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Clean Air Act: A Summary of the Act and Its Major Requirements

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Order Code RL30853 CRS Report for Congress Received through the CRS Web Clean Air Act: A Summary of the Act and Its Major Requirements Updated January 3, 2003May 9, 2005 James E. McCarthy, Coordinator Specialist in Environmental Policy Resources, Science, and Industry Division Congressional Research Service ˜ The Library of Congress Clean Air Act: A Summary of the Act and Its Major Requirements Summary This report summarizes the Clean Air Act and its major regulatory requirements. It excerpts, with minor modifications, the Clean Air Act chapter of CRS Report RL30798, which summarizes a dozen environmental statutes that form the basis for the programs of the Environmental Protection Agency. The principal statute addressing air quality concerns, the Clean Air Act was first enacted in 1955, with major revisions in 1970, 1977, and 1990. The Act requires EPA to set health-based standards for ambient air quality, sets deadlines for the achievement of those standards by state and local governments, and setsrequires EPA to set national emission standards for large or ubiquitous sources of air pollution, including motor vehicles, power plants, and other industrial sources. In addition, the Act mandates emission controls for sources of 188 hazardous air pollutants, requires the prevention of significant deterioration of air quality in areas with clean air, requires a program to restore visibility impaired by regional haze in national parks and wilderness areas, and implements the Montreal Protocol to phase out most ozone-depleting chemicals. This report describes the Act’s major provisions and provides tables listing all major amendments, with the year of enactment and Public Law number, and crossreferencing sections of the Act with the major U.S. Code sections of the codified statute. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 National Ambient Air Quality Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 State Implementation Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Nonattainment Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Requirements for Ozone Nonattainment Areas . . . . . . . . . . . . . . . . . . . 5 Requirements for Carbon Monoxide Nonattainment Areas . . . . . . . . . 7 Requirements for Particulate Nonattainment Areas . . . . . . . . . . . . . . . . 78 Emission Standards for Mobile Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Hazardous Air Pollutants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 910 New Source Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Solid Waste Incinerators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Prevention of Significant Deterioration / Regional Haze . . . . . . . . . . . . . . 12 Acid Deposition Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Stratospheric Ozone Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Selected References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 List of Tables Table 1. Clean Air Act and Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Table 2. Ozone Nonattainment Classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Table 3. Major U.S. Code Sections of the Clean Air Act . . . . . . . . . . . . . . . . . . 18 Clean Air Act: A Summary of the Act and Its Major Requirements Introduction The authorities and responsibilities of the Environmental Protection Agency (EPA) derive primarily from a dozen major environmental statutes. This report provides a concise summary of one of those statutes, the Clean Air Act. It provides a very brief history of federal involvement in air quality regulation and of the provisions added by legislation in 1970, 1977, and 1990; it explains major authorities contained in the Act; it defines key terms; and it lists references for more detailed information on the Act and its implementation. While this report attempts to present the essence of the Act, it is necessarily incomplete. Many details and secondary provisions are omitted. In addition, the report describes the statute largely without discussing its implementation. Statutory deadlines to control emissions and achieve particular mandates have often been missed as a result of delayed standard-setting by EPA, delayed action on implementation by states and local governments, or law suits brought by interested parties. Other CRS products, including CRS Issue Brief IB10107IB10137 (Clean Air Act Issues Issues in the 108th109th Congress) and about a dozen CRS reports discuss implementation concerns and current issues. Readers interested in a more comprehensive discussion of the history of the Act are referred to CRS Report 83-34 ENR, Environmental Protection: An Historical Review of the Legislation and Programs of the Environmental Protection Agency. Overview The Clean Air Act, codified as 42 U.S.C. 7401 et seq., seeks to protect human health and the environment from emissions that pollute ambient, or outdoor, air. It requires the Environmental Protection Agency to establish minimum national standards for air quality, and assigns primary responsibility to the states to assure compliance with the standards. Areas not meeting the standards, referred to as “nonattainment areas,” are required to implement specified air pollution control measures. The Act establishes federal standards for mobile sources of air pollution, for sources of 188 hazardous air pollutants, and for the emissions that cause acid rain. It establishes a comprehensive permit system for all major sources of air pollution. It also addresses the prevention of pollution in areas with clean air and protection of the stratospheric ozone layer. Like many other programs administered by the Environmental Protection Agency, federal efforts to control air pollution have gone through several phases, CRS-2 Table 1. Clean Air Act and Amendments (codified generally as 42 U.S.C. 7401-7671) Year 1955 1959 1960 1963 1965 1966 1967 1970 1973 1974 1977 1980 1981 1987 1990 1995-696 1999 2004 Act Air Pollution Control Act Reauthorization Motor vehicle exhaust study Clean Air Act Amendments Motor Vehicle Air Pollution Control Act Clean Air Act Amendments of 1966 Air Quality Act of 1967 National Air Emission Standards Act Clean Air Act Amendments of 1970 Reauthorization Energy Supply and Environmental Coordination Act of 1974 Clean Air Act Amendments of 1977 Acid Precipitation Act of 1980 Steel Industry Compliance Extension Act of 1981 Clean Air Act 8-month Extension Clean Air Act Amendments of 1990 Relatively minor laws amending the Act Chemical Safety Information, Site Security and Fuels Fuels Regulatory Relief Act Amendments to §209 re small engines Public Law Number P.L. 84-159 P.L. 86-353 P.L. 86-493 P.L. 88-206 P.L. 89-272, titleTitle I P.L. 89-675 P.L. 90-148 P.L. 91-604 P.L. 93-13 P.L. 93-319 P.L. 95-95 P.L. 96-294, titleTitle VII P.L. 97-23 P.L. 100-202 P.L. 101-549 P.L. 104-6, 59, 70, 260 P.L. 106-40 P.L. 108-199, Division G, Title IV, Section 428 Like many other programs administered by the Environmental Protection Agency, federal efforts to control air pollution have gone through several phases, beginning with information collection, research, and technical assistance, before being strengthened in subsequent amendments, notably the Clean Air Act Amendments of 1970, 1977, and 1990. The 1970 amendments established the procedures under which EPA sets national standards for air quality, required a 90% reduction in emissions from new automobiles by 1975, established a program to require the best available control technology at major new sources of air pollution, established a program to regulate air toxics, and greatly strengthened federal enforcement authority. The 1977 amendments adjusted the auto emission standards, extended deadlines for the attainment of air quality standards, and added the Prevention of Significant Deterioration program to protect air cleaner than national standards. Changes to the Act in 1990 