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CITE

    42 USC Sec. 7412                                            01/08/2008

EXPCITE

    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - PROGRAMS AND ACTIVITIES
    Part A - Air Quality and Emission Limitations

HEAD

    Sec. 7412. Hazardous air pollutants

STATUTE

    (a) Definitions
      For purposes of this section, except subsection (r) of this
    section -
      (1) Major source
        The term "major source" means any stationary source or group of
      stationary sources located within a contiguous area and under
      common control that emits or has the potential to emit
      considering controls, in the aggregate, 10 tons per year or more
      of any hazardous air pollutant or 25 tons per year or more of any
      combination of hazardous air pollutants. The Administrator may
      establish a lesser quantity, or in the case of radionuclides
      different criteria, for a major source than that specified in the
      previous sentence, on the basis of the potency of the air
      pollutant, persistence, potential for bioaccumulation, other
      characteristics of the air pollutant, or other relevant factors.
      (2) Area source
        The term "area source" means any stationary source of hazardous
      air pollutants that is not a major source. For purposes of this
      section, the term "area source" shall not include motor vehicles
      or nonroad vehicles subject to regulation under subchapter II of
      this chapter.
      (3) Stationary source
        The term "stationary source" shall have the same meaning as
      such term has under section 7411(a) of this title.
      (4) New source
        The term "new source" means a stationary source the
      construction or reconstruction of which is commenced after the
      Administrator first proposes regulations under this section
      establishing an emission standard applicable to such source.
      (5) Modification
        The term "modification" means any physical change in, or change
      in the method of operation of, a major source which increases the
      actual emissions of any hazardous air pollutant emitted by such
      source by more than a de minimis amount or which results in the
      emission of any hazardous air pollutant not previously emitted by
      more than a de minimis amount.
      (6) Hazardous air pollutant
        The term "hazardous air pollutant" means any air pollutant
      listed pursuant to subsection (b) of this section.
      (7) Adverse environmental effect
        The term "adverse environmental effect" means any significant
      and widespread adverse effect, which may reasonably be
      anticipated, to wildlife, aquatic life, or other natural
      resources, including adverse impacts on populations of endangered
      or threatened species or significant degradation of environmental
      quality over broad areas.
      (8) Electric utility steam generating unit
        The term "electric utility steam generating unit" means any
      fossil fuel fired combustion unit of more than 25 megawatts that
      serves a generator that produces electricity for sale. A unit
      that cogenerates steam and electricity and supplies more than one-
      third of its potential electric output capacity and more than 25
      megawatts electrical output to any utility power distribution
      system for sale shall be considered an electric utility steam
      generating unit.
      (9) Owner or operator
        The term "owner or operator" means any person who owns, leases,
      operates, controls, or supervises a stationary source.
      (10) Existing source
        The term "existing source" means any stationary source other
      than a new source.
      (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.(!1) 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:
        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
        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
         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)
        123319    Hydroquinone
         78591    Isophorone
         58899    Lindane (all isomers)
        108316    Maleic anhydride
         67561    Methanol
         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
         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
       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 Compounds(!1)
             0    Glycol ethers(!2)
             0    Lead Compounds
             0    Manganese Compounds
             0    Mercury Compounds
             0    Fine mineral fibers(!3)
             0    Nickel Compounds
             0    Polycylic Organic Matter(!4)
             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) XCN 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
    100ºC.
      (!5) A type of atom which spontaneously undergoes radioactive
    decay.
    --------------------------------------------------------------------
      (2) Revision of the list
        The Administrator shall periodically 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 threat of adverse human health
      effects (including, but not limited to, substances which are
      known to be, or may reasonably be anticipated to be,
      carcinogenic, mutagenic, teratogenic, neurotoxic, which cause
      reproductive dysfunction, or which are acutely or chronically
      toxic) or adverse environmental effects whether through ambient
      concentrations, bioaccumulation, deposition, or otherwise, but
      not including releases subject to regulation under subsection (r)
      of this section as a result of emissions to the air. No air
      pollutant which is listed under section 7408(a) of this title 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
      7408(a) of this title or to any pollutant which is in a class of
      pollutants listed under such section. No substance, practice,
      process or activity regulated under subchapter VI of this chapter
      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 November 15,
      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 without
      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
      (!2) of the pollutant 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 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) of this section applicable
      to any source category or subcategory of a listed hazardous air
      pollutant without a CAS number listed under subsection (b) of
      this section for which a deletion petition has been filed within
      12 months of November 15, 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 provisions of part C of this subchapter (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 November 15, 1990, the
      Administrator shall publish, and shall from time to time, but no
      less often than every 8 years, revise, if appropriate, in
      response to public comment or new information, a list of all
      categories and subcategories of major sources and area sources
      (listed under paragraph (3)) of the air pollutants listed
      pursuant to subsection (b) of this section. To the extent
      practicable, the categories and subcategories listed under this
      subsection shall be consistent with the list of source categories
      established pursuant to section 7411 of this title and part C of
      this subchapter. 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 categories and subcategories the Administrator lists,
      the Administrator shall establish emissions standards under
      subsection (d) of this section, according to the schedule in this
      subsection and subsection (e) of this section.
      (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 November 15, 1990, and
      pursuant to subsection (k)(3)(B) of this section, 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 November 15, 1990.
      (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 November 15, 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) of this section for
      the category or subcategory shall be promulgated within 10 years
      after November 15, 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-tetrachlorodibenzofurans and 2,3,7,8-tetrachlorodibenzo-p-
      dioxin, the Administrator shall, not later than 5 years after
      November 15, 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) of this section. Such
      standards shall be promulgated not later than 10 years after
      November 15, 1990. 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 manufacture of products for
      commercial sale in commerce, except in a de minimis manner.
      (8) Boat manufacturing
        When establishing emissions standards 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
      chapter.
      (9) Deletions from the list
        (A) Where the sole reason for the inclusion of a source
      category on the list required under this subsection 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) of this section.
        (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) of this section in
      accordance with the schedules provided in subsections (c) and (e)
      of this section. 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) of this section 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 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) of this section,
        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 7414(c) of this
      title, 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 7501 of
        this title) 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.
      (5) Alternative standard for area sources
        With respect only to categories and subcategories of area
      sources listed pursuant to subsection (c) of this section, the
      Administrator may, in lieu of the authorities provided in
      paragraph (2) and subsection (f) of this section, 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 practices, 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 7411 of this title, part C or D of this subchapter, or
      other authority of this chapter 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) of this section, 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 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) of this section, the compliance
      date for such work practice regulations for coke oven batteries
      shall be not later than the date 3 years after November 15, 1990.
        (C) For coke oven batteries electing to qualify for an
      extension of the compliance date for standards promulgated under
      subsection (f) of this section in accordance with subsection
      (i)(8) of this section, 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) of this section, 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 November 15, 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 [42 U.S.C. 2011 et
      seq.] 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
      7411 of this title 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 regulations establishing
      emission standards for categories and subcategories of sources
      initially listed for regulation pursuant to subsection (c)(1) of
      this section 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 November 15, 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
        than 4 years after November 15, 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 November 15, 1990; and
          (E) emission standards for all categories and subcategories
        shall be promulgated not later than 10 years after November 15,
        1990.
      (2) Priorities
        In determining priorities for promulgating standards under
      subsection (d) of this section, 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 November 15, 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) of this section which shall
      be consistent with the requirements of paragraphs (1) and (2).
      The determination 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 7604 of this
      title.
      (4) Judicial review
        Notwithstanding section 7607 of this title, no action of the
      Administrator adding a pollutant to the list under subsection (b)
      of this section or listing a source category or subcategory under
      subsection (c) of this section shall be a final agency action
      subject to judicial review, except that any such action may be
      reviewed under such section 7607 of this title 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) of this section applicable to publicly owned
      treatment works (as defined in title II of the Federal Water
      Pollution Control Act [33 U.S.C. 1281 et seq.]) not later than 5
      years after November 15, 1990.
    (f) Standard to protect health and environment
      (1) Report
        Not later than 6 years after November 15, 1990, the
      Administrator 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
        regulation under this section after the application of
        standards under subsection (d) of this section;
          (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 submitted
      under paragraph (1), the Administrator shall, within 8 years
      after promulgation of standards for each category or subcategory
      of sources pursuant to subsection (d) of this section, promulgate
      standards 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 section
      (as in effect before November 15, 1990) or to prevent, taking
      into consideration 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 November 15, 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) of
      this section 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 November 15, 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) of this
      section for each source category or subcategory concerned. In the
      case of categories or subcategories for which standards under
      subsection (d) of this section are required to be promulgated
      within 2 years after November 15, 1990, the Administrator shall
      have 9 years after promulgation of the standards under subsection
      (d) of this section 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 subcategory of area sources
      that is listed pursuant to subsection (c)(3) of this section and
      for which an emission standard is promulgated pursuant to
      subsection (d)(5) of this section.
      (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 November 15, 1990,
      publish 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) of this section 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
