101st CONGRESS
2d Session
S. 1630
AMENDMENTS
S 1630 EAH
In the House of Representatives, U. S.,
May 23, 1990.
Resolved, That the bill from the Senate (S. 1630) entitled `An Act to
amend the Clean Air Act to provide for attainment and maintenance of
health protective national ambient air quality standards, and for other
purposes', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:

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(a) SHORT TITLE- This Act may be cited as the `Clean Air Act Amendments
of 1990'.
(b) REFERENCE- Whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other provision
of the Clean Air Act.
TABLE OF CONTENTS
QUALITY STANDARDS
Subtitle A--In General

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TITLE I

-PROVISIONS FOR ATTAINMENT AND MAINTENANCE OF NATIONAL AMBIENT AIR

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Subtitle B--Clean Air Employment Transition Assistance

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TITLE VI

-PROVISIONS RELATING TO ENFORCEMENT

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TITLE VII

-MISCELLANEOUS PROVISIONS

regions along the border between the United States and the United States
of Mexico.

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TITLE VIII

-OTHER PROVISIONS

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TITLE X

-DISADVANTAGED BUSINESS CONCERNS

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Part D of title I is amended by adding the following new subpart at the end:
`Subpart 3--Additional Provisions for Carbon Monoxide Nonattainment Areas
`Sec. 186. Classifications and attainment dates.
`Sec. 187. Plan submissions and requirements.
`SEC. 186. CLASSIFICATION AND ATTAINMENT DATES.
`(a) CLASSIFICATION BY OPERATION OF LAW AND ATTAINMENT DATES FOR
NONATTAINMENT AREAS- (1) Each area designated nonattainment for carbon
monoxide pursuant to section 107(d) shall be classified at the time of such
designation under table 1, by operation of law, as a Moderate Area or a
Serious Area based on the design value for the area. The design value shall
be calculated according to the interpretation methodology issued by the
Administrator most recently before the date of the enactment of the Clean
Air Act Amendments of 1990. For each area classified under this subsection,
the primary standard attainment date for carbon monoxide shall be as
expeditiously as practicable but not later than the date provided in table 1:
`Table 1
-------------------------------------------------------------------------------
Area classification Design value   Primary standard attainment date
-------------------------------------------------------------------------------
Moderate            9.1-16.4 ppm   December 31, 1995.
Serious             16.5 and above December 31, 2000.
-------------------------------------------------------------------------------
`(2) At the time of publication of the notice required under section 107
(designating carbon monoxide nonattainment areas), the Administrator shall
publish a notice announcing the classification of each such carbon monoxide
nonattainment area. The provisions of section 172(a)(1)(B) (relating to
lack of notice-and-comment and judicial review) shall apply with respect
to such classification.
`(3) If an area classified under paragraph (1), table 1, would have
been classified in another category if the design value in the area
were 5 percent greater or 5 percent less than the level on which such
classification was based, the Administrator may, in the Administrator's
discretion, within 90 days after the date of the enactment of the Clean
Air Act Amendments of 1990 by the procedure required under paragraph
(2), adjust the classification of the area. In making such adjustment,
the Administrator may consider the number of exceedances of the national
primary ambient air quality standard for carbon monoxide in the area, the
level of pollution transport between the area and the other affected areas,
and the mix of sources and air pollutants in the area. The Administrator
may make the same adjustment for purposes of paragraphs (2), (3), (6),
and (7) of section 187(a).
`(4) Upon application by any State, the Administrator may extend for 1
additional year (hereinafter in this subpart referred to as the `Extension
Year') the date specified in table 1 of subsection (a) if--
`(A) the State has complied with all requirements and commitments pertaining
to the area in the applicable implementation plan, and
`(B) no more than one exceedance of the national ambient air quality
standard level for carbon monoxide has occurred in the area in the year
preceding the Extension Year.
No more than 2 one-year extensions may be issued under this paragraph for
a single nonattainment area.
`(b) NEW DESIGNATIONS AND RECLASSIFICATIONS-
`(1) NEW DESIGNATIONS TO NONATTAINMENT- Any area that is designated
attainment or unclassifiable for carbon monoxide under section 107(d)(4), and
that is subsequently redesignated to nonattainment for carbon monoxide under
section 107(d)(3), shall, at the time of the redesignation, be classified
by operation of law in accordance with table 1 under subsections (a)(1)
and (a)(4). Upon its classification, the area shall be subject to the same
requirements under section 110, subpart 1 of this part, and this subpart that
would have applied had the area been so classified at the time of the notice
under subsection (a)(2), except that any absolute, fixed date applicable
in connection with any such requirement is extended by operation of law
by a period equal to the length of time between the date of the enactment
of the Clean Air Act Amendments of 1990 and the date the area is classified.
`(2) RECLASSIFICATION OF MODERATE AREAS UPON FAILURE TO ATTAIN-
`(A) GENERAL RULE- Within 6 months following the applicable attainment date
for a carbon monoxide nonattainment area, the Administrator shall determine,
based on the area's design value as of the attainment date, whether the
area has attained the standard by that date. Any Moderate Area that the
Administrator finds has not attained the standard by that date shall be
reclassified by operation of law in accordance with table 1 of subsection
(a)(1) as a Serious Area.
`(B) PUBLICATION OF NOTICE- The Administrator shall publish a notice in
the Federal Register, no later than 6 months following the attainment
date, identifying each area that the Administrator has determined,
under subparagraph (A), as having failed to attain and identifying the
reclassification, if any, described under subparagraph (A).
`(c) REFERENCES TO TERMS- Any reference in this subpart to a `Moderate
Area' or a `Serious Area' shall be considered a reference to a Moderate
Area or a Serious Area, respectively, as classified under this section.
`SEC. 187. PLAN SUBMISSIONS AND REQUIREMENTS.
`(a) MODERATE AREAS- Each State in which all or part of a Moderate Area
is located shall, with respect to the Moderate Area (or portion thereof,
to the extent specified in guidance of the Administrator issued before the
date of the enactment of the Clean Air Act Amendments of 1990), submit to
the Administrator the State implementation plan revisions (including the
plan items) described under this subsection, within such periods as are
prescribed under this subsection, except to the extent the State has made
such submissions as of such date of enactment:
`(1) INVENTORY- No later than 2 years from the date of the enactment of the
Clean Air Act Amendments of 1990, the State shall submit a comprehensive,
accurate, current inventory of actual emissions from all sources, as
described in section 172(c)(3), in accordance with guidance provided by
the Administrator.
`(2) VEHICLE MILES TRAVELED- No later than 2 years after the date of the
enactment of the Clean Air Act Amendments of 1990, for areas with a design
value above 12.7 ppm at the time of classification, the plan revision
shall contain a forecast of vehicle miles traveled in the nonattainment
area concerned for each year before the year in which the plan projects the
national ambient air quality standard for carbon monoxide to be attained in
the area. The forecast shall be based on guidance which shall be published
by the Administrator within 6 months after the date of the enactment of
the Clean Air Act Amendments of 1990. The plan revision shall provide
for annual updates of the forecasts to be submitted to the Administrator
together with annual reports regarding the extent to which such forecasts
proved to be accurate. Such annual reports shall contain estimates of
actual vehicle miles traveled in each year for which a forecast was required.
`(3) CONTINGENCY PROVISIONS- No later than 2 years after the date of the
enactment of the Clean Air Act Amendments of 1990, for areas with a design
value above 12.7 ppm at the time of classification, the plan revision shall
provide for the implementation of specific measures to be undertaken if
any estimate of vehicle miles traveled in the area which is submitted in an
annual report under paragraph (2) exceeds the number predicted in the most
recent prior forecast or if the area fails to attain the national primary
ambient air quality standard for carbon monoxide by the primary standard
attainment date. Such measures shall be included in the plan revision as
contingency measures to take effect without further action by the State
or the Administrator if the prior forecast has been exceeded by an updated
forecast or if the national standard is not attained by such deadline.
`(4) SAVINGS CLAUSE FOR VEHICLE INSPECTION AND MAINTENANCE PROVISIONS OF
THE STATE IMPLEMENTATION PLAN- Immediately after the date of the enactment
of the Clean Air Act Amendments of 1990, for any Moderate Area (or, within
the Administrator's discretion, portion thereof), the plan for which is
of the type described in section 182(a)(2)(B) any provisions necessary
to ensure that the applicable implementation plan includes the vehicle
inspection and maintenance program described in section 182(a)(2)(B).
`(5) PERIODIC INVENTORY- No later than September 30, 1995, and no later than
the end of each 3 year period thereafter, until the area is redesignated
to attainment, a revised inventory meeting the requirements of subsection
(a)(1).
`(6) ENHANCED VEHICLE INSPECTION AND MAINTENANCE- No later than 2 years
after the date of the enactment of the Clean Air Act Amendments of 1990
in the case of Moderate Areas with a design value greater than 12.7 ppm
at the time of classification, a revision that includes provisions for an
enhanced vehicle inspection and maintenance program as required in section
182(c)(3) (concerning serious ozone nonattainment areas), except that such
program shall be for the purpose of reducing carbon monoxide rather than
hydrocarbon emissions.
`(7) ATTAINMENT DEMONSTRATION AND SPECIFIC ANNUAL EMISSION REDUCTIONS-
In the case of Moderate Areas with a design value greater than 12.7 ppm
at the time of classification, no later than 2 years after the date of the
enactment of the Clean Air Act Amendments of 1990, a revision to provide,
and a demonstration that the plan as revised will provide, for attainment of
the carbon monoxide NAAQS by the applicable attainment date and provisions
for such specific annual emission reductions as are necessary to attain
the standard by that date.
The Administrator may, in the Administrator's discretion, require States
to submit a schedule for submitting any of the revisions or other items
required under this subsection. In the case of Moderate Areas with a design
value of 12.7 ppm or lower at the time of classification, the requirements
of this subsection shall apply in lieu of any requirement that the State
submit a demonstration that the applicable implementation plan provides for
attainment of the carbon monoxide standard by the applicable attainment date.
`(b) SERIOUS AREAS- Each State in which all or part of a Serious Area
is located shall, with respect to the Serious Area, make the submissions
applicable under subsection (a) to Moderate Areas with a design value of
12.7 ppm or greater at the time of classification, and shall also submit the
revision and other items described under this subsection. Within 2 years
after the date of the enactment of the Clean Air Act Amendments of 1990
the State shall submit a revision that includes the transportation control
measures as required in section 182(d)(1) except that such revision shall
be for the purpose of reducing CO emissions rather than volatile organic
compound emissions. Within 2 years after the date of the enactment of
the Clean Air Act Amendments of 1990, the State shall submit a revision
to require that gasoline sold, supplied, offered for sale or supply,
dispensed, transported or introduced into commerce in the larger of--
`(1) the Consolidated Metropolitan Statistical Area (as defined by the
United States Office of Management and Budget) (CMSA) in which the area
is located, or
`(2) if the area is not located in a CMSA, the Metropolitan Statistical
Area (as defined by the United States Office of Management and Budget)
in which the area is located,
be blended, during the portion of the year in which the area is prone
to high ambient concentrations of carbon monoxide (as determined by the
Administrator), with fuels containing such level of oxygen as is necessary,
in combination with other measures, to provide for attainment of the carbon
monoxide national ambient air quality standard by the applicable attainment
date and maintenance of the national ambient air quality standard thereafter in
the area. The revision shall provide that such requirement shall take effect
no later than October 1, 1993, and shall include a program for implementation
and enforcement of the requirement consistent with guidance to be issued by
the Administrator. Notwithstanding the preceding provisions of this paragraph,
the revision described in this paragraph shall not be required for an area
if the State demonstrates to the satisfaction of the Administrator that the
revision is not necessary to provide for attainment of the carbon monoxide
national ambient air quality standard by the applicable attainment date
and maintenance of the national ambient air quality standard thereafter in
the area.
`(c) AREAS WITH SIGNIFICANT STATIONARY SOURCE EMISSIONS OF CO-
`(1) SERIOUS AREAS- In the case of Serious Areas in which stationary
sources contribute significantly to carbon monoxide levels (as determined
under rules issued by the Administrator), the State shall submit a plan
revision within 2 years after the date of the enactment of the Clean Air
Act Amendments of 1990, which provides that the term `major stationary
source' includes (in addition to the sources described in section 302)
any stationary source which emits, or has the potential to emit, 50 tons
per year or more of carbon monoxide.
`(2) WAIVERS FOR CERTAIN AREAS- The Administrator may, on a case-by-case
basis, waive any requirements that pertain to transportation controls,
inspection and maintenance, or oxygenated fuels where the Administrator
determines by rule that mobile sources of carbon monoxide do not contribute
significantly to carbon monoxide levels in the area.
`(3) GUIDELINES- Within 6 months after the date of the enactment of the
Clean Air Act Amendments of 1990, the Administrator shall issue guidelines
for and rules determining whether stationary sources contribute significantly
to carbon monoxide levels in an area.
`(d) CO MILESTONE-
`(1) MILESTONE DEMONSTRATION- By March 31, 1996, each State in which all
or part of a Serious Area is located shall submit to the Administrator
a demonstration that the area has achieved a reduction in emissions of
CO equivalent to the total of the specific annual emission reductions
required by December 31, 1995. Such reductions shall be referred to in
this subsection as the milestone.
`(2) ADEQUACY OF DEMONSTRATION- A demonstration under this paragraph shall
be submitted in such form and manner, and shall contain such information
and analysis, as the Administrator shall require. The Administrator shall
determine whether or not a State's demonstration is adequate within 90
days after the Administrator's receipt of a demonstration which contains
the information and analysis required by the Administrator.
`(3) FAILURE TO MEET EMISSION REDUCTION MILESTONE- If a State fails to
submit a demonstration under paragraph (1) within the required period,
or if the Administrator notifies the State that the State has not met
the milestone, the State shall, within 9 months after such a failure or
notification, submit a plan revision to implement an economic incentive
and transportation control program as described in section 182(g)(4). Such
revision shall be sufficient to achieve the specific annual reductions in
carbon monoxide emissions set forth in the plan by the attainment date.
`(e) MULTI-STATE CO NONATTAINMENT AREAS-
`(1) COORDINATION AMONG STATES- Each State in which there is located a
portion of a single nonattainment area for carbon monoxide which covers more
than one State (`multi-State nonattainment area') shall take all reasonable
steps to coordinate, substantively and procedurally, the revisions and
implementation of State implementation plans applicable to the nonattainment
area concerned. The Administrator may not approve any revision of a State
implementation plan submitted under this part for a State in which part
of a multi-State nonattainment area is located if the plan revision for
that State fails to comply with the requirements of this subsection.
`(2) FAILURE TO DEMONSTRATE ATTAINMENT- If any State in which there is
located a portion of a multi-State nonattainment area fails to provide a
demonstration of attainment of the national ambient air quality standard
for carbon monoxide in that portion within the period required under this
part the State may petition the Administrator to make a finding that the
State would have been able to make such demonstration but for the failure
of one or more other States in which other portions of the area are located
to commit to the implementation of all measures required under section 187
(relating to plan submissions for carbon monoxide nonattainment areas). If
the Administrator makes such finding, in the portion of the nonattainment
area within the State submitting such petition, no sanction shall be
imposed under section 179 or under any other provision of this Act, by
reason of the failure to make such demonstration.
`(f) RECLASSIFIED AREAS- Each State containing a carbon monoxide
nonattainment area reclassified under section 186(b)(2) shall meet the
requirements of subsection (b) of this section, as may be applicable
to the area as reclassified, according to the schedules prescribed in
connection with such requirements, except that the Administrator may
adjust any applicable deadlines (other than the attainment date) where
such deadlines are shown to be infeasible.
`(g) FAILURE OF SERIOUS AREA TO ATTAIN STANDARD- If the Administrator
determines under section 186(b)(2) that the national primary ambient air
quality standard for carbon monoxide has not been attained in a Serious Area
by the applicable attainment date, the State shall submit a plan revision
for the area within 9 months after the date of such determination. The plan
revision shall provide that a program of incentives and requirements as
described in section 182(g)(4) shall be applicable in the area, and such
program, in combination with other elements of the revised plan, shall be
adequate to reduce the total tonnage of emissions of carbon monoxide in
the area by at least 5 percent per year in each year after approval of
the plan revision and before attainment of the national primary ambient
air quality standard for carbon monoxide.'.