included provisions to (1) classify nonattainment areas according to the extent to which they exceed the standard, tailoring deadlines, planning, and controls to each area’s status; (2) tighten auto and other mobile source emission standards; (3) require reformulated and alternative fuels in the most polluted areas; (4) revise the air toxics section, establishing a new program of technology-based standards and addressing the problem of sudden, catastrophic releases of toxics; (5) establish an acid rain control program, with a marketable allowance scheme to provide flexibility in implementation; (6) require a state-run permit program for the operation of major sources of air pollutants; (7) implement the Montreal Protocol to phase out most ozone-depleting chemicals; and (8) update CRS-3 the enforcement provisions so that they parallel those in other pollution control acts, including authority for EPA to assess administrative penalties. CRS-3 The 1990 amendments also authorized appropriations for clean air programs through fiscal year 1998FY1998. The Act has not been reauthorized since then. House rules require require enactment of an authorization before an appropriation bill can be considered; but this requirement can be waived and frequently has been. Thus, while authorization of appropriations in the Clean Air Act (and most other environmental statutes) have expired, programs have continued and have been funded. The Act’s other legal authorities, to issue and enforce regulations, are, for the most part, permanent and are not affected by the lack of authorization. The remainder of this report describes major programs required by the Act, with an emphasis on the changes established by the 1990 amendments. National Ambient Air Quality Standards In section 109, the Act requires EPA to establish National Ambient Air Quality Standards (NAAQS) for several types of air pollutants. The NAAQS must be designed to protect public health and welfare with an adequate margin of safety. Using this authority, EPA has promulgated NAAQS for six air pollutants: sulfur dioxide (SO2), particulate matter (PM2.5 and PM10), nitrogen dioxide (NO2), carbon monoxide (CO), ozone,1 and lead. The Act requires EPA to review the scientific data upon which the standards are based, and revise the standards, if necessary, every 5five years. More often than not, however, EPA has taken more than 5five years in reviewing reviewing and revising the standards. Originally, the Act required that the NAAQS be attained by 1977 at the latest, but the states experienced widespread difficulty in complying with these deadlines. As a result, the deadlines have been extended several times. Under the 1990 amendments, areas not in attainment with NAAQS must meet special compliance schedules, staggered according to the severity of an area’s air pollution problem. The amendments also established specific requirements for each nonattainment category, as described below. State Implementation Plans While the Act authorizes the EPA to set NAAQS, the states are responsible for establishing procedures to attain and maintain the standards. Under Section 110 of the Act, the states adopt plans, known as State Implementation Plans (SIPs), and submit them to EPA to ensure that they are adequate to meet statutory requirements. SIPs are based on emission inventories and computer models to determine whether air quality violations will occur. If these data show that standards would be exceeded, the state imposes additional controls on existing sources to ensure that emissions do not cause “exceedances” of the standards. Proposed new and modified sources must obtain state construction permits in which the applicant shows how the 1 Unlike the other NAAQS pollutants, ozone is not directly emitted, but rather is formed in the atmosphere by the interaction of volatile organic compounds (VOCs) and nitrogen oxides (NOx) in the presence of sunlight. The control of ozone is, thus, based on regulating emissions of VOCs and NOx. CRS-4 exceeded, the state imposes additional controls on existing sources to ensure that emissions do not cause “exceedances” of the standards. Proposed new and modified sources must obtain state construction permits in which the applicant shows how the anticipated emissions will not exceed allowable limits. In nonattainment areas, emissions from new or modified sources must also be offset by reductions in emissions from existing sources. The 1990 amendments require EPA to impose sanctions in areas which fail to submit a SIP, fail to submit an adequate SIP, or fail to implement a SIP: unless the state corrects such failures, a 2-to-1 emissions offset for the construction of new polluting sources is imposed 18 months after notification to the state, and a ban on most federal highway grants is imposed 6six months later. An additional ban on air quality grants is discretionary. Ultimately, a Federal Implementation Plan may be imposed if the state fails to submit or implement an adequate SIP. The amendments also require that, in nonattainment areas, no federal permits or financial assistance may be granted for activities that do not “conform” to a State Implementation Plan. This requirement can cause a halttemporary suspension in funding for most highway and transit projects if an area fails to demonstrate that the emissions caused by such projects are consistent with attainment and maintenance of ambient air quality standards. Demonstrating conformity of transportation plans and SIPs is required in nonattainment areas at least every threetwo years. Nonattainment Requirements In a major departure from the prior law, the 1990 Clean Air Act Amendments group nonattainment areas into classifications based on the extent to which the NAAQS is exceeded, and establish specific pollution controls and attainment dates for each classification. These requirements are described here as spelled out in Sections 171-193 of the Act. The most extensive requirements apply to areas failing to attain the ozone standard of 0.12 parts per million, averaged over 1-hour periods. (Because they are specified in the statute, these provisions continue in place, even though EPA modified the ozone standard through regulations promulgated in July 1997, changing it to 0.08 parts per million averaged over 8-hour periods.) Sections 171-193 of the Act.2 Nonattainment areas are classified on the basis of a “design value,” which is derived from the pollutant concentration (in parts per million or micrograms per cubic meter) recorded by air quality monitoring devices. The design value for the 1-hour1hour ozone standard is the fourth highest hourly reading measured during the most recent 3three-year period. Using these design values, the Act created five classes of ozone nonattainment, as shown in Table 2. Only Los Angeles fell into the “extreme” class, but 97 other areas were classified in one of the other four ozone categories. A simpler classification system establishes moderate and serious nonattainment areas for carbon monoxide and particulate matter with correspondingly more stringent control requirements for the more polluted class. As shown in the table, for ozone nonattainment areas the deadlines for attainment stretch from 1993 to 2010, depending on the severity of the problem. For carbon monoxide, the attainment date for moderate areas was December 31, 1995, and for serious areas, December 31, 2000. For particulate matter, the deadline for polluted class. 