      subchapter V of this chapter in any State, no person may modify a
      major source of hazardous air pollutants in such State, unless
      the Administrator (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
      subchapter V of this chapter 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) of this section. 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, 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 regulation under subsection (d), (f) or (h) of this section,
      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 subchapter V of this
      chapter) 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
      subchapter V of this chapter) may issue a permit that grants an
      extension permitting an existing source up to 1 additional year
      to comply with standards under subsection (d) of this section 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) of this
      section.
      (4) Presidential exemption
        The President may exempt any stationary source from compliance
      with any standard or limitation 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 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 subchapter V of this chapter) 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) of this section 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) of
      this section 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 based
      on information for such source, received by the Administrator
      prior to November 15, 1990, pursuant to an information request
      issued under section 7414 of this title.
        (D) For each source granted an alternative emission limitation
      under this paragraph there shall be established by a permit
      issued pursuant to subchapter V of this chapter 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) of this section and the Administrator shall, for
      the purpose of determining whether a standard under subsection
      (f) of this section 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
        7479(3) of this title), or
          (B) technology required to meet a lowest achievable emission
        rate (as defined in section 7501 of this title),
      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 construction or reconstruction is commenced
      after the date an emission standard applicable to such source is
      proposed pursuant to subsection (d) of this section but before
      the date an emission standard applicable to such source is
      proposed pursuant to subsection (f) of this section shall not be
      required to comply with the emission standard under subsection
      (f) of this section until the date 10 years after the date
      construction or reconstruction is commenced.
      (8) Coke ovens
        (A) Any coke oven battery that complies with the emission
      limitations established under subsection (d)(8)(C) of this
      section, subparagraph (B), and subparagraph (C), and complies
      with the provisions of subparagraph (E), shall not be required to
      achieve emission limitations promulgated under subsection (f) of
      this section until January 1, 2020.
        (B)(i) Not later than December 31, 1992, the Administrator
      shall promulgate emission limitations for coke oven emissions
      from coke oven batteries. Notwithstanding paragraph (3) of this
      subsection, the compliance date for such emission limitations for
      existing coke oven batteries shall be January 1, 1998. Such
      emission limitations shall reflect the lowest achievable emission
      rate as defined in section 7501 of this title 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 establish an appropriate measurement
      methodology for determining 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 practicable and
      enforceable), with no exclusion for emissions during the period
      after the closing of self-sealing oven doors.
        (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
      7501 of this title 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) of this section 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) of this section 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) of this section 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 Administrator to determine the
      appropriate level of any emission standard established by the
      Administrator pursuant to subsection (f) of this section.
        (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) of this
      section more stringent than those established under subparagraphs
      (B) and (C) until January 1, 2020. For the purposes of this
      subparagraph, the term "reconstruction" 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 subchapter V of this chapter in such State, but not
      prior to the date 42 months after November 15, 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 established pursuant to subsection (e)(1) and (3) of this
      section, and beginning 18 months after such date (but not prior
      to the effective date of a permit program under subchapter V of
      this chapter), 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 subsection 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 subsection, any failure 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 requested to process the application. The
      Administrator shall not later than 18 months after November 15,
      1990, and after notice and opportunity for comment, establish
      requirements 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 7661d of this title. In the event that the
      Administrator (or the State) disapproves a permit application
      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 subchapter V of this
      chapter 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) of this section. 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) of
      this section. For purposes of the preceding sentence, the
      reduction required by subsection (i)(5)(A) of this section shall
      be achieved by the date on which the relevant standard should
      have been promulgated under subsection (d) of this section. 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) of this
      section.
      (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 paragraph (5),
      provided that the source shall have the compliance period
      provided under subsection (i) of this section. If the
      Administrator promulgates a standard under subsection (d) of this
      section 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 emissions of hazardous air pollutants
      from area sources may individually, 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 levels 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 November 15, 1990.
      (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 November 15, 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)
        of this section, and
          (ii) identify the source categories or subcategories emitting
        such pollutants that are or will be listed pursuant to
        subsection (c) of this section. 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) of this section.
        (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 [15 U.S.C. 2601 et seq.], the Federal
      Insecticide, Fungicide and Rodenticide Act [7 U.S.C. 136 et seq.]
      and the Resource Conservation and Recovery Act [42 U.S.C. 6901 et
      seq.]) 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
      November 15, 1990.
        (G) As part of such strategy the Administrator shall provide
      for ambient monitoring and emissions modeling in 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 subcategories of area
      sources.
      (5) Report
        The Administrator shall report to the Congress at intervals not
      later than 8 and 12 years after November 15, 1990, on actions
      taken under this subsection and other parts of this chapter to
      reduce the risk to public health posed by the release of
      hazardous 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 delegations 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) of this section. 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 chapter.
      (2) Guidance
        Not later than 12 months after November 15, 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) of this section 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) of this section.
      (3) Technical assistance
        The Administrator shall establish 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 7403 of this title 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) of
      this section.
      (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 chapter.
      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.
      (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 Administrator shall withdraw approval of the
      program. The Administrator 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 subchapter V
      of this chapter.
    (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 Federal Water Pollution
        Control Act [33 U.S.C. 1251 et seq.] and drinking water
        standards established pursuant to the Safe Drinking Water Act
        [42 U.S.C. 300f et seq.]; 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 Administrator's discretion, other air pollutants) to the
      Great Lakes.
          (A) As part of the network provided for in this paragraph,
        and not later than December 31, 1991, the Administrator 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 atmospheric deposition
        of such pollutants, and to support development 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 Control Act [33 U.S.C. 1330(a)(2)(A)] or
      listed pursuant to section 320(a)(2)(B) of such Act [33 U.S.C.
      1330(a)(2)(B)] or estuarine research reserves designated pursuant
      to section 1461 of title 16.
      (5) Report
        Within 3 years of November 15, 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 pursuant
        to the Safe Drinking Water Act [42 U.S.C. 300f et seq.] or
        water quality standards pursuant to the Federal Water Pollution
        Control Act [33 U.S.C. 1251 et seq.] 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 chapter and other
        applicable Federal laws as are necessary to assure protection
        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 November 15,
      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 7627(a) of this title.
    (n) Other provisions
      (1) Electric utility steam generating units
        (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) of this section after
      imposition of the requirements of this chapter. The Administrator
      shall report the results of this study to the Congress within 3
      years after November 15, 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 November 15, 1990, a study
      of mercury emissions from electric utility steam generating
      units, municipal 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 technologies.
        (C) The National Institute of Environmental Health Sciences
      shall conduct, and transmit to the Congress not later than 3
      years after November 15, 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 significant 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) On completion of the study, the Secretary shall submit to
      Congress a report on the results of the study and 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) of this
      section.
        (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 publicly 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 Administrator 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) of this
      section, 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) of this section, 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 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 [42 U.S.C. 6982(m)] 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 November 15, 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 chapter including sections (!3) 7411 of
      this title and this section.
      (6) Hydrofluoric acid
        Not later than 2 years after November 15, 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 [42 U.S.C. 6921 et seq.], 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 November 15, 1990, the Administrator shall
      enter into appropriate arrangements with the National Academy of
      Sciences to conduct a review of -
          (A) risk assessment methodology used by the Environmental
        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 of Sciences
      should consider, but not be limited to, the following -
          (A) the techniques used for estimating and describing the
        carcinogenic potency to humans of hazardous air pollutants; and
          (B) the techniques used for estimating exposure to hazardous
        air pollutants (for hypothetical and actual maximally exposed
        individuals as well as other exposed individuals).
      (3) Other health effects of concern
        To the extent practicable, the Academy shall evaluate and
      report on the methodology for assessing the risk of adverse human
      health effects other than cancer for which safe thresholds of
      exposure may not exist, including, but not limited to,
      inheritable genetic mutations, birth defects, and reproductive
      dysfunctions.
      (4) Report
        A report on the results of such review shall be submitted to
      the Senate Committee on Environment and Public Works, the House
      Committee on Energy and Commerce, the Risk Assessment and
      Management Commission established by section 303 of the Clean Air
      Act Amendments of 1990 and the Administrator not later than 30
      months after November 15, 1990.
      (5) Assistance
        The Administrator shall assist the Academy in gathering any
      information the Academy deems necessary to carry out this
      subsection. The Administrator may use any authority under this
      chapter to obtain information from any person, and to require any
      person to conduct tests, keep and produce records, and make
      reports respecting research or other activities conducted by such
      person as necessary to carry out this subsection.
      (6) Authorization
        Of the funds authorized to be appropriated to the Administrator
      by this chapter, such amounts as are required shall be available
      to carry out this subsection.
      (7) Guidelines for carcinogenic risk assessment
        The Administrator shall consider, but need not adopt, the