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AREAS.
(a) PM-10 NONATTAINMENT AREAS- Part D of title I is amended by adding the
following new subpart after subpart 3:
`Subpart 4--Additional Provisions for Particulate Matter Nonattainment Areas
`Sec. 188. Classifications and attainment dates.
`Sec. 189. Plan provisions and schedules for plan submissions.
`Sec. 190. Issuance of guidance.
`SEC. 188. CLASSIFICATIONS AND ATTAINMENT DATES.
`(a) INITIAL CLASSIFICATIONS- Every area designated nonattainment for
PM-10 pursuant to section 107(d) shall be classified at the time of such
designation, by operation of law, as a moderate PM-10 nonattainment area
(also referred to in this subpart as a `Moderate area') at the time of
such designation. At the time of publication of the notice under section
107(d)(4) (relating to area designations) for each PM-10 nonattainment area,
the Administrator shall publish a notice announcing the classification
of such area. The provisions of section 172(a)(1)(B) (relating to lack
of notice-and-comment and judicial review) shall apply with respect to
such classification.
`(b) RECLASSIFICATION AS SERIOUS-
`(1) RECLASSIFICATION BEFORE ATTAINMENT DATE- The Administrator
may reclassify as a Serious PM-10 nonattainment area (identified in
this subpart also as a `Serious Area') any area that the Administrator
determines cannot practicably attain the national ambient air quality
standard for PM-10 by the attainment date (as prescribed in subsection
(c)) for Moderate Areas. The Administrator shall reclassify appropriate
areas as Serious by the following dates:
`(A) For areas designated nonattainment for PM-10 under section 107(d)(4),
the Administrator shall propose to reclassify appropriate areas by June 30,
1991, and take final action by December 31, 1991.
`(B) For areas subsequently designated nonattainment, the Administrator
shall reclassify appropriate areas within 18 months after the required
date for the State's submission of a SIP for the Moderate Area.
`(2) RECLASSIFICATION UPON FAILURE TO ATTAIN- Within 6 months following the
applicable attainment date for a PM-10 nonattainment area, the Administrator
shall determine whether the area attained the standard by that date. If
the Administrator finds that any Moderate Area is not in attainment after
the applicable attainment date--
`(A) the area shall be reclassified by operation of law as a Serious
Area; and
`(B) the Administrator shall publish a notice in the Federal Register no
later than 6 months following the attainment date, identifying the area
as having failed to attain and identifying the reclassification described
under subparagraph (A).
`(c) ATTAINMENT DATES- Except as provided under subsection (d), the
attainment dates for PM-10 nonattainment areas shall be as follows:
`(1) MODERATE AREAS- For a Moderate Area, the attainment date shall be
as expeditiously as practicable but no later than the end of the sixth
calendar year after the area's designation as nonattainment, except that,
for areas designated nonattainment for PM-10 under section 107(d)(4),
the attainment date shall not extend beyond December 31, 1994.
`(2) SERIOUS AREAS- For a Serious Area, the attainment date shall be
as expeditiously as practicable but no later than the end of the tenth
calendar year beginning after the area's designation as nonattainment,
except that, for areas designated nonattainment for PM-10 under section
107(d)(4), the date shall not extend beyond December 31, 2001.
`(d) EXTENSION OF ATTAINMENT DATE FOR MODERATE AREAS- Upon application by
any State, the Administrator may extend for 1additional year (hereinafter
referred to as the `Extension Year') the date specified in paragraph
(c)(1) if--
`(1) the State has complied with all requirements and commitments pertaining
to the area in the applicable implementation plan, and
`(2) no more than one exceedance of the 24-hour national ambient air
quality standard level for PM-10 has occurred in the area in the year
preceding the Extension Year, and the annual mean concentration of PM-10
in the area for such year is less than or equal to the standard level.
No more than 2 one-year extensions may be issued under the subsection for
a single nonattainment area.
`(e) EXTENSION OF ATTAINMENT DATE FOR SERIOUS AREAS- Upon application by
any State, the Administrator may extend the attainment date for a Serious
Area beyond the date specified under subsection (c), if attainment by the
date established under subsection (c) would be impracticable, the State has
complied with all requirements and commitments pertaining to that area in
the implementation plan, and the State demonstrates to the satisfaction of
the Administrator that the plan for that area includes the most stringent
measures that are included in the implementation plan of any State or are
achieved in practice in any State, and can feasibly be implemented in the
area. At the time of such application, the State must submit a revision
to the implementation plan that includes a demonstration of attainment
by the most expeditious alternative date practicable. In determining
whether to grant an extension, and the appropriate length of time for any
such extension, the Administrator may consider the nature and extent of
nonattainment, the types and numbers of sources or other emitting activities
in the area (including the influence of uncontrollable natural sources and
transboundary emissions from foreign countries), the population exposed to
concentrations in excess of the standard, the presence and concentration
of potentially toxic substances in the mix of particulate emissions in the
area, and the technological and economic feasibility of various control
measures. The Administrator may not approve an extension until the State
submits an attainment demonstration for the area. The Administrator may
grant at most one such extension for an area, of no more than 5 years.
`(f) WAIVERS FOR CERTAIN AREAS- The Administrator may, on a case-by-case
basis, waive any requirement applicable to any Serious Area under this
subpart where the Administrator determines that anthropogenic sources
of PM-10 do not contribute significantly to the violation of the PM-10
standard in the area. The Administrator may also waive a specific date
for attainment of the standard where the Administrator determines that
nonanthropogenic sources of PM-10 contribute significantly to the violation
of the PM-10 standard in the area.
`SEC. 189. PLAN PROVISIONS AND SCHEDULES FOR PLAN SUBMISSIONS.
`(a) MODERATE AREAS-
`(1) PLAN PROVISIONS- Each State in which all or part of a Moderate Area is
located shall submit, according to the applicable schedule under paragraph
(2), an implementation plan that includes each of the following:
`(A) For the purpose of meeting the requirements of section 172(c)(5), a
permit program providing that permits meeting the requirements of section
173 are required for the construction and operation of new and modified
major stationary sources of PM-10.
`(B) Either (i) a demonstration (including air quality modeling) that the
plan will provide for attainment by the applicable attainment date; or
(ii) a demonstration that attainment by such date is impracticable.
`(C) Provisions to assure that reasonably available control measures for
the control of PM-10 shall be implemented no later than December 10, 1993,
or 4 years after designation in the case of an area classified as moderate
after the date of the enactment of the Clean Air Act Amendments of 1990.
`(2) SCHEDULE FOR PLAN SUBMISSIONS- A State shall submit the plan required
under subparagraph (1) no later than the following:
`(A) Within 1 year of the date of the enactment of the Clean Air Act
Amendments of 1990, for areas designated nonattainment under section
107(d)(4), except that the provision required under subparagraph (1)(A)
shall be submitted no later than June 30, 1992.
`(B) 18 months after the designation as nonattainment, for those areas
designated nonattainment after the designations prescribed under section
110(b)(4).
`(b) SERIOUS AREAS-
`(1) PLAN PROVISIONS- In addition to the provisions submitted to meet
the requirements of paragraph (a)(1) (relating to Moderate Areas), each
State in which all or part of a Serious Area is located shall submit an
implementation plan for such area that includes each of the following:
`(A) A demonstration (including air quality modeling)--
`(i) that the plan provides for attainment of the PM-10 national ambient
air quality standard by the applicable attainment date, or
`(ii) for any area for which the State is seeking, pursuant to section
188(e), an extension of the attainment date beyond the date set forth in
section 188(c), that attainment by that date would be impracticable, and
that the plan provides for attainment by the most expeditious alternative
date practicable.
`(B) Provisions to assure that the best available control measures for the
control of PM-10 shall be implemented no later than 4 years after the date
the area is classified (or reclassified) as a Serious Area.
`(2) SCHEDULE FOR PLAN SUBMISSIONS- A State shall submit the demonstration
required for an area under paragraph (1)(A) no later than 4 years after
reclassification of the area to Serious, except that for areas reclassified
under section 188(b)(2), the State shall submit the attainment demonstration
within 18 months after reclassification to Serious. A State shall submit
the provisions described under paragraph (1)(B) no later than 18 months
after reclassification of the area as a Serious Area.
`(3) MAJOR SOURCES- For any Serious Area, the terms `major source' and `major
stationary source' include 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, at least 70 tons per year of PM-10.
`(c) MILESTONES- (1) Plan revisions demonstrating attainment submitted to the
Administrator for approval under this subpart shall contain quantitative
milestones which are to be achieved every 3 years until the area is
redesignated attainment and which demonstrate reasonable further progress,
as defined in section 171(1), toward attainment by the applicable date.
`(2) Not later than 90 days after the date on which a milestone applicable
to the area occurs, each State in which all or part of such area is located
shall submit to the Administrator a demonstration that all measures in
the plan approved under this section have been implemented and that the
milestone has been met. A demonstration under this subsection shall be
submitted in such form and manner, and shall contain such information
and analysis, as the Administrator shall require. The Administrator shall
determine whether or not a State's demonstration under this subsection is
adequate within 90 days after the Administrator's receipt of a demonstration
which contains the information and analysis required by the Administrator.
`(3) If a State fails to submit a demonstration under paragraph (2) with
respect to a milestone within the required period or if the Administrator
determines that the area has not met any applicable milestone, the
Administrator shall require the State, within 9 months after such failure or
determination to submit a plan revision that assures that the State will
achieve the next milestone (or attain the national ambient air quality
standard for PM-10, if there is no next milestone) by the applicable date.
`(d) FAILURE TO ATTAIN- In the case of a Serious PM-10 nonattainment area in
which the PM-10 standard is not attained by the applicable attainment date,
the State in which such area is located shall, after notice and opportunity
for public comment, submit within 12 months after the applicable attainment
date, plan revisions which provide for attainment of the PM-10 air quality
standard and, from the date of such submission until attainment, for an
annual reduction in PM-10 or PM-10 precursor emissions within the area
of not less than 5 percent of the amount of such emissions as reported in
the most recent inventory prepared for such area.
`(e) PM-10 PRECURSORS- The control requirements applicable under plans in
effect under this part for major stationary sources of PM-10 shall also
apply to major stationary sources of PM-10 precursors, except where the
Administrator determines that such sources do not contribute significantly
to PM-10 levels which exceed the standard in the area. The Administrator
shall issue guidelines regarding the application of the preceding sentence.
`SEC. 190. ISSUANCE OF RACM AND BACM GUIDANCE.
`The Administrator shall issue, in the same manner and according to the same
procedure as guidance is issued under section 108(c), technical guidance on
reasonably available control measures and best available control measures
for urban fugitive dust, and emissions from residential wood combustion
(including curtailments and exemptions from such curtailments) and prescribed
silvicultural and agricultural burning, no later than 18 months following
the date of the enactment of the Clean Air Act Amendments of 1990. The
Administrator shall also examine other categories of sources contributing
to nonattainment of the PM-10 standard, and determine whether additional
guidance on reasonably available control measures and best available
control measures is needed, and issue any such guidance no later than 3
years after the date of the enactment of the Clean Air Act Amendments of
1990. In issuing guidelines and making determinations under this section,
the Administrator (in consultation with the State) shall take into account
emission reductions achieved, or expected to be achieved, under title V
and other provisions of this Act.'.
(b) PM-10 INCREMENTS IN PSD AREAS- Section 166 (42 U.S.C. 7476) is amended
by adding the following new subsection at the end:
`(f) PM-10 INCREMENTS- The Administrator is authorized to substitute,
for the maximum allowable increases in particulate matter specified in
section 163(b) and section 165(d)(2)(C)(iv), maximum allowable increases in
particulate matter with an aerodynamic diameter smaller than or equal to
10 micrometers. Such substituted maximum allowable increases shall be of
equal stringency in effect as those specified in the provisions for which
they are substituted. Until the Administrator promulgates regulations under
the authority of this subsection, the current maximum allowable increases
in concentrations of particulate matter shall remain in effect.'.

ce3182c377d695e43c0df8d5c16928a8282f83f5c0d9167a835c50e3bd50b8ef

OXIDES, NITROGEN DIOXIDE, AND LEAD.
Part D of title I is amended by adding a new subpart after subpart 4
as follows:
`Subpart 5--Additional Provisions for Areas Designated Nonattainment for
Sulfur Oxides, Nitrogen Dioxide, or Lead
`Sec. 191. Plan submission deadlines.
`Sec. 192. Attainment dates.
`Sec. 193. General savings clause.
`Sec. 194. Air Pollution Release Investigation Board.
`SEC. 191. PLAN SUBMISSION DEADLINES.
`(a) SUBMISSION- Any State containing an area designated or redesignated
under section 107(d) as nonattainment with respect to the national primary
ambient air quality standards for sulfur oxides, nitrogen dioxide, or lead
subsequent to the date of the enactment of the Clean Air Act Amendments of
1990 shall submit to the Administrator, within 18 months of the designation,
an applicable implementation plan meeting the requirements of this part.
`(b) STATES LACKING FULLY APPROVED STATE IMPLEMENTATION PLANS- Any State
containing an area designated nonattainment with respect to national
primary ambient air quality standards for sulfur oxides or nitrogen dioxide
under section 107(d)(1)(C)(i), but lacking a fully approved implementation
plan complying with the requirements of this Act (including part D) as in
effect immediately before the date of the enactment of the Clean Air Act
Amendments of 1990, shall submit to the Administrator, within 18 months
of the date of the enactment of the Clean Air Act Amendments of 1990,
an implementation plan meeting the requirements of subpart 1 (except as
otherwise prescribed by section 192).
`SEC. 192. ATTAINMENT DATES.
`(a) PLANS UNDER SECTION 191(a)- Implementation plans required under section
191(a) shall provide for attainment of the relevant primary standard as
expeditiously as practicable but no later than 5 years from the date of
the nonattainment designation.
`(b) PLANS UNDER SECTION 191(b)- Implementation plans required under section
191(b) shall provide for attainment of the relevant primary national ambient
air quality standard within 5 years after the date of the enactment of
the Clean Air Act Amendments of 1990.
`(c) INADEQUATE PLANS- Implementation plans for nonattainment areas
for sulfur oxides or nitrogen dioxide with plans that were approved by
the Administrator before the date of the enactment of the Clean Air Act
Amendments of 1990 but, subsequent to such approval, were found by the
Administrator to be substantially inadequate, shall provide for attainment of
the relevant primary standard within 5 years from the date of such finding.'.

44e888dd6fba991b78e2ef7e02696b9c28d708db145f51d39c48b0c2e49f1ab8

(a) DEFINITION OF AIR POLLUTION CONTROL AGENCY- Section 302(b) (42
U.S.C. 7602(b)) is amended by--
(1) deleting `or' at the end of paragraph (3);
(2) striking the semicolons at the end of paragraphs (1), (2), and (3)
and inserting periods at the end of each such paragraph; and
(3) adding the following new paragraph after paragraph (4):
`(5) An agency of an Indian tribe.'.
(b) DEFINITION OF INDIAN TRIBE- Section 302 (42 U.S.C. 7602) is amended
by adding new subsection (r) to read as follows:
`(r) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, including any Alaska Native
village, which is Federally recognized as eligible for the special programs
and services provided by the United States to Indians because of their
status as Indians.'.
(c) SIPS- Section 110 (42 U.S.C. 7410) is amended by adding the following
new subsection after subsection (n):
`(o) INDIAN TRIBES- If an Indian tribe submits an implementation plan to
the Administrator pursuant to section 301(d), the plan shall be reviewed
in accordance with the provisions for review set forth in this section for
State plans, except as otherwise provided by regulation promulgated pursuant
to section 301(d)(2). When such plan becomes effective in accordance
with the regulations promulgated under section 301(d), the plan shall
become applicable to all areas (except as expressly provided otherwise
in the plan) located within the exterior boundaries of the reservation,
notwithstanding the issuance of any patent and including rights-of-way
running through the reservation.'.
(d) TRIBAL AUTHORITY- Section 301 (42 U.S.C. 7601) is amended by adding
at the end thereof the following new subsection:
`(d) TRIBAL AUTHORITY- (1) Subject to the provisions of paragraph (2),
the Administrator--
`(A) is authorized to treat Indian tribes as States under this Act, except
for purposes of the requirement that makes available for application by
each State no less than one-half of 1 percent of annual appropriations
under section 105; and
`(B) may provide any such Indian tribe grant and contract assistance to
carry out functions provided by this Act.
`(2) The Administrator shall promulgate regulations within 18 months
after the date of the enactment of the Clean Air Act Amendments of 1990,
specifying those provisions of this Act for which it is appropriate to
treat Indian tribes as States. Such treatment shall be authorized only if--
`(A) the Indian tribe has a governing body carrying out substantial
governmental duties and powers;
`(B) the functions to be exercised by the Indian tribe pertain to the
management and protection of air resources within the exterior boundaries
of the reservation or other areas within the tribe's jurisdiction; and
`(C) the Indian tribe is reasonably expected to be capable, in the judgment
of the Administrator, of carrying out the functions to be exercised
in a manner consistent with the terms and purposes of this Act and all
applicable regulations.
`(3) The Administrator may promulgate regulations which establish the
elements of tribal implementation plans and procedures for approval or
disapproval of tribal implementation plans and portions thereof.
`(4) In any case in which the Administrator determines that the treatment of
Indian tribes as identical to States is inappropriate or administratively
infeasible, the Administrator may provide, by regulation, other means by
which the Administrator will directly administer such provisions so as to
achieve the appropriate purpose.
`(5) Until such time as the Administrator promulgates regulations pursuant
to this subsection, the Administrator may continue to provide financial
assistance to eligible Indian tribes under section 105.'.

