§ 7412. — Hazardous air pollutants.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 42USC7412]
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
Sec. 7412. Hazardous air pollutants
(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.
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\1\ See References in Text note below.
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(b) List of pollutants
(1) Initial list
The Congress establishes for purposes of this section a list of
hazardous air pollutants as follows:
CAS
number Chemical name
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\ X'CN where X = H' or any other group where a formal dissociation may
occur. For example KCN or Ca(CN)2.
\2\ Includes mono- and di- ethers of ethylene glycol, diethylene glycol,
and triethylene glycol R-(OCH2CH2)n-OR' where
n = 1, 2, or 3
R = alkyl or aryl groups
R' = R, H, or groups which, when removed, yield glycol ethers with
the structure: R-(OCH2CH)n-OH. Polymers are excluded from the glycol
category.
\3\ Includes mineral fiber emissions from facilities manufacturing or
processing glass, rock, or slag fibers (or other mineral derived
fibers) of average diameter 1 micrometer or less.
\4\ Includes organic compounds with more than one benzene ring, and
which have a boiling point greater than or equal to 100C.
\5\ A type of atom which spontaneously undergoes radioactive decay.
(2) Revision of the list
The Administrator shall periodically review the list established
by this subsection and publish the results thereof and, where
appropriate, revise such list by rule, adding pollutants which
present, or may present, through inhalation or other routes of
exposure, a threat of adverse human health effects (including, but
not limited to, substances which are known to be, or may reasonably
be anticipated to be, carcinogenic, mutagenic, teratogenic,
neurotoxic, which cause reproductive dysfunction, or which are
acutely or chronically toxic) or adverse environmental effects
whether through ambient concentrations, bioaccumulation, deposition,
or otherwise, but not including releases subject to regulation under
subsection (r) of this section as a result of emissions to the air.
No air pollutant which is listed under section 7408(a) of this title
may be added to the list under this section, except that the
prohibition of this sentence shall not apply to any pollutant which
independently meets the listing criteria of this paragraph and is a
precursor to a pollutant which is listed under section 7408(a) of
this title or to any pollutant which is in a class of pollutants
listed under such section. No substance, practice, process or
activity regulated under subchapter VI of this chapter shall be
subject to regulation under this section solely due to its adverse
effects on the environment.
(3) Petitions to modify the list
(A) Beginning at any time after 6 months after November 15,
1990, any person may petition the Administrator to modify the list
of hazardous air pollutants under this subsection by adding or
deleting a substance or, in case of listed pollutants without CAS
numbers (other than coke oven emissions, mineral fibers, or
polycyclic organic matter) removing certain unique substances.
Within 18 months after receipt of a petition, the Administrator
shall either grant or deny the petition by publishing a written
explanation of the reasons for the Administrator's decision. Any
such petition shall include a showing by the petitioner that there
is adequate data on the health or environmental defects \2\ of the
pollutant or other evidence adequate to support the petition. The
Administrator may not deny a petition solely on the basis of
inadequate resources or time for review.
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\2\ So in original. Probably should be ``effects''.
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(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.
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\3\ So in original. Probably should be ``section''.
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(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 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) \4\ in preventing accidental releases. The Board
may from time to time review and revise its recommendations under
this subparagraph.
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\4\ So in original. Probably should be paragraph ``(7)(B)''.
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(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;
(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 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;
(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) Wi