      recommendations contained in the report of the National Academy
      of Sciences prepared pursuant to this subsection and the views of
      the Science Advisory Board, with respect to such report. Prior to
      the promulgation of any standard under subsection (f) of this
      section, and after notice and opportunity for comment, the
      Administrator shall publish revised Guidelines for Carcinogenic
      Risk Assessment or a detailed explanation of the reasons that any
      recommendations contained in the report of the National Academy
      of Sciences will not be implemented. The publication of such
      revised Guidelines shall be a final Agency action for purposes of
      section 7607 of this title.
    (p) Mickey Leland National Urban Air Toxics Research Center
      (1) Establishment
        The Administrator shall oversee the establishment of a National
      Urban Air Toxics Research Center, to be located at a university,
      a hospital, or other facility capable of undertaking and
      maintaining similar research capabilities in the areas of
      epidemiology, oncology, toxicology, pulmonary medicine,
      pathology, and biostatistics. The center shall be known as the
      Mickey Leland National Urban Air Toxics Research Center. The
      geographic site of the National Urban Air Toxics Research Center
      should be further directed to Harris County, Texas, in order to
      take full advantage of the well developed scientific community
      presence on-site at the Texas Medical Center as well as the
      extensive data previously compiled for the comprehensive
      monitoring system currently in place.
      (2) Board of Directors
        The National Urban Air Toxics Research Center shall be governed
      by a Board of Directors to be comprised of 9 members, the
      appointment of which shall be allocated pro rata among the
      Speaker of the House, the Majority Leader of the Senate and the
      President. The members of the Board of Directors shall be
      selected based on their respective academic and professional
      backgrounds and expertise in matters relating to public health,
      environmental pollution and industrial hygiene. The duties of the
      Board of Directors shall be to determine policy and research
      guidelines, submit views from center sponsors and the public and
      issue periodic reports of center findings and activities.
      (3) Scientific Advisory Panel
        The Board of Directors shall be advised by a Scientific
      Advisory Panel, the 13 members of which shall be appointed by the
      Board, and to include eminent members of the scientific and
      medical communities. The Panel membership may include scientists
      with relevant experience from the National Institute of
      Environmental Health Sciences, the Center for Disease Control,
      the Environmental Protection Agency, the National Cancer
      Institute, and others, and the Panel shall conduct peer review
      and evaluate research results. The Panel shall assist the Board
      in developing the research agenda, reviewing proposals and
      applications, and advise on the awarding of research grants.
      (4) Funding
        The center shall be established and funded with both Federal
      and private source funds.
    (q) Savings provision
      (1) Standards previously promulgated
        Any standard under this section in effect before the date of
      enactment of the Clean Air Act Amendments of 1990 [November 15,
      1990] shall remain in force and effect after such date unless
      modified as provided in this section before the date of enactment
      of such Amendments or under such Amendments. Except as provided
      in paragraph (4), any standard under this section which has been
      promulgated, but has not taken effect, before such date shall not
      be affected by such Amendments unless modified as provided in
      this section before such date or under such Amendments. Each such
      standard shall be reviewed and, if appropriate, revised, to
      comply with the requirements of subsection (d) of this section
      within 10 years after the date of enactment of the Clean Air Act
      Amendments of 1990. If a timely petition for review of any such
      standard under section 7607 of this title is pending on such date
      of enactment, the standard shall be upheld if it complies with
      this section as in effect before that date. If any such standard
      is remanded to the Administrator, the Administrator may in the
      Administrator's discretion apply either the requirements of this
      section, or those of this section as in effect before the date of
      enactment of the Clean Air Act Amendments of 1990.
      (2) Special rule
        Notwithstanding paragraph (1), no standard shall be established
      under this section, as amended by the Clean Air Act Amendments of
      1990, for radionuclide emissions from (A) elemental phosphorous
      plants, (B) grate calcination elemental phosphorous plants, (C)
      phosphogypsum stacks, or (D) any subcategory of the foregoing.
      This section, as in effect prior to the date of enactment of the
      Clean Air Act Amendments of 1990 [November 15, 1990], shall
      remain in effect for radionuclide emissions from such plants and
      stacks.
      (3) Other categories
        Notwithstanding paragraph (1), this section, as in effect prior
      to the date of enactment of the Clean Air Act Amendments of 1990
      [November 15, 1990], shall remain in effect for radionuclide
      emissions from non-Department of Energy Federal facilities that
      are not licensed by the Nuclear Regulatory Commission, coal-fired
      utility and industrial boilers, underground uranium mines,
      surface uranium mines, and disposal of uranium mill tailings
      piles, unless the Administrator, in the Administrator's
      discretion, applies the requirements of this section as modified
      by the Clean Air Act Amendments of 1990 to such sources of
      radionuclides.
      (4) Medical facilities
        Notwithstanding paragraph (1), no standard promulgated under
      this section prior to November 15, 1990, with respect to medical
      research or treatment facilities shall take effect for two years
      following November 15, 1990, unless the Administrator makes a
      determination pursuant to a rulemaking under subsection (d)(9) of
      this section. If the Administrator determines that the regulatory
      program established by the Nuclear Regulatory Commission for such
      facilities does not provide an ample margin of safety to protect
      public health, the requirements of this section shall fully apply
      to such facilities. If the Administrator determines that such
      regulatory program does provide an ample margin of safety to
      protect the public health, the Administrator is not required to
      promulgate a standard under this section for such facilities, as
      provided in subsection (d)(9) of this section.
    (r) Prevention of accidental releases
      (1) Purpose and general duty
        It shall be the objective of the regulations and programs
      authorized under this subsection to prevent the accidental
      release and to minimize the consequences of any such release of
      any substance listed pursuant to paragraph (3) or any other
      extremely hazardous substance. The owners and operators of
      stationary sources producing, processing, handling or storing
      such substances have a general duty in the same manner and to the
      same extent as section 654 of title 29 to identify hazards which
      may result from such releases using appropriate hazard assessment
      techniques, to design and maintain a safe facility taking such
      steps as are necessary to prevent releases, and to minimize the
      consequences of accidental releases which do occur. For purposes
      of this paragraph, the provisions of section 7604 of this title
      shall not be available to any person or otherwise be construed to
      be applicable to this paragraph. Nothing in this section shall be
      interpreted, construed, implied or applied to create any
      liability or basis for suit for compensation for bodily injury or
      any other injury or property damages to any person which may
      result from accidental releases of such substances.
      (2) Definitions
        (A) The term "accidental release" means an unanticipated
      emission of a regulated substance or other extremely hazardous
      substance into the ambient air from a stationary source.
        (B) The term "regulated substance" means a substance listed
      under paragraph (3).
        (C) The term "stationary source" means any buildings,
      structures, equipment, installations or substance emitting
      stationary activities (i) which belong to the same industrial
      group, (ii) which are located on one or more contiguous
      properties, (iii) which are under the control of the same person
      (or persons under common control), and (iv) from which an
      accidental release may occur.
        (D) The term "retail facility" means a stationary source at
      which more than one-half of the income is obtained from direct
      sales to end users or at which more than one-half of the fuel
      sold, by volume, is sold through a cylinder exchange program.
      (3) List of substances
        The Administrator shall promulgate not later than 24 months
      after November 15, 1990, an initial list of 100 substances which,
      in the case of an accidental release, are known to cause or may
      reasonably be anticipated to cause death, injury, or serious
      adverse effects to human health or the environment. For purposes
      of promulgating such list, the Administrator shall use, but is
      not limited to, the list of extremely hazardous substances
      published under the Emergency Planning and Community Right-to-
      Know (!4) Act of 1986 [42 U.S.C. 11001 et seq.], with such
      modifications as the Administrator deems appropriate. The initial
      list shall include chlorine, anhydrous ammonia, methyl chloride,
      ethylene oxide, vinyl chloride, methyl isocyanate, hydrogen
      cyanide, ammonia, hydrogen sulfide, toluene diisocyanate,
      phosgene, bromine, anhydrous hydrogen chloride, hydrogen
      fluoride, anhydrous sulfur dioxide, and sulfur trioxide. The
      initial list shall include at least 100 substances which pose the
      greatest risk of causing death, injury, or serious adverse
      effects to human health or the environment from accidental
      releases. Regulations establishing the list shall include an
      explanation of the basis for establishing the list. The list may
      be revised from time to time by the Administrator on the
      Administrator's own motion or by petition and shall be reviewed
      at least every 5 years. No air pollutant for which a national
      primary ambient air quality standard has been established shall
      be included on any such list. No substance, practice, process, or
      activity regulated under subchapter VI of this chapter shall be
      subject to regulations under this subsection. The Administrator
      shall establish procedures for the addition and deletion of
      substances from the list established under this paragraph
      consistent with those applicable to the list in subsection (b) of
      this section.
      (4) Factors to be considered
        In listing substances under paragraph (3), the Administrator -
          (A) shall consider -
            (i) the severity of any acute adverse health effects
          associated with accidental releases of the substance;
            (ii) the likelihood of accidental releases of the
          substance; and
            (iii) the potential magnitude of human exposure to
          accidental releases of the substance; and
          (B) shall not list a flammable substance when used as a fuel
        or held for sale as a fuel at a retail facility under this
        subsection solely because of the explosive or flammable
        properties of the substance, unless a fire or explosion caused
        by the substance will result in acute adverse health effects
        from human exposure to the substance, including the unburned
        fuel or its combustion byproducts, other than those caused by
        the heat of the fire or impact of the explosion.
      (5) Threshold quantity
        At the time any substance is listed pursuant to paragraph (3),
      the Administrator shall establish by rule, a threshold quantity
      for the substance, taking into account the toxicity, reactivity,
      volatility, dispersibility, combustibility, or flammability of
      the substance and the amount of the substance which, as a result
      of an accidental release, is known to cause or may reasonably be
      anticipated to cause death, injury or serious adverse effects to
      human health for which the substance was listed. The
      Administrator is authorized to establish a greater threshold
      quantity for, or to exempt entirely, any substance that is a
      nutrient used in agriculture when held by a farmer.
      (6) Chemical Safety Board
        (A) There is hereby established an independent safety board to
      be known as the Chemical Safety and Hazard Investigation Board.
        (B) The Board shall consist of 5 members, including a
      Chairperson, who shall be appointed by the President, by and with
      the advice and consent of the Senate. Members of the Board shall
      be appointed on the basis of technical qualification,
      professional standing, and demonstrated knowledge in the fields
      of accident reconstruction, safety engineering, human factors,
      toxicology, or air pollution regulation. The terms of office of
      members of the Board shall be 5 years. Any member of the Board,
      including the Chairperson, may be removed for inefficiency,
      neglect of duty, or malfeasance in office. The Chairperson shall
      be the Chief Executive Officer of the Board and shall exercise
      the executive and administrative functions of the Board.
        (C) The Board shall -
          (i) investigate (or cause to be investigated), determine and
        report to the public in writing the facts, conditions, and
        circumstances and the cause or probable cause of any accidental
        release resulting in a fatality, serious injury or substantial
        property damages;
          (ii) issue periodic reports to the Congress, Federal, State