d4c2ed1a882c9363d86f9bc003ed1c219b1c45fc69818ee6eb22b2578061a037

(a) TRANSPORTATION PLANNING GUIDANCE- (1) Section 108(e) (42 U.S.C. 7408(e))
is amended by revising the first sentence to read as follows: `Within 9
months after the date of the enactment of the Clean Air Act Amendments of
1990 and periodically thereafter as necessary to maintain a continuous
process of transportation and air quality planning, including emissions
inventory development, the Administrator shall, after consultation with
the Secretary of Transportation and State and local officials, update the
June 1978 Transportation-Air Quality Planning Guidelines.'.
(2) So much of subsection (f)(1) of section 108 (42 U.S.C. 7408) as precedes
subparagraph (B) is amended to read as follows:
`(f) INFORMATION TO BE AVAILABLE- (1) Within 1 year after the date of
the enactment of the Clean Air Act Amendments of 1990, the Administrator
shall publish and make available to appropriate Federal, State, and local
environmental and transportation agencies, and from time to time thereafter
the Administrator shall revise--
`(A) information, prepared as appropriate after consultation with the
Secretary of Transportation, and after providing public notice and
opportunity for comment, regarding the emission reduction potential of
transportation control measures, including--
`(i) trip-reduction ordinances;
`(ii) employer-based transportation management plans;
`(iii) transit improvements;
`(iv) traffic-flow improvements;
`(v) areawide rideshare programs;
`(vi) park-and-ride and fringe parking programs;
`(vii) work-schedule changes;
`(viii) restriction of certain roads or lanes to, or construction of such
roads or lanes for use by, passenger buses or high occupancy vehicles;
`(ix) programs to control extended idling of vehicles;
`(x) vanpool purchase incentives;
`(xi) incentives for employer-based transportation management plans;
`(xii) programs to limit portions of road surfaces to the use of nonmotorized
vehicles or pedestrian use, both as to time and place;
`(xiii) programs for secure bicycle storage facilities and other facilities,
including bicycle lanes;
`(xiv) programs for new construction and major reconstruction of paths
or tracks solely for use by pedestrian or other nonmotorized means of
transportation; and
`(xv) telecommuting.
In considering such measures for inclusion in any State implementation plan
or revision thereto as may be required under this Act, the State shall choose
from among and implement such measures as necessary, and should ensure adequate
access to downtown, other commercial, and residential areas and avoid measures
that increase or relocate emissions and congestion rather than reduce them.'.
(b) RACT/BACT/LAER CLEARINGHOUSE- Section 108 (42 U.S.C. 7408) is amended
by adding the following at the end thereof:
`(h) RACT/BACT/LAER CLEARINGHOUSE- The Administrator shall make information
regarding emission control technology available to the States and to
the general public through a central database. Such information shall
include all control technology information received pursuant to State plan
provisions requiring permits for sources, including operating permits for
existing sources.'.
(c) STATE REPORTS ON EMISSIONS-RELATED DATA- Section 110 (42 U.S.C. 7410)
is amended by adding the following new subsection after subsection (o):
`(p) REPORTS- Any State shall submit, according to such schedule as the
Administrator may prescribe, such reports as the Administrator may require
relating to emission reductions, vehicle miles traveled, congestion levels,
and any other information the Administrator may deem necessary to assess
the development effectiveness, need for revision, or implementation of
any plan or plan revision required under this Act.'.
(d) NEW SOURCE STANDARDS OF PERFORMANCE- (1) Section 111(b)(1)(B) (42
U.S.C. 7411(b)(1)(B)) is amended as follows:
(A) Strike `120 days' and insert `one year'.
(B) Strike `90 days' and insert `one year'.
(C) Strike `four years' and insert `8 years'.
(D) Immediately before the sentence beginning `Standards of performance
or revisions thereof' insert `Notwithstanding the requirements of the
previous sentence, the Administrator need not review any such standard if
the Administrator determines that such review is not appropriate in light
of readily available information on the efficacy of such standard.'.
(E) Add the following at the end: `When implementation and enforcement of
any requirement of this Act indicate that emission limitations and percent
reductions beyond those required by the standards promulgated under this
section are achieved in practice, the Administrator shall, when revising
standards promulgated under this section, consider the emission limitations
and percent reductions achieved in practice.'.
(2) Section 111(f)(1) (42 U.S.C. 7411(f)(1)) is amended to read as follows:
`(1) For those categories of major stationary sources that the Administrator
listed under subsection (b)(1)(A) before the date of the enactment of the
Clean Air Act Amendments of 1990 and for which regulations had not been
proposed by the Administrator by such date, the Administrator shall--
`(A) propose regulations establishing standards of performance for at
least 25 percent of such categories of sources within 2 years after the
date of the enactment of the Clean Air Act Amendments of 1990;
`(B) propose regulations establishing standards of performance for at
least 50 percent of such categories of sources within 4 years after the
date of the enactment of the Clean Air Act Amendments of 1990; and
`(C) propose regulations for the remaining categories of sources within
6 years after the date of the enactment of the Clean Air Act Amendments
of 1990.'.
(e) SAVINGS CLAUSE- Section 111(a)(3) (42 U.S.C. 7411(f)(1)) is amended by
adding at the end: `Nothing in title II of this Act relating to nonroad
engines shall be construed to apply to stationary internal combustion
engines.'.
(f) REGULATION OF EXISTING SOURCES- Section 111(d)(1)(A)(i) (42
U.S.C. 7411(d)(1)(A)(i)) is amended by striking `or 112(b)(1)(A)' and
inserting `or emitted from a source category which is regulated under
section 112'.
(g) CONSULTATION- The penultimate sentence of section 121 (42 U.S.C. 7421)
is amended to read as follows: `The Administrator shall update as necessary
the original regulations required and promulgated under this section (as
in effect immediately before the date of the enactment of the Clean Air
Act Amendments of 1990) to ensure adequate consultation.'.
(h) DELEGATION- The second sentence of section 301(a)(1) (42
U.S.C. 7601(a)(1)) is amended by inserting `subject to section 307(d)'
immediately following `regulations'.
(i) DEFINITIONS- Section 302 (42 U.S.C. 7602) is amended as follows:
(1) Insert the following new subsections after subsection (r):
`(s) VOC- The term `VOC' means volatile organic compound, as defined by
the Administrator.
`(t) PM-10- The term `PM-10' means particulate matter with an aerodynamic
diameter less than or equal to a nominal ten micrometers, as measured by
such method as the Administrator may determine.
`(u) NAAQS AND CTG- The term `NAAQS' means national ambient air quality
standard. The term `CTG' means a Control Technique Guideline published by
the Administrator under section 108.
`(v) NOX- The term `NOX' means oxides of nitrogen.
`(w) CO- The term `CO' means carbon monoxide.
`(x) SMALL SOURCE- The term `small source' means a source that emits less
than 100 tons of regulated pollutants per year, or any class of persons
that the Administrator determines, through regulation, generally lack
technical ability or knowledge regarding control of air pollution.
`(y) FEDERAL IMPLEMENTATION PLAN- The term `Federal implementation plan'
means a plan (or portion thereof) promulgated by the Administrator to
fill all or a portion of a gap or otherwise correct all or a portion of an
inadequacy in a State implementation plan, and which includes enforceable
emission limitations or other control measures, means or techniques
(including economic incentives, such as fees, marketable permits, or
auctions of emissions allowances), and provides for attainment of the
relevant national ambient air quality standard.'.
(2) Section 302(g) (42 U.S.C. 7602(g)) is amended by adding the following
at the end: `Such term includes any precursors to the formation of any air
pollutant, to the extent the Administrator has identified such precursor
or precursors for the particular purpose for which the term `air pollutant'
is used.'.
(j) POLLUTION PREVENTION- Section 101 (42 U.S.C. 7401) is amended as follows:
(1) Amend subsection (a)(3) to read as follows:
`(3) that air pollution prevention (that is, the reduction or elimination,
through any measures, of the amount of pollutants produced or created
at the source) and air pollution control at its source is the primary
responsibility of States and local governments; and'.
(2) Amend subsection (b)(4) by inserting `prevention and' immediately after
`pollution'.
(3) Add a new subsection (c) to read as follows:
`(c) POLLUTION PREVENTION- A primary goal of this Act is to encourage or
otherwise promote reasonable Federal, State, and local governmental actions,
consistent with the provisions of this Act, for pollution prevention.'.
(k) Title I is amended by adding the following after section 192:
`SEC. 193. GENERAL SAVINGS CLAUSE.
`Each regulation, standard, rule, notice, order and guidance promulgated or
issued by the Administrator under this Act, as in effect before the date
of the enactment of the Clean Air Act Amendments of 1990 shall remain in
effect according to its terms, except to the extent otherwise provided
under this Act, inconsistent with any provision of this Act, or revised
by the Administrator. No control requirement in effect, or required to be
adopted by an order, settlement agreement, or plan in effect before the
date of the enactment of the Clean Air Act Amendments of 1990 in any area
which is a nonattainment area for any air pollutant may be modified after
such enactment in any manner unless the modification insures equivalent
or greater emission reductions of such air pollutant.'.
(l) BOUNDARY CHANGES- Section 162(a) (42 U.S.C. 7472(a)) is amended by adding
at the end thereof the following: `The extent of the areas designated as
Class I under this section shall conform to any changes in the boundaries
of such areas which have occurred subsequent to the date of the enactment
of the Clean Air Act Amendments of 1977, or which may occur subsequent to
the date of the enactment of the Clean Air Act Amendments of 1990.'.
(m) BOUNDARIES- Section 164(a) (42 U.S.C. 7474(a)) is amended by inserting
immediately before the sentence beginning `Any area (other than an area
referred to in paragraph (1) or (2)' the following: `The extent of the
areas referred to in paragraph (1) and (2) shall conform to any changes in
the boundaries of such areas which have occurred subsequent to the date of
the enactment of the Clean Air Act Amendments of 1977, or which may occur
subsequent to the date of the enactment of the Clean Air Act Amendments
of 1990.'.
(n) ASSESSMENTS- Section 108 (42 U.S.C. 7408) is amended by adding at the
end thereof a new subsection (g) to read as follows:
`(g) ASSESSMENT OF RISKS TO ECOSYSTEMS- The Administrator may assess the
risks to ecosystems from exposure to criteria air pollutants (as identified
by the Administrator in the Administrator's sole discretion).'.
(o) REVIEW OF REPORTS AND PUBLIC PARTICIPATION- Section 307 (42 U.S.C. 7607)
is amended by adding the following after subsection (g):
`(h) REPORTS- No report required by this Act to be submitted to Congress
shall be subject to judicial review.
`(i) PUBLIC PARTICIPATION- It is the intent of Congress that, consistent
with the policy of the Administrative Procedures Act, the Administrator in
promulgating any regulation under this Act, including a regulation subject
to a deadline, shall ensure a reasonable period for public participation of
at least 30 days, except as otherwise expressly provided in section 107(d),
172(a), 181(a) and (b), and 186(a) and (b).'.
(p) ETHICS, FINANCIAL DISCLOSURE, AND CONFLICTS OF INTEREST- Section 318
(42 U.S.C. 7618) is repealed.
(q) INFORMATION PROMOTING COMPLIANCE BY SMALL SOURCES- The following new
section is added after section 128:
`SEC. 129. INFORMATION FOR SMALL SOURCES.
`(a) IN GENERAL- The Administrator shall develop, collect, evaluate, and
coordinate information on compliance methods and technologies for small
sources. The Administrator shall maintain a central reference library
of such information, and shall disseminate such information to States or
other persons seeking to comply with this Act.
`(b) EDUCATION PROGRAMS FOR SMALL SOURCES- The Administrator shall, in
cooperation with the States and their small source technical assistance
programs created pursuant to section 110(a)(2)(N), develop programs for
educating small sources about their obligations under this Act and means
to comply.'.

33dd4b9008ff1d0ebab430e40386e8cb5d4d19b24b36a2b81f49849a7f607e6a

(a) AMENDMENTS TO SECTION 126- Section 126 (42 U.S.C. 7426) is amended
as follows:
(1) In subsection (b)--
(A) in the first sentence, following `major source', insert `or group of
stationary sources'; and
(B) strike `110(a)(2)(E)(i)' and insert in lieu thereof `110(a)(2)(D)(ii)
or this section'.
(2) In subsection (c)--
(A) in the first sentence, following the words `violation of', insert
`this section and'; and
(B) strike `110(a)(2)(E)(i)' wherever it appears and insert in lieu thereof
`110(a)(2)(D)(ii) or this section'.
(b) AMENDMENT TO SECTION 302- Section 302(h) (42 U.S.C. 7602(h)) is
amended by inserting before the period `, whether caused by transformation,
conversion, or combination with other air pollutants'.

636f56395d793f4dfec0ae18d36662fc3a501a48383e377e5d081143342f56b4

The Clean Air Act is amended as follows--
(1) Strike, in section 161 (42 U.S.C. 7471), `identified pursuant to
section 107(d)(1)(D) or (E)' and insert `designated pursuant to section
107 as attainment or unclassifiable'.
(2) Strike, in section 162(b) (42 U.S.C. 7472(b)), `identified pursuant
to section 107(d)(1)(D) or (E)' and insert `designated pursuant to section
107(d) as attainment or unclassifiable';
(3) Strike, in section 167 (42 U.S.C. 7477), the reference to `included
in the list promulgated pursuant to paragraph (1)(D) or (E) of subsection
(d) of section 107 of this Act' and insert `designated pursuant to section
107(d) as attainment or unclassifiable'.
(4) Strike subsections (a) and (b) of section 176 (42 U.S.C. 7506).
(5) Amend section 307(d)(1) (42 U.S.C. 7607(d)(1)) as follows:
(A) Subparagraph (C) is amended to read as follows:
`(C) the promulgation or revision of any standard of performance under
section 111, or emission standard or limitation under section 112(d), any
standard under section 112(f), or any regulation under section 112(g)(1)(D)
and (F), or any regulation under section 112(m) or (n),'.
(B) Subparagraph (F) is amended to read as follows:
`(F) the promulgation or revision of any regulation under title V (relating
to control of acid deposition),'.
(C) Delete `and' at the end of subparagraph (M), redesignate subparagraph
(N) as subparagraph (U), and add the following new subparagraphs after
subparagraph (M):
`(N) the promulgation or revision of any regulation pertaining to consumer
and commercial products under section 183(e),
`(O) the promulgation or revision of any regulation pertaining to field
citations under section 113(d)(3),
`(P) the promulgation or revision of any regulation pertaining to urban
buses or the clean-fuel vehicle, clean-fuel fleet, and clean fuel programs
under section 212,
`(Q) the promulgation or revision of any regulation pertaining to nonroad
engines or nonroad vehicles under section 213,
`(R) the promulgation or revision of any regulation relating to motor
vehicle compliance program fees under section 217,
`(S) the promulgation or revision of any regulation pertaining to
market-based alternative controls under section 214, the promulgation or
revision of any regulation under title IV,
`(T) the promulgation or revision of any regulation under section 183(f)
pertaining to marine vessels, and'.
Subtitle B--Clean Air Employment Transition Assistance

