments or the general public
(including single and multiple residences, hotels, and mo-
tels). Such term does not include incinerators or other
units required to have a permit under section 3005 of the
Solid Waste Disposal Act. The term "solid waste incineration
unit" does not include (A) materials recovery facilities
(including primary or secondary smelters) which combust
waste for the primary purpose of recovering metals, (B)
qualifying small power production facilities, as defined in
section 3(17)(C) of the Federal Power Act (16 U.S.C.
769(17)(C)), or qualifying cogeneration facilities, as
defined in section 3(18)(B) of the Federal Power Act (16
U.S.C. 796(18)(B)), which burn homogeneous waste (such as
units which burn tires or used oil, but not including
refuse-derived fuel) for the pro-
duction of electric energy or in the case of qualifying
cogeneration facilities which burn homogeneous waste for the
production of electric energy and steam or forms of useful
energy (such as heat) which are used for industrial, commer-
cial, heating or cooling purposes, or (C) air curtain
incinerators provided that such incinerators only burn wood
wastes, yard wastes and clean lumber and that such air
curtain incinerators comply with opacity limitations to be
established by the Administrator by rule.
(2) New solid waste incineration unit.- The term "new
solid waste incineration unit" means a solid waste incinera-
tion unit the construction of which is commenced after the
Administrator proposes requirements under this section
establishing emissions standards or other requirements which
would be applicable to such unit or a modified solid waste
incineration unit.
(3) Modified solid waste incineration unit.- The term
"modified solid waste incineration unit" means a solid waste
incineration unit at which modifications have occurred after
the effective date of a standard under subsection (a) if (A)
the cumulative cost of the modifications, over the life of
the unit, exceed 50 per centum of the original cost of
130
construction and installation of the unit (not including the
cost of any land purchased in connection with such construc-
tion or installation) updated to current costs, or (B) the
modification is a physical change in or change in the method
of operation of the unit which increases the amount of any
air pollutant emitted by the unit for which standards have
been established under this section or section 111.
(4) Existing solid waste incineration unit.- The term
"existing solid waste incineration unit" means a solid waste
unit which is not a new or modified solid waste incineration
unit.
(5) Municipal waste.- The term "municipal waste" means
refuse (and refuse-derived fuel) collected from the general
public and from residential, commercial, institutional, and
industrial sources consisting of paper, wood, yard wastes,
food wastes, plastics, leather, rubber, and other
combustible materials and non-combustible materials such as
metal, glass and rock, provided that: (A) the term does not
include industrial process wastes or medical wastes that are
segregated from such other wastes; and (B) an incineration
unit shall not be considered to be combusting municipal
waste for purposes of section 111 or this section if it
combusts a fuel feed stream, 30 percent or less of the
weight of which is comprised, in aggregate, of municipal
waste.
(6) Other terms.- The terms solid waste and medical waste
shall have the meanings established by the Administrator
pursuant to the Solid Waste Disposal Act.
(h) Other Authority.-
(1) State authority.- Nothing in this section shall
preclude or deny the right of any State or political
subdivision there-of to adopt or enforce any regulation,
requirement, limitation or standard relating to solid waste
incineration units that is more stringent than a regulation,
requirement, limitation or standard in effect under this
section or under any other provision of this Act.
(2) Other authority under this act.- Nothing in this
section shall diminish the authority of the Administrator or
a State to establish any other requirements applicable to
solid waste incineration units under any other authority of
law, including the authority to establish for any air
pollutant a national ambient air quality standard, except
that no solid waste incineration unit subject to performance
standards under this section and section 111 shall be
subject to standards under section 112(d) of this Act.
(3) Residual risk.- The Administrator shall promulgate
stan-dards under section 112(f) for a category of solid
waste in-cineration units, if promulgation of such standards
is re-quired under section 112(f). For purposes of this
preceding sentence only -
(A) the performance standards under subsection (a)
and section 111 applicable to a category of solid waste
incineration units shall be deemed standards under
section 112(d)(2), and
131
(B) the Administrator shall consider and regulate, if
required, the pollutants listed under subsection (a)(4)
and no others.
