legislation: 97-s-1718
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| 97-s-1718 | 97 | s | 1718 | A bill to amend the Clean Air Act with respect to interstate pollution abatement. | Environmental Protection | 1981-10-07 | 1981-10-29 | Committee on Environment and Public Works. Hearings held. | Senate | Sen. Dodd, Christopher J. [D-CT] | CT | D | D000388 | 1 | Amends the Clean Air Act to revise provisions relating to interstate pollution abatement. Extends required State implementation plan prohibitions against interstate pollution to cover emissions: (1) from any source (currently, stationary sources) within a State; (2) interfering with (currently, preventing) another State's attaining or maintaining) national air quality standards; and (3) contributing to air pollution that may reasonably be anticipated to endanger public health or welfare in another State. Mandates that State implementation plans require each major proposed new (or modified) source that may significantly contribute to violations of such prohibitions to provide written notice to all possibly affected nearby States at least 60 days prior to the date on which opportunity for public comment on the construction or modification permit commences (currently, prior to commencement of construction). Requires implementation plans, not later than July 1, 1982, to: (1) identify areas of emissions from all sources (in addition to all major existing stationary sources) that may have such an interstate pollution impact; and (2) notify all nearby States of the location and level of pollutants from (in addition to the identity of) such sources and areas. Directs the Administrator of the Environmental Protection Agency to make a finding or deny a State or local government petition for a finding that any source violates such interstate pollution prohibitions within 120 days after receipt of such petition (currently, 60 days after receipt and after public hearing). Requires a public hearing to be held during such 120-day period. Prohibits the Administrator, in considering such petitions, from requiring the petitioner to rely solely on modeling or other previously approved methodologies for estimating interstate air pollution. Directs the Administrator to also consider: (1) total emissions of a pollutant in each State; (2) reasonable estimates of outside contributions to air quality problems in the petitioning State; (3) meteorological factors; (4) comparative economic impact; and (5) other factors established by regulation. Permits the petitioning State to apply for a court order directing the Administrator to act, if the Administrator has not made a ruling on such petition within 120 days of receipt. Permits the petitioning State to apply for such order without regard to a normal 60-day notice requirement. Directs the court, on finding that the Administrator has failed to act within the 120 days, to issue such order, award costs to the petitioning State, and assess a $100,000 civil penalty against the United States, to be paid to the petitioning State. Requires that State implementation plan procedures for review of new source locations provide an opportunity for public comment, to extend for at least 60 days, prior to issuance of a permit to commence construction or modification. | 2025-01-14T17:12:38Z |