204ea29cc5499ee7106738738bbe1aeb2337dbb2df67157cbec36db5ebefa599

cc384f9e1822a1690187494dea3253a79b51d6f449fff8b67e11cbea53b531d8

(a) TRAINING PROGRAMS AUTHORIZED- Title III of the Job Training Partnership
Act is amended by adding at the end thereof the following new section:
`TRAINING FOR WORKERS ADVERSELY AFFECTED BY CLEAN AIR ACT COMPLIANCE
`SEC. 325. (a) EMPLOYMENT SERVICES- The Secretary shall ensure that
adversely affected workers covered by a certification under part I of
the Clean Air Employment Transition Act receive the counseling, testing,
and placement services, and supportive and other services, provided for
under this Act or any other Federal law. The Secretary shall, whenever
appropriate, procure such services through agreements with the States.
`(b) TRAINING- (1) If the Secretary determines that--
`(A) there is no suitable employment (which may include technical and
professional employment) available for an adversely affected worker,
`(B) the worker would benefit from appropriate training,
`(C) there is a reasonable expectation of employment following completion
of such training,
`(D) training approved by the Secretary is reasonably available to the
worker from either governmental agencies or private sources (which may
include area vocational education schools, as defined in section 195(2)
of the Vocational Education Act of 1963, and employers),
`(E) the worker is qualified to undertake and complete such training, and
`(F) such training is suitable for the worker and available at a reasonable
cost,
the Secretary shall approve such training for the worker. Upon such approval,
the worker shall be eligible to have payment of the costs of such training
(subject to the limitations imposed by this section) paid on his behalf by
the Secretary directly or through a certificate system. Insofar as possible,
the Secretary shall provide or assure the provision of such training on the
job, which shall include related education necessary for the acquisition of
skills needed for a position within a particular occupation.
`(2) For purposes of applying paragraph (1)(C), a reasonable expectation
of employment does not require that employment opportunities for a worker
be available, or offered, immediately upon the completion of training
approved under paragraph (1).
`(3)(A) If the costs of training an adversely affected worker are paid by
the Secretary under paragraph (1), no other payment for such costs may be
made under any other provision of Federal law.
`(B) No payment may be made under paragraph (1) of the costs of training
an adversely affected worker if such costs--
`(i) have already been paid under any other provision of Federal law, or
`(ii) are reimbursable under any other provision of Federal law and a
portion of such costs have already been paid under such other provision
of Federal law.
`(C) The provisions of this paragraph shall not apply to, or take into
account, any funds provided under any other provision of Federal law
which are used for any purpose other than the direct payment of the costs
incurred in training a particular adversely affected worker, even if such
use has the effect of indirectly paying or reducing any portion of the
costs involved in training the adversely affected worker.
`(4) The training programs and activities that may be approved under
paragraph (1) include, but are not limited to--
`(A) on-the-job training,
`(B) any program or activity under this title,
`(C) any other program or activity under this Act for which the individual
is eligible,
`(D) any program of remedial education,
`(E) any training program (other than a training program described in
paragraph (6)) for which all, or any portion, of the costs of training
the worker are paid--
`(i) under any Federal or State program other than this section, or
`(ii) from any source other than this section, and
`(F) any other training program approved by the Secretary.
`(5)(A) The Secretary is not required under paragraph (1) to pay the costs
of any training approved under paragraph (1) to the extent that such costs
are paid--
`(i) under any Federal or State program other than this subtitle, or
`(ii) from any source other than this section.
`(B) Before approving any training to which subparagraph (A) may apply,
the Secretary may require that the adversely affected worker enter into an
agreement with the Secretary under which the Secretary will not be required
to pay under this section the portion of the costs of such training that
the worker has reason to believe will be paid under the program, or by
the source, described in clause (i) or (ii) of subparagraph (A).
`(6) The Secretary shall not approve a training program if--
`(A) all or a portion of the costs of such training program are paid under
any nongovernmental plan or program,
`(B) the adversely affected worker has a right to obtain training or funds
for training under such plan or program, and
`(C) such plan or program requires the worker to reimburse the plan or
program from funds provided under this subtitle or from wages paid under
such training program, for any portion of the costs of such training
program paid under the plan or program.
`(7) The Secretary may approve training for any adversely affected worker who
is a member of a group certified under part I of the Clean Air Employment
Transition Act at any time after the date on which the group is certified
under part I of such Act, without regard to whether such worker has exhausted
all rights to any unemployment insurance to which the worker is entitled.
`(8) The Secretary shall prescribe regulations which set forth the criteria
under each of the subparagraphs of paragraph (1) that will be used as the
basis for making determinations under paragraph (1).
`(c) SUPPLEMENTAL ASSISTANCE- The Secretary may, where appropriate, authorize
supplemental assistance necessary to defray reasonable transportation and
subsistence expenses for separate maintenance when training is provided in
facilities which are not within commuting distance of a worker's regular
place of residence. The Secretary may not authorize--
`(1) payments for subsistence that exceed whichever is the lesser of
(A) the actual per diem expenses for subsistence, or (B) payments at 50
percent of the prevailing per diem allowance rate authorized under the
Federal travel regulations, or
`(2) payments for travel expenses exceeding the prevailing mileage rate
authorized under the Federal travel regulations.
`(d) ON-JOB-TRAINING COSTS- The Secretary shall pay the costs of any
on-the-job training of an adversely affected worker that is approved under
subsection (b)(1) in equal monthly installments, but the Secretary may pay
such costs, notwithstanding any other provision of this section, only if--
`(1) no currently employed worker is displaced by such adversely affected
worker (including partial displacement such as a reduction in the hours
of nonovertime work, wages, or employment benefits),
`(2) such training does not impair existing contracts for services or
collective bargaining agreements,
`(3) in the case of training which would be inconsistent with the terms
of a collective bargaining agreement, the written concurrence of the labor
organization concerned has been obtained,
`(4) no other individual is on layoff from the same, or any substantially
equivalent, job for which such adversely affected worker is being trained,
`(5) the employer has not terminated the employment of any regular employee
or otherwise reduced the workforce of the employer with the intention of
filling the vacancy so created by hiring such adversely affected worker,
`(6) the job for which such adversely affected worker is being trained is
not being created in a promotional line that will infringe in any way upon
the promotional opportunities of currently employed individuals,
`(7) such training is not for the same occupation from which the worker
was separated and with respect to which such worker's group was certified
pursuant to section 212 of the Clean Air Employment Transition Act,
`(8) the employer certifies to the Secretary that the employer will
continue to employ such worker for at least 26 weeks after completion of
such training if the worker desires to continue such employment and the
employer does not have due cause to terminate such employment,
`(9) the employer has not received payment under subsection (b)(1) with
respect to any other on-the-job training provided by such employer which
failed to meet the requirements of paragraphs (1), (2), (3), (4), (5),
and (6), and
`(10) the employer has not taken, at any time, any action which violated
the terms of any certification described in paragraph (8) made by such
employer with respect to any other on-the-job training provided by such
employer for which the Secretary has made a payment under subsection (b)(1).
`(e) JOB SEARCH ALLOWANCES- Any adversely affected worker covered by a
certification under part I of the Clean Air Employment Transition Act may
file an application with the Secretary for a job search allowance. Such
allowance, if granted, shall provide reimbursement to the worker of 90
percent of the cost of necessary job search expenses as prescribed by
regulations of the Secretary; except that--
`(1) such reimbursement may not exceed $800 for any worker, and
`(2) reimbursement may not be made for subsistence and transportation
expenses at levels exceeding those allowable under subsection (c) (1) and
(2).
`(f) CRITERIA FOR GRANTING ALLOWANCES- A job search allowance may be
granted only--
`(1) to assist an adversely affected worker who has been totally separated
in securing a job within the United States;
`(2) where the Secretary determines that such worker cannot reasonably be
expected to secure suitable employment in the commuting area in which he
resides; and
`(3) where the worker has filed an application for such allowance with
the Secretary before--
`(A) the later of--
`(i) the 365th day after the date of the certification under which the
worker is eligible, or
`(ii) the 365th day after the date of the worker's last total separation; or
`(B) the 182nd day after the concluding date of any training received by
the worker, if the worker was referred to such training by the Secretary.
`(g) REIMBURSEMENT FOR NECESSARY EXPENSES- The Secretary shall reimburse
any adversely affected worker for necessary expenses incurred by such
worker in participating in a job search program approved by the Secretary.
`(h) RELOCATION ALLOWANCES- (1) Any adversely affected worker covered by
a certification under part I of the Clean Air Employment Transition Act
may file an application with the Secretary for a relocation allowance,
subject to the terms and conditions of this section, if such worker files
such application before--
`(A) the later of--
`(i) the 425th day after the date of the certification, or
`(ii) the 425th day after the date of the worker's last total separation; or
`(B) the 182nd day after the concluding date of any training received by
such worker, if the worker was referred to such training by the Secretary.
`(2) A relocation allowance may be granted only to assist an adversely
affected worker in relocating within the United States and only if the
Secretary determines that such worker cannot reasonably be expected to
secure suitable employment in the commuting area in which the worker
resides and that such worker--
`(A) has obtained suitable employment affording a reasonable expectation
of long-term duration in the area in which the worker wishes to relocate, or
`(B) has obtained a bona fide offer of such employment, and
`(C) is totally separated from employment at the time relocation commences.
`(3) A relocation allowance shall not be granted to such worker unless
his relocation occurs within 182 days after the filing of the application
therefor or (in the case of a worker who has been referred to training by
the Secretary) within 182 days after the conclusion of such training.
`(i) DEFINITIONS- For the purposes of this section--
`(1) The term `relocation allowance' means--
`(A) 90 percent of the reasonable and necessary expenses (including,
but not limited to, subsistence and transportation expenses at levels not
exceeding those allowable under subsection (c) (1) and (2)) specified in
regulations prescribed by the Secretary, incurred in transporting a worker
and his family, if any, and household effects, and
`(B) a lump sum equivalent to 3 times the worker's average weekly wage,
up to a maximum payment of $800.
`(2) The term `adversely affected worker' means an individual who is
determined to be eligible for a transition allowance under section 221 of
the Clean Air Employment Transition Act.'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section 3(c) of the Job Training
Partnership Act is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively,
(2) by inserting `(1)' after `(c)',
(3) by inserting `(other than section 325)' after `title III', and
(4) by adding at the end thereof the following new paragraph:
`(2) There are authorized to be appropriated to carry out section 325--
`(A) $15,000,000 for fiscal year 1991, and
`(B) such sums as may be necessary for each of fiscal years 1992, 1993,
1994, and 1995,
except that the total amount appropriated for all five such fiscal years
shall not exceed $75,000,000. Sums appropriated pursuant to this paragraph
are authorized to remain available until expended.'.

97a75d9fbcfa23dd569d9d7e41ce50b0b4484681da1ba557901bf5aec7a75d4f

The Comptroller General of the United States shall--
(1) identify and assess, on a continuing basis, the effects on employment
that are attributable to compliance with the provisions of the Clean Air
Act; and
(2) submit to the Congress on the 3rd anniversary of the date of the
enactment of this subtitle a written report on the assessments required
under paragraph (1).
After submission of the report required on the 3rd anniversary of such
date of enactment, the Comptroller General shall submit to the appropriate
committees of the Congress such periodic updates regarding the assessments
as are considered necessary or appropriate by the Comptroller General or
such committees.

df3ae110ccb1e37090606aa3c18075d853fb1c70d3ed30cdff7c68d3f4432ea0

Notwithstanding any other provision of this subtitle or any amendment
made by this subtitle, the authority to make payments under this subtitle
(or under any such amendment) is subject to the availability of funds
appropriated therefor.

db631e2269a09d1932ba6e9b42188565b97a6c17db714804416b55e89a92340e

615c950d8c63ca7a672192fab3526dcbab67109641b1c409680c9ccc75ebbb93

TITLE II

-PROVISIONS RELATING TO MOBILE SOURCES

(a) STANDARDS- Section 202 (42 U.S.C. 7521) is amended by adding the
following at the end thereof:
`(g) NMHC AND CO STANDARDS FOR MODEL YEARS AFTER 1993- Effective with respect
to the model year 1994 and thereafter, the regulations under subsection
(a) applicable to emissions of nonmethane hydrocarbons (NMHC) and carbon
monoxide (CO) from passenger cars and light-duty trucks (LDTs) shall contain
standards which provide that emissions from a specified percentage of each
manufacturer's sales volume of such cars and trucks shall comply with the
levels specified in table 1. The specified percentage shall be 40 percent
in model year 1994, 80 percent in 1995, and 100 percent thereafter.
TABLE 1--EMISSION STANDARDS FOR NHMC AND CO FROM GASOLINE AND DIESEL FUELED
PASSENGER VEHICLES AND LIGHT-DUTY TRUCKS OF UP TO 6,000 LBS. GVWR
-------------------------------------------------------------------------------------
Vehicle type                        Column A*              Column
B**
(5 yrs/50,000 mi)     (10 yrs/100,000
mi)
NMHC  CO
NMHC  CO
-------------------------------------------------------------------------------------
Passenger Cars                           0.25 3.4                0.31 4.2
LDT's (0-3,750 lbs LVW)                  0.25 3.4                0.31 4.2
LDT's (3,751-5,750 lbs LVW)              0.32 4.4                0.40 5.5
-------------------------------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
LVW refers to loaded vehicle weight and GVWR refers to gross vehicle weight
rating each as defined by EPA in regulations in effect as of the date of
the enactment of the Clean Air Act Amendments of 1990.
*In the case of the standards under column A, for purposes of certification
under section 206, the applicable useful life shall be 5 years or 50,000 miles
(or the equivalent) whichever first occurs.
**In the case of the standards under column B, for purposes of certification
under section 206, the applicable useful life shall be 10 years or 100,000
miles (or the equivalent), whichever first occurs.
`(h) NOX AND PM STANDARDS FOR MODEL YEARS AFTER 1993- Effective with respect
to the model years after 1993 in the case of passenger cars, and effective
with respect to model years after 1994 in the case of light-duty trucks
(LTDs), the regulations under subsection (a) applicable to emissions of
oxides of nitrogen (NOX) and particulate matter (PM) from such cars and
trucks shall contain standards which provide that such emissions from
a specified percentage of each manufacturer's sales volume of such cars
and trucks shall comply with the levels specified in table 2. In the case
of passenger cars, the specified percentage shall be 40 percent in model
year 1994 and 100 percent thereafter. In the case of light-duty trucks,
the specified percentage shall be 40 percent in model year 1995 and 100
percent thereafter.
TABLE 2--EMISSION STANDARDS FOR NOx AND PM FROM GASOLINE AND DIESEL FUELED
PASSENGER CARS AND LIGHT-DUTY TRUCKS (LDTs) OF UP TO 6,000 LBS. GVWR
---------------------------------------------------------------------------------------
Vehicle type                                            Pollutant
Standard*
---------------------------------------------------------------------------------------
Passenger cars and LDT's with LVW of 3,750 lbs. or less NOX       0.4 gpm
PM        0.08 gpm
LDT's with LVW of 3,751 to 5,750 lbs                    NOX       1.0 gpm
PM        0.08 gpm
---------------------------------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
LVW refers to loaded vehicle weight and GVWR refers to gross vehicle weight
rating each as defined by EPA in regulations in effect as of the date of
the enactment of the Clean Air Act Amendments of 1990.
*For these standards, for purpose of certification under section 206, the
applicable useful life shall be 5 years or 50,000 miles (or the equivalent),
whichever first occurs.
`(i) PHASE II STUDY- (1) The Administrator, with the participation of
the Office of Technology Assessment, shall study whether or not further
reductions in emissions from passenger cars and light-duty trucks should
be required pursuant to this title. The study shall consider whether to
establish with respect to model years commencing after January 1, 2003,
the standards and useful life period for gasoline and diesel-fueled
passenger cars and light-duty trucks with a loaded vehicle weight (lvw)
of 3,750 lbs. or less specified in the following table:
`TABLE 3--PENDING EMISSION STANDARDS FOR GASOLINE AND DIESEL FUELED PASSENGER
VEHICLES AND LIGHT-DUTY TRUCKS WITH 3,750 LBS. LVW OR LESS
-------------------------------------
Pollutant Emission level*
-------------------------------------
NMHC      0.125 gpm
NOX       0.2 gpm
CO        1.7 gpm
-------------------------------------
*Emission levels are expressed in grams per mile (gpm). For vehicles and
engines subject to this subsection for purposes of section 202(d) and any
reference thereto, the useful life of such vehicles and engines shall be
a period of 10 years or 100,000 miles (or the equivalent), whichever first
occurs.
Such study shall also consider other standards and useful life periods
which are more stringent or less stringent than those set forth in table 3
(but more stringent than those referred to in subsections (g) and (h)).
`(2)(A) As part of the study under paragraph (1), the Administrator shall
examine the need for further reductions in emissions in order to attain
or maintain the national ambient air quality standards, taking into
consideration the waiver provisions of section 209(b). As part of such
study, the Administrator shall also examine--
`(i) the availability of technology (including the costs thereof), in the
case of passenger cars and light-duty trucks with a loaded vehicle weight
(lvw) of 3,750 lbs. or less, for meeting more stringent emission standards
than those provided in subsections (g) and (h) for model years commencing
not earlier than after January 1, 2003 and not later than model year 2006,
including the lead time and safety and energy impacts of meeting more
stringent emission standards; and
`(ii) the need for, and cost effectiveness of, obtaining further reductions
in emissions from such passenger cars and light-duty trucks, taking into
consideration alternative means of attaining or maintaining the national
primary ambient air quality standards pursuant to State implementation
plans and other requirements of this Act, including their feasibility and
cost effectiveness.
`(B) The Administrator shall submit a report to Congress no later than
June 1, 1997, containing the results of the study under this subsection,
including the results of the examination conducted under subparagraph
(A). Before submittal of such report the Administrator shall provide a
reasonable opportunity for public comment and shall include a summary of
such comments in the report to Congress.
`(3)(A) Based on the study under paragraph (1) the Administrator shall
determine, by rule, within 3 calendar years after the report is submitted
to Congress, but not later than December 31, 1999, whether--
`(i) there is a need for further reductions in emissions as provided in
paragraph (2)(A);
`(ii) the technology for meeting more stringent emission standards will be
available, as provided in paragraph (2)(A)(i), in the case of passenger cars
and light-duty trucks with a loaded vehicle weight (lvw) of 3,750 lbs. or
less, for model years commencing not earlier than January 1, 2003 and not
later than model year 2006, considering the factors listed in paragraph
(2)(A)(i); and
`(iii) obtaining further reductions in emissions from such vehicles will
be needed and cost effective, taking into consideration alternatives as
provided in paragraph (2)(A)(ii).
The rulemaking under this paragraph shall commence within 3 months after
submission of the report to Congress under paragraph (2)(B).
`(B) If the Administrator determines under subparagraph (A) that--
`(i) there is no need for further reductions in emissions as provided in
paragraph (2)(A);
`(ii) the technology for meeting more stringent emission standards will not
be available as provided in paragraph (2)(A)(i), in the case of passenger
cars and light-duty trucks with a loaded vehicle weight (lvw) of 3,750
lbs. or less, for model years commencing not earlier than January 1,
2003, and not later than model year 2006, considering the factors listed
in paragraph (2)(A)(i); or
`(iii) obtaining further reductions in emissions from such vehicles will
not be needed or cost effective, taking into consideration alternatives
as provided in paragraph (2)(A)(ii),
the Administrator shall not promulgate more stringent standards than those in
effect pursuant to subsections (g) and (h). (Nothing in this paragraph shall
prohibit the Administrator from exercising the Administrator's authority
under subsection (a) to promulgate more stringent standards for passenger
cars and light-duty trucks with a loaded vehicle weight (lvw) of 3,750
lbs. or less at any other time thereafter in accordance with subsection (a).)
`(C) If the Administrator determines under subparagraph (A) that--
`(i) there is a need for further reductions in emissions as provided in
paragraph (2)(A);
`(ii) the technology for meeting more stringent emission standards will be
available, as provided in paragraph (2)(A)(i), in the case of passenger
cars and light-duty trucks with a loaded vehicle weight (lvw) of 3,750
lbs. or less, for model years commencing not earlier than January 1,
2003, and not later than model year 2006, considering the factors listed
in paragraph (2)(A)(i); and
`(iii) obtaining further reductions in emissions from such vehicles will
be needed and cost effective, taking into consideration alternatives as
provided in paragraph (2)(A)(ii),
the Administrator shall either promulgate the standards (and useful life
periods) set forth in table 3 of paragraph (1) or promulgate alternative
standards (and useful life periods) which are more stringent than those
referred to in subsections (g) and (h). Any such standards (or useful life
periods) promulgated by the Administrator shall take effect with respect
to any such vehicles or engines no earlier than the model year 2003 but not
later than model year 2006, as determined by the Administrator in the rule.
`(D) Nothing in this paragraph shall be construed by the Administrator
or by a court as a presumption that any standards (or useful life period)
set forth in table 3 shall be promulgated in the rulemaking required under
this paragraph. The action required of the Administrator in accordance with
this paragraph shall be treated as a nondiscretionary duty for purposes
of section 304(a)(2) (relating to citizen suits).
`(E) Unless the Administrator determines not to promulgate more stringent
standards as provided in subparagraph (B) or to postpone the effective
date of standards referred to in table 3 of paragraph (1) or to establish
alternative standards as provided in subparagraph (C), effective with respect
to model years commencing after January 1, 2003, the regulations under
subsection (a) applicable to emissions of nonmethane hydrocarbons (NMHC),
oxides of nitrogen (NOx), and carbon monoxide (CO) from motor vehicles and
motor vehicle engines in the classes specified in table 3 of paragraph (1)
above shall contain standards which provide that emissions may not exceed
the pending emission levels specified in table 3 of paragraph (1).'.
(b) CONFORMING AMENDMENT- Section 202(d)(1) (42 U.S.C. 7521(d)(1)) is
amended by inserting `, except as otherwise specifically provided in this
title' before the semicolon at the end thereof.
(c) REVISED STANDARDS- Subparagraph (C) of section 202(b)(1) (42
U.S.C. 7521(b)(1)(C)) is amended to read as follows:
`(C) The Administrator may promulgate regulations under subsection (a)(1)
revising any standard prescribed or previously revised under this subsection,
as needed to protect public health or welfare, taking costs, energy,
and safety into account. Any revised standard shall require a reduction
of emissions from the standard that was previously applicable. Any such
revision under this title may provide for a phase-in of the standard.'.
(d) PROMULGATION- Section 202(b)(2) (42 U.S.C. 7521(b)(2)) is amended to
read as follows:
`(2) Emission standards under paragraph (1), and measurement techniques on
which such standards are based (if not promulgated prior to the date of the
enactment of the Clean Air Act Amendments of 1990), shall be promulgated
by regulation within 180 days after such date.'.