(4) Acid rain.- A solid waste incineration unit shall not
be a utility unit as defined in title IV: Provided, That,
more than 80 per centum of its annual average fuel consump-
tion measured on a Btu basis, during a period or periods to
be deter-mined by the Administrator, is from a fuel (includ-
ing any waste burned as a fuel) other than a fossil fuel.
(5) Requirements of parts c and d.- No requirement of an
applicable implementation plan under section 165 (relating
to construction of facilities in regions identified pursuant
to section 107(d)(1)(A) (ii) or (iii)) or under section
172(c)(5) (relating to permits for construction and
operation in nonattainment areas) may be used to weaken the
standards in effect under this section.
[42 U.S.C. 7429]
SEC. 130. EMISSION FACTORS.
Within 6 months after enactment of the Clean Air Act Amendments
of 1990, and at least every 3 years thereafter, the Administrator
shall review and, if necessary, revise, the methods ("emission
factors") used for purposes of this Act to estimate the quantity
of emissions of carbon monoxide, volatile organic compounds, and
oxides of nitrogen from sources of such air pollutants (including
area sources and mobile sources). In addition, the Administrator
shall establish emission factors for sources for which no such
methods have previously been established by the Administrator.
The Administrator shall permit any person to demonstrate improved
emissions estimating techniques, and following approval of such
techniques, the Administrator shall authorize the use of such
techniques. Any such technique may be approved only after appro-
priate public participation. Until the Administrator has
completed
the revision required by this section, nothing in this section
shall be construed to affect the validity of emission factors
established by the Administrator before the date of the enactment
of the Clean Air Act Amendments of 1990.
[42 U.S.C. 7430]
SEC. 131. LAND USE AUTHORITY.
Nothing in this Act constitutes an infringement on the existing
authority of counties and cities to plan or control land use, and
nothing in this Act provides or transfers authority over such
land use.
[42 U.S.C. 7431]
[Part B - Ozone Protection]
Part C - Prevention of Significant Deterioration of Air Quality
SUBPART 1
PURPOSES
Sec. 160. The purposes of this part are as follows:
(1) to protect public health and welfare from any actual or
potential adverse effect which in the Administrator's judgment
may reasonably be anticipate to occur from air pollution or
132
from exposures to pollutants in other media, which pollutants
originate as emissions to the ambient air), notwithstanding
attainment and maintenance of all national ambient air quality
standards;
(2) to preserve, protect, and enhance the air quality in na-
tional parks, national wilderness areas, national monuments,
na-tional seashores, and other areas of special national or
region-al natural, recreational, scenic, or historic value;
(3) to insure that economic growth will occur in a manner
consistent with the preservation of existing clean air resourc-
es;
(4) to assure that emissions from any source in any State
will not interfere with any portion of the applicable implemen-
tation plan to prevent significant deterioration of air quality
for any other State; and
(5) to assure that any decision to permit increased air
pollution in any area to which this section applies is made
only after careful evaluation of all the consequences of such a
deci-sion and after adequate procedural opportunities for
informed public participation in the decisionmaking process.
[42 U.S.C. 7470]
PLAN REQUIREMENTS
Sec. 161. In accordance with the policy of section 101(b)(1),
each applicable implementation plan shall contain emission
limitations and such other measures as may be necessary, as
determined under regulations promulgated under this part, to
prevent significant deterioration of air quality in each region
(or portion thereof) designated pursuant to section 107 as
attainment or unclassifiable.
[42 U.S.C. 7471]
INITIAL CLASSIFICATIONS
Sec. 162. (a) Upon the enactment of this part, all -
(1) international parks,
(2) national wilderness areas which exceed 5,000 acres in
size,
(3) national memorial parks which exceed 5,000 acres in
size, and
(4) national parks which exceed six thousand acres in size, and
which are in existence on the date of enactment of the Clean Air
Act Amendments of 1977 shall be class I areas and may not be re-
designated. All areas which were redesignated as class I under
regulations promulgated before such date of enactment shall be
class I areas which may be redesignated as provided in this part.