2 EPA has modified the ozone standard, specified in the statute as 0.12 parts per million averaged over a 1-hour period, to 0.08 parts per million averaged over an 8-hour period, through regulations promulgated in July 1997. In April 2004, the agency promulgated an implementation rule for the new 8-hour standard. Under this rule, the 1-hour standard would be revoked as of June 15, 2005, and areas that had not yet attained it would be converted to new classifications depending on their 8-hour concentration of ozone. The revocation of the 1-hour standard has been challenged in court, and it is unclear whether the agency’s implementation plan will supplant the statutory provisions. CRS-5 Table 2. Ozone Nonattainment Classifications Class Marginal Moderate Serious Severe Extreme Deadline 1993 1996 1999 2005-07* 2010 Areas** 42 areas 32 areas 14 areas 9 areas 1 area Design Value 0.121 ppm0.138 ppm 0.138 ppm0.160 ppm 0.160 ppm0.180 ppm 0.180 ppm0.280 ppm >0.280 ppm * Areas with a 1988 design value between 0.190 and 0.280 ppm have 17 years to attain; others have 15 years. ** Number of areas in each category as of the date of enactment. areas ** As shown in the table, for ozone nonattainment areas the deadlines for attainment stretch from 1993 to 2010, depending on the severity of the problem. (Under the 8-hour rule, these deadlines will be changed to 2007 to 2021.) For carbon monoxide, the attainment date for moderate areas was December 31, 1995, and for serious areas, December 31, 2000. For particulate matter, the deadline for areas designated moderate nonattainment as of 1990 was December 31, 1994; for those those areas subsequently designated as moderate, the deadline is 6six years after designation. For serious areas, the respective deadlines are December 31, 2001 or 10 years after designation. Requirements for Ozone Nonattainment Areas. Although areas with more severe air pollution problems have a longer time to meet the standards, more stringent control requirements are imposed in areas with worse pollution. A summary of the primary ozone control requirements for each nonattainment category follows. Marginal Areas ! Inventory emissions sources (to be updated every 3three years). ! ! Require 1.1 to 1 offsets (i.e., industries must reduce emissions from existing facilitiesnew major emission sources of volatile organic compounds [VOCs] must reduce VOC emissions from existing facilities in the area by 10% more than the emissions of any the new facility opened in the area). ! ). ! Impose reasonably available control technology (RACT) on all major sources emitting more than 100 tons per year for the nine industrial categories where EPA had already issued control technique guidelines describing RACT prior to 1990. Moderate Areas ! ! Meet all requirements for marginal areas. ! ! Impose a 15% reduction in volatile organic compounds (VOCs) in 6 years. ! VOC emissions in six years. CRS-6 ! Adopt a basic vehicle inspection and maintenance program. ! ! Impose RACT on all major sources emitting more than 100 tons per year for all additional industrial categories where EPA will issue control technique guidelines describing RACT. CRS-6 ! ! Require vapor recovery at gas stations selling more than 10,000 gallons per month. ! ! Require 1.15 to 1 offsets. Serious Areas ! ! Meet all requirements for moderate areas. ! ! Reduce definition of a major source of VOCs from emissions of 100 tons per year to 50 tons per year for the purpose of imposing RACT. ! ! Reduce VOCs 3% annually for years 7 to 9 after the 15% reduction already already required by year 6. ! ! Improve monitoring. ! ! Adopt an enhanced vehicle inspection and maintenance program. ! ! Require fleet vehicles to use clean alternative fuels. ! ! Adopt transportation control measures if the number of vehicle miles traveled traveled in the area is greater than expected. ! ! Require 1.2 to 1 offsets. ! ! Adopt contingency measures if the area does not meet required VOC reductions. Severe Areas ! ! Meet all requirements for serious areas. ! ! Reduce definition of a major source of VOCs from emissions of 50 tons per year to 25 tons per year for the purpose of imposing RACT. ! ! Adopt specified transportation control measures. ! ! Implement a reformulated gasoline program. ! ! Require 1.3 to 1 offsets. ! ! Impose $5,000 per ton penalties on major sources if the area does not meet required reductions. CRS-7 Extreme Areas ! Meet all requirements for severe areas. CRS-7 ! ! Reduce definition of a major source of VOCs from emissions of 25 tons per year to 10 tons per year for the purpose of imposing RACT. ! ! Require clean fuels or advanced control technology for boilers emitting more than 25 tons per year of NOx. ! ! Require 1.5 to 1 offsets. As noted, EPA promulgated a new, 8-hour ozone standard in July 1997. Under legislation adopted subsequent to this promulgation (P.L. 105-178, Title VI), the Agency was to designate Following extensive court challenges, the agency designated nonattainment areas for the new standard in July 2000; in light of court challenges to the standard, this deadline was further extended to June 15, 2001 by P.L. 106-377. The Agency still had not designated the areas as of November 2002; but in that month, it announced settlement of a lawsuit, under the terms of which it agreed to designate the areas by the new standard on April 15, 2004. State Implementation Plans must be submitted within 3three years of an area’s designation. Requirements for Carbon Monoxide Nonattainment Areas. As with ozone nonattainment areas, carbon monoxide (CO) nonattainment areas are subjected to specified control requirements, with more stringent requirements in Serious nonattainment areas. A summary of the primary CO control requirements for each nonattainment category follows. Moderate Areas ! Conduct an inventory of emissions sources. ! ! Forecast total vehicle miles traveled in the area. ! ! Adopt an enhanced vehicle inspection and maintenance program. ! ! Demonstrate annual improvements sufficient to attain the standard. Serious Areas ! ! Adopt specified transportation control measures. ! ! Implement an oxygenated fuels program for all vehicles in the area. ! ! Reduce definition of a major source of CO from emissions of 100 tons per year to 50 tons per year if stationary sources contribute significantly to the CO problem. Serious areas failing to attain the standard by the deadline have to revise their SIP and demonstrate reductions of 5% per year until the standard is attained. CRS-8 Requirements for Particulate Nonattainment Areas. Particulate (PM10) nonattainment areas are also subject to specified control requirements. These are: CRS-8 Moderate Areas ! Require permits for new and modified major stationary sources of PM10. ! ! Impose reasonably available control measures (RACM). Serious Areas ! ! Impose best available control measures (BACM). ! ! Reduce definition of a major source of PM10 from 100 tons per year to 70 tons per year. In July 1997, EPA promulgated new standards for fine particulates (PM2.5). The PM2.5 standards will not be implemented for several years, however, because of the were also subject to court challenges. The absence of a monitoring network capable of measuring the pollutant. Under P.L. 105-178, EPA has until December 2005 to designate nonattainment areas for PM2.5. States will have 3 delayed implementation as well. Nonattainment areas for PM2.5 were designated on January 5, 2005. States will have three years subsequent to designation to submit State Implementation Plans. Emission Standards for Mobile Sources Title II of the Clean Air Act has required emission standards for automobiles since 1968. The 1990 amendments significantly tightened these standards: for cars, the hydrocarbon standard was reduced by 40% and the nitrogen oxides (NOx) standard by 50%. The new standards — referred to as “Tier 1" standards — were phased in over the 1994-1996 model years. The amendments envisioned a further set of reductions (“Tier 2" standards), but not before model year 2004. For Tier 2 standards to be promulgated, the Agencyagency was first required to report to Congress concerning the need for further emission reductions, the availability of technology to achieve such reductions, and the costeffectiveness of such controls compared to other means of attaining air quality standards. EPA submitted this report to Congress in August 1998, concluding that further emission reductions were needed and that technology to achieve such reductions was available and cost-effective. Tier 2 standards, requiring emission reductions of 77% to 95% from cars and light trucks