b519cfe5ceddb1483ec4f039d17890b2ee8ec762b2416c2023c80005aaca80c7

Section 206(f)(1) (42 U.S.C. 7525(f)(1)) is amended by inserting `and
light-duty trucks' immediately after `light-duty vehicles and engines'.

a5db048e2ac071cddaec3ab76d3b8971ecb5d37ec209a43c02096ce01922ea72

Section 202 (42 U.S.C. 7521) is amended by adding the following new
subsection after subsection (i):
`(j) COLD CO STANDARD- (1) Not later than 12 months after the date of the
enactment of the Clean Air Act Amendments of 1990, the Administrator shall
promulgate regulations under subsection (a) of this section applicable
to emissions of carbon monoxide from 1993 and later model year light-duty
vehicles and light-duty trucks when operated at 20 degrees Fahrenheit. The
regulations shall contain standards which provide that emissions of
carbon monoxide from a manufacturer's vehicles when operated at 20 degrees
Fahrenheit may not exceed, in the case of light-duty vehicles, 10.0 grams per
mile, and in the case of light-duty trucks, a level comparable in stringency
to the standard applicable to light-duty vehicles. The standards also shall
provide that each manufacturer's light-duty vehicle and light-duty truck
fleets shall comply with applicable standards according to the following
schedule: at least 40 percent of 1993 model year vehicles shall comply
with applicable standards; at least 80 percent of 1994 model year vehicles
shall comply with applicable standards; and 100 percent of 1995 and later
model year vehicles shall comply with applicable standards.
`(2)(A) Not later than December 31, 1993, the Administrator shall complete
a study assessing the need for further reductions in emissions of carbon
monoxide and the maximum reductions in such emissions achievable from
1998 and later model year light-duty vehicles and light-duty trucks when
operated at 20 degrees Fahrenheit.
`(B) The Administrator may promulgate (and from time to time revise)
regulations under subsection (a)(1) of this section applicable to emissions
of carbon monoxide from 1998 and later model year light-duty vehicles and
light-duty trucks when operated at 20 degrees Fahrenheit, as needed to
protect public health and welfare, taking costs into account.
`(3) The Administrator also may promulgate regulations under subsection
(a)(1) applicable to emissions of carbon monoxide from heavy-duty vehicles
and engines when operated at cold temperatures.'.

67df03a854f2209198051ddc68d8027c418c31a4b0fd3de9a540b0e7b073fb6a

Section 202 (42 U.S.C. 7521) is amended by adding the following new
subsection after subsection (j):
`(k) CONTROL OF EVAPORATIVE EMISSIONS- The Administrator shall promulgate
(and from time to time revise) regulations applicable to evaporative
emissions of hydrocarbons from all gasoline-fueled motor vehicles--
`(1) during operation; and
`(2) over 2 or more days of nonuse;
under ozone-prone summertime conditions (as determined by regulations of the
Administrator). The regulations shall take effect as expeditiously as possible
and shall require the greatest degree of emission reduction achievable by
means reasonably expected to be available for production during any model
year to which the regulations apply, giving appropriate consideration to
fuel volatility, and to cost, energy, and safety factors associated with the
application of the appropriate technology. The Administrator shall commence
a rulemaking under this subsection within 12 months after the date of the
enactment of the Clean Air Act Amendments of 1990. If final regulations are
not promulgated under this subsection within 18 months after the date of the
enactment of the Clean Air Act Amendments of 1990, the Administrator shall
submit a statement to the Congress containing an explanation of the reasons
for the delay and a date certain for promulgation of such final regulations
in accordance with this Act. Such date certain shall not be later than 15
months after the expiration of such 18 month deadline.'.

42d5f864b341f75f17ad9c91038c7966bd4bd45eb00e6d6782b6c01d81413a03

Section 202(a)(6) (42 U.S.C. 7521(a)(6)) is amended to read as follows:
`(6) ONBOARD VAPOR RECOVERY- Within 1 year after the date of the enactment
of the Clean Air Act Amendments of 1990, the Administrator shall promulgate
standards under this section requiring that all new light-duty motor
vehicles manufactured in the third model year after the model year in
which the standards are promulgated and thereafter shall be equipped
with vehicle-based (`onboard') systems for the control of evaporative
emissions during vehicle refueling. The Administrator shall determine,
in consultation with the Secretary of Transportation, that such systems
are safe. The standards shall require that such systems provide a minimum
evaporative emission capture efficiency of 95 percent. The requirements of
section 182(b)(3) (relating to stage II gasoline vapor recovery) for areas
classified under section 181 as moderate for ozone shall not apply after
promulgation of such standards and the Administrator may revise or waive
the application of the requirements of such section 182(b)(3) for areas
classified under section 181 as Serious, Severe, or Extreme for ozone, as
appropriate, after such time as the Administrator determines that onboard
emissions control systems required under this paragraph are in widespread
use throughout the motor vehicle fleet.'.

ac8a332292c38f5109f6fdc6c8ef5d3b3f6830aa5c819292e7cc68741ef8019d

Section 202 (42 U.S.C. 7521) is amended by adding the following new
subsection after subsection (k):
`(l) MOBILE SOURCE-RELATED AIR TOXICS-
`(1) STUDY- Not later than 18 months after the date of the enactment of the
Clean Air Act Amendments of 1990, the Administrator shall complete a study
of the need for, and feasibility of, controlling emissions of toxic air
pollutants which are unregulated under this Act and associated with motor
vehicles and motor vehicle fuels, and the need for, and feasibility of,
controlling such emissions and the means and measures for such controls. The
study shall focus on those categories of emissions that pose the greatest
risk to human health or about which significant uncertainties remain,
including emissions of benzene, formaldehyde, and 1, 3 butadiene. The
proposed report shall be available for public review and comment and shall
include a summary of all comments.
`(2) STANDARDS- Within 54 months after the date of the enactment of the Clean
Air Act Amendments of 1990, the Administrator shall, based on the study under
paragraph (1), promulgate (and from time to time revise) regulations under
subsection (a)(1) or section 211(c)(1) containing reasonable requirements
to control hazardous air pollutants from motor vehicles and motor vehicle
fuels. The regulations shall contain standards for such fuels or vehicles,
or both, which the Administrator determines reflect the greatest degree of
emission reduction achievable through the application of technology which
will be available, taking into consideration the standards established under
subsection (a), the availability and costs of the technology, and noise,
energy, and safety factors, and lead time. Such regulations shall not be
inconsistent with standards under section 202(a). The regulations shall,
at a minimum, apply to emissions of benzene and formaldehyde.'.

113f4cd5982cc64374f6b6d0a52e4fe90aeb8a055860302e14f3b2b1ae378534

(a) EMISSION CONTROL DIAGNOSTICS- Section 202 (42 U.S.C. 7521) is amended
by adding the following after subsection (l):
`(m) EMISSIONS CONTROL DIAGNOSTICS-
`(1) RULEMAKING- The Administrator, after consideration of environmental
benefits, technology, safety, and economic factors, shall promulgate (and
from time to time revise) regulations requiring manufacturers to install
on all new motor vehicles and motor vehicle engine diagnostics systems
capable of--
`(A) accurately identifying, to the extent practicable, emission-related
systems deterioration or malfunction which could cause or result in failure
of the vehicle to comply with emission standards established under this
section,
`(B) alerting the vehicle's owner or operator to the likely need for
emission-related components or systems maintenance or repair,
`(C) storing and retrieving fault codes specified by the Administrator, and
`(D) providing access to stored information in a manner specified by the
Administrator.
`(2) EFFECTIVE DATE- The regulations prescribing emission control diagnostics
systems under paragraph (1) of this subsection (and any revision thereof)
shall take effect after such period as the Administrator finds necessary
to permit the development and application of the requisite technology,
giving appropriate consideration to the cost of compliance within such
period and energy and safety factors.
`(3) STATE INSPECTION- The Administrator, by regulation, may require States
that have implementation plans under section 110 containing motor vehicle
inspection and maintenance programs to amend their plans within 2 years
of promulgation of the regulations to provide for inspection of emission
control diagnostics systems (as prescribed by regulations under paragraph
(1) of this subsection) and the maintenance or repair of malfunctions or
system deterioration identified by or affecting such diagnostics systems.
`(4) EMISSIONS CONTROL DIAGNOSTICS- The Administrator shall, by regulation,
require manufacturers--
`(A) to provide standardized connectors through which the emission control
diagnostics system is accessed for inspection, diagnosis, service, or
repair on all motor vehicles and motor vehicle engines;
`(B) to provide standardized access to the emission control diagnostics
system through such connectors which shall be unrestricted and shall
not require any access code or any device which is only available from a
vehicle manufacturer; and
`(C) to provide standardized output of the data from the emission control
diagnostics system through such connectors to a scanning device which shall
be usable without the need for any unique decoding information or device.
`(5) INFORMATION AVAILABILITY- The Administrator, by regulation,
shall require (subject to the provisions of section 208(c) regarding
the protection of methods or processes entitled to protection as trade
secrets) manufacturers, including motor vehicle or motor vehicle engine
manufacturers, to make available in a timely manner, under reasonable
terms and conditions to any person engaged in the repair, diagnosing,
or servicing of motor vehicles or motor vehicle engines any information
reasonably necessary to utilize fully the emission control diagnostic
system and to make effective emissions related repairs and service. No
such information may be withheld under section 208(c) if that information
is provided (directly or indirectly) by the manufacturer to franchised
dealers or other persons engaged in the repair, diagnosing, or servicing
of motor vehicles or motor vehicle engines. Such information shall also
be available to the Administrator, subject to section 208(c), in carrying
out the Administrator's responsibilities under this section.
`(6) REVIEW OF DATA- The Administrator may, in promulgating regulations under
this section, review data output from emission control diagnostic systems
and revise such regulations to improve the emissions repair effectiveness by
use of such data. In the review process, the Administrator should consult
with the industry, including vehicle manufacturers, parts manufacturers,
diagnostic equipment manufacturers, and motor vehicle repair service
providers, regarding the quality and usefulness of the data provided by
the emission control diagnostic system, technology developments in motor
vehicle emission control diagnostics, and any other matters that would
lead to improving the effectiveness of emission control systems repairs
and maintenance.
`(7) BRAND, CORPORATE, AND TRADE NAMES- The Administrator, in promulgating
regulations under this subsection, shall require that information and data
from the emissions control diagnostics systems not require the use of any
component or service which is identified by brand, trade, or corporate name,
as provided by subparagraphs (A) and (B) of section 207(c)(3).
`(8) RULEMAKING- The Administrator shall commence a rulemaking under this
subsection within 12 months after the date of the enactment of the Clean
Air Act Amendments of 1990. If the final regulations under this subsection
are not promulgated within 18 months after the date of the enactment of
the Clean Air Act Amendments of 1990, the Administrator shall submit a
statement to the Congress containing an explanation of the reasons for
the delay and a date certain for promulgation of such final regulations
in accordance with this Act. Such date certain shall not be later than 15
months after such 18-month deadline.'.
(b) SCHEDULED REPLACEMENT- The last sentence of section 207(a)(3) (42
U.S.C. 7541(a)(3)) is amended to read as follows: `The term `designed
for emission control' as used in the preceding sentence means a catalytic
converter, a thermal reactor, an emission control diagnostics system, or
other component installed on or in a vehicle for the sole or primary purpose
of reducing vehicle emissions (not including those vehicle components which
were in general use prior to model year 1968 and the primary function of
which is not related to emission control).'.