The extent of the areas designated as Class I under this section
shall conform to any changes in the boundaries of such areas
which have occurred subsequent to the date of the enactment of
the Clean Air Act Amendments of 1977, or which may occur
subsequent to the date of the enactment of the Clean Air Act
Amendments of 1990.
(b) All areas in such State designated pursuant to section
107(d) as attainment or unclassifiable which are not established
as class I under subsection (a) shall be class II areas unless
redesignated under section 164.
[42 U.S.C. 7472]
INCREMENTS AND CEILINGS
133
Sec. 163. (a) In the case of sulfur oxide and particulate
matter, each applicable implementation plan shall contain
measures assuring that maximum allowable increases over baseline
concen-trations of, and maximum allowable concentrations of, such
pol-lutant shall not be exceeded. In the case of any maximum
allowable increase (except an allowable increase specified under
section 165(d)(2)(C)(iv)) for a pollutant based on concentrations
per-mitted under national ambient air quality standards for any
period other than an annual period, such regulations shall permit
such maximum allowable increase to be exceeded during one such
period per year.
(b)(1) For any class I area, the maximum allowable increase in
concentrations of sulfur dioxide and particulate matter over the
baseline concentration of such pollutants shall not exceed the
following amounts:
Maximum allowable increase
[ Micrograms per cubic meter ]
Pollutant
Particulate matter:
Annual geometric mean . . . . . . . . . . . . . . . . . . . . 5
Pollutant
Twenty-four-hour maximum . . . . . . . . . . . . . . . . . 10
Sulfur dioxide:
Annual arithmetic mean . . . . . . . . . . . . . . . . . . . 2
Twenty-four-hour maximum . . . . . . . . . . . . . . . . . . 5
Three-hour maximum . . . . . . . . . . . . . . . . . . . . 25
(2) For any class II area, the maximum allowable increase in
concentrations of sulfur dioxide and particulate matter over the
baseline concentration of such pollutants shall not exceed the
following amounts:
Maximum allowable increase
[ Micrograms per cubic meter ]
Pollutant
Particulate matter:
Annual geometric mean . . . . . . . . . . . . . . . . . . . 19
Twenty-four-hour maximum . . . . . . . . . . . . . . . . . 37
Sulfur dioxide:
Annual arithmetic mean . . . . . . . . . . . . . . . . . . 20
Twenty-four-hour maximum . . . . . . . . . . . . . . . . . 91
Three-hour maximum . . . . . . . . . . . . . . . . . . . . 512
(3) For any class III area, the maximum allowable increase in
concentrations of sulfur dioxide and particulate matter over the
baseline concentration of such pollutants shall not exceed the
following amounts:
Maximum allowable increase
[ Micrograms per cubic meter ]
Pollutant
Particulate matter:
Annual geometric mean . . . . . . . . . . . . . . . . . . . 37
Twenty-four-hour maximum . . . . . . . . . . . . . . . . . 75
Sulfur dioxide:
Annual arithmetic mean . . . . . . . . . . . . . . . . . . 40
Twenty-four-hour maximum . . . . . . . . . . . . . . . . . 182
Three-hour maximum . . . . . . . . . . . . . . . . . . . . 700
134
(4) The maximum allowable concentration of any air pollutant in
any area to which this part applies shall not exceed a concentra-
tion for such pollutant for each period of exposure equal to -
(A) the concentration permitted under the national second-
ary ambient air quality standard, or
(B) the concentration permitted under the national primary
ambient air quality standard, whichever concentration is
lowest for such pollutant for such period of exposure.
