legislation: 94-s-3219
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| 94-s-3219 | 94 | s | 3219 | A bill to amend the Clean Air Act, as amended. | Environmental Protection | 1976-03-29 | 1976-10-01 | Conference report considered in Senate. | Senate | Sen. Muskie, Edmund S. [D-ME] | ME | D | M001121 | 0 | (Conference report filed in House, H. Rept. 94-1742) Clean Air Act Amendments - Authorizes the appropriation of specified sums for fiscal years 1977 through 1979 to carry out the Clean Air Act. Authorizes the appropriation of specified sums for fiscal year 1977 for research and development. =Title I: Amendments Primarily Relating to Title I of the Clean Air Act= - Prohibits the Environmental Protection Agency from charging fees for training courses provided to personnel of State and local air pollution control agencies. Provides that State air pollution agencies whose budgets are reduced as part of an overall State budget reduction shall not lose Federal grants as a result of the existing maintenance of effort requirement. Requires each State to submit to the Administrator, within 120 days after enactment, a list identifying air quality levels of its air quality control regions. Requires the Administrator to publish within 180 days after enactment informational guidelines on the basic elements of a transportation control planning process. Requires review of the air quality criteria for existing ambient air quality standards and a review of the standards themselves by the Administrator by December 31, 1980. Requires each State to adopt and submit to the Administrator within nine months after the enactment of this Act a revision of its implementation plan which provides for the prevention of significant deterioration of air quality in each appropriate air quality control region. Requires that major new sources use the best technological continuous emission controls to meet standards and percentage reduction requirements. Provides that intermittent or alternative control measures are not permissible means of compliance. Mandates the use of design standards as an element of new source performance standards. Permits any person proposing to own or operate a new source to request from the Administrator a waiver from a standard of performance under such Act with respect to any air pollutant to encourage the use of an innovative technological system of continuous emission reduction. Specifies design equipment or operational standards for the control of a source of hazardous emissions where an emission limitation is not possible or feasible to measure hazardous emissions or to capture them through appropriate devices for control. Authorizes a State, and after 30 days notice, EPA, to issue enforcement orders to sources not in compliance with applicable emission limitations. Imposes a delayed compliance penalty on any major facility which for any reason not entirely beyond the control of the owner is not in compliance with an applicable emission limitation by January 1, 1979. Stipulates that such penalty shall be incorporated into the source's compliance schedule and that it shall amount to a monthly payment in an amount no less than the monthly equivalent of the capital costs of compliance over a normal amortization period. Authorizes judically imposed civil penalties of up to $10,000 per day for violations of stationary source requirements. Establishes procedures for revision of State implementation plans where it is alleged that pollutants emitted in the United States endanger the health or welfare of persons in a foreign country. Abolishes the Air Quality Advisory Board originally established under the Clean Air Act. Stipulates that neither the United States nor any officer, employee, or agent thereof shall be exempt or immune from any process or sanction of any State or Federal court with respect to the enforcement of any air pollution abatement requirement. Establishes procedures to allow major emitting facilities to convert to coal in order to conserve fuel and to allow additional time to comply with clean air requirements. Authorizes the Federal Energy Administrator to establish priorities among such facilities in order to insure that facilities in regions which do not meet primary standards are provided available emission control systems. Stipulates that compliance schedules established for such facilities shall be enforceable to the same extent as other compliance schedules established under the Act. Prohibits the construction or modification of major emitting facilities where such facilities will prevent the attainment or maintenance of a national ambient air quality standard. Establishes an exception for construction or modification at existing sites, provided the proposed facility will utilize the best available control technology and will not, in combination with existing facilities at the site, prevent reasonable progress towards the achievement of ambient air quality standards. Authorizes the States and the Administrator of the Environmental Protection Agency to issue an order to any primary nonferrous smelter to postpone the date required under an applicable implementation plan for compliance by such source with emission limitations under such plan. Sets forth procedures to be followed by such a source during the time a postponement is in effect. Requires the Administrator to promulgate an ambient air quality standard for one-hour concentrations of nitrogen dioxide unless it is found that there is no significant evidence that such a standard is required to protect public health. Directs the Administrator to conduct a study of the health and welfare effects of sulfates, cadmium, vinyl chloride, arsenic, and polycyclic organic, and methods for their abatement. Directs the Administrator to make arrangements with the National Academy of Sciences for an independent study of indirect source review programs. Limits the Administrator's authority to require indirect source review programs as part of a State Implemenation Plan. Authorizes the States to suspend or revoke existing programs included in such plans. Requires that State Implementation Plans contain provisions prohibiting the emission of pollutants from any stationary source within a State which will prevent attainment or maintenance of standards in another State. Directs the Administrator to contract for a National Academy of Sciences study of the nature and likelihood of potential effects on the public health and welfare from the release of halocarbons into the atmosphere. Requires further studies of the effects of halocarbons on the ozone in the stratosphere. Directs the Secretary of Labor, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National Science Foundation, the Secretary of Agriculture, and the Secretary of Health, Education, and Welfare to submit reports on studies of related matters. Directs the Administrator to consider such information and promulgate final regulations for the control of halocarbon discharges no later than April 1, 1978, subject to Congressional review. Imposes civil penalties of up to $10,000 per day for violation of such regulations. Directs the Administrator to establish a Coordinating Committee for the coordination of the efforts of other Federal agencies carrying out research and studies on stratospheric protection. Requires a report to the Congress on the work of such Committee. Sets