f3a5a1adf85a1294dcd2697b009d5b88ebe1103c427f5287f34f1d13366b53ab

Effective with respect to new motor vehicles and engines manufactured
in the model year 1995 and thereafter, section 207 (42 U.S.C. 7541) is
amended as follows:
(1) Strike out `useful life (as determined under section 202(d))' each
place it appears in subsection (b) and insert `the warranty period (as
determined under subsection (i))'.
(2) Strike so much of section 207(b) as follows the third sentence thereof.
(3) Add the following new subsection at the end thereof:
`(i) WARRANTY PERIOD-
`(1) IN GENERAL- For purposes of subsection (a)(1) and subsection (b),
the warranty period, effective with respect to new motor vehicles and
engines manufactured in the model year 1995 and thereafter, shall be the
first 2 years or 24,000 miles of use (whichever first occurs), except as
provided in paragraph (2).
`(2) SPECIFIED MAJOR EMISSION CONTROL COMPONENTS- In the case of a specified
major emission control component, the warranty period for purposes of
subsection (a)(1) and subsection (b) shall be 8 years or 80,000 miles of use
(whichever first occurs). As used in this paragraph, the term `specified
major emission control component' means only a catalytic converter or
electronic emissions control unit, except that the Administrator may
designate any other pollution control device or component as a specified
major emission control component if--
`(A) the device or component (except in the case of onboard emission
control diagnostic equipment required by section 216) was not in general
use on vehicles and engines manufactured prior to the model year 1990; and
`(B) the Administrator determines that the retail cost (exclusive of
installation costs) of such device or component exceeds $200 (in 1989
dollars, adjusted for inflation or deflation as calculated by the
Administrator at the time of such determination.
Nothing in this Act shall be construed to provide that any part (other
than a part referred to in the preceding sentence) shall be required to be
warranted under this Act for the period of 8 years or 80,000 miles referred
to in this paragraph.
`(3) INSTRUCTIONS- Subparagraph (A) of subsection (b)(2) shall apply only
where the Administrator has made a determination that the instructions
concerned conform to the requirements of subsection (c)(3).'.
(4) Amend subsection (a)(1) by adding the following at the end thereof:
`In the case of vehicles and engines manufactured in the model year 1995
and thereafter such warranty shall require that the vehicle or engine is
free from any such defects for the warranty period provided under subsection
(i).'.

be75bb43d076b0836dedb3f66c26b874321cfd7c87de034795578a6d3e0c02b0

Section 202(a)(3) (42 U.S.C. 7521(a)(3)) is amended as follows:
(1) Strike subparagraphs (A), (B), (C), (D), and (E) and insert the
following:
`(A)(i) Unless the standard is changed as provided in subparagraph (B),
regulations under paragraph (1) of this subsection applicable to emissions
of hydrocarbons, carbon monoxide, oxides of nitrogen, and particulate matter
from classes and categories of heavy-duty vehicles or engines manufactured
during or after model year 1983 shall contain standards which reflect the
greatest degree of emission reduction achievable through the application
of technology which the Administrator determines will be available for the
model year to which such standards apply, giving appropriate consideration
to cost, energy, and safety factors associated with the application of
such technology.
`(ii) In establishing classes or categories of vehicles or engines for
purposes of regulations under this paragraph, the Administrator may base
such classes or categories on gross vehicle weight, horsepower, type of
fuel used, or other appropriate factors.
`(B) On the basis of information available to the Administrator concerning
the effects of air pollutants emitted from heavy-duty vehicles or engines
and from other sources of mobile source related pollutants on the public
health and welfare, and taking costs into account, the Administrator may
promulgate regulations under paragraph (1) of this subsection revising any
standard promulgated under or before the date of the enactment of the Clean
Air Act amendments of 1990 (or previously revised under this subparagraph).'.
(2) Redesignate subparagraph (F) as subparagraph (C).
(3) Add a new subparagraph (D) to read as follows:
`(D) The Administrator shall study the practice of rebuilding heavy-duty
engines and the impact rebuilding has on engine emissions. On the basis
of that study and other information available to him, the Administrator
may prescribe requirements to control rebuilding practices, including
standards applicable to emissions from any rebuilt heavy-duty engines
(whether or not the engine is past it's statutory useful life), which in
the Administrator's judgment cause, or contribute to, air pollution which
may reasonably be anticipated to endanger public health or welfare taking
costs into account. Any regulation shall take effect after a period the
Administrator finds necessary to permit the development and application
of the requisite control measures, giving appropriate consideration to
the cost of compliance within the period and energy and safety factors.'.

d32f00f0b8345d4526384ed97155287ce7d7678270f64b2632a9b0aca3c9330c

(a) DEFINITIONS- Section 216 (42 U.S.C. 7550) is amended by adding the
following at the end thereof:
`(13) NONROAD ENGINE- The term `nonroad engine' means an internal combustion
engine (including the fuel system) that is not used in a motor vehicle or
a vehicle used solely for competition, or that is not subject to standards
promulgated under section 111 or section 202.
`(14) NONROAD VEHICLE- The term `nonroad vehicle' means a vehicle that is
powered by a nonroad engine and that is not a motor vehicle or a vehicle
used solely for competition.'.
(b) DEFINITION OF MANUFACTURER- Paragraph (1) of section 216 (42 U.S.C. 7550)
is amended by striking out `new motor vehicles or new motor vehicle engines'
every place it occurs and inserting `new motor vehicles, new motor vehicle
engines, new nonroad vehicles or new nonroad engines'.
(c) EMISSION STANDARDS- Section 213 (42 U.S.C. 7547) is amended to read
as follows:
`SEC. 213. NONROAD ENGINES AND VEHICLES.
`(a) EMISSIONS STANDARDS- (1) The Administrator shall conduct a study of
emissions from nonroad engines and nonroad vehicles to determine if such
emissions cause, or significantly contribute to, air pollution which may
reasonably be anticipated to endanger public health or welfare. Such study
shall be completed within 18 months of the date of the enactment of the
Clean Air Act Amendments of 1990.
`(2) After notice and opportunity for public hearing, the Administrator shall
determine within 12 months after completion of the study under paragraph (1),
based upon the results of such study, whether emissions of carbon monoxide,
oxides of nitrogen, and volatile organic compounds from new nonroad engines
or nonroad vehicles are significant contributors to ozone or carbon monoxide
concentrations in more than 1 area which has failed to attain the national
ambient air quality standards for ozone or carbon monoxide.
`(3) If the Administrator makes an affirmative determination under paragraph
(2), within 18 months thereafter the Administrator shall promulgate (and
from time to time revise) such regulations as the Administrator deems
appropriate containing standards applicable to emissions from those classes
or categories of new nonroad engines and new nonroad vehicles which in
the Administrator's judgment cause, or contribute to, such air pollution,
taking into account costs, noise, safety and energy factors associated with
the application of technology which the Administrator determines will be
available for the engines and vehicles to which such standards apply. The
regulations shall apply to the useful life of the engines or vehicles
(as determined by the Administrator).
`(4) If the Administrator determines that any emissions from new nonroad
engines or vehicles not covered by paragraph (2) significantly contribute to
air pollution which may reasonably be anticipated to endanger public health
or welfare, the Administrator may promulgate (and from time to time revise)
such regulations as the Administrator deems appropriate containing standards
applicable to emissions from those classes or categories of new nonroad
engines and new nonroad vehicles which in the Administrator's judgment cause,
or contribute to, such air pollution, taking into account costs, noise,
safety, and energy factors associated with the application of technology
which the Administrator determines will be available for the engines and
vehicles to which such standards apply. The regulations shall apply to the
useful life of the engines or vehicles (as determined by the Administrator).
`(b) EFFECTIVE DATE- Standards under this section shall take effect at the
earliest possible date considering the lead time necessary to permit the
development and application of the requisite technology, giving appropriate
consideration to the cost of compliance within such period and energy
and safety.
`(c) SAFE CONTROLS- Effective with respect to engines or vehicles to which
standards under this section apply, no emission control device, system,
or element of design shall be used in a new nonroad engine or new nonroad
vehicle for purposes of complying with such standards if such device,
system, or element of design will cause or contribute to an unreasonable
risk to public health, welfare, or safety in its operation or function. In
determining whether an unreasonable risk exists, the Administrator shall
consider factors including those described in section 202(a)(4)(B).
`(d) ENFORCEMENT- The standards under this section shall be subject
to sections 206, 207, 208, and 209, with such modifications of the
applicable regulations implementing such sections as the Administrator
deems appropriate, and shall be enforced in the same manner as standards
prescribed under section 202. The Administrator shall revise or promulgate
regulations as may be necessary to determine compliance with, and enforce,
standards in effect under this section.'.
(d) STATE STANDARDS- Section 209 (42 U.S.C. 7543) is amended by adding
the following at the end thereof:
`(e) STATE STANDARDS- No State or any political subdivision thereof shall
adopt or attempt to enforce any standard or other requirement relating
to the control of emissions from new nonroad engines or nonroad vehicles
subject to regulation under this Act. Subsection (b) shall not apply for
purposes of this subsection.'.

9f0b9bd4ea017d488d08d4514b778a7260a569750f6371d97b09b5d6a273f306

(a) ADDITIONAL TESTING PROCEDURES- Section 206(a) (42 U.S.C. 7525(a))
is amended by adding the following after paragraph (3):
`(4)(A) Not later than 12 months after the date of the enactment of
the Clean Air Act Amendments of 1990, the Administrator shall revise
the regulations promulgated under this subsection to add test procedures
capable of determining whether 1993 and later model year light-duty vehicles
and light-duty trucks, when properly maintained and used, will pass the
inspection methods and procedures established under section 207(b) for that
model year, under conditions reasonably likely to be encountered in the
conduct of inspection and maintenance programs, but which those programs
cannot reasonably influence or control. The conditions shall include
fuel characteristics, ambient temperature, and short (30 minutes or less)
waiting periods before tests are conducted. The Administrator shall not
grant a certificate of conformity under this subsection for any 1993 or
later model year vehicle or engine that the Administrator concludes cannot
pass the test procedures established under this paragraph.
`(B) From time to time, the Administrator may revise the regulations
promulgated under subparagraph (A), as the Administrator deems appropriate.'.
(b) PROJECTED SALES NOT EXCEEDING 300- Section 206(a)(1) (42
U.S.C. 7525(a)(1)) is amended by striking the third sentence and inserting
the following: `In the case of any original equipment manufacturer (as
defined by the Administrator in regulations promulgated before the date
of the enactment of the Clean Air Act Amendments of 1990) of vehicles
or vehicle engines whose projected sales in the United States for any
model year (as determined by the Administrator) will not exceed 300, the
Administrator shall not require, for purposes of determining compliance with
regulations under section 202 for the useful life of the vehicle or engine,
operation of any vehicle or engine manufactured during such model year for
more than 5,000 miles or 160 hours, respectively, unless the Administrator
by regulation prescribes otherwise. The Administrator shall apply any
adjustment factors that the Administrator deems appropriate to assure that
each vehicle or engine will comply during its useful life (as determined
under section 202(d)) with the regulations prescribed under section 202.'.

c72a6480fee29ac4a32d5418978e57551de27c64b892aad3f09b3fc654283d2a

Section 207(c) (42 U.S.C. 7541(c)) is amended by adding the following at
the end thereof:
`(4) INTERMEDIATE IN-USE STANDARDS-
`(A) MODEL YEARS 1994 AND 1995- For passenger cars and light-duty trucks of
less than 6,000 lbs. gross vehicle weight rating (GVWR) which are subject
to standards under table 1 of section 202(g) in model years 1994 and 1995
(40 percent of the manufacturer's sales volume in model year 1994 and 80
percent in model year 1995), the standards applicable to NHMC and CO for
purposes of this subsection shall be those set forth in table A in lieu
of the standards for such air pollutants otherwise applicable under this
title, except that any more stringent standards in effect for such purpose
before the date of the enactment of the Clean Air Act Amendments of 1990
shall remain in effect until a more stringent standard takes effect as
provided in paragraph (5).
`TABLE A
Intermediate In-Use Standards
--------------------------------------------
Vehicle type            NMHC  CO
--------------------------------------------
Passenger cars          0.32 5.2
LDT's (0-3,750 LVW)     0.32 5.2
LDT's (3,751-5,750 LVW) 0.41 6.7
--------------------------------------------
`(B) MODEL YEARS 1996 AND 1997- In the model years 1996 and 1997, passenger
cars and light-duty trucks of less than 6,000 lbs. gross vehicle weight
rating (GVWR) which are not subject to final in-use standards under paragraph
(5) (60 percent of the manufacturer's sales volume in model year 1996 and
20 percent in model year 1997) shall be subject to the standards for NHMC
and CO for purposes of this subsection set forth in table A in lieu of
those set forth in paragraph (5), except that any more stringent standards
in effect for such purpose before the date of the enactment of the Clean
Air Act Amendments of 1990 shall remain in effect until a more stringent
standard takes effect as provided in paragraph (5).
`(C) USEFUL LIFE- In the case of the in-use standards applicable under this
paragraph for purposes of applying this subsection the applicable useful
life shall be 5 years or 50,000 miles or the equivalent (whichever is less).
`(5) FINAL IN-USE STANDARDS- After the model year 1995, for purposes
of applying this subsection, in the case of the percentage specified in
Implementation Schedule B of each manufacturer's sales volume of passenger
cars and light-duty trucks of less than 6,000 lbs. gross vehicle weight
rating (GVWR), the standards applicable to NHMC and CO shall be those set
forth in table B in lieu of the standards for such air pollutants otherwise
applicable under this title:
`TABLE B
Final In-Use Standards
----------------------------------------------------------------
Vehicle type            Column A*     Column B**
NMHC  CO       NMHC  CO
----------------------------------------------------------------
Passenger cars               0.25 3.4       0.31 4.2
LDT's (0-3,750 LVW)          0.25 3.4       0.31 4.2
LDT's (3,751-5,750 LVW)      0.32 4.4       0.40 5.5
----------------------------------------------------------------
Standards are expressed in grams per mile (gpm). LVW refers to loaded vehicle
weight as defined by EPA in regulations in effect as of the date of the
enactment of the Clean Air Act Amendments of 1990.
*In the case of the standards under column A, for purposes of applying
this subsection the applicable useful life shall be 5 years or 50,000 miles
(or the equivalent), whichever first occurs.
**In the case of the standards under column B, for purposes of applying
this subsection the applicable useful life shall be 7 years or 75,000 miles
(or the equivalent), whichever first occurs.
`Implementation Schedule B--Implementation of Final In-Use Standards
------------------------------
Model year Percent
------------------------------
1996      40
1997      80
1998  100.'.
------------------------------

fd660b4455767e502cc9f3a8983b5dd169c2b8a9f3da35d285a99efa76de52a3

Part A of title II is amended by adding the following new section at the
end thereof:
`SEC. 217. MOTOR VEHICLE COMPLIANCE PROGRAM FEES.
`(a) FEE COLLECTION- Consistent with section 9701 of title 31, United
States Code, the Administrator may promulgate (and from time to time
revise) regulations establishing fees to recover all reasonable costs to
the Administrator associated with--
`(1) new vehicle or engine certification under section 206(a),
`(2) new vehicle or engine compliance monitoring and testing under section
206(b), and
`(3) in-use vehicle or engine compliance monitoring and testing under
section 207(c).
The Administrator may establish for all foreign and domestic manufacturers
a fee schedule based on such factors as the Administrator finds appropriate
and equitable and nondiscriminatory, including the number of vehicles or
engines produced under a certificate of conformity.
`(b) SPECIAL TREASURY FUND- Any fees collected under this section shall
be deposited in a special fund in the United States Treasury for licensing
and other services which thereafter shall be available for appropriation,
to remain available until expended, to carry out the Agency's activities
for which the fees were collected.
`(c) LIMITATION ON FUND USE- Moneys in the special fund referred to
in subsection (b) shall not be used until after the first fiscal year
commencing after the first July 1 when fees are paid into the fund.
`(d) ADMINISTRATOR'S TESTING AUTHORITY- Nothing in this subsection shall
be construed to limit the Administrator's authority to require manufacturer
or confirmatory testing as provided in this part.'.