(c)(1) In the case of any State which has a plan approved by
the Administrator for purposes of carrying out this part, the
Governor of such State may, after notice and opportunity for
public hearing, issue orders or promulgate rules providing that
for purposes of determining compliance with the maximum allowable
increases in ambient concentrations of an air pollutant, the
following concentrations of such pollutant shall not be taken
into account:
(A) concentrations of such pollutant attributable to the
increase in emissions from stationary sources which have
converted from the use of petroleum products, or natural
gas, or both, by reason of an order which is in effect under
the provisions of sections 2 (a) and (b) of the Energy
Supply and
Environmental Coordination Act of 1974 (or any subsequent
legislation which supersedes such provisions) over the
emissions from such sources before the effective date of
such order.
(B) the concentrations of such pollutant attributable to
the increase in emissions from stationary sources which have
converted from using natural gas by reason of a natural gas
curtailment pursuant to a natural gas curtailment plan in
effect pursuant to the Federal Power Act over the emissions
from such sources before the effective date of such plan,
(C) concentrations of particulate matter attributable to
the increase in emissions from construction or other tempo-
rary emission-related activities, and
(D) the increase in concentrations attributable to new
sources outside the United States over the concentrations
attributable to existing sources which are included in the
baseline concentration determined in accordance with section
169(4).
(2) No action taken with respect to a source under paragraph
(1)(A) or (1)(B) shall apply more than five years after the
effec-tive date of the order referred to in paragraph (1)(A) or
the plan referred to in paragraph (1)(B), whichever is
applicable. If both such order and plan are applicable, no such
action shall apply more than five years after the later of such
effective dates.
(3) No action under this subsection shall take effect unless
the Governor submits the order or rule providing for such
exclusion to the Administrator and the Administrator determines
that such order or rule is in compliance with the provisions of
this subsection.
[42 U.S.C. 7473]
AREA REDESIGNATION
Sec. 164. (a) Except as otherwise provided under subsection
(c), a State may redesignate such areas as it deems appropriate
135
as class I areas. The following areas may be redesignated only as
class I or II:
(1) an area which exceeds ten thousand acres in size and
is a national monument, a national primitive area, a
national preserve, a national recreation area, a national
wild and scenic river, a national wildlife refuge, a
national lakeshore or seashore, and
(2) a national park or national wilderness area
established after the date of enactment of this Act which
exceeds ten thousand acres in size.
The extent of the areas referred to in paragraph (1) and (2)
shall conform to any changes in the boundaries of such areas
which have occurred subsequent to the date of the enactment of
the Clean Air Act Amendments of 1977, or which may occur
subsequent to the date of the enactment of the Clean Air Act
Amendments of 1990.
Any area (other than an area referred to in paragraph(1) or (2)
or an area established as class I under the first sentence of
section 162(a)) may be redesignated by the State as class III if
-
(A) such redesignation has been specifically approved by
the Governor of the State, after consultation with the
appropriate Committees of the legislature if it is in
session or with the leadership of the legislature if it is
not in session (unless State law provides that such
redesignation must be specifically approved by State
legislation) and if general purpose units of local
government representing a majority of the residents of the
area so redesignated enact legislation (including for such
units of local government resolutions where appropriate)
concurring in the State's redesignation;
(B) such redesignation will not cause, or contribute to,
concentrations of any air pollutant which exceed any maximum
allowable increase or maximum allowable concentration
permitted under the classification of any other area; and
(C) such redesignation otherwise meets the requirements of
this part.
Subparagraph (A) of this paragraph shall not apply to area
redesignations by Indian tribes.
(b)(1)(A) Prior to redesignation of any area under this part,
notice shall be afforded and public hearings shall be conducted
in areas proposed to be redesignated and in areas which may be
affected by the proposed redesignation. Prior to any such public
hearing a satisfactory description and analysis of the health,
environmental, economic, social, and energy effects of the
proposed redesignation shall be prepared and made available for
public inspection and prior to any such redesignation, the
description and analysis of such effects shall be reviewed and
examined by the redesignating authorities.