were promulgated in February 2000, and will beare being phased in over the 2004-2009 model years. To facilitate the use of more effective emission controls, the standards also require a more than 90% reduction in the sulfur content of gasoline, beginning in 2004. The 1990 amendments also required that oxygenated gasoline, designed to reduce emissions of carbon monoxide, be sold in the worst CO nonattainment areas and that “reformulated” gasoline (RFG), designed to reduce emissions of volatile organic compounds and toxic air pollutants, be sold in the nine worst ozone nonattainment areas (Los Angeles, San Diego, Houston, Baltimore, Philadelphia, New York, Hartford, Chicago, and Milwaukee); a tenth area, Sacramento, was added in 1996. Other ozone metropolitan Washington, D.C., and CRS-9 four areas in California were added to the mandatory list later. Other ozone nonattainment areas can opt in to the RFG program; as of 1998, 18 2005, additional areas in 12 states and the District of Columbia 11 states had done so. CRS-9 Use of alternative fuels and development of cleaner engines was to be stimulated by the Clean-Fuel Fleet Program. In all of the most seriously polluted ozone and CO nonattainment areas, centrally fueled fleets of 10 or more passenger cars and light-duty trucks must purchase at least 30% clean-fuel vehicles when they add new vehicles to existing fleets, starting in 1999. (The Act originally required the program to begin in 1998, but the start was delayed by a year.) The percentage rose to 50% in 2000 and 70% in 2001. Heavy-duty fleets are required to purchase at least 50% clean-fuel vehicles annually. A clean fuel vehicle is one which meets Low Emission Vehicle (LEV) standards and operates on reformulated gasoline, reformulated diesel, methanol, ethanol, natural gas, liquefied petroleum gas, hydrogen, or electricity. In addition to the above program, California’s Zero Emission Vehicle (ZEV) program also is intended to promote the development of alternative fuels and vehicles. Section 209(b) of the Clean Air Act grants California the authority to develop its own vehicle emissions standards if those standards are at least as stringent as the federal standards. In addition to setting more stringent standards for all vehicles, California has used this authority to establish a program requiring auto manufacturers to sell ZEVs (electric or hydrogen fuel cell vehicles) in the state beginning in 2003. This program has been substantially modified since it was enacted, and now allows credit for hybrid and partial ZEV vehicles in addition to true ZEVs, but it has served as an incubator for lower emission technologies since its adoption. Section 177 of the Act allows other states to adopt California’s stricter stricter standards: Maine, Massachusetts, New York, and Vermont have done so, and three other northeastern states (Connecticut, New Jersey, and Rhode Island) will do so over the next few years. The 1990 amendments also imposed tighter requirements on certification (an auto’s useful life is defined as 100,000 miles instead of the earlier 50,000 miles), on emissions allowed during refueling, on low temperature CO emissions, on in-use performance over time, and on warranties for the most expensive emission control components (8 years/80,000 miles for the catalytic converter, electronic emissions control unit, and onboard emissions diagnostic unit). Regulations were also extended to include nonroad fuels and engines. Standards for trucks and buses using diesel engines were also strengthened. The 1990 amendments required new urban buses to reduce emissions of diesel particulates 92% by 1996, and all other heavy-duty diesel engines to achieve an 83% reduction by the same year. NOx emissions must also be reduced, 33% by 1998. Authority to further strengthen these standards led to promulgation in January 2001 of new emission standards requiring a further 90%-95% reduction in emissions phased in over the 2007-2010 model years, and a reduction of 97% in the allowable amount of sulfur in highway diesel fuel. CRS-10 Hazardous Air Pollutants2Pollutants3 Completely rewritten by the Clean Air Act Amendments of 1990, Section 112 of the Act establishes programs for protecting the public health and environment from exposure to toxic air pollutants. As revised by the 1990 amendments, the section contains four major provisions: Maximum Achievable Control Technology (MACT) requirements; health-based standards; standards for stationary “area 2 This section of the report was written by Linda-Jo Schierow, Specialist in Environmental Policy. CRS-10 sources” (small, but numerous sources, such as gas stations or dry cleaners, that collectively emit significant quantities of hazardous pollutants); and requirements for the prevention of catastrophic releases. First, EPA is to establish technology-based emission standards, called MACT standards, for sources of 188 pollutants listed in the legislation, and to specify categories of sources subject to the emission standards.34 EPA is to revise the standards periodically (at least every 8eight years). EPA can, on its initiative or in response to a petition, add or delete substances or source categories from the lists. Section 112 establishes a presumption in favor of regulation for the designated chemicals; it requires regulation of a designated pollutant unless EPA or a petitioner is able to show “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 human health or adverse environmental effects.” EPA is required to set standards for sources of the listed pollutants that achieve “the maximum degree of reduction in emissions” taking into account cost and other non-air-quality factors. These MACT standards for new sources “shall not be less stringent than the most stringent emissions level that is achieved in practice by the best controlled similar source.” The standards for existing sources may be less stringent than those for new sources, but must be no less stringent than the emission limitations achieved by either the best performing 12% of existing sources (if there are more than 30 such sources in the category or subcategory) or the best performing 5 similar sources (if there are fewer than 30). Existing sources are given 3three years following promulgation of standards to achieve compliance, with a possible 1one-year extension; additional extensions may be available for special circumstances or for certain categories of sources. Existing sources that achieve voluntary early emissions reductions will receive a 6six-year extension for compliance with MACT. The second major provision of Section 112 directs EPA to set health-based standards to address situations in which a significant residual risk of adverse health effects or a threat of adverse environmental effects remains after installation of MACT. This provision requires that EPA, after consultation with the Surgeon General of the United States, submit a report to Congress on the public health 3 This section of the report was written by Linda-Jo Schierow, Specialist in Environmental Policy. 4 The 1990 amendments specified 189 pollutants, but Public Law 102-187, enacted on December 4, 1991, deleted hydrogen sulfide from the list of toxic pollutants, leaving only 188. CRS-11 significance of residual risks, and recommend legislation regarding such risks. If Congress does not legislate in response to EPA’s recommendations, then EPA is required to issue standards for categories of sources of hazardous air pollutants as necessary to protect the public health with an ample margin of safety or to prevent an adverse environmental effect. A residual risk standard is required for any source emitting a cancer-causing pollutant that poses an added risk to the most exposed person of more than 1one-in-a-million. Residual risk standards would be due 8 years eight years after promulgation of MACT for the affected source category. Existing sources 3 The 1990 amendments specified 189 pollutants, but Public Law 102-187, enacted on December 4, 1991, deleted hydrogen sulfide from the list of toxic pollutants, leaving only 188. CRS-11 would have 90 days to comply with a residual risk standard, with a possible 2two-year extension. In general, residual risk standards do not apply to area sources. The law directed EPA to contract with the National Academy of Sciences (NAS) for a study of risk assessment methodology, and created a Risk Assessment and Management Commission to investigate and report on policy implications and appropriate uses of risk assessment and risk management. In 1994 NAS published its report, Science and Judgment in Risk Assessment. The Commission study, Framework for Environmental Health Risk Management, was released in 1997. Third, in addition to the technology-based and health-based programs for major sources of hazardous air pollution, EPA is to establish standards for stationary “area sources” determined to present a threat of adverse effects to human health or the environment. The provision requires EPA to regulate the stationary area sources responsible for 90% of the emissions of the 30 hazardous air pollutants that present the greatest risk to public health in the largest number of urban areas. In setting the standard, EPA can impose less stringent “generally available” control technologies, rather than MACT. Finally, Section 112 addresses prevention of sudden, catastrophic releases of air toxics by establishing an independent Chemical Safety and Hazard Investigation Board. The Board is responsible for investigating accidents involving releases of hazardous substances, conducting studies, and preparing reports on the handling of toxic materials and measures to reduce the risk of accidents. EPA is also directed to issue prevention, detection, and correction requirements for catastrophic releases of air toxics by major sources. Section 112(r) requires owners and operators to prepare risk management plans including hazard assessments, measures to prevent releases, and a response program. New Source Performance Standards4Standards5 Section 111 of the Act requires EPA to establish nationally uniform, technology-based standards (called New Source Performance Standards, or NSPS) for categories of new industrial facilities. These standards accomplish two goals: first, they establish a consistent baseline for pollution control that competing firms must meet, and thereby remove any incentive for states or communities to weaken 5 This section of the report was written by Larry B. Parker, Specialist in Energy and Environmental Policy. CRS-12 air pollution standards in order to attract polluting industry; and second, they preserve clean air to accommodate future growth, as well as for its own benefits. NSPS establish maximum emission levels for new major stationary sources — powerplants, steel mills, and smelters, for example — with the emission levels determined by the best “adequately demonstrated” continuous control technology available, taking costs into account. EPA must regularly revise and update NSPS applicable to designated sources as new technology becomes available, since the goal 4 This section of the report was written by Larry B. Parker, Specialist in Energy and Environmental Policy. CRS-12 is to prevent new pollution problems from developing and to force the installation of new control technology. The standards also apply to modifications of existing facilities, through a process called New Source Review (NSR). The law’s ambiguity regarding what constitutes a modification (subject to NSR) as opposed to routine maintenance of a facility has led to litigation, with EPA recently proposing to modify its interpretation of the requirements of this section. Solid Waste Incinerators Prior to 1990, solid waste incinerators, which emit a wide range of pollutants, were subject to varying degrees of state and federal regulation depending on their size, age, and the type of waste burned. In a new Section 129, the 1990 amendments established more consistent federal requirements specifying that emissions of 10 categories of pollutants be regulated at new and existing incinerators burning municipal solid waste, medical waste, and commercial and industrial waste. The amendments also established emissions monitoring and operator training requirements. Prevention of Significant Deterioration / Regional Haze5Haze6 Sections 160-169 of the act establish requirements for the prevention of significant deterioration of air quality (PSD). The PSD program reflects the principle that areas where air quality is better than that required by NAAQS should be protected from significant new air pollution even if NAAQS would not be violated. The Act divides clean air areas into three classes, and specifies the increments of SO2 and particulate pollution allowed in each. Class I areas include international and national parks, wilderness and other pristine areas; allowable increments of new pollution are very small. Class II areas include all attainment and not classifiable areas, not designated as Class I; allowable increments of new pollution are modest. Class III represents selected areas that states may designate for development; allowable increments of new pollution are large (but not exceeding NAAQS). Through an elaborate hearing and review process, a state can have regions redesignated from Class II to Class III (although none have yet been so redesignated). 6 This section of the report was written by Larry B. Parker, Specialist in Energy and Environmental Policy and James E. McCarthy, Specialist in Environmental Policy. CRS-13 While the 1977 amendments only stipulated PSD standards for two pollutants, SO2 and particulates, EPA is supposed to establish standards for other criteria pollutants. Thus far, only one of the other four (NO2) has been addressed: the Agency agency promulgated standards for NO2 in 1988. Newly constructed polluting sources in PSD areas must install best available control technology (BACT) that may be more strict than that required by NSPS. The justifications of the policy are that it protects air quality, provides an added margin 5 This section of the report was written by Larry B. Parker, Specialist in Energy and Environmental Policy and James E. McCarthy, Specialist in Environmental Policy. CRS-13 of health protection, preserves clean air for future development, and prevents firms from gaining a competitive edge by “shopping” for clean air to pollute. In Sections 169A and B, the Act also sets a national goal of preventing and remedying impairment of visibility in national parks and wilderness areas, and requires EPA to promulgate regulations to assure reasonable progress toward that goal. In the 1990 Amendments, Congress strengthened these provisions, which had not been implemented. The amendments required EPA to establish a Grand Canyon Visibility Transport Commission, composed of Governors from each state in the affected region, an EPA designee, and a representative of each of the national parks or wilderness areas in the region. Other visibility transport commissions can be established upon EPA’s discretion or upon petition from at least two states. Within 18 months of receiving a report from one of these commissions, EPA is required to promulgate regulations to assure reasonable progress toward the visibility goal, including requirements that states update their State Implementation Plans to contain emission limits, schedules of compliance, and other measures necessary to make reasonable progress. Specifically mentioned is a requirement that states impose Best Available Retrofit Technology on existing sources of emissions impairing visibility. The Grand Canyon Commission delivered a set of recommendations to EPA in June 1996, and the Agencyagency subsequently promulgated a “regional haze” program applicable to all 50 states under this authority. Acid Deposition Control6Control7 The Clean Air Act Amendments of 1990 added an acid deposition control program (Title IV) to the Act. It sets goals for the year 2000 of reducing annual SO2 emissions by 10 million tons from 1980 levels and reducing annual NOx emissions by 2 million tons, also from 1980 levels. The SO2 reductions are imposed in two steps. Under Phase 1, owners/operators of 111 electric generating facilities listed in the law that are larger than 100 megawatts had to meet tonnage emission limitations by January 1, 1995. This would reduce SO2 emission by about 3.5 million tons. Phase 2 included facilities larger than 75 megawatts, with a deadline of January 1, 2000. So far, compliance has been 100%. 