        and local agencies, including the Environmental Protection
        Agency and the Occupational Safety and Health Administration,
        concerned with the safety of chemical production, processing,
        handling and storage, and other interested persons recommending
        measures to reduce the likelihood or the consequences of
        accidental releases and proposing corrective steps to make
        chemical production, processing, handling and storage as safe
        and free from risk of injury as is possible and may include in
        such reports proposed rules or orders which should be issued by
        the Administrator under the authority of this section or the
        Secretary of Labor under the Occupational Safety and Health Act
        [29 U.S.C. 651 et seq.] to prevent or minimize the consequences
        of any release of substances that may cause death, injury or
        other serious adverse effects on human health or substantial
        property damage as the result of an accidental release; and
          (iii) establish by regulation requirements binding on persons
        for reporting accidental releases into the ambient air subject
        to the Board's investigatory jurisdiction. Reporting releases
        to the National Response Center, in lieu of the Board directly,
        shall satisfy such regulations. The National Response Center
        shall promptly notify the Board of any releases which are
        within the Board's jurisdiction.
        (D) The Board may utilize the expertise and experience of other
      agencies.
        (E) The Board shall coordinate its activities with
      investigations and studies conducted by other agencies of the
      United States having a responsibility to protect public health
      and safety. The Board shall enter into a memorandum of
      understanding with the National Transportation Safety Board to
      assure coordination of functions and to limit duplication of
      activities which shall designate the National Transportation
      Safety Board as the lead agency for the investigation of releases
      which are transportation related. The Board shall not be
      authorized to investigate marine oil spills, which the National
      Transportation Safety Board is authorized to investigate. The
      Board shall enter into a memorandum of understanding with the
      Occupational Safety and Health Administration so as to limit
      duplication of activities. In no event shall the Board forego an
      investigation where an accidental release causes a fatality or
      serious injury among the general public, or had the potential to
      cause substantial property damage or a number of deaths or
      injuries among the general public.
        (F) The Board is authorized to conduct research and studies
      with respect to the potential for accidental releases, whether or
      not an accidental release has occurred, where there is evidence
      which indicates the presence of a potential hazard or hazards. To
      the extent practicable, the Board shall conduct such studies in
      cooperation with other Federal agencies having emergency response
      authorities, State and local governmental agencies and
      associations and organizations from the industrial, commercial,
      and nonprofit sectors.
        (G) No part of the conclusions, findings, or recommendations of
      the Board relating to any accidental release or the investigation
      thereof shall be admitted as evidence or used in any action or
      suit for damages arising out of any matter mentioned in such
      report.
        (H) Not later than 18 months after November 15, 1990, the Board
      shall publish a report accompanied by recommendations to the
      Administrator on the use of hazard assessments in preventing the
      occurrence and minimizing the consequences of accidental releases
      of extremely hazardous substances. The recommendations shall
      include a list of extremely hazardous substances which are not
      regulated substances (including threshold quantities for such
      substances) and categories of stationary sources for which hazard
      assessments would be an appropriate measure to aid in the
      prevention of accidental releases and to minimize the
      consequences of those releases that do occur. The recommendations
      shall also include a description of the information and analysis
      which would be appropriate to include in any hazard assessment.
      The Board shall also make recommendations with respect to the
      role of risk management plans as required by paragraph (8)(B)
      (!5) in preventing accidental releases. The Board may from time
      to time review and revise its recommendations under this
      subparagraph.
        (I) Whenever the Board submits a recommendation with respect to
      accidental releases to the Administrator, the Administrator shall
      respond to such recommendation formally and in writing not later
      than 180 days after receipt thereof. The response to the Board's
      recommendation by the Administrator shall indicate whether the
      Administrator will -
          (i) initiate a rulemaking or issue such orders as are
        necessary to implement the recommendation in full or in part,
        pursuant to any timetable contained in the recommendation; (!6)
          (ii) decline to initiate a rulemaking or issue orders as
        recommended.
      Any determination by the Administrator not to implement a
      recommendation of the Board or to implement a recommendation only
      in part, including any variation from the schedule contained in
      the recommendation, shall be accompanied by a statement from the
      Administrator setting forth the reasons for such determination.
        (J) The Board may make recommendations with respect to
      accidental releases to the Secretary of Labor. Whenever the Board
      submits such recommendation, the Secretary shall respond to such
      recommendation formally and in writing not later than 180 days
      after receipt thereof. The response to the Board's recommendation
      by the Administrator (!7) shall indicate whether the Secretary
      will -
          (i) initiate a rulemaking or issue such orders as are
        necessary to implement the recommendation in full or in part,
        pursuant to any timetable contained in the recommendation; (!6)
          (ii) decline to initiate a rulemaking or issue orders as
        recommended.
      Any determination by the Secretary not to implement a
      recommendation or to implement a recommendation only in part,
      including any variation from the schedule contained in the
      recommendation, shall be accompanied by a statement from the
      Secretary setting forth the reasons for such determination.
        (K) Within 2 years after November 15, 1990, the Board shall
      issue a report to the Administrator of the Environmental
      Protection Agency and to the Administrator of the Occupational
      Safety and Health Administration recommending the adoption of
      regulations for the preparation of risk management plans and
      general requirements for the prevention of accidental releases of
      regulated substances into the ambient air (including
      recommendations for listing substances under paragraph (3)) and
      for the mitigation of the potential adverse effect on human
      health or the environment as a result of accidental releases
      which should be applicable to any stationary source handling any
      regulated substance in more than threshold amounts. The Board may
      include proposed rules or orders which should be issued by the
      Administrator under authority of this subsection or by the
      Secretary of Labor under the Occupational Safety and Health Act
      [29 U.S.C. 651 et seq.]. Any such recommendations shall be
      specific and shall identify the regulated substance or class of
      regulated substances (or other substances) to which the
      recommendations apply. The Administrator shall consider such
      recommendations before promulgating regulations required by
      paragraph (7)(B).
        (L) The Board, or upon authority of the Board, any member
      thereof, any administrative law judge employed by or assigned to
      the Board, or any officer or employee duly designated by the
      Board, may for the purpose of carrying out duties authorized by
      subparagraph (C) -
          (i) hold such hearings, sit and act at such times and places,
        administer such oaths, and require by subpoena or otherwise
        attendance and testimony of such witnesses and the production
        of evidence and may require by order that any person engaged in
        the production, processing, handling, or storage of extremely
        hazardous substances submit written reports and responses to
        requests and questions within such time and in such form as the
        Board may require; and
          (ii) upon presenting appropriate credentials and a written
        notice of inspection authority, enter any property where an
        accidental release causing a fatality, serious injury or
        substantial property damage has occurred and do all things
        therein necessary for a proper investigation pursuant to
        subparagraph (C) and inspect at reasonable times records,
        files, papers, processes, controls, and facilities and take
        such samples as are relevant to such investigation.
      Whenever the Administrator or the Board conducts an inspection of
      a facility pursuant to this subsection, employees and their
      representatives shall have the same rights to participate in such
      inspections as provided in the Occupational Safety and Health Act
      [29 U.S.C. 651 et seq.].
        (M) In addition to that described in subparagraph (L), the
      Board may use any information gathering authority of the
      Administrator under this chapter, including the subpoena power
      provided in section 7607(a)(1) of this title.
        (N) The Board is authorized to establish such procedural and
      administrative rules as are necessary to the exercise of its
      functions and duties. The Board is authorized without regard to
      section 5 of title 41 to enter into contracts, leases,
      cooperative agreements or other transactions as may be necessary
      in the conduct of the duties and functions of the Board with any
      other agency, institution, or person.
        (O) After the effective date of any reporting requirement
      promulgated pursuant to subparagraph (C)(iii) it shall be
      unlawful for any person to fail to report any release of any
      extremely hazardous substance as required by such subparagraph.
      The Administrator is authorized to enforce any regulation or
      requirements established by the Board pursuant to subparagraph
      (C)(iii) using the authorities of sections 7413 and 7414 of this
      title. Any request for information from the owner or operator of
      a stationary source made by the Board or by the Administrator
      under this section shall be treated, for purposes of sections
      7413, 7414, 7416, 7420, 7603, 7604 and 7607 of this title and any
      other enforcement provisions of this chapter, as a request made
      by the Administrator under section 7414 of this title and may be
      enforced by the Chairperson of the Board or by the Administrator
      as provided in such section.
        (P) The Administrator shall provide to the Board such support
      and facilities as may be necessary for operation of the Board.
        (Q) Consistent with subsection (!8) (G) and section 7414(c) of
      this title any records, reports or information obtained by the
      Board shall be available to the Administrator, the Secretary of
      Labor, the Congress and the public, except that upon a showing
      satisfactory to the Board by any person that records, reports, or
      information, or particular part thereof (other than release or
      emissions data) to which the Board has access, if made public, is
      likely to cause substantial harm to the person's competitive
      position, the Board shall consider such record, report, or
      information or particular portion thereof confidential in
      accordance with section 1905 of title 18, except that such
      record, report, or information may be disclosed to other
      officers, employees, and authorized representatives of the United
      States concerned with carrying out this chapter or when relevant
      under any proceeding under this chapter. This subparagraph does
      not constitute authority to withhold records, reports, or
      information from the Congress.
        (R) Whenever the Board submits or transmits any budget
      estimate, budget request, supplemental budget request, or other
      budget information, legislative recommendation, prepared
      testimony for congressional hearings, recommendation or study to
      the President, the Secretary of Labor, the Administrator, or the
      Director of the Office of Management and Budget, it shall
      concurrently transmit a copy thereof to the Congress. No report
      of the Board shall be subject to review by the Administrator or
      any Federal agency or to judicial review in any court. No officer
      or agency of the United States shall have authority to require
      the Board to submit its budget requests or estimates, legislative
      recommendations, prepared testimony, comments, recommendations or
      reports to any officer or agency of the United States for
      approval or review prior to the submission of such
      recommendations, testimony, comments or reports to the Congress.
      In the performance of their functions as established by this
      chapter, the members, officers and employees of the Board shall
      not be responsible to or subject to supervision or direction, in
      carrying out any duties under this subsection, of any officer or
      employee or agent of the Environmental Protection Agency, the
      Department of Labor or any other agency of the United States
      except that the President may remove any member, officer or
      employee of the Board for inefficiency, neglect of duty or
      malfeasance in office. Nothing in this section shall affect the
      application of title 5 to officers or employees of the Board.
        (S) The Board shall submit an annual report to the President
      and to the Congress which shall include, but not be limited to,
      information on accidental releases which have been investigated