restrictions on the maximum allowable concentration of any air pollutants. Requires designation of specified national wilderness and park lands as class I areas for purposes of setting allowable ambient air concentrations. Grants States authority with respect to the designation of areas for the purpose of preventing significant deterioration in air quality. Prevents the Administrator from making redesignations without the approval of the Governor of the State affected. Requires the Administrator to adjust any model used for determining the effect of emissions for the unique terrain or meteorological characteristic of an affected area. Directs the Administrator to conduct triennial conferences on air quality modeling. Authorizes the Administrator to grant extensions of up to five years for the attainment of national primary ambient standards where transportation measures are required. Details requirements for the submission of any such extension application by the Governor of the affected State. Directs the Administrator to make grants to local officials in order to assist in the development of transportation control plans for the area. Authorizes decreases in levels of such assistance if localities fail to implement conditions imposed as a result of an extension granted the region by the Administrator. Directs the State to provide a satisfactory process of consultation with general purpose local governments and designated organizations of elected officials of local governments to assure adequate consultation. =Title II: Amendments Primarily Relating to Title II of the Clean Air Act= - Revises emission standards for light duty vehicles to extend for two years from model year 1977 to 1979 the compliance date for light-duty vehicles to achieve a 90 percent reduction of carbon monoxide and hydrocarbon emissions from 1970 levels. Revises the applicable nitrogen oxides standard to require model year 1981 light duty vehicles to achieve a standard of 1.0 gram per vehicle mile. Extends the 2.0 gram per mile interim standard through model year 1980. Requires as a condition of certification of new motor vehicles or engines that the manufacturer establish to the satisfaction of the Administrator that the emission control system used will not cause or contribute to an unreasonable risk to public health, welfare, or safety. Requires the Administrator to revise for model year 1978 the existing evaporative emissions test procedure to measure hydrocarbon emissions from the vehicle as a whole. Directs the Administrator to prescribe regulations applicable to emissions of carbon monoxide, hydrocarbons, and oxides of nitrogen from heavy-duty vehicles beginning with model year 1979. Specifies standards to be reflected in such regulations, and procedures for revisions of such regulations. Directs the Administrator to conduct a continuous pollutant-specific study of the effects on health and welfare of particulate emissions from motor vehicles. Requires the issuance of conformity certificates for heavy-duty vehicles and motorcycles. Stipulates that the cost of any part, device, or component of any light-duty vehicle that is designed for emmission control, and which is scheduled for placement during the useful life of the vehicle, shall be borne at the time of replacement by the vehicle manufacturer if specified additional conditions are met. Requires the manufacturer to furnish written instructions as to the proper maintenance and use of the vehicle in accordance with regulations promulgated by the Administrator. Requires the owner of any motor vehicle warranted under this Act to keep such vehicle properly maintained and to replace at his own expense such items as spark plugs, points, condensers, and any other part related to emission control having a limited useful life. Specifies conditions under which high altitude performance adjustments shall be allowed in anti-pollution equipment. Directs the Administrator to study and report on the effects of emissions of sulfur-bearing compounds from motor vehicles and aircraft engines. Directs the Administrator to establish emission standards for air pollutants from railroad locomotives. Directs the Secretary of Transportation to make inspections to insure compliance with such standards. Prohibits States and localities from adopting different standards. =Title III: Amendments Primarily Relating to Title III of the Clean Air Act= - Stipulates that regulations under the Clean Air Act governing vapor recovery for mobile source fuels at the retail outlets of such fuels shall require that the cost of vapor recovery equipment procurement and installation be borne by the outlet owner and that no part of such cost shall be transferred to any retail outlet lessee. Delays for two years the implementation of specified vapor recovery regulations, pending an economic analysis of their impact by the Federal Trade Commission. Allows a citizen to bring suit to prevent construction of a major emitting facility which does not have a permit in compliance with the Clean Air Act or to enforce against any violation of a condition of such permit. Authorizes any employee to request an investigation by the Administrator of a threatened plant closure or reduction in employment allegedly resulting from any Clean Air Act requirement. Directs the Administrator, in cooperation with the National Academy of Sciences, to study and report to Congress on the adequacy of present particulate standards to protect the public health from fine particulates. Directs the Administrator to prepare an economic impact assessment on proposed regulations concerning new source performance standards, excess emissions fees, ozone, significant deterioration, auto emission standards, fuel or fuel additives, aircraft emission standards, or railroad emission standards. Establishes a National Commission on Air Quality composed of Congressional and public members to study and report to Congress on the adequacy of the clean air programs to protect the public health and welfare, and the implications of implementing such programs. Directs the Administrator, in conjunction with the Secretary of Transportation, to study the problem of carbon monoxide intrusion in buses and sustained-use motor vehicles. =Title IV: Miscellaneous Amendments= - Establishes a new standard for Environmental Protection Agency regulation of air pollutants which applies to the promulgation of: (1) criteria for national ambient air quality standards; (2) new stationary source performance standards; (3) hazardous stationary source emission standards; (4) new auto emission standards; (5) fuel and fuel additives regulations; (6) aircraft emission standards; (7) new ozone regulations; and (8) new railroad emission standards. Stipulates that any rule or regulation prescribed by the Administrator pursuant to the Clean Air Act may be disapproved by the Congress by concurrent resolution within 60 days of the promulgation of such rule or regulation. Prohibits the appropriation of any sums to the Environmental Protection Agency for environmental research, development, or demonstration, for any period beginning after September 30, 1977, unless previously authorized by Congress after the enactment of this Act. Directs the Administrator to transmit to the Congess a comprehensive five-year plan for environmental research, development, and demonstration. | 2025-01-14T17:12:38Z |