(B) Prior to the issuance of notice under subparagraph (A)
respecting the redesignation of any area under this subsection,
if such area includes any Federal lands, the State shall provide
written notice to the appropriate Federal land manager and afford
adequate opportunity (but not in excess of 60 days) to confer
with the State respecting the intended notice of redesignation
and to submit written comments and recommendations with respect
to such intended notice of redesignation. In redesignating any
area under this section with respect to which any Federal land
136
manager has submitted written comments and recommendations, the
State shall publish a list of any inconsistency between such
redesignation and such recommendations and an explanation of such
inconsistency (together with the reasons for making such
redesignation against the recommendation of the Federal land
manager).
(C) The Administrator shall promulgate regulations not later
than six months after date of enactment of this part, to assure,
insofar as practicable, that prior to any public hearing on
redesignation of any area, there shall be available for public
inspection any specific plans for any new or modified major
emitting facility which may be permitted to be constructed and
operated only if the area in question is designated or
redesignated as class III.
(2) The Administrator may disapprove the redesignation of any
area only if he finds, after notice and opportunity for public
hearing, that such redesignation does not meet the procedural
requirements of this section or is inconsistent with the require-
ments of section 162(a) or of subsection (a) of this section. If
any such disapproval occurs, the classification of the area shall
be that which was in effect prior to the redesignation which was
disapproved.
(c) Lands within the exterior boundaries of reservations of
federally recognized Indian tribes may be redesignated only by
the appropriate Indian governing body. Such Indian governing body
shall be subject in all respect to the provisions of subsection
(e).
(d) The Federal Land Manager shall review all national monu-
ments, primitive areas, and national preserves, and shall
recommend any appropriate areas for redesignation as class I
where air quality related values are important attributes of the
area. The Federal Land Manager shall report such recommendations,
within supporting analysis, to the Congress and the affected
States within one year after enactment of this section. The
Federal Land Manager shall consult with the appropriate States
before making such recommendations.
(e) If any State affected by the redesignation of any area by
an Indian tribe or any Indian tribe affected by the redesignation
of an area by a State disagrees with such redesignation of any
area, or if a permit is proposed to be issued for any new major
emitting facility proposed for construction in any State which
the Governor of an affected State or governing body of an
affected Indian tribe determines will cause or contribute to a
cumulative change in air quality in excess of that allowed in
this part within the affected State or tribal reservation, the
Governor or Indian ruling body may request the Administrator to
enter into negotiations with the parties involved to resolve such
dispute. If requested by any State or Indian tribe involved, the
Administrator shall make a recommendation to resolve the dispute
and protect the air quality related values of the lands involved.
If the parties involved do not reach agreement, the Administrator
shall resolve the dispute and his determination, or the results
of agreements reached through other means, shall become part of
the applicable plan and shall be enforceable as part of such
plan. In resolving such disputes relating to area redesignation,
the Administrator shall consider the extent to which the lands
involved are of sufficient size to allow effective air quality
management or have air quality related values of such an area.
137
[42 U.S.C. 7474]
PRECONSTRUCTION REQUIREMENTS
Sec. 165. (a) No major emitting facility on which construction
is commenced after the date of the enactment of this part, may be
constructed in any area to which this part applies unless -
(1) a permit has been issued for such proposed facility in
accordance with this part setting forth emission limitations
for such facility which conform to the requirements of this
part;
(2) the proposed permit has been subject to a review in
accordance with this section, the required analysis has been
conducted in accordance with regulations promulgated by the
Administrator, and a public hearing has been held with opportu-
nity for interested persons including representatives of the
Administrator to appear and submit written or oral
presentations on the air quality impact of such source,
alternatives thereto, control technology requirements, and
other appropriate considerations;
(3) the owner or operator of such facility demonstrates, as
required pursuant to section 110(j), that emissions from
construction or operation of such facility will not cause, or
contribute to, air pollution in excess of any (A) maximum
allowable increase or maximum allowable concentration for any
pollutant in any area to which this part applies more than one
time per year, (B) national ambient air quality standard in any
air quality control region, or (C) any other applicable
emission standard or standard of performance under this Act;
(4) the proposed facility is subject to the best available
control technology for each pollutant subject to regulation
under this Act emitted from, or which results from, such
facility;
(5) the provisions of subsection (d) with respect to
protection of class I areas have been complied with for such
facility;
(6) there has been an analysis of any air quality impacts
projected for the area as a result of growth associated with
such facility;
(7) the person who owns or operates, or proposes to own or
operate, a major emitting facility for which a permit is
required under this part agrees to conduct such monitoring as
may be necessary to determine the effect which emissions from
any such facility may have, or is having, on air quality in any
area which may be affected by emissions from such source; and
(8) in the case of a source which proposes to construct in a
class III area, emissions from which would cause or contribute
to exceeding the maximum allowable increments applicable in a
class II area and where no standard under section 111 of this
Act has been promulgated subsequent to enactment of the Clean
Air Act Amendments of 1977, for such source category, the
Administrator has approved the determination of best available
technology as set forth in the permit.
(b) The demonstration pertaining to maximum allowable increases
required under subsection (a)(3) shall not apply to maximum
allowable increases for class II areas in the case of an
expansion or modification of a major emitting facility which is
in existence on the date of enactment of the Clean Air Act
138
Amendments of 1977, whose allowable emissions of air pollutants,
after compliance with subsection (a)(4), will be less than fifty
tons per year and for which the owner or operator of such
facility demonstrates that emissions of particulate matter and
sulfur oxides will not cause or contribute to ambient air quality
levels in excess of the national secondary ambient air quality
standard for either of such pollutants.
(c) Any completed permit application under section 110 for a
major emitting facility in any area to which this part applies
shall be granted or denied not later than one year after the date
of filing of such completed application.
(d)(1) Each State shall transmit to the Administrator a copy of
each permit application relating to a major emitting facility
received by such State and provide notice to the Administrator of
every action related to the consideration of such permit.
(2)(A) The Administrator shall provide notice of the permit
application to the Federal Land Manager and the Federal official
charged with direct responsibility for management of any lands
within a class I area which may be affected by emissions from the
proposed facility.
(B) The Federal Land Manager and the Federal official charged
with direct responsibility for management of such lands shall
have an affirmative responsibility to protect the air quality
related values (including visibility) of any such lands within a
class I area and to consider, in consultation with the
Administrator, whether a proposed major emitting facility will
have an adverse impact on such values.
(C)(i) In any case where the Federal official charged with
direct responsibility for management of any lands within a class
I area or the Federal Land Manager of such lands, or the Adminis-
trator, or the Governor of an adjacent State containing such a
class I area files a notice alleging that emissions from a
proposed major emitting facility may cause or contribute to a
change in the air quality in such area and identifying the
potential adverse impact of such change, a permit shall not be
issued unless the owner or operator of such facility demonstrates
that emissions of particulate matter and sulfur dioxide will not
cause or contribute to concentrations which exceed the maximum
allowable increases for a class I area.
(ii) In any case where the Federal Land Manager demonstrates to
the satisfaction of the State that the emissions from such
facility will have an adverse impact on the air quality-related
values (including visibility) of such lands, notwithstanding the
fact that the change in air quality resulting from emissions from
such facility will not cause or contribute to concentrations
which exceed the maximum allowable increases for a class I area,
a permit shall not be issued.
(iii) In any case where the owner or operator of such facility
demonstrates to the satisfaction of the Federal Land Manager, and
the Federal Land Manager so certifies, that the emissions from
such facility will have no adverse impact on the air quality-
related values of such lands (including visibility) notwithstand-
ing the fact that the change in air quality resulting from
emissions from such facility will cause or contribute to concen-
trations which exceed the maximum allowable increases for class I
areas, the State may issue a permit.
(iv) In the case of a permit issued pursuant to clause (iii),
such facility shall comply with such emission limitations under
139
such permit as may be necessary to assure that emissions of
sulfur oxides and particulates from such facility, will not cause
or contribute to concentrations of such pollutant which exceed
the
following maximum allowable increases over the baseline
concentration for such pollutants:
Maximum allowable increase
[ Micrograms per cubic meter ]
Particulate matter:
Annual geometric mean . . . . . . . . . . . . . . . . . . . 19
Twenty-four-hour maximum . . . . . . . . . . . . . . . . . 37
Sulfur dioxide:
Annual arithmetic mean . . . . . . . . . . . . . . . . . . 20
Twenty-four-hour maximum . . . . . . . . . . . . . . . . . 91
Three-hour maximum . . . . . . . . . . . . . . . . . . . . 325
(D)(i) In any case where the owner or operator of a proposed
major emitting facility who has been denied a certification under
subparagraph (C)(iii) demonstrates to the satisfaction of the
Governor, after notice and public hearing, and the Governor
finds, that the facility cannot be constructed by reason of any
maximum allowable increase for sulfur dioxide for periods of
twenty-four hours or less applicable to any class I area and, in
the case of Federal mandatory class I areas, that a variance
under this clause will not adversely affect the air quality
related values of the area (including visibility), the Governor,
after consideration of the Federal Land Manager's recommendation
(if any) and subject to his concurrence, may grant a variance
from such maximum allowable increase. If such variance is
granted, a permit may be issued to such source pursuant to the
requirements of this subparagraph.
(ii) In any case in which the Governor recommends a variance
under this subparagraph in which the Federal Land Manager does
not concur, the recommendations of the Governor and the Federal
Land Manager shall be transmitted to the President. The President
may approve the Governor's recommendation if he finds that such
variance is in the national interest. No Presidential finding
shall be reviewable in any court. The variance shall take effect
if the President approves the Governor's recommendations. The
President shall approve or disapprove such recommendation within
ninety days after his receipt of the recommendations of the
Governor and the Federal Land Manager.
(iii) In the case of a permit issued pursuant to this subpara-
graph, such facility shall comply with such emission limitations
under such permit as may be necessary to assure that emissions of
sulfur oxides from such facility will not (during any day on
which the otherwise applicable maximum allowable increases are
exceeded) cause or contribute to concentrations which exceed the
following maximum allowable increases for such areas over the
baseline concentration for such pollutant and to assure that such
emissions will not cause or contribute to concentrations which
exceed the otherwise applicable maximum allowable increases for
periods of exposure of 24 hours or less on more than 18 days
during any annual period:
Maximum allowable increase
[ Micrograms per cubic meter ]
140
Period of exposure:
Low terrain areas:
24-hr maximum . . . . . . . . . . . . . . . . . . . . . . . . 36
3-hr maximum . . . . . . . . . . . . . . . . . . . . . . . . 130
High terrain areas:
24-hr maximum . . . . . . . . . . . . . . . . . . . . . . . 62
3-hr maximum . . . . . . . . . . . . . . . . . . . . . . . 221
(iv) For purposes of clause (iii), the term "high terrain area"
means with respect to any facility, any area having an elevation
of 900 feet or more above the base of the stack of such facility,
and the term "low terrain area" means any area other than a high
terrain area.
(e)(1) The review provided for in subsection (a) shall be
preceded by an analysis in accordance with regulations of the
Administrator, promulgated under this subsection, which may be
conducted by the State (or any general purpose unit of local
government) or by the major emitting facility applying for such
permit, of the ambient air quality at the proposed site and in
areas which may be affected by emissions from such facility for
each pollutant subject to regulation under this Act which will be
emitted from such facility.
(2) Effective one year after date of enactment of this part,
the analysis required by this subsection shall include continuous
air quality monitoring data gathered for purposes of determining
whether emissions from such facility will exceed the maximum
allowable increases or the maximum allowable concentration
permitted under this part. Such data shall be gathered over a
period of one calendar year preceding the date of application for
a permit under this part unless the State, in accordance with
regulations promulgated by the Administrator, determines that a
complete and adequate analysis for such purposes may be accom-
plished in a shorter period. The results of such analysis shall
be available at the time of the public hearing on the application
for such permit.