      by or reported to the Board during the previous year,
      recommendations for legislative or administrative action which
      the Board has made, the actions which have been taken by the
      Administrator or the Secretary of Labor or the heads of other
      agencies to implement such recommendations, an identification of
      priorities for study and investigation in the succeeding year,
      progress in the development of risk-reduction technologies and
      the response to and implementation of significant research
      findings on chemical safety in the public and private sector.
      (7) Accident prevention
        (A) In order to prevent accidental releases of regulated
      substances, the Administrator is authorized to promulgate release
      prevention, detection, and correction requirements which may
      include monitoring, record-keeping, reporting, training, vapor
      recovery, secondary containment, and other design, equipment,
      work practice, and operational requirements. Regulations
      promulgated under this paragraph may make distinctions between
      various types, classes, and kinds of facilities, devices and
      systems taking into consideration factors including, but not
      limited to, the size, location, process, process controls,
      quantity of substances handled, potency of substances, and
      response capabilities present at any stationary source.
      Regulations promulgated pursuant to this subparagraph shall have
      an effective date, as determined by the Administrator, assuring
      compliance as expeditiously as practicable.
        (B)(i) Within 3 years after November 15, 1990, the
      Administrator shall promulgate reasonable regulations and
      appropriate guidance to provide, to the greatest extent
      practicable, for the prevention and detection of accidental
      releases of regulated substances and for response to such
      releases by the owners or operators of the sources of such
      releases. The Administrator shall utilize the expertise of the
      Secretaries of Transportation and Labor in promulgating such
      regulations. As appropriate, such regulations shall cover the
      use, operation, repair, replacement, and maintenance of equipment
      to monitor, detect, inspect, and control such releases, including
      training of persons in the use and maintenance of such equipment
      and in the conduct of periodic inspections. The regulations shall
      include procedures and measures for emergency response after an
      accidental release of a regulated substance in order to protect
      human health and the environment. The regulations shall cover
      storage, as well as operations. The regulations shall, as
      appropriate, recognize differences in size, operations,
      processes, class and categories of sources and the voluntary
      actions of such sources to prevent such releases and respond to
      such releases. The regulations shall be applicable to a
      stationary source 3 years after the date of promulgation, or 3
      years after the date on which a regulated substance present at
      the source in more than threshold amounts is first listed under
      paragraph (3), whichever is later.
        (ii) The regulations under this subparagraph shall require the
      owner or operator of stationary sources at which a regulated
      substance is present in more than a threshold quantity to prepare
      and implement a risk management plan to detect and prevent or
      minimize accidental releases of such substances from the
      stationary source, and to provide a prompt emergency response to
      any such releases in order to protect human health and the
      environment. Such plan shall provide for compliance with the
      requirements of this subsection and shall also include each of
      the following:
          (I) a hazard assessment to assess the potential effects of an
        accidental release of any regulated substance. This assessment
        shall include an estimate of potential release quantities and a
        determination of downwind effects, including potential
        exposures to affected populations. Such assessment shall
        include a previous release history of the past 5 years,
        including the size, concentration, and duration of releases,
        and shall include an evaluation of worst case accidental
        releases;
          (II) a program for preventing accidental releases of
        regulated substances, including safety precautions and
        maintenance, monitoring and employee training measures to be
        used at the source; and
          (III) a response program providing for specific actions to be
        taken in response to an accidental release of a regulated
        substance so as to protect human health and the environment,
        including procedures for informing the public and local
        agencies responsible for responding to accidental releases,
        emergency health care, and employee training measures.
      At the time regulations are promulgated under this subparagraph,
      the Administrator shall promulgate guidelines to assist
      stationary sources in the preparation of risk management plans.
      The guidelines shall, to the extent practicable, include model
      risk management plans.
        (iii) The owner or operator of each stationary source covered
      by clause (ii) shall register a risk management plan prepared
      under this subparagraph with the Administrator before the
      effective date of regulations under clause (i) in such form and
      manner as the Administrator shall, by rule, require. Plans
      prepared pursuant to this subparagraph shall also be submitted to
      the Chemical Safety and Hazard Investigation Board, to the State
      in which the stationary source is located, and to any local
      agency or entity having responsibility for planning for or
      responding to accidental releases which may occur at such source,
      and shall be available to the public under section 7414(c) of
      this title. The Administrator shall establish, by rule, an
      auditing system to regularly review and, if necessary, require
      revision in risk management plans to assure that the plans comply
      with this subparagraph. Each such plan shall be updated
      periodically as required by the Administrator, by rule.
        (C) Any regulations promulgated pursuant to this subsection
      shall to the maximum extent practicable, consistent with this
      subsection, be consistent with the recommendations and standards
      established by the American Society of Mechanical Engineers
      (ASME), the American National Standards Institute (ANSI) or the
      American Society of Testing Materials (ASTM). The Administrator
      shall take into consideration the concerns of small business in
      promulgating regulations under this subsection.
        (D) In carrying out the authority of this paragraph, the
      Administrator shall consult with the Secretary of Labor and the
      Secretary of Transportation and shall coordinate any requirements
      under this paragraph with any requirements established for
      comparable purposes by the Occupational Safety and Health
      Administration or the Department of Transportation. Nothing in
      this subsection shall be interpreted, construed or applied to
      impose requirements affecting, or to grant the Administrator, the
      Chemical Safety and Hazard Investigation Board, or any other
      agency any authority to regulate (including requirements for
      hazard assessment), the accidental release of radionuclides
      arising from the construction and operation of facilities
      licensed by the Nuclear Regulatory Commission.
        (E) After the effective date of any regulation or requirement
      imposed under this subsection, it shall be unlawful for any
      person to operate any stationary source subject to such
      regulation or requirement in violation of such regulation or
      requirement. Each regulation or requirement under this subsection
      shall for purposes of sections 7413, 7414, 7416, 7420, 7604, and
      7607 of this title and other enforcement provisions of this
      chapter, be treated as a standard in effect under subsection (d)
      of this section.
        (F) Notwithstanding the provisions of subchapter V of this
      chapter or this section, no stationary source shall be required
      to apply for, or operate pursuant to, a permit issued under such
      subchapter solely because such source is subject to regulations
      or requirements under this subsection.
        (G) In exercising any authority under this subsection, the
      Administrator shall not, for purposes of section 653(b)(1) of
      title 29, be deemed to be exercising statutory authority to
      prescribe or enforce standards or regulations affecting
      occupational safety and health.
        (H) Public access to off-site consequence analysis information.
      -
          (i) Definitions. - In this subparagraph:
            (I) Covered person. - The term "covered person" means -
              (aa) an officer or employee of the United States;
              (bb) an officer or employee of an agent or contractor of
            the Federal Government;
              (cc) an officer or employee of a State or local
            government;
              (dd) an officer or employee of an agent or contractor of
            a State or local government;
              (ee) an individual affiliated with an entity that has
            been given, by a State or local government, responsibility
            for preventing, planning for, or responding to accidental
            releases;
              (ff) an officer or employee or an agent or contractor of
            an entity described in item (ee); and
              (gg) a qualified researcher under clause (vii).
            (II) Official use. - The term "official use" means an
          action of a Federal, State, or local government agency or an
          entity referred to in subclause (I)(ee) intended to carry out
          a function relevant to preventing, planning for, or
          responding to accidental releases.
            (III) Off-site consequence analysis information. - The term
          "off-site consequence analysis information" means those
          portions of a risk management plan, excluding the executive
          summary of the plan, consisting of an evaluation of 1 or more
          worst-case release scenarios or alternative release
          scenarios, and any electronic data base created by the
          Administrator from those portions.
            (IV) Risk management plan. - The term "risk management
          plan" means a risk management plan submitted to the
          Administrator by an owner or operator of a stationary source
          under subparagraph (B)(iii).
          (ii) Regulations. - Not later than 1 year after August 5,
        1999, the President shall -
            (I) assess -
              (aa) the increased risk of terrorist and other criminal
            activity associated with the posting of off-site
            consequence analysis information on the Internet; and
              (bb) the incentives created by public disclosure of off-
            site consequence analysis information for reduction in the
            risk of accidental releases; and
            (II) based on the assessment under subclause (I),
          promulgate regulations governing the distribution of off-site
          consequence analysis information in a manner that, in the
          opinion of the President, minimizes the likelihood of
          accidental releases and the risk described in subclause
          (I)(aa) and the likelihood of harm to public health and
          welfare, and -
              (aa) allows access by any member of the public to paper
            copies of off-site consequence analysis information for a
            limited number of stationary sources located anywhere in
            the United States, without any geographical restriction;
              (bb) allows other public access to off-site consequence
            analysis information as appropriate;
              (cc) allows access for official use by a covered person
            described in any of items (cc) through (ff) of clause
            (i)(I) (referred to in this subclause as a "State or local
            covered person") to off-site consequence analysis
            information relating to stationary sources located in the
            person's State;
              (dd) allows a State or local covered person to provide,
            for official use, off-site consequence analysis information
            relating to stationary sources located in the person's
            State to a State or local covered person in a contiguous
            State; and
              (ee) allows a State or local covered person to obtain for
            official use, by request to the Administrator, off-site
            consequence analysis information that is not available to
            the person under item (cc).
          (iii) Availability under freedom of information act. -
            (I) First year. - Off-site consequence analysis
          information, and any ranking of stationary sources derived
          from the information, shall not be made available under
          section 552 of title 5 during the 1-year period beginning on
          August 5, 1999.
            (II) After first year. - If the regulations under clause
          (ii) are promulgated on or before the end of the period
          described in subclause (I), off-site consequence analysis
          information covered by the regulations, and any ranking of
          stationary sources derived from the information, shall not be
          made available under section 552 of title 5 after the end of
          that period.
            (III) Applicability. - Subclauses (I) and (II) apply to off-
          site consequence analysis information submitted to the
          Administrator before, on, or after August 5, 1999.
          (iv) Availability of information during transition period. -
        The Administrator shall make off-site consequence analysis
        information available to covered persons for official use in a
        manner that meets the requirements of items (cc) through (ee)
        of clause (ii)(II), and to the public in a form that does not
        make available any information concerning the identity or
        location of stationary sources, during the period -