eb5133e9ced70bd1e7de79366d3ace88be2a18c5319f0dc143627dbfab456fdc

Section 208 (42 U.S.C. 7542) is amended to read as follows:
`SEC. 208. INFORMATION COLLECTION.
`(a) MANUFACTURER'S RESPONSIBILITY- Every manufacturer of new motor
vehicles or new motor vehicle engines, and every manufacturer of new motor
vehicle or engine parts or components, and other persons subject to the
requirements of this part, shall establish and maintain records, perform
tests where such testing is not otherwise reasonably available under this
part (including fees for testing), make reports and provide information the
Administrator may reasonably require to determine whether the manufacturer
or other person has acted or is acting in compliance with this part and
regulations thereunder, or to otherwise carry out the provision of this
part, and shall, upon request of an officer or employee duly designated
by the Administrator, permit such officer or employee at reasonable times
to have access to and copy such records.
`(b) ENFORCEMENT AUTHORITY- For the purposes of enforcement of this
section and section 207(c), officers or employees duly designated by the
Administrator upon presenting appropriate credentials are authorized--
`(1) to enter, at reasonable times, any establishment of the manufacturer,
or of any person whom the manufacturer engages to perform any activity
required by subsection (a), for the purposes of inspecting or observing
any activity conducted pursuant to subsection (a), and
`(2) to inspect records, files, papers, processes, controls, and
facilities used in performing any activity required by subsection (a),
by such manufacturer or by any person whom the manufacturer engages to
perform any such activity.
`(c) AVAILABILITY TO THE PUBLIC; TRADE SECRETS- Any records, reports,
or information obtained under this part shall be available to the public,
except that upon a showing satisfactory to the Administrator by any person
that records, reports, or information, or a particular portion thereof
(other than emission data), to which the Administrator has access under
this section, if made public, would divulge methods or processes entitled to
protection as trade secrets of that person, the Administrator shall consider
the record, report, or information or particular portion thereof confidential
in accordance with the purposes of section 1905 of title 18 of the United
States Code. Any authorized representative of the Administrator shall be
considered an employee of the United States for purposes of section 1905 of
title 18 of the United States Code. Nothing in this section shall prohibit
the Administrator or authorized representative of the Administrator from
disclosing records, reports or information to other officers, employees or
authorized representatives of the United States concerned with carrying
out this Act or when relevant in any proceeding under this Act. Nothing
in this section shall authorize the withholding of information by the
Administrator or any officer or employee under the Administrator's control
from the duly authorized committees of the Congress.'.

a4d217bafcae967ba757d031ecea94b6024f5ef408ba5080e74148d98e91f9f3

Section 211 (42 U.S.C. 7545) is amended by adding the following new
subsection after subsection (g):
`(h) REID VAPOR PRESSURE REQUIREMENTS- (1) Not later than 6 months after
the date of the enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate regulations making it unlawful for any
person during the high ozone season (as defined by the Administrator)
to sell, offer for sale, dispense, supply, offer for supply, transport,
or introduce into commerce gasoline with a Reid Vapor Pressure in excess
of 9.0 pounds per square inch (psi). Such regulations shall also establish
more stringent Reid Vapor Pressure standards in a nonattainment area as the
Administrator finds necessary to generally achieve comparable evaporative
emissions (on a per-vehicle basis) in nonattainment areas, taking into
consideration the enforceability of such standards, the need of an area
for emission control, and economic factors. Such regulations shall not
make it unlawful for any person to sell, offer for supply, transport, or
introduce into commerce gasoline with a Reid Vapor Pressure of 9.0 pounds
per square inch (p.s.i.) or lower in any area designated under section
107 as an attainment area.
`(2) Such regulations shall provide that the requirements of this subsection
shall take effect not later than the high ozone season for 1992, and shall
include such provisions as the Administrator determines are necessary to
implement and enforce the requirements of this subsection.
`(3) In establishing standards for fuel volatility under this subsection,
the Administrator shall permit a 1.0 pound per square inch (psi) tolerance
level for gasoline containing at least 10 percent ethanol. A manufacturer
or processor of gasoline containing at least 10 percent ethanol shall be
deemed to be in full compliance with such standards if the Administrator
provides a certification (based on testing) or other evidence acceptable
to the Administrator that--
`(A) the gasoline portion of the blend complies with the gasoline volatility
standards under this subsection,
`(B) the ethanol portion of the blend does not exceed its waiver conditions
under subsection (f)(4), and
`(C) no additional alcohol or other additive has been added to increase
the Reid Vapor Pressure of the ethanol portion of the blend.
`(4) The provisions of this subsection shall apply only to the 48 contiguous
States and the District of Columbia.'.

99938cb822ad3b6854c4010064d17103b65f6e2c806facc8306d9f646b93e2b8

Section 211 (42 U.S.C. 7545) is amended by adding the following new
subsection after subsection (h):
`(i) SULFUR CONTENT REQUIREMENTS FOR DIESEL FUEL- (1) Effective October 1,
1993, no person shall manufacture, sell, supply, offer for sale or supply,
dispense, transport, or introduce into commerce motor vehicle diesel fuel
which contains a concentration of sulfur in excess of 0.05 per centum
(by weight) or which fails to meet a cetane index minimum of 40.
`(2) Not later than 12 months after the date of the enactment of the Clean
Air Act Amendments of 1990, the Administrator shall promulgate regulations to
implement and enforce the requirements of paragraph (1). The Administrator
may require manufacturers and importers of diesel fuel not intended for
use in motor vehicles to dye such fuel in a particular manner in order to
segregate it from motor vehicle diesel fuel.
`(3) The sulfur content of fuel required to be used in the certification
of 1991 through 1993 model year heavy-duty diesel vehicles and engines
shall be 0.10 percent (by weight). The sulfur content and cetane index
minimum of fuel required to be used in the certification of 1994 and later
model year heavy-duty diesel vehicles and engines shall comply with the
regulations promulgated under paragraph (2).
`(4) The States of Alaska and Hawaii may be exempted from the requirements
of this subsection in the same manner as provided in section 324. The
Administrator shall take final action on any petition filed under section
324 for an exemption from the requirements of this subsection, within 12
months from the date of the petition.'.

4c2a380a67d3f1e72bfa77d3adc1c13c86cd24701e24578eeefed1f72d0b735f

(a) ADDITIVES- Section 211 (42 U.S.C. 7545) is amended by adding the
following at the end thereof:
`(j) LEAD SUBSTITUTE GASOLINE ADDITIVES- (1) After the date of the enactment
of the Clean Air Act Amendments of 1990, any person proposing to register any
gasoline additive under subsection (a) or to use any previously registered
additive as a lead substitute may also elect to register the additive as a
lead substitute gasoline additive for reducing valve seat wear by providing
the Administrator with such relevant information regarding product identity
and composition as the Administrator deems necessary for carrying out the
responsibilities of paragraph (2) of this subsection (in addition to other
information which may be required under subsection (b)).
`(2) In addition to the other testing which may be required under subsection
(b), in the case of the lead substitute gasoline additives referred to in
paragraph (1), the Administrator shall develop and publish a test procedure
to determine the additives' effectiveness in reducing valve seat wear and
the additives' tendencies to produce engine deposits and other adverse
side effects. The test procedures shall be developed in cooperation with
the Secretary of Agriculture and with the input of additive manufacturers,
engine and engine components manufacturers, and other interested persons. The
Administrator shall enter into arrangements with an independent laboratory
to conduct tests of each additive using the test procedures developed and
published pursuant to this paragraph. The Administrator shall publish the
results of the tests by company and additive name in the Federal Register
along with, for comparison purposes, the results of applying the same test
procedures to gasoline containing 0.1 gram of lead per gallon in lieu of
the lead substitute gasoline additive. The Administrator shall not rank or
otherwise rate the lead substitutive additives. Test procedures shall be
established within 1 year after the date of the enactment of the Clean Air
Act Amendments of 1990. Additives shall be tested within 18 months of the
date of the enactment of the Clean Air Act Amendments of 1990 or 6 months
after the lead substitute additives are identified to the Administrator.
`(3) The Administrator may impose a user fee to recover the costs of testing
of any fuel additive referred to in this subsection. The fee shall be paid
by the person proposing to register the fuel additive concerned. Such fee
shall not exceed $20,000 for a single fuel additive.
`(4) There are authorized to be appropriated to the Administrator not
more than $1,000,000 for the first full fiscal year after the date of
the enactment of the Clean Air Act Amendments of 1990 to establish test
procedures and conduct engine tests as provided in this subsection. Not more
than $500,000 per year is authorized to be appropriated for 5 subsequent
fiscal years.
`(5) Any fees collected under this subsection shall be deposited in a
special fund in the United States Treasury for licensing and other services
which thereafter shall be available for appropriation, to remain available
until expended, to carry out the Agency's activities for which the fees
were collected.'.

149d7e5c221f42fd6b489d66f1e285895f6ab3496b703f096c5a36cebf589a54

(a) FUELS AND FUEL ADDITIVES- Section 211(a) (42 U.S.C. 7545(a)) is amended
by inserting `(including any fuel or fuel additive used exclusively in
nonroad engines or nonroad vehicles)' immediately after `fuel or fuel
additive'.
(b) ANALYTICAL TECHNIQUES- Section 211(b)(2)(B) (42 U.S.C. 7545(2)(B))
is amended by striking `or' after `vehicle' and inserting in lieu thereof
a comma, and by inserting immediately after `vehicle engine,' the phrase:
`nonroad engine or nonroad vehicle,'.
(c) REGULATION- Section 211(c)(1) (42 U.S.C. 7545(c)(1)) is amended by
striking `or' after `motor vehicle' and inserting in lieu thereof a comma,
and by inserting immediately after `motor vehicle engine' a comma followed
by `or nonroad engine or nonroad vehicle'.

542b658eaef0048e1ef1d06a9db5bedd6dec1c1173c2ace06794d4e67bbdafe8

(a) COVERAGE- Section 211(f)(1) (42 U.S.C. 7545(f)(1) is amended by inserting
`(A)' immediately after `(1)' and by adding the following new subparagraph
at the end thereof:
`(B) Effective upon the date of the enactment of the Clean Air Act Amendments
of 1990, it shall be unlawful for any manufacturer of any fuel or fuel
additive to first introduce into commerce, or to increase the concentration
in use of, any fuel or fuel additive for use by any person in motor vehicles
manufactured after model year 1974 which is not substantially similar to
any fuel or fuel additive utilized in the certification of any model year
1975, or subsequent model year, vehicle or engine under section 206.'.
(b) CONFORMING AMENDMENT- Section 211(f)(3) (42 U.S.C. 7545(f)(3)) is
amended by inserting `(A)' immediately after `(1)'.

a7cbe636c1061e6ef7c09be7b392509ef0fd93aedd5a79fcc559e831890a9324

(a) IN GENERAL- Section 211(c)(4)(A) (42 U.S.C. 7545(c)(4)(A)) is amended
as follows:
(1) Strike out `use of a' and insert `any characteristic or component'.
(2) In clause (i) after `control or prohibition' insert `of the
characteristic or component of a fuel or fuel additive'.
(3) In clause (ii) after `such' insert `characteristic or component of a'.
(b) FINDING OF NECESSITY- Section 211(c)(4)(C) (42 U.S.C. 7545(c)(4)(C))
is amended by adding the following at the end: `The Administrator may find
that a State control or prohibition is necessary to achieve that standard
if no other measures that would bring about timely attainment exist, or
if other measures exist and are technically possible to implement, but
are unreasonable or impracticable. The Administrator may make a finding
of necessity under this subparagraph even if the plan for the area does
not contain an approved demonstration of timely attainment.'.