7 This section of the report was written by Larry B. Parker, Specialist in Energy and Environmental Policy. CRS-14 To introduce some flexibility in the distribution and timing of reductions, the Act creates a comprehensive permit and emissions allowance system. An allowance is a limited authorization to emit a ton of SO2. Issued by EPA, the allowances would be allocated to Phase 1 and Phase 2 units in accordance with baseline emissions estimates. Powerplants which commence operation after November 15, 1990 would not receive any allowances. These new units would have to obtain allowances (offsets) from holders of existing allowances. Allowances may be traded nationally 6 This section of the report was written by Larry B. Parker, Specialist in Energy and Environmental Policy. CRS-14 during either phase. The law also permits industrial sources and powerplants to sell allowances to utility systems under regulations to be developed by EPA. Allowances may be banked by a utility for future use or sale. The Act provided for two types of sales to improve the liquidity of the allowance system and to ensure the availability of allowances for utilities and independent power producers who need them. First, a special reserve fund consisting of 2.8% of Phase 1 and Phase 2 allowance allocations has been set aside for sale. Allowances from this fund (25,000 annually from 1993-1999 and 50,000 thereafter) are sold at a fixed price of $1,500 an allowance. Independent power producers have guaranteed rights to these allowances under certain conditions. Second, an annual, open auction sells allowances (150,000 from 1993-1995, and 250,000 from 19961999) with no minimum price. Utilities with excess allowances may have them auctioned off at this auction, and any person may buy allowances. The Act essentially caps SO2 emissions at individual existing sources through a tonnage limitation, and at future plants through the allowance system. First, emissions from most existing sources are capped at a specified emission rate times an historic baseline level. Second, for plants commencing operation after November 15, 1990, emissions must be completely offset with additional reductions at existing facilities beginning after Phase 2 compliance. However, as noted above, the law provides some allowances to future powerplants which meet certain criteria. The utility SO2 emission cap is set at 8.9 million tons, with some exceptions. The Act provides that if an affected unit does not have sufficient allowances to cover its emissions, it is subject to an excess emission penalty of $2,000 per ton of SO2 and required to reduce an additional ton of SO2 the next year for each ton of excess pollutant emitted. The Act also requires EPA to inventory industrial emissions of SO2 and to report every 5five years, beginning in 1995. If the inventory shows that industrial emissions may reach levels above 5.60 million tons per year, then EPA is to take action under the Act to ensure that the 5.60 million ton cap is not exceeded. The Act requires EPA to set specific NOx emission rate limitations0.45 lb. per per million Btu for tangentially-fired boilers and 0.50 lb. per million Btu for wall-fired wallfired boilers — unless those rates can not be achieved by low-NOx burner technology. Tangentially and wall-fired boilers affected by Phase 1 SO2 controls must also meet NOx requirements. EPA is to set emission limitations for other types of boilers by 1997 based on low-NOx burner costs, which EPA did. In addition, EPA is to propose and promulgate a revised new source performance standard for NOx from fossil fuel steam generating units, which EPA also did, in 1998. CRS-15 Permits7Permits8 The Clean Air Act Amendments of 1990 added a Title V to the Act which requires states to administer a comprehensive permit program for the operation of sources emitting air pollutants. These requirements are modeled after similar provisions in the Clean Water Act. Previously, the Clean Air Act contained limited provision for permits, requiring only new or modified major stationary sources to obtain construction permits (under Section 165 of the Act). Sources subject to the permit requirements generally include major sources that emit or have the potential to emit 100 tons per year of any regulated pollutant, plus stationary and area sources that emit or have potential to emit lesser specified amounts of hazardous air pollutants. However, in nonattainment areas, the permit requirements also include sources which emit as little as 50, 25, or 10 tons per year of VOCs, depending on the severity of the region’s nonattainment status (serious, severe, or extreme). States were required to develop permit programs and to submit those programs for EPA approval by November 15, 1993. EPA had one year to approve or disapprove a state’s submission in whole or in part. After the effective date of a state plan, sources had 12 months to submit an actual permit application. States are to collect annual fees from sources sufficient to cover the “reasonable costs” of administering the permit program, with revenues to be used to support the agency’s air pollution control program. The fee must be at least $25 per ton of regulated pollutants (excluding carbon monoxide). Permitting authorities have discretion not to collect fees on emissions in excess of 4,000 tons per year and may collect other fee amounts, if appropriate. The permit states how much of which air pollutants a source is allowed to emit. As a part of the permit process, a source must prepare a compliance plan and certify compliance. The term of permits is limited to no more than 5five years; sources are required to renew permits at that time. State permit authorities must notify contiguous states of permit applications that may affect them; the application and any comments of contiguous states must be forwarded to EPA for review. EPA can veto a permit; however, this authority is essentially limited to major permit changes. EPA review need not include permits which simply codify elements of a state’s overall clean air plan, and EPA has discretion to not review permits for small sources. Holding a permit to some extent shields a source from enforcement actions: the Act provides that a source cannot be held in violation if it is complying with explicit requirements addressed in a permit, or if the state finds that certain provisions do not apply to that source. 