            (I) beginning on August 5, 1999; and
            (II) ending on the earlier of the date of promulgation of
          the regulations under clause (ii) or the date that is 1 year
          after August 5, 1999.
          (v) Prohibition on unauthorized disclosure of information by
        covered persons. -
            (I) In general. - Beginning on August 5, 1999, a covered
          person shall not disclose to the public off-site consequence
          analysis information in any form, or any statewide or
          national ranking of identified stationary sources derived
          from such information, except as authorized by this
          subparagraph (including the regulations promulgated under
          clause (ii)). After the end of the 1-year period beginning on
          August 5, 1999, if regulations have not been promulgated
          under clause (ii), the preceding sentence shall not apply.
            (II) Criminal penalties. - Notwithstanding section 7413 of
          this title, a covered person that willfully violates a
          restriction or prohibition established by this subparagraph
          (including the regulations promulgated under clause (ii))
          shall, upon conviction, be fined for an infraction under
          section 3571 of title 18 (but shall not be subject to
          imprisonment) for each unauthorized disclosure of off-site
          consequence analysis information, except that subsection (d)
          of such section 3571 shall not apply to a case in which the
          offense results in pecuniary loss unless the defendant knew
          that such loss would occur. The disclosure of off-site
          consequence analysis information for each specific stationary
          source shall be considered a separate offense. The total of
          all penalties that may be imposed on a single person or
          organization under this item shall not exceed $1,000,000 for
          violations committed during any 1 calendar year.
            (III) Applicability. - If the owner or operator of a
          stationary source makes off-site consequence analysis
          information relating to that stationary source available to
          the public without restriction -
              (aa) subclauses (I) and (II) shall not apply with respect
            to the information; and
              (bb) the owner or operator shall notify the Administrator
            of the public availability of the information.
            (IV) List. - The Administrator shall maintain and make
          publicly available a list of all stationary sources that have
          provided notification under subclause (III)(bb).
          (vi) Notice. - The Administrator shall provide notice of the
        definition of official use as provided in clause (i)(III) (!9)
        and examples of actions that would and would not meet that
        definition, and notice of the restrictions on further
        dissemination and the penalties established by this chapter to
        each covered person who receives off-site consequence analysis
        information under clause (iv) and each covered person who
        receives off-site consequence analysis information for an
        official use under the regulations promulgated under clause
        (ii).
          (vii) Qualified researchers. -
            (I) In general. - Not later than 180 days after August 5,
          1999, the Administrator, in consultation with the Attorney
          General, shall develop and implement a system for providing
          off-site consequence analysis information, including facility
          identification, to any qualified researcher, including a
          qualified researcher from industry or any public interest
          group.
            (II) Limitation on dissemination. - The system shall not
          allow the researcher to disseminate, or make available on the
          Internet, the off-site consequence analysis information, or
          any portion of the off-site consequence analysis information,
          received under this clause.
          (viii) Read-only information technology system. - In
        consultation with the Attorney General and the heads of other
        appropriate Federal agencies, the Administrator shall establish
        an information technology system that provides for the
        availability to the public of off-site consequence analysis
        information by means of a central data base under the control
        of the Federal Government that contains information that users
        may read, but that provides no means by which an electronic or
        mechanical copy of the information may be made.
          (ix) Voluntary industry accident prevention standards. - The
        Environmental Protection Agency, the Department of Justice, and
        other appropriate agencies may provide technical assistance to
        owners and operators of stationary sources and participate in
        the development of voluntary industry standards that will help
        achieve the objectives set forth in paragraph (1).
          (x) Effect on state or local law. -
            (I) In general. - Subject to subclause (II), this
          subparagraph (including the regulations promulgated under
          this subparagraph) shall supersede any provision of State or
          local law that is inconsistent with this subparagraph
          (including the regulations).
            (II) Availability of information under state law. - Nothing
          in this subparagraph precludes a State from making available
          data on the off-site consequences of chemical releases
          collected in accordance with State law.
          (xi) Report. -
            (I) In general. - Not later than 3 years after August 5,
          1999, the Attorney General, in consultation with appropriate
          State, local, and Federal Government agencies, affected
          industry, and the public, shall submit to Congress a report
          that describes the extent to which regulations promulgated
          under this paragraph have resulted in actions, including the
          design and maintenance of safe facilities, that are effective
          in detecting, preventing, and minimizing the consequences of
          releases of regulated substances that may be caused by
          criminal activity. As part of this report, the Attorney
          General, using available data to the extent possible, and a
          sampling of covered stationary sources selected at the
          discretion of the Attorney General, and in consultation with
          appropriate State, local, and Federal governmental agencies,
          affected industry, and the public, shall review the
          vulnerability of covered stationary sources to criminal and
          terrorist activity, current industry practices regarding site
          security, and security of transportation of regulated
          substances. The Attorney General shall submit this report,
          containing the results of the review, together with
          recommendations, if any, for reducing vulnerability of
          covered stationary sources to criminal and terrorist
          activity, to the Committee on Commerce of the United States
          House of Representatives and the Committee on Environment and
          Public Works of the United States Senate and other relevant
          committees of Congress.
            (II) Interim report. - Not later than 12 months after
          August 5, 1999, the Attorney General shall submit to the
          Committee on Commerce of the United States House of
          Representatives and the Committee on Environment and Public
          Works of the United States Senate, and other relevant
          committees of Congress, an interim report that includes, at a
          minimum -
              (aa) the preliminary findings under subclause (I);
              (bb) the methods used to develop the findings; and
              (cc) an explanation of the activities expected to occur
            that could cause the findings of the report under subclause
            (I) to be different than the preliminary findings.
            (III) Availability of information. - Information that is
          developed by the Attorney General or requested by the
          Attorney General and received from a covered stationary
          source for the purpose of conducting the review under
          subclauses (I) and (II) shall be exempt from disclosure under
          section 552 of title 5 if such information would pose a
          threat to national security.
          (xii) Scope. - This subparagraph -
            (I) applies only to covered persons; and
            (II) does not restrict the dissemination of off-site
          consequence analysis information by any covered person in any
          manner or form except in the form of a risk management plan
          or an electronic data base created by the Administrator from
          off-site consequence analysis information.
          (xiii) Authorization of appropriations. - There are
        authorized to be appropriated to the Administrator and the
        Attorney General such sums as are necessary to carry out this
        subparagraph (including the regulations promulgated under
        clause (ii)), to remain available until expended.
      (8) Research on hazard assessments
        The Administrator may collect and publish information on
      accident scenarios and consequences covering a range of possible
      events for substances listed under paragraph (3). The
      Administrator shall establish a program of long-term research to
      develop and disseminate information on methods and techniques for
      hazard assessment which may be useful in improving and validating
      the procedures employed in the preparation of hazard assessments
      under this subsection.
      (9) Order authority
        (A) In addition to any other action taken, when the
      Administrator determines that there may be an imminent and
      substantial endangerment to the human health or welfare or the
      environment because of an actual or threatened accidental release
      of a regulated substance, the Administrator may secure such
      relief as may be necessary to abate such danger or threat, and
      the district court of the United States in the district in which
      the threat occurs shall have jurisdiction to grant such relief as
      the public interest and the equities of the case may require. The
      Administrator may also, after notice to the State in which the
      stationary source is located, take other action under this
      paragraph including, but not limited to, issuing such orders as
      may be necessary to protect human health. The Administrator shall
      take action under section 7603 of this title rather than this
      paragraph whenever the authority of such section is adequate to
      protect human health and the environment.
        (B) Orders issued pursuant to this paragraph may be enforced in
      an action brought in the appropriate United States district court
      as if the order were issued under section 7603 of this title.
        (C) Within 180 days after November 15, 1990, the Administrator
      shall publish guidance for using the order authorities
      established by this paragraph. Such guidance shall provide for
      the coordinated use of the authorities of this paragraph with
      other emergency powers authorized by section 9606 of this title,
      sections 311(c), 308, 309 and 504(a) of the Federal Water
      Pollution Control Act [33 U.S.C. 1321(c), 1318, 1319, 1364(a)],
      sections 3007, 3008, 3013, and 7003 of the Solid Waste Disposal
      Act [42 U.S.C. 6927, 6928, 6934, 6973], sections 1445 and 1431 of
      the Safe Drinking Water Act [42 U.S.C. 300j-4, 300i], sections 5
      and 7 of the Toxic Substances Control Act [15 U.S.C. 2604, 2606],
      and sections 7413, 7414, and 7603 of this title.
      (10) Presidential review
        The President shall conduct a review of release prevention,
      mitigation and response authorities of the various Federal
      agencies and shall clarify and coordinate agency responsibilities
      to assure the most effective and efficient implementation of such
      authorities and to identify any deficiencies in authority or
      resources which may exist. The President may utilize the
      resources and solicit the recommendations of the Chemical Safety
      and Hazard Investigation Board in conducting such review. At the
      conclusion of such review, but not later than 24 months after
      November 15, 1990, the President shall transmit a message to the
      Congress on the release prevention, mitigation and response
      activities of the Federal Government making such recommendations
      for change in law as the President may deem appropriate. Nothing
      in this paragraph shall be interpreted, construed or applied to
      authorize the President to modify or reassign release prevention,
      mitigation or response authorities otherwise established by law.
      (11) State authority
        Nothing in this subsection shall preclude, deny or limit any
      right of a State or political subdivision thereof to adopt or
      enforce any regulation, requirement, limitation or standard
      (including any procedural requirement) that is more stringent
      than a regulation, requirement, limitation or standard in effect
      under this subsection or that applies to a substance not subject
      to this subsection.
    (s) Periodic report
      Not later than January 15, 1993 and every 3 years thereafter, the
    Administrator shall prepare and transmit to the Congress a
    comprehensive report on the measures taken by the Agency and by the
    States to implement the provisions of this section. The
    Administrator shall maintain a database on pollutants and sources
    subject to the provisions of this section and shall include
    aggregate information from the database in each annual report. The
    report shall include, but not be limited to -
        (1) a status report on standard-setting under subsections (d)
      and (f) of this section;
        (2) information with respect to compliance with such standards
      including the costs of compliance experienced by sources in
      various categories and subcategories;
        (3) development and implementation of the national urban air
      toxics program; and
        (4) recommendations of the Chemical Safety and Hazard
      Investigation Board with respect to the prevention and mitigation
      of accidental releases.