946b7d37964f590c7e9a8ec70e6a6cb5fb1c00373d1adabb1d24f47d174c20fe

(a) INSPECTIONS AND TESTING- Section 203(a)(2) (42 U.S.C. 7522(a)(2))
is amended to read as follows:
`(2)(A) for any person to fail or refuse to permit access to or copying of
records or to fail to make reports or provide information required under
section 208;
`(B) for any person to fail or refuse to permit entry, testing or inspection
authorized under section 206(c) or section 208;
`(C) for any person to fail or refuse to perform tests, or have tests
performed as required under section 207(c) or section 208;'.
(b) TAMPERING WITH VEHICLE EMISSION CONTROLS- (1) Section 203(a)(3)
(42 U.S.C. 7522(a)(3)) is amended to read as follows:
`(3)(A) for any person to remove or render inoperative any device or
element of design installed on or in a motor vehicle or motor vehicle
engine in compliance with regulations under this title prior to its sale
and delivery to the ultimate purchaser, or for any person knowingly to
remove or render inoperative any such device or element of design after
such sale and delivery to the ultimate purchaser; or
`(B) for any person to manufacture or sell, or offer to sell, or install,
any part or component intended for use with, or as part of, any motor
vehicle or motor vehicle engine, where a principal effect of the part or
component is to bypass, defeat, or render inoperative any device or element
of design installed on or in a motor vehicle or motor vehicle engine in
compliance with regulations under this title, and where the person knows
or should know that such part or component is being offered for sale or
installed for such use or put to such use; or'.
(2) At the end of section 203(a) (42 U.S.C. 7522(a)) insert the following:
`No action with respect to any device or element of design referred to in
paragraph (3) shall be treated as a prohibited act under that paragraph if
(i) the action is for the purpose of repair or replacement of the device
or element, or is a necessary and temporary procedure to repair or replace
any other item and the device or element is replaced upon completion of the
procedure, and (ii) such action thereafter results in the proper functioning
of the device or element referred to in paragraph (3). No action with
respect to any device or element of design referred to in paragraph (3)
shall be treated as a prohibited act under that paragraph if the action
is for the purpose of a conversion of a motor vehicle for use of a clean
alternative fuel (as defined in this title) and if such vehicle complies
with the applicable standard under section 202 when operating on such fuel,
and if in the case of a clean alternative fuel vehicle (as defined by rule
by the Administrator), the device or element is replaced upon completion of
the conversion procedure and such action results in proper functioning of
the device or element when the motor vehicle operates on conventional fuel.'.
(c) DEFINITION- Section 216 (42 U.S.C. 7550) is amended by adding the
following at the end:
`(15) MOTOR VEHICLE OR ENGINE PART MANUFACTURER-  The term `motor vehicle or
engine part manufacturer' as used in sections 207 and 208 means any person
engaged in the manufacturing, assembling or rebuilding of any device,
system, part, component or element of design which is installed in or on
motor vehicles or motor vehicle engines.'.
(d) CIVIL AND ADMINISTRATIVE PENALTIES- Section 205 (42 U.S.C. 7524)
is amended to read as follows:
`SEC. 205. CIVIL PENALTIES.
`(a) VIOLATIONS- Any person who violates sections 203(a)(1) or 203(a)(4),
any manufacturer or dealer who violates section 203(a)(3)(A), or any person
who violates regulations prescribed under sections 212 (a), (b), (d), or
(h) shall be subject to a civil penalty of not more than $25,000. Any person
other than a manufacturer or dealer who violates section 203(a)(3)(A) or any
person who violates section 203(a)(3)(B) shall be subject to a civil penalty
of not more than $2,500. Any such violation with respect to paragraph (1),
(3)(A), or (4) of section 203(a) shall constitute a separate offense with
respect to each motor vehicle or motor vehicle engine. Any such violation
with respect to section 203(a)(3)(B) shall constitute a separate offense
with respect to each part or component. Any person who violates section
203(a)(2), or regulations prescribed under section 212(c), shall be subject
to a civil penalty of not more than $25,000 per day of violation.
`(b) CIVIL ACTIONS- The Administrator may commence a civil action to assess
and recover any civil penalty under subsection (a) of this section, section
211(d), or section 213(d). Any action under this subsection may be brought
in the district court of the United States for the district in which the
violation is alleged to have occurred or in which the defendant resides or
has the Administrator's principal place of business, and the court shall
have jurisdiction to assess a civil penalty. In determining the amount of
any civil penalty to be assessed under this subsection, the court shall
take into account the gravity of the violation, the economic benefit or
savings (if any) resulting from the violation, the size of the violator's
business, the violator's history of compliance with this title, action
taken to remedy the violation, the effect of the penalty on the violator's
ability to continue in business, and such other matters as justice may
require. In any such action, subpoenas for witnesses who are required to
attend a district court in any district may run into any other district.
`(c) ADMINISTRATIVE ASSESSMENT OF CERTAIN PENALTIES-
`(1) ADMINISTRATIVE PENALTY AUTHORITY- In lieu of commencing a civil
action under subsection (b), the Administrator may assess any civil penalty
prescribed in subsection (a) of this section, section 211(d), or section
213(d), except that the maximum amount of penalty sought against each
violator in a penalty assessment proceeding shall not exceed $200,000,
unless the Administrator and the Attorney General jointly determine that a
matter involving a larger penalty amount is appropriate for administrative
penalty assessment. Any such determination by the Administrator and the
Attorney General shall not be subject to judicial review. Assessment of
a civil penalty under this subsection shall be by an order made on the
record after opportunity for a hearing in accordance with sections 554 and
556 of title 5 of the United States Code. The Administrator shall issue
reasonable rules for discovery and other procedures for hearings under
this paragraph. Before issuing such an order, the Administrator shall give
written notice to the person to be assessed an administrative penalty of
the Administrator's proposal to issue such order and provide such person
an opportunity to request such a hearing on the order, within 30 days of
the date the notice is received by such person. The Administrator may
compromise, or remit, with or without conditions, any administrative
penalty which may be imposed under this section.
`(2) DETERMINING AMOUNT- In determining the amount of any civil penalty
assessed under this subsection, the Administrator shall take into account
the gravity of the violation, the economic benefit or savings (if any)
resulting from the violation, the size of the violator's business, the
violator's history of compliance with this title, action taken to remedy
the violation, the effect of the penalty on the violator's ability to
continue in business, and such other matters as justice may require.
`(3) EFFECT OF ADMINISTRATOR'S ACTION- (A) Action by the Administrator under
this subsection shall not affect or limit the Administrator's authority
to enforce any provision of this Act; except that any violation,
`(i) with respect to which the Administrator has commenced and is diligently
prosecuting an action under this subsection, or
`(ii) for which the Administrator has issued a final order not subject
to further judicial review and the violator has paid a penalty assessment
under this subsection,
shall not be the subject of civil penalty action under subsection (b).
`(B) No action by the Administrator under this subsection shall affect
any person's obligation to comply with any section of this Act.
`(4) FINALITY OF ORDER- An order issued under this subsection shall become
final 30 days after its issuance unless a petition for judicial review is
filed under paragraph (5).
`(5) JUDICIAL REVIEW- Any person against whom a civil penalty is assessed
in accordance with this subsection may seek review of the assessment in
the United States District Court for the District of Columbia, or for
the district in which the violation is alleged to have occurred, in which
such person resides, or where such person's principal place of business
is located, within the 30-day period beginning on the date a civil penalty
order is issued by simultaneously sending a copy of the filing by certified
mail to the Administrator and the Attorney General. The Administrator shall
file in the court a certified copy, or certified index, as appropriate,
of the record on which the order was issued within 30 days. The court
shall not set aside or remand any order issued in accordance with the
requirements of this subsection unless there is not substantial evidence
in the record, taken as a whole, to support the finding of a violation or
unless the Administrator's assessment of the penalty constitutes an abuse
of discretion, and the court shall not impose additional civil penalties
unless the Administrator's assessment of the penalty constitutes an abuse
of discretion. In any proceedings, the United States may seek to recover
civil penalties assessed under this section.
`(6) COLLECTION- If any person fails to pay an assessment of a civil
penalty imposed by the Administrator as provided in this subsection--
`(A) after the order making the assessment has become final, or
`(B) after a court in an action brought under paragraph (5) has entered
a final judgment in favor of the Administrator,
the Administrator shall request the Attorney General to bring a civil
action in an appropriate district court to recover the amount assessed
(plus interest at rates established pursuant to section 6621(a)(2) of the
Internal Revenue Code of 1986 from the date of the final order or the date
of the final judgment, as the case may be). In such an action, the validity,
amount, and appropriateness of the penalty shall not be subject to review. Any
person who fails to pay on a timely basis the amount of an assessment of a
civil penalty as described in the first sentence of this paragraph shall be
required to pay, in addition to that amount and interest, the United States'
enforcement expenses, including attorneys fees and costs for collection
proceedings, and a quarterly nonpayment penalty for each quarter during which
such failure to pay persists. The nonpayment penalty shall be in an amount
equal to 10 percent of the aggregate amount of that person's penalties and
nonpayment penalties which are unpaid as of the beginning of such quarter.'.
(e) ENFORCEMENT OF FUELS REGULATIONS- Section 211(d) (42 U.S.C. 7545(d))
is amended to read as follows:
`(d) PENALTIES AND INJUNCTIONS-
`(1) CIVIL PENALTIES- Any person who violates subsection (a), (f), (g), or
(k) of this section or the regulations prescribed under subsection (c),
(h), (i), or (k) of this section or the regulations prescribed under
subsection 212(c) or who fails to furnish any information or conduct
any tests required by the Administrator under subsection (b) of this
section shall be liable to the United States for a civil penalty of not
more than the sum of $25,000 for every day of such violation and the
amount of economic benefit or savings resulting from the violation. Any
violation with respect to a regulation prescribed under subsection (c)
of this section or section 212(c) which establishes a regulatory standard
based upon a multiday averaging period shall constitute a separate day of
violation for each and every day in the averaging period. Civil penalties
shall be assessed in accordance with subsections (b) and (c) of section 205.
`(2) INJUNCTIVE AUTHORITY- The district courts of the United States shall
have jurisdiction to restrain violations of subsections (a), (f), (g), and
(k) of this section and of the regulations prescribed under subsection
(c), (h), (i), or (k) of this section or section 212(c), to award other
appropriate relief, and to compel the furnishing of information and the
conduct of tests required by the Administrator under subsection (b) of this
section. Actions to restrain such violations and compel such actions shall
be brought by and in the name of the United States. In any such action,
subpoenas for witnesses who are required to attend a district court in
any district may run into any other district.'.
(f) MISFUELING- Section 211(g) (42 U.S.C. 7545(g)) is amended to read
as follows:
`(g) MISFUELING- No person shall introduce, or cause or allow the
introduction of, leaded gasoline into any motor vehicle which is labeled
`unleaded gasoline only,' which is equipped with a gasoline tank filler
inlet designed for the introduction of unleaded gasoline, which is a 1990
or later model year motor vehicle, or which that person knows or should
know is a vehicle designed solely for the use of unleaded gasoline. Nothing
in this section shall limit the applicability of section 211(d)(3).'.

44fdd4dca1016d5b987739a89691eb1a501add5dbaaaa0f81266c3d4660be6b2

Section 215 (42 U.S.C. 7549) is amended by adding the following at the
end thereof:
`(e) HIGH ALTITUDE TESTING- The Administrator shall promptly establish at
least one testing center (in addition to the testing centers existing on
the date of the enactment of the Clean Air Act Amendments of 1990) located
at a site that represents high altitude conditions, to ascertain in a
reasonable manner whether, when in actual use throughout their useful life
(as determined under section 202(d)), each class or category of vehicle
and engines to which regulations under section 202 apply conforms to the
emissions standards established by such regulations. For purposes of this
subsection, the term `high altitude conditions' refers to high altitude
as defined in regulations of the Administrator in effect as of the date
of the enactment of the Clean Air Act Amendments of 1990.'.

d414a3c309992b099620efa8dbbfa7603a33cd9176cc741abb6db615f9e774cc

The Clean Air Act is amended as follows:
(1) In section 202(b)(3) (42 U.S.C. 7521(b)(3)), strike out `(3) For
purposes of this part--' and redesignate subparagraphs (A), (B) and (C)
of section 202(b)(3) as paragraphs (16), (17), and (18) of section 216,
redesignate clauses (i) and (ii) of new paragraph (16) as subparagraphs
(A) and (B), respectively, in new subparagraph (B) strike `as provided
in clause (i)' and insert `as provided in subparagraph (A)', and after
`by subsection (b)' insert `of section 202'.
(2) Strike out section 202(b)(4) (42 U.S.C. 7521(b)(4)).
(3) Strike out section 202(b)(5) (42 U.S.C. 7521(b)(5)).
(4) In section 202(b)(6) (42 U.S.C. 7521(b)(6))--
(A) strike out `(A)' after `(6)',
(B) strike out subparagraph (B), and
(C) redesignate paragraph (6) as paragraph (3) and redesignate clauses
(i) through (iii) as subparagraphs (A) through (C).
(5) Strike out section 202(b)(7) (42 U.S.C. 7521(b)(7)).
(6) Strike out section 203(c) (42 U.S.C. 7522(c)).
(7) Strike out `announce in the Federal Register and' in section 206(e)
(42 U.S.C. 7525(e)).
(8) In section 206(f) (42 U.S.C. 7525(f))--
(A) strike out `(1)' after `(f)', and
(B) strike out paragraph (2).
(9) In section 207(g) (42 U.S.C. 7526(g)), strike out `(but not designed
for emission control under the terms of the last three sentences of section
207(a)(1)' and insert `(but not designed for emission control under the
terms of the last sentence of section 207(a)(3))'.
(10) In section 231(a) (42 U.S.C. 7571(a)), strike out paragraph (1) and
redesignate paragraphs (2) and (3) as paragraphs (1) and (2), respectively.

7a5d865c5bc0276685ccdcd5e8e29205b3c30bb4b11013628e9d6c132f274cac

0fa7259f3444b0968beae3d6652d38871d3167d31c8a21f2efb477e302df7e2c

TITLE III

-HAZARDOUS AIR POLLUTANTS

(a) The Secretary of Labor shall act under the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653) to prevent accidental releases of
chemicals which could pose a threat to employees. Not later than 12 months
after the date of enactment of this section, the Secretary of Labor, in
coordination with the Administrator, shall promulgate, pursuant to the
Occupational Safety and Health Act, a chemical process safety standard
designed to protect employees from hazards associated with accidental
releases of highway hazardous chemicals in the workplace.
(b) The Secretary shall include as part of such standard a list of highly
hazardous chemicals, which include toxic, flammable, highly reactive
and explosive substances. The list of such chemicals may include those
chemicals listed by the Administrator under section 302 of the Emergency
Planning and Community Right to Know Act of 1986, title III of the Superfund
Amendments and Reauthorization Act (SARA). The Secretary may make additions
to such list when a substance is found to pose a threat of serious injury
or fatality in the event of an accidental release in the workplace.
(c) Such standard shall, at minimum, require employers to--
(1) develop and maintain written safety information identifying workplace
chemical and process hazards, equipment used in the processes, and technology
used in the processes;
(2) perform a workplace hazard assessment, including, as appropriate,
identification of potential sources of accidental releases, an identification
of any previous release within the facility which had a likely potential
for catastrophic consequences in the workplace, estimation of the workplace
effects of a range of releases, estimation of the health and safety effects
of such a range on employees;
(3) consult with employees on the development and conduct of hazard
assessments and the development of chemical accident prevention plans and
provide access to these and other records required under the standard;
(4) establish a system to respond to the workplace hazard assessment
findings, which shall address prevention, mitigation, and emergency
responses;
(5) periodically review the workplace hazard assessment and response system;
(6) develop and implement written operating procedures for the chemical
process including procedures for each operating phase, operating limitations,
and safety and health considerations;
(7) provide written safety and operating information to employees and train
employees in operating procedures, emphasizing hazards and safe practices;
(8) ensure contractors and contract employees are provided appropriate
information and training;
(9) train and educate employees and contractors in emergency response in
a manner as comprehensive and effective as that required by the regulation
promulgated pursuant to section 126(b) of SARA;
(10) establish a quality assurance program to ensure that initial process
related equipment, maintenance materials, and spare parts are fabricated
and installed consistent with design specifications;
(11) establish maintenance systems for critical process related equipment
including written procedures, employee training, appropriate inspections,
and testing of such equipment to ensure ongoing mechanical integrity;
(12) conduct pre-start-up safety reviews of all newly installed or modified
equipment;
(13) establish and implement written procedures to manage change to process
chemicals, technology, equipment and facilities; and
(14) investigate every incident which results in or could have resulted
in a major accident in the workplace, with any findings to be reviewed by
operating personnel and modifications made if appropriate.
(d) Nothing in this section may be construed to diminish the authority of
the States and political subdivisions thereof.
(e) In exercising any authority under this subsection, the Administrator
shall not, for the purposes of section 653(b)(1) of title 29, be deemed
to be exercising statutory authority to prescribe or enforce standards or
regulations affecting occupational safety and health.

094b14395030112581f5dea73d858f478706495c60da8a75fd5d865cce684e23

061207999f79f4dde2d777d0e2434ea76d9f2516cd8ab1b40ba43bc2464076ec

TITLE IV

-PERMITS

98fef3b94537e2f4a38be481653a7d2c768788d017e6ae62e0d41018c7347242

TITLE V

-ACID DEPOSITION CONTROL

(a) REPEAL- Section 111(a)(1) (42 U.S.C. 7411(a)(1)) is amended to read
as follows:
`(1) The term `standard of performance' means a standard for emissions of
air pollutants which reflects the degree of emission limitation achievable
through application of the best system of emission reduction which (taking
into account the cost of achieving such reduction and any nonair quality
health and environmental impact and energy requirements) the Administrator
determines has been adequately demonstrated.'.
(b) REVISED REGULATIONS- Not later than 3 years after the date of the
enactment of the Clean Air Act Amendments of 1990, the Administrator
shall promulgate revised regulations for standards of performance for new
electric utility steam generating units commencing construction after the
date on which such regulations are proposed that, at a minimum, require
any source subject to such revised standards to emit any pollutants for
which a standard has been promulgated pursuant to section 109 at a rate not
greater than would have resulted from compliance by such source with the
applicable standards of performance under this section before such revision.
(c) APPLICABILITY- The provisions of subsections (a) and (b) apply only
so long as section 503(e) of the Clean Air Act (relating to new electric
utility steam generating units) remains in effect.

1f051c3b58f4a4614fe1a0a5bd3f330f3892a764d0adc08be33d4e3001c7c5a3

5605f21b8dcbc7079dbd93f72ecb16d429494f2032ed394954e8210bd9f9b40a

(a) RECORDS, REPORTS, MONITORING, ETC- Section 114(a)(1) is amended to
read as follows:
`(1) the Administrator may require any person who owns or operates any
emission source, who manufactures emission control equipment or process
equipment, who the Administrator believes may have information necessary
for the purposes set forth in this subsection, or who is subject to
any requirement of this Act (other than a manufacturer subject to the
provisions of section 206(c) or 208 with respect to a provision of title
II) on a one-time, periodic or continuous basis to--
`(A) establish and maintain such records;
`(B) make such reports;
`(C) install, use, and maintain such monitoring equipment, and use such
audit procedures, or methods;
`(D) sample such emissions (in accordance with such procedures or methods,
at such locations, at such intervals, during such periods and in such
manner as the Administrator shall prescribe);
`(E) keep records on control equipment parameters, production variables
or other indirect data when direct monitoring of emissions is impractical;
`(F) submit compliance certifications in accordance with section 114(a)(3);
and
`(G) provide such other information, as he may reasonably require; and'.
(b) MONITORING AND COMPLIANCE CERTIFICATIONS- Section 114(a) is amended
by adding the following new paragraph at the end:
`(3) The Administrator shall in the case of any person which is the
owner or operator of a major stationary source, and may, in the case
of any other person, require enhanced monitoring and submission of
compliance certifications. Compliance certifications shall include (A)
identification of the applicable requirement that is the basis of the
certification, (B) the method used for determining the compliance status
of the source, (C) the compliance status, (D) whether compliance is
continuous or intermittent, (E) such other facts as the Administrator may
require. Compliance certifications and monitoring data shall be public
information. Nothing in this paragraph shall be construed as requiring
disclosure of information subject to exemption from disclosure under
subsection (c) of this section as trade secrets or that is subject to
applicable law concerning self-incrimination. Submission of a compliance
certification shall in no way limit the Administrator's authorities
to investigate or otherwise implement this Act. The Administrator shall
promulgate rules to provide guidance and to implement this paragraph within
2 years after the enactment of the Clean Air Act Amendments of 1990.'.
(c) JUDICIAL REVIEW- Section 307(b)(1) is amended by inserting `or revising
regulations for enhanced monitoring and compliance certification programs
under section 114(a)(3) of this Act,' immediately before `or any other
final action of the Administrator'.

74701547fbfc59c1452b67364ce82f466c89264b78d00cadb21335f2d442cd43

Section 307(a) is amended by striking out `(1)' after `(a)' and by striking
`or section 202(b)(5)' and immediately after `section 202(b)(4) or 211(c)(3)'
inserting `, any investigation, monitoring, reporting requirement, entry,
compliance inspection, or administrative enforcement proceeding under
section 113, section 114, section 120, section 205, section 206, section
208, section 303 or section 306'.

7b6b2e6fc5e10100aebbd932b606115a3f95159fac984ce91a4174d63b482dbd

Section 303 is amended by striking `(a)' and by striking out subsection (b).

7af56d1a5512a0bd7133c2a6bf5138527440dcf65df936c49a16bddb05149bda

Section 303 of the Clean Air Act, as amended by section 604 of this Act,
is further amended as follows:
(1) Strike `the health of persons,' and insert `public health or welfare,
or the environment' and after the words `abate such sources' insert `or
have not acted adequately to abate such sources'.
(2) Amend the second sentence to read `If it is not practicable to
assure prompt protection of public health or welfare or the environment by
commencement of such a civil action, the Administrator may issue such orders
as may be necessