legislation: 97-s-2795
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| bill_id | congress | bill_type | bill_number | title | policy_area | introduced_date | latest_action_date | latest_action_text | origin_chamber | sponsor_name | sponsor_state | sponsor_party | sponsor_bioguide_id | cosponsor_count | summary_text | update_date | url |
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| 97-s-2795 | 97 | s | 2795 | A bill to amend the Clean Air Act in order to expedite the evaluation of potentially hazardous air pollutants, and for other purposes. | Environmental Protection | 1982-07-30 | 1982-07-30 | Read twice and referred to the Committee on Environment and Public Works. | Senate | Sen. Johnston, J. Bennett [D-LA] | LA | D | J000189 | 0 | Amends the Clean Air Act to revise provisions relating to national emission standards for hazardous air pollutants (NESHAPs). Directs the Administrator of the Environmental Protection Agency, within 90 days of the enactment of the Clean Air Act Amendments of 1982, to publish: (1) a list of not less than 40 substances for priority review concerning whether such substances should be included on the list for which NESHAPs will be established (the NESHAPs list); and (2) a schedule for making such determinations on at least ten of such substances during each of the following four years. Directs the Administrator to include those substances for which previous evaluations are most advanced, taking into account specified data. Makes the selection of the substances, schedule dates for determination on each substance, and any revision of such list or schedule within the first two years discretionary and not subject to judicial review. Directs the Administrator to: (1) consider any information relevant to whether the substance has hazardous effects on human health; (2) consult with the Science Advisory Board and other experts; (3) provide an opportunity for public submission of data and views; and (4) obtain other information appropriate in making a final determination. Authorizes the Administrator to request data from any person and use specified authority to obtain such data. Directs the Administrator to determine for each substance included in the schedule whether such substance is or is not a hazardous air pollutant to be included on the NESHAPs list or whether the information available is insufficient for such a determination. Requires publication of statements of the basis for such determinations and identification of data relied upon. Requires that a substance be considered, as a matter of law, a hazardous air pollutant and be included on the NESHAPs list, if the Administrator fails to make such determinations. Authorizes the Administrator, upon the Administrator's own motion or the petition of any interested person, to: (1) make such determinations for any other substance; or (2) determine that a substance should be removed from the NESHAPs list. Directs the Administrator to make such determinations within one year of receipt of petitions filed: (1) after the scheduled review is completed; or (2) on a pollutant listed as a matter of law. Permits a six-month extension of such one-year deadline upon a published finding that relevant data is not available or has not been available for a sufficient time for adequate consideration. Subjects final determinations to judicial review according to specified procedures. Directs the Administrator, following the addition of any hazardous air pollutant to the NESHAPs list, to: (1) within 60 days, to publish a list of source categories which emit the pollutant in significant amounts; and (2) within six months, to propose emission standards (NESHAPs) for such source categories. Directs the Administrator to promulgate such emmission standards within one year following the date of proposal. Permits a six-month extension of the deadline for proposal or promulgation, upon a published finding that necessary data is not available or has not been available for a sufficient time. Authorizes the Administrator to distinguish among sizes, types, and classes of sources within each category. Directs the Administrator to review each emission standard at least once in every ten-year period following promulgation. Provides that such emission standards shall require achievement of the greatest degree of emission reduction achievable through application of the best system of continuous emission reduction which the Administrator determines is available (taking into account the cost of achieving such reduction and any nonair quality health and environmental impacts, energy requirements, and in the case of existing sources, the remaining useful life of the facilities). Requires, for new or modified major stationary sources, that such standard, at a minimum, be set at a level equal to the most stringent emission limitation imposed upon any source in that category by any Federal, State, or local requirement or permit and which is being achieved under actual operating conditions. Authorizes the Administrator to establish an alternative standard upon a showing by an individual source that such standard is not achievable by that source. Requires new, modified, and existing sources to comply with emissions limitations based upon a promulgated standard for the applicable category or a case-by-case determination based on criteria for such standards. Directs the Administrator, upon a discretionary finding that with respect to one or more sources in a category the established standards are inadequate to protect the public health, to set stricter emission limitations for such sources. Makes emission standards for new or modified sources effective upon promulgation. Directs the Administrator to establish the effective date of emission standards for existing sources as expeditiously as practicable, but not later than 30 months after promulgation. | 2025-01-14T17:12:38Z |