78 This section of the report was written by Claudia Copeland, Specialist in Environmental Policy. CRS-16 Enforcement Section 113 of the Act, which was also strengthened by the 1990 amendments, covers enforcement. The section establishes federal authority to issue agency and court orders requiring compliance and to impose penalties for violations of Act requirements. Section 114 authorizes EPA to require sources to submit reports, monitor emissions, and certify compliance with the Act’s requirements, and authorizes EPA personnel to conduct inspections. Like most federal environmental statutes, the Clean Air Act is enforced primarily by states or local governments; they issue most permits, monitor compliance, and conduct the majority of inspections. The federal government functions as a backstop, with authority to review state actions. The Agencyagency may act independently or may file its own enforcement action in cases where it concludes that a state’s response was inadequate. The Act also provides for citizen suits both against persons (including corporations or government agencies) alleged to have violated emissions standards or permit requirements, and against EPA in cases where the Administrator has failed to perform an action that is not discretionary under the Act. Citizen groups have often used the latter provision to compel the Administrator to promulgate regulations required by the statute. The 1990 Amendments elevated penalties for some knowing violations from misdemeanors to felonies; removed the ability of a source to avoid an enforcement order or civil penalty by ceasing a violation within 60 days of notice; gave authority to EPA to assess administrative penalties; and authorized $10,000 awards to persons supplying information leading to convictions under the Act. Stratospheric Ozone Protection8Protection9 Title VI of the 1990 Clean Air Act Amendments represents the United States’ primary response on the domestic front to the ozone depletion issue. It also implements the U.S. international responsibilities under the Montreal Protocol on Substances that Deplete the Ozone Layer (and its amendments). Indeed, Section 606(a)(3) provides that the Environmental Protection Agency shall adjust phase-out schedules for ozone-depleting substances in accordance with any future changes in Montreal Protocol schedules. As a result, the phase-out schedules contained in Title VI for various ozone-depleting compounds have now been superseded by subsequent amendments to the Montreal Protocol. Since passage of Title VI, depleting substances such as CFCs, methyl chloroform, carbon tetrachloride, and halons (referred to as Class 1 substances) have been phased out by industrial countries, including the United States. New uses of hydrochlorofluorocarbons (HCFCs) (called Class 2 substances under Title VI) are banned beginning January 1, 2015, unless the HCFCs are recycled, used as a 89 This section of the report was written by Larry B. Parker, Specialist in Energy and Environmental Policy. CRS-17 feedstock, or used as a refrigerant for appliances manufactured prior to January 1, 2020. Production of HCFCs is to be frozen January 1, 2015 and phased out by January 1, 2030. Exemptions consistent with the Montreal Protocol are allowed. The EPA is required to add any substance with an ozone depletion potential (ODP) of 0.2 or greater to the list of Class 1 substances and set a phase-out schedule of no more than seven years. For example, methyl bromide (ODP estimated by EPA at 0.7) was added to the list in December 1993, requiring its phaseout by January 1, 2001; this decision was altered by Congress in 1998 to harmonize the U.S. methyl bromide phase-out schedule with the 2005 deadline set by the parties to the Montreal Protocol in 1997. Also, EPA is required to add any substance that is known or may be reasonably anticipated to harm the stratosphere to the list of Class 2 substances and set a phase-out schedule of no more than ten years. Title VI contains several implementing strategies to avoid releases of ozonedepleting chemicals to the atmosphere, including: (1) for Class 1 substances used as refrigerant — lowest achievable level of use and emissions, maximum recycling, and safe disposal required by July 1, 1992; (2) for servicing or disposing refrigeration equipment containing Class 1 and 2 substances — venting banned as of July 1, 1992; (3) for motor vehicle air conditioners containing Class 1 or 2 substances — recycling required by January 1, 1992 (smaller shops by January 1, 1993); (4) sale of small containers of class 1 and 2 substances — banned within 2two years of enactment; and (5) nonessential products — banned within 2two years of enactment. Selected References U.S. Environmental Protection Agency. Office of Air Quality Planning and Standards. National Air Quality and Emissions Trends ReportAir Trends. Research Triangle Park, NC. Published Compiled annually, and available at [http://www.epa.gov/airtrends/]. Martineau, Robert J., Jr. and Novello, David P. (eds.). The Clean Air Act Handbook. 2nd edition. Chicago: American Bar Association, 1998. 587 p2004. 728 p. For current issues, see CRS Issue Brief IB10137, Clean Air Act Issues in the 109th Congress. CRS-18 Table 3. Major U.S. Code Sections of the Clean Air Act9Act10 (codified generally as 42 U.S.C. 7401-7671) 42 U.S.C. Section Title Subchapter I Part A 7401 7402 7403 7404 7405 7406 7407 7408 7409 7410 7411 7412 7413 7414 7415 7416 7417 7418 7419 7420 7421 7422 7423 7424 7425 7426 7427 7428 7429 7430 7431 10 Section Title Programs and Activities Air Quality Emissions and Limitations Findings, purpose Cooperative activities Research, investigation, training Research relating to fuels and vehicles Grants for air pollution planning and control programs Interstate air quality agencies; program cost limitations Air quality control regions Air quality criteria and control techniques National primary and secondary air quality standards SIPs for national primary and secondary air quality standards Standards of performance for new stationary sources Hazardous air pollutants Federal enforcement Recordkeeping, inspections, monitoring, and entry International air pollution Retention of state authority Advisory committees Control of pollution from federal facilities Primary nonferrous smelter orders Noncompliance penalty Consultation Listing of certain unregulated pollutants Stack heights Assurance of adequacy of state plans Measures to prevent economic disruption/unemployment Interstate pollution abatement Public notification State boards Solid waste combustion Emission factors Land use authority 7406 7407 7408 7409 7410 7411 7412 7413 7414 7415 7416 7417 7418 7419 7420 7421 7422 7423 7424 7425 7426 7427 7428 7429 7430 7431 Clean Air Act, as amended secSec. 101 secSec. 102 secSec. 103 secSec. 104 secSec. 105 secSec. 106 secSec. 107 secSec. 108 secSec. 109 secSec. 110 secSec. 111 secSec. 112 secSec. 113 secSec. 114 secSec. 115 secSec. 116 secSec. 117 secSec. 118 secSec. 119 secSec. 120 secSec. 121 secSec. 122 secSec. 123 secSec. 124 secSec. 125 secSec. 126 secSec. 127 secSec. 128 secSec. 129 secSec. 130 sec. 131 Part B - Ozone Protection (repealed — new provisions related to stratospheric ozone protection are found at 42 U.S.C. 7671 et seq., below) 9 Sec. 131 NOTE: This tables shows only the major U.S. Code sections. For more detail and to determine when a section was added, the reader should consult the official printed version of the U.S. Code. CRS-19 Clean Air Act, as amended 42 U.S.C. Section Title 42 U.S.C. Section Title as amended Part B - Ozone Protection (repealed — new provisions related to stratospheric ozone protection are found at 42 U.S.C. 7671 et seq., below) Part C Subpart I 7470 7471 7472 7473 7474 7475 7476 7477 7478 7479 Prevention of Significant Deterioration of Air Quality Clean Air Congressional declaration of purpose Plan requirements Initial classifications Increments and ceilings Area redesignation Preconstruction requirements Other pollutants Enforcement Period before plan approval Definitions Subpart II 7491 7492 Visibility Protection Visibility protection for federal class I areas Visibility Part D Subpart 1 7501 7502 7503 7504 7505 7505a 7506 7506a 7507 Plan Requirements for Nonattainment Areas Nonattainment Areas in General Definitions Nonattainment plan provisions in general Permit requirements Planning procedures Environmental Protection Agency grants Maintenance plans Limitations on certain federal assistance Interstate transport commissions New motor vehicle emission standards in nonattainment areas Guidance documents Sanctions and consequences of failure to attain International border areas 7508 7509 7509a Subpart 2 7511 7511a 7511b 7511c 7511d secSec. 160 secSec. 161 secSec. 162 secSec. 163 secSec. 164 secSec. 165 secSec. 166 secSec. 167 secSec. 168 secSec. 169 secSec. 169A secSec. 169B secSec. 171 secSec. 172 secSec. 173 secSec. 174 secSec. 175 secSec. 175A secSec. 176 secSec. 176A secSec. 177 secSec. 178 secSec. 179 secSec. 179B 7511e 7511f Additional Provisions for Ozone Nonattainment Areas Classifications and attainment dates Plan submissions and requirements Federal ozone measures Control of interstate ozone air pollution Enforcement for Severe and Extreme ozone nonattainment areas for failure to attain Transitional areas NOx and VOC study Subpart 3 7512 7512a Additional Provisions for Carbon Monoxide Nonattainment Areas Classification and attainment dates secSec. 186 Plan submissions and requirements sec. 187 Subpart 4 7513 Additional Provisions for Particulate Matter Nonattainment Areas Classifications and attainment dates sec. 188 sec. 181 sec. 182 sec. 183 sec. 184 sec. 185 sec. 185A sec. 185B CRS-20Sec. 187 Sec. 181 Sec. 182 Sec. 183 Sec. 184 Sec. 185 Sec. 185A Sec. 185B CRS-20 Clean Air Act, as amended 42 U.S.C. Section Title 7513a Subpart 4 7513 7513a Additional Provisions for Particulate Matter Nonattainment Areas Classifications and attainment dates Sec. 188 Plan provisions and schedules for plan Sec. 189 submissions Issuance of RACM and BACM guidance Sec. 190 7513b Subpart 5 - Clean Air Act, as amended sec. 189 sec. 190 7514 7514a Additional Provisions for Areas Designated Nonattainment for Sulfur Oxides, Nitrogen Dioxide, or Lead Plan submission deadlines secSec. 191 Attainment dates secSec. 192 Subpart 6 7515 Savings Provisions General savings clause Subchapter II Part A 7521 7554 Emission Standards for Moving Sources Motor Vehicle Emission and Fuel Standards Emission standards for new motor vehicles or engines Prohibited acts Actions to restrain violations Civil penalties Motor vehicle and engines testing and certification Compliance by vehicles and engines in actual use Information collection State standards State grants Regulation of fuels Nonroad engines and vehicles Study of particulate emissions from motor vehicles High altitude performance adjustments Definitions Study and report on fuel consumption of CAAA of 1977 Motor vehicle compliance program fees Prohibition on production of engines requiring leaded gasoline Urban bus standards Part B 7571 7572 7573 7574 Aircraft Emissions Standards Establishment of standards Enforcement of standards State standards and controls Definitions Part C 7581 7582 7583 7584 Clean Fuel Vehicles Definitions Requirements applicable to clean-fuel vehicles Standards for light-duty clean-fuel vehicles Administration and enforcement as per California standardsSec. 231 Sec. 232 Sec. 233 Sec. 234 Part C 7581 Clean Fuel Vehicles Definitions Sec. 241 7522 7523 7524 7525 7541 7542 7543 7544 7545 7547 7548 7549 7550 7551 7552 7553 secSec. 193 secSec. 202 secSec. 203 secSec. 204 secSec. 205 secSec. 206 secSec. 207 secSec. 208 secSec. 209 secSec. 210 secSec. 211 secSec. 213 secSec. 214 secSec. 215 secSec. 216 secSec. 203 secSec. 217 secSec. 218 sec. 219 sec. 231 sec. 232 sec. 233 sec. 234 sec. 241 sec. 242 sec. 243 sec. 244Sec. 219 CRS-21 42 U.S.C. Section Title 7585 7586 7587 7588 7589 7590 Standards for heavy-duty clean-fuel vehicles Centrally fueled fleets Vehicle conversions Federal agency fleets California pilot test program General provisions 7582 7583 7584 7585 7586 7587 7588 7589 7590 Subchapter III 7601 7602 7603 7604 7605 7606 7607 7608 7609 7610 7611 7612 7614 7615 7616 7617 7619 7620 7621 7622 7624 7625 7625-1 7625a 7626 7627 Subchapter IV-A 7651 7651a 7651b 7651c 7651d 7651e Section Title Requirements applicable to clean-fuel vehicles Standards for light-duty clean-fuel vehicles Administration and enforcement as per California standards Standards for heavy-duty clean-fuel vehicles Centrally fueled fleets Vehicle conversions Federal agency fleets California pilot test program General provisions General Provisions Administration Definitions Emergency powers Citizen suits Representation in litigation Federal procurement Administrative proceedings and judicial review Mandatory licensing Policy review Other authority Records and audits Economic impact analyses Labor standards Separability Sewage treatment plants Economic impact assessment Air quality monitoring Standardized air quality modeling Employment effects Employee protection Cost of vapor recovery equipment Vapor recovery for small business marketers of petroleum products Exemptions for certain territories Statutory construction Authorization of appropriations Air pollution from Outer Continental Shelf activities 7625-1 7625a 7626 7627 Subchapter IV-A 7651 7651a 7651b 7651c 7651d 7651e 7651f 7651g 7651h 7651i Acid Deposition Control Findings and purposes Definitions Sulfur dioxide allowance program for existing and new units Phase I sulfur dioxide requirements Phase II sulfur dioxide requirements Allowances for states with emissions rates at or below 0.80 lbs./mmBtu Nitrogen oxides emission reduction program Permits and compliance plans Repowered sources Election for additional sources Clean Air Act, as amended sec. 245 sec. 246 sec. 247 sec. 248 sec. 249 sec. 250 sec. 301 sec. 302 sec. 303 sec. 304 sec. 305 sec. 306 sec. 307 sec. 308 sec. 309 sec. 310 sec. 311 sec. 312 sec. 314 sec. 315 sec. 316 sec. 317 sec. 319 sec. 320 sec. 321 sec. 322 sec. 323 sec. 324 sec. 325 sec. 326 sec. 327 sec. 328 sec. 401 sec. 402 sec. 403 sec. 404 sec. 405 sec. 406 sec. 407 sec. 408 sec. 409 sec. 410 CRS-22 42 U.S.C. Section Title 7651j 7651k Clean Air Act, as amended Sec. 242 Sec. 243 Sec. 244 Sec. 245 Sec. 246 Sec. 247 Sec. 248 Sec. 249 Sec. 250 Sec. 301 Sec. 302 Sec. 303 Sec. 304 Sec. 305 Sec. 306 Sec. 307 Sec. 308 Sec. 309 Sec. 310 Sec. 311 Sec. 312 Sec. 314 Sec. 315 Sec. 316 Sec. 317 Sec. 319 Sec. 320 Sec. 321 Sec. 322 Sec. 323 Sec. 324 Sec. 325 Sec. 326 Sec. 327 Sec. 328 Sec. 401 Sec. 402 Sec. 403 Sec. 404 Sec. 405 Sec. 406 CRS-22 42 U.S.C. 7651f 7651g 7651h 7651i 7651j 7651k 7651l 7651m 7651n 7651o Subchapter V 7661 7661a 7661b 7661c 7661d 7661e 7661f Subchapter VI 7671 7671a 7671b 7671c Section Title Nitrogen oxides emission reduction program Permits and compliance plans Repowered sources Election for additional sources Excess emissions penalty Monitoring, reporting, and recordkeeping requirements General compliance with other provisions Enforcement Clean coal technology regulatory incentives Contingency guarantee, auctions, reserve 7651l 7651m 7651n 7651o Subchapter V 7661 7661a 7661b 7661c 7661d 7661e 7661f Permits Definitions Permit programs Permit applications Permit requirements and conditions Notification to administrator and contiguous states Other authorities Small business stationary source technical and environmental compliance assistance program Subchapter VI - Stratospheric Ozone Protection 7671 7671a 7671b 7671c 7671j 7671k 7671l 7671m 7671n 7671o 7671p 7671q Stratospheric Ozone Protection Definitions Listing of class I and class II substances Monitoring and reporting requirements Phase-out of production and consumption of of class I substances Phase-out of production and consumption of of class II substances Accelerated schedule Exchange authority National recycling and emission reduction program Servicing of motor vehicle air conditioners Nonessential products containing chlorofluorocarbons Labeling Safe alternatives policy Federal procurement Relationship to other laws Authority of Administrator Transfers among parties to Montreal Protocol International cooperation Miscellaneous provisions 7671d 7671e 7671f 7671g 7671h 7671i 7671j 7671k 7671l 7671m 7671n 7671o 7671p 7671q [29 U.S.C. 655] [29 U.S.C. 655] Chemical Process Safety Management [29 U.S.C. 1662e] 7671d 7671e 7671f 7671g 7671h 7671i [29 U.S.C. 1662e] Clean Air Employment Transition Assistance Clean Air Act, as amended sec. 411 sec. 412 sec. 413 sec. 414 sec. 415 sec. 416 sec. 501 sec. 502 sec. 503 sec. 504 sec. 505 sec. 506 sec. 507 sec. 601 sec. 602 sec. 603 sec. 604 sec. 605 sec. 606 sec. 607 sec. 608 sec. 609 sec. 610 sec. 611 sec. 612 sec. 613 sec. 614 sec. 615 sec. 616 sec. 617 sec. 618 sec. 304 of CAA of 1990 secSec. 407 Sec. 408 Sec. 409 Sec. 410 Sec. 411 Sec. 412 Sec. 413 Sec. 414 Sec. 415 Sec. 416 Sec. 501 Sec. 502 Sec. 503 Sec. 504 Sec. 505 Sec. 506 Sec. 507 Sec. 601 Sec. 602 Sec. 603 Sec. 604 Sec. 605 Sec. 606 Sec. 607 Sec. 608 Sec. 609 Sec. 610 Sec. 611 Sec. 612 Sec. 613 Sec. 614 Sec. 615 Sec. 616 Sec. 617 Sec. 618 Sec. 304 of CAA of 1990 Sec.1101 of CAA of 1990