SOURCE

    (July 14, 1955, ch. 360, title I, Sec. 112, as added Pub. L. 91-
    604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1685; amended Pub. L. 95-
    95, title I, Secs. 109(d)(2), 110, title IV, Sec. 401(c), Aug. 7,
    1977, 91 Stat. 701, 703, 791; Pub. L. 95-623, Sec. 13(b), Nov. 9,
    1978, 92 Stat. 3458; Pub. L. 101-549, title III, Sec. 301, Nov. 15,
    1990, 104 Stat. 2531; Pub. L. 102-187, Dec. 4, 1991, 105 Stat.
    1285; Pub. L. 105-362, title IV, Sec. 402(b), Nov. 10, 1998, 112
    Stat. 3283; Pub. L. 106-40, Secs. 2, 3(a), Aug. 5, 1999, 113 Stat.
    207, 208.)

REFERENCES IN TEXT

      The date of enactment, referred to in subsec. (a)(11), probably
    means the date of enactment of Pub. L. 101-549, which amended this
    section generally and was approved Nov. 15, 1990.
      The Atomic Energy Act, referred to in subsec. (d)(9), probably
    means the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as
    added by act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and
    amended, which is classified generally to chapter 23 (Sec. 2011 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 2011 of this title
    and Tables.
      The Federal Water Pollution Control Act, referred to in subsecs.
    (e)(5) and (m)(1)(D), (5)(D), is act June 30, 1948, ch. 758, as
    amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86
    Stat. 816, which is classified generally to chapter 26 (Sec. 1251
    et seq.) of Title 33, Navigation and Navigable Waters. Title II of
    the Act is classified generally to subchapter II (Sec. 1281 et
    seq.) of chapter 26 of Title 33. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1251 of Title 33 and Tables.
      The Toxic Substances Control Act, referred to in subsec.
    (k)(3)(C), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as
    amended, which is classified generally to chapter 53 (Sec. 2601 et
    seq.) of Title 15, Commerce and Trade. For complete classification
    of this Act to the Code, see Short Title note set out under section
    2601 of Title 15 and Tables.
      The Federal Insecticide, Fungicide and Rodenticide Act, referred
    to in subsec. (k)(3)(C), probably means the Federal Insecticide,
    Fungicide, and Rodenticide Act, act June 25, 1947, ch. 125, as
    amended generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973,
    which is classified generally to subchapter II (Sec. 136 et seq.)
    of chapter 6 of Title 7, Agriculture. For complete classification
    of this Act to the Code, see Short Title note set out under section
    136 of Title 7 and Tables.
      The Resource Conservation and Recovery Act, referred to in
    subsec. (k)(3)(C), probably means the Resource Conservation and
    Recovery Act of 1976, Pub. L. 94-580, Oct. 21, 1976, 90 Stat. 2796,
    as amended, which is classified generally to chapter 82 (Sec. 6901
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title of 1976 Amendment note set out under
    section 6901 of this title and Tables.
      The Safe Drinking Water Act, referred to in subsec. (m)(1)(D),
    (5)(D), is title XIV of act July 1, 1944, as added Dec. 16, 1974,
    Pub. L. 93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is
    classified generally to subchapter XII (Sec. 300f et seq.) of
    chapter 6A of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 201 of this
    title and Tables.
      The Solid Waste Disposal Act, referred to in subsec. (n)(7), is
    title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
    generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795.
    Subtitle C of the Act is classified generally to subchapter III
    (Sec. 6921 et seq.) of chapter 82 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 6901 of this title and Tables.
      Section 303 of the Clean Air Act Amendments of 1990, referred to
    in subsec. (o)(4), probably means section 303 of Pub. L. 101-549,
    which is set out below.
      The Clean Air Act Amendments of 1990, referred to in subsec.
    (q)(1)-(3), probably means Pub. L. 101-549, Nov. 15, 1990, 104
    Stat. 2399. For complete classification of this Act to the Code,
    see Short Title note set out under section 7401 of this title and
    Tables.
      The Emergency Planning and Community Right-To-Know Act of 1986,
    referred to in subsec. (r)(3), is title III of Pub. L. 99-499, Oct.
    17, 1986, 100 Stat. 1728, which is classified generally to chapter
    116 (Sec. 11001 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    11001 of this title and Tables.
      The Occupational Safety and Health Act, referred to in subsec.
    (r)(6)(C)(ii), (K), (L), probably means the Occupational Safety and
    Health Act of 1970, Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590,
    as amended, which is classified principally to chapter 15 (Sec. 651
    et seq.) of Title 29, Labor. For complete classification of this
    Act to the Code, see Short Title note set out under section 651 of
    Title 29 and Tables.

CODIFICATION

      Section was formerly classified to section 1857c-7 of this title.

AMENDMENTS

      1999 - Subsec. (r)(2)(D). Pub. L. 106-40, Sec. 2(5), added
    subpar. (D).
      Subsec. (r)(4). Pub. L. 106-40, Sec. 2, substituted
    "Administrator -
        "(A) shall consider - "
    for "Administrator shall consider each of the following criteria -
    " in introductory provisions, redesignated subpars. (A) to (C) as
    cls. (i) to (iii), respectively, of subpar. (A) and added subpar.
    (B).
      Subsec. (r)(7)(H). Pub. L. 106-40, Sec. 3(a), added subpar. (H).
      1998 - Subsec. (n)(2)(C). Pub. L. 105-362 substituted "On
    completion of the study, the Secretary shall submit to Congress a
    report on the results of the study and" for "The Secretary shall
    prepare annual reports to Congress on the status of the research
    program and at the completion of the study".
      1991 - Subsec. (b)(1). Pub. L. 102-187 struck out "7783064
    Hydrogen sulfide" from list of pollutants.
      1990 - Pub. L. 101-549 amended section generally, substituting
    present provisions for provisions which related to: in subsec. (a),
    definitions; in subsec. (b), list of hazardous air pollutants,
    emission standards, and pollution control techniques; in subsec.
    (c), prohibited acts and exemption; in subsec. (d), State
    implementation and enforcement; and in subsec. (e), design,
    equipment, work practice, and operational standards.
      1978 - Subsec. (e)(5). Pub. L. 95-623 added par. (5).
      1977 - Subsec. (a)(1). Pub. L. 95-95, Sec. 401(c), substituted
    "causes, or contributes to, air pollution which may reasonably be
    anticipated to result in an increase in mortality or an increase in
    serious irreversible, or incapacitating reversible, illness" for
    "may cause, or contribute to, an increase in mortality or an
    increase in serious irreversible, or incapacitating reversible,
    illness".
      Subsec. (d)(1). Pub. L. 95-95, Sec. 109(d)(2), struck out
    "(except with respect to stationary sources owned or operated by
    the United States)" after "implement and enforce such standards".
      Subsec. (e). Pub. L. 95-95, Sec. 110, added subsec. (e).

CHANGE OF NAME

      Committee on Energy and Commerce of House of Representatives
    treated as referring to Committee on Commerce of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress. Committee on
    Commerce of House of Representatives changed to Committee on Energy
    and Commerce of House of Representatives, and jurisdiction over
    matters relating to securities and exchanges and insurance
    generally transferred to Committee on Financial Services of House
    of Representatives by House Resolution No. 5, One Hundred Seventh
    Congress, Jan. 3, 2001.

MISCELLANEOUS

                     EFFECTIVE DATE OF 1977 AMENDMENT
      Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as
    otherwise expressly provided, see section 406(d) of Pub. L. 95-95,
    set out as a note under section 7401 of this title.
                   TERMINATION OF REPORTING REQUIREMENTS
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which reports required under subsecs. (m)(5), (r)(6)(C)(ii), and
    (s) of this section are listed, respectively, as the 8th item on
    page 162, the 9th item on page 198, and the 9th item on page 162),
    see section 3003 of Pub. L. 104-66, as amended, set out as a note
    under section 1113 of Title 31, Money and Finance.
                      PENDING ACTIONS AND PROCEEDINGS
      Suits, actions, and other proceedings lawfully commenced by or
    against the Administrator or any other officer or employee of the
    United States in his official capacity or in relation to the
    discharge of his official duties under act July 14, 1955, the Clean
    Air Act, as in effect immediately prior to the enactment of Pub. L.
    95-95 [Aug. 7, 1977], not to abate by reason of the taking effect
    of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as
    an Effective Date of 1977 Amendment note under section 7401 of this
    title.
         MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS,
        DETERMINATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS,
                      DELEGATIONS, AND OTHER ACTIONS
      All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to act July 14, 1955, the
    Clean Air Act, as in effect immediately prior to the date of
    enactment of Pub. L. 95-95 [Aug. 7, 1977] to continue in full force
    and effect until modified or rescinded in accordance with act July
    14, 1955, as amended by Pub. L. 95-95 [this chapter], see section
    406(b) of Pub. L. 95-95, set out as an Effective Date of 1977
    Amendment note under section 7401 of this title.

DELEGATION OF AUTHORITY

      Memorandum of President of the United States, Aug. 19, 1993, 58
    F.R. 52397, provided:
      Memorandum for the Administrator of the Environmental Protection
    Agency
      WHEREAS, the Environmental Protection Agency, the agencies and
    departments that are members of the National Response Team
    (authorized under Executive Order No. 12580, 52 Fed. Reg. 2923
    (1987) [42 U.S.C. 9615 note]), and other Federal agencies and
    departments undertake emergency release prevention, mitigation, and
    response activities pursuant to various authorities;
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section
    112(r)(10) of the Clean Air Act (the "Act") (section 7412(r)(10) of
    title 42 of the United States Code) and section 301 of title 3 of
    the United States Code, and in order to provide for the delegation
    of certain functions under the Act [42 U.S.C. 7401 et seq.], I
    hereby:
      (1) Authorize you, in coordination with agencies and departments
    that are members of the National Response Team and other
    appropriate agencies and departments, to conduct a review of
    release prevention, mitigation, and response authorities of Federal
    agencies in order to assure the most effective and efficient
    implementation of such authorities and to identify any deficiencies
    in authority or resources that may exist, to the extent such review
    is required by section 112(r)(10) of the Act; and
      (2) Authorize you, in coordination with agencies and departments
    that are members of the National Response Team and other
    appropriate agencies and departments, to prepare and transmit a
    message to the Congress concerning the release prevention,
    mitigation, and response activities of the Federal Government with
    such recommendations for change in law as you deem appropriate, to
    the extent such message is required by section 112(r)(10) of the
    Act.
      The authority delegated by this memorandum may be further
    redelegated within the Environmental Protection Agency.
      You are hereby authorized and directed to publish this memorandum
    in the Federal Register.
                                                     William J. Clinton.
      Memorandum of President of the United States, Jan. 27, 2000, 65
    F.R. 8631, provided:
      Memorandum for the Attorney General[, ] the Administrator of the
    Environmental Protection Agency[, and] the Director of the Office
    of Management and Budget
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, including section
    112(r)(7)(H) of the Clean Air Act ("Act") (42 U.S.C.
    7412(r)(7)(H)), as added by section 3 of the Chemical Safety
    Information, Site Security and Fuels Regulatory Relief Act (Public
    Law 106-40), and section 301 of title 3, United States Code, I
    hereby delegate to:
      (1) the Attorney General the authority vested in the President
    under section 112(r)(7)(H)(ii)(I)(aa) of the Act to assess the
    increased risk of terrorist and other criminal activity associated
    with the posting of off-site consequence analysis information on
    the Internet;
      (2) the Administrator of the Environmental Protection Agency
    (EPA) the authority vested in the President under section
    112(r)(7)(H)(ii)(I)(bb) of the Act to assess the incentives created
    by public disclosure of off-site consequence analysis information
    for reduction in the risk of accidental releases; and
      (3) the Attorney General and the Administrator of EPA, jointly,
    the authority vested in the President under section
    112(r)(7)(H)(ii)(II) of the Act to promulgate regulations, based on
    these assessments, governing the distribution of off-site
    consequence analysis information. These regulations, in proposed
    and final form, shall be subject to review and approval by the
    Director of the Office of Management and Budget.
      The Administrator of EPA is authorized and directed to publish
    this memorandum in the Federal Register.
                                                     William J. Clinton.