(3) The Administrator shall within six months after the date of
enactment of this part promulgate regulations respecting the
analysis required under this subsection which regulations -
(A) shall not require the use of any automatic or uniform
buffer zone or zones,
(B) shall require an analysis of the ambient air quality,
climate and meteorology, terrain, soils and vegetation, and
visibility at the site of the proposed major emitting
facility and in the area potentially affected by the emis-
sions from such facility for each pollutant regulated under
this Act which will be emitted from, or which results from
the construction or operation of, such facility, the size
and nature of the proposed facility, the degree of
continuous emission reduction which could be achieved by
such facility, and such other factors as may be relevant in
determining the effect of emissions from a proposed facility
on any air quality control region,
(C) shall require the results of such analysis shall be
available at the time of the public hearing on the applica-
tion for such permit, and
(D) shall specify with reasonable particularity each air
quality model or models to be used under specified sets of
conditions for purposes of this part.
141
Any model or models designated under such regulations may be
adjusted upon a determination, after notice and opportunity for
public hearing, by the Administrator that such adjustment is
necessary to take into account unique terrain or meteorological
characteristics of an area potentially affected by emissions from
a source applying for a permit required under this part.
[42 U.S.C. 7475]
OTHER POLLUTANTS
Sec. 166. (a) In the case of the pollutants hydrocarbons,
carbon monoxide,photochemical oxidants, and nitrogen oxides, the
Administrator shall conduct a study and not later than two years
after the date of enactment of this part, promulgate regulations
to prevent the significant deterioration of air quality which
would result from the emissions of such pollutants. In the case
of pollutants for which national ambient air quality standards
are promulgated after the date of the enactment of this part, he
shall promulgate such regulations not more than 2 years after the
date of promulgation of such standards.
(b) Regulations referred to in subsection (a) shall become
effective one year after the date of promulgation. Within 21
months after such date of promulgation such plan revision shall
be submitted to the Administrator who shall approve or disapprove
the plan within 25 months after such date or promulgation in the
same manner as required under section 110.
(c) Such regulations shall provide specific numerical measures
against which permit applications may be evaluated, a framework
for stimulating improved control technology, protection of air
quality values, and fulfill the goals and purposes set forth in
section 101 and section 160.
(d) The regulations of the Administrator under subsection (a)
shall provide specific measures at least as effective as the
increments established in section 163 to fulfill such goals and
purposes, and may contain air quality increments, emission
density requirements, or other measures.
(e) With respect to any air pollutant for which a national
ambient air quality standard is established other than sulfur
oxides or particulate matter, an area classification plan shall
not be required under this section if the implementation plan
adopted by the State and submitted for the Administrator's
approval or promulgated by the Administrator under section 110(c)
contains other provisions which when considered as a whole, the
Administrator finds will carry out the purposes in section 160 at
least as effectively as an area classification plan for such
pollutant. Such other provisions referred to in the preceding
sentence need not require the establishment of maximum allowable
increases with respect to such pollutant for any area to which
this section applies.
(f) PM 0910 Increments.- The Administrator is authorized to
substitute, for the maximum allowable increases in particulate
matter specified in section 163(b) and section 165(d)(2)(C)(iv),
maximum allowable increases in particulate matter with an aero-
dynamic diameter smaller than or equal to 10 micrometers. Such
substituted maximum allowable increases shall be of equal
stringency in effect as those specified in the provisions for
which they are substituted. Until the Administrator promulgates
regulations under the authority of this subsection, the current
142
maximum allowable increases in concentrations of particulate
matter shall remain in effect.
[42 U.S.C. 7476]
ENFORCEMENT
Sec. 167. The Administrator shall, and a State may, take such
measures,including issuance of an order, or seeking injunctive
relief, as necessary to prevent the construction or modification
of a major emitting facility which does not conform to the
requirements of this part, or which is proposedto be constructed (continued)