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
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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.
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(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)".