REPORTS

      Pub. L. 106-40, Sec. 3(b), Aug. 5, 1999, 113 Stat. 213, provided
    that:
      "(1) Definition of accidental release. - In this subsection, the
    term 'accidental release' has the meaning given the term in section
    112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)).
      "(2) Report on status of certain amendments. - Not later than 2
    years after the date of enactment of this Act [Aug. 5, 1999], the
    Comptroller General of the United States shall submit to Congress a
    report on the status of the development of amendments to the
    National Fire Protection Association Code for Liquefied Petroleum
    Gas that will result in the provision of information to local
    emergency response personnel concerning the off-site effects of
    accidental releases of substances exempted from listing under
    section 112(r)(4)(B) of the Clean Air Act (as added by section 3).
      "(3) Report on compliance with certain information submission
    requirements. - Not later than 3 years after the date of enactment
    of this Act, the Comptroller General of the United States shall
    submit to Congress a report that -
        "(A) describes the level of compliance with Federal and State
      requirements relating to the submission to local emergency
      response personnel of information intended to help the local
      emergency response personnel respond to chemical accidents or
      related environmental or public health threats; and
        "(B) contains an analysis of the adequacy of the information
      required to be submitted and the efficacy of the methods for
      delivering the information to local emergency response
      personnel."
                        REEVALUATION OF REGULATIONS
      Pub. L. 106-40, Sec. 3(c), Aug. 5, 1999, 113 Stat. 213, provided
    that: "The President shall reevaluate the regulations promulgated
    under this section within 6 years after the enactment of this Act
    [Aug. 5, 1999]. If the President determines not to modify such
    regulations, the President shall publish a notice in the Federal
    Register stating that such reevaluation has been completed and that
    a determination has been made not to modify the regulations. Such
    notice shall include an explanation of the basis of such decision."
                  PUBLIC MEETING DURING MORATORIUM PERIOD
      Pub. L. 106-40, Sec. 4, Aug. 5, 1999, 113 Stat. 214, provided
    that:
      "(a) In General. - Not later than 180 days after the date of
    enactment of this Act [Aug. 5, 1999], each owner or operator of a
    stationary source covered by section 112(r)(7)(B)(ii) of the Clean
    Air Act [42 U.S.C. 7412(r)(7)(B)(ii)] shall convene a public
    meeting, after reasonable public notice, in order to describe and
    discuss the local implications of the risk management plan
    submitted by the stationary source pursuant to section
    112(r)(7)(B)(iii) of the Clean Air Act, including a summary of the
    off-site consequence analysis portion of the plan. Two or more
    stationary sources may conduct a joint meeting. In lieu of
    conducting such a meeting, small business stationary sources as
    defined in section 507(c)(1) of the Clean Air Act [42 U.S.C.
    7661f(c)(1)] may comply with this section by publicly posting a
    summary of the off-site consequence analysis information for their
    facility not later than 180 days after the enactment of this Act.
    Not later than 10 months after the date of enactment of this Act,
    each such owner or operator shall send a certification to the
    director of the Federal Bureau of Investigation stating that such
    meeting has been held, or that such summary has been posted, within
    1 year prior to, or within 6 months after, the date of the
    enactment of this Act. This section shall not apply to sources that
    employ only Program 1 processes within the meaning of regulations
    promulgated under section 112(r)(7)(B)(i) of the Clean Air Act.
      "(b) Enforcement. - The Administrator of the Environmental
    Protection Agency may bring an action in the appropriate United
    States district court against any person who fails or refuses to
    comply with the requirements of this section, and such court may
    issue such orders, and take such other actions, as may be necessary
    to require compliance with such requirements."
                 RISK ASSESSMENT AND MANAGEMENT COMMISSION
      Section 303 of Pub. L. 101-549 provided that:
      "(a) Establishment. - There is hereby established a Risk
    Assessment and Management Commission (hereafter referred to in this
    section as the 'Commission'), which shall commence proceedings not
    later than 18 months after the date of enactment of the Clean Air
    Act Amendments of 1990 [Nov. 15, 1990] and which shall make a full
    investigation of the policy implications and appropriate uses of
    risk assessment and risk management in regulatory programs under
    various Federal laws to prevent cancer and other chronic human
    health effects which may result from exposure to hazardous
    substances.
      "(b) Charge. - The Commission shall consider -
        "(1) the report of the National Academy of Sciences authorized
      by section 112(o) of the Clean Air Act [42 U.S.C. 7412(o)], the
      use and limitations of risk assessment in establishing emission
      or effluent standards, ambient standards, exposure standards,
      acceptable concentration levels, tolerances or other
      environmental criteria for hazardous substances that present a
      risk of carcinogenic effects or other chronic health effects and
      the suitability of risk assessment for such purposes;
        "(2) the most appropriate methods for measuring and describing
      cancer risks or risks of other chronic health effects from
      exposure to hazardous substances considering such alternative
      approaches as the lifetime risk of cancer or other effects to the
      individual or individuals most exposed to emissions from a source
      or sources on both an actual and worst case basis, the range of
      such risks, the total number of health effects avoided by
      exposure reductions, effluent standards, ambient standards,
      exposures standards, acceptable concentration levels, tolerances
      and other environmental criteria, reductions in the number of
      persons exposed at various levels of risk, the incidence of
      cancer, and other public health factors;
        "(3) methods to reflect uncertainties in measurement and
      estimation techniques, the existence of synergistic or
      antagonistic effects among hazardous substances, the accuracy of
      extrapolating human health risks from animal exposure data, and
      the existence of unquantified direct or indirect effects on human
      health in risk assessment studies;
        "(4) risk management policy issues including the use of
      lifetime cancer risks to individuals most exposed, incidence of
      cancer, the cost and technical feasibility of exposure reduction
      measures and the use of site-specific actual exposure information
      in setting emissions standards and other limitations applicable
      to sources of exposure to hazardous substances; and
        "(5) and comment on the degree to which it is possible or
      desirable to develop a consistent risk assessment methodology, or
      a consistent standard of acceptable risk, among various Federal
      programs.
      "(c) Membership. - Such Commission shall be composed of ten
    members who shall have knowledge or experience in fields of risk
    assessment or risk management, including three members to be
    appointed by the President, two members to be appointed by the
    Speaker of the House of Representatives, one member to be appointed
    by the Minority Leader of the House of Representatives, two members
    to be appointed by the Majority Leader of the Senate, one member to
    be appointed by the Minority Leader of the Senate, and one member
    to be appointed by the President of the National Academy of
    Sciences. Appointments shall be made not later than 18 months after
    the date of enactment of the Clean Air Act Amendments of 1990 [Nov.
    15, 1990].
      "(d) Assistance from Agencies. - The Administrator of the
    Environmental Protection Agency and the heads of all other
    departments, agencies, and instrumentalities of the executive
    branch of the Federal Government shall, to the maximum extent
    practicable, assist the Commission in gathering such information as
    the Commission deems necessary to carry out this section subject to
    other provisions of law.
      "(e) Staff and Contracts. -
        "(1) In the conduct of the study required by this section, the
      Commission is authorized to contract (in accordance with Federal
      contract law) with nongovernmental entities that are competent to
      perform research or investigations within the Commission's
      mandate, and to hold public hearings, forums, and workshops to
      enable full public participation.
        "(2) The Commission may appoint and fix the pay of such staff
      as it deems necessary in accordance with the provisions of title
      5, United States Code. The Commission may request the temporary
      assignment of personnel from the Environmental Protection Agency
      or other Federal agencies.
        "(3) The members of the Commission who are not officers or
      employees of the United States, while attending conferences or
      meetings of the Commission or while otherwise serving at the
      request of the Chair, shall be entitled to receive compensation
      at a rate not in excess of the maximum rate of pay for Grade GS-
      18, as provided in the General Schedule under section 5332 of
      title 5 of the United States Code, including travel time, and
      while away from their homes or regular places of business they
      may be allowed travel expenses, including per diem in lieu of
      subsistence as authorized by law for persons in the Government
      service employed intermittently.
      "(f) Report. - A report containing the results of all Commission
    studies and investigations under this section, together with any
    appropriate legislative recommendations or administrative
    recommendations, shall be made available to the public for comment
    not later than 42 months after the date of enactment of the Clean
    Air Act Amendments of 1990 [Nov. 15, 1990] and shall be submitted
    to the President and to the Congress not later than 48 months after
    such date of enactment. In the report, the Commission shall make
    recommendations with respect to the appropriate use of risk
    assessment and risk management in Federal regulatory programs to
    prevent cancer or other chronic health effects which may result
    from exposure to hazardous substances. The Commission shall cease
    to exist upon the date determined by the Commission, but not later
    than 9 months after the submission of such report.
      "(g) Authorization. - There are authorized to be appropriated
    such sums as are necessary to carry out the activities of the
    Commission established by this section."
      [References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.]

FOOTNOTE

    (!1) See References in Text note below.
    (!2) So in original. Probably should be "effects".
    (!3) So in original. Probably should be "section".
    (!4) So in original. Probably should be "Right-To-Know".
    (!5) So in original. Probably should be paragraph "(7)(B)".
    (!6) So in original. The word "or" probably should appear.
    (!7) So in original. The word "Administrator" probably should be
         "Secretary".
    (!8) So in original. Probably should be "subparagraph".
    (!9) So in original. Probably should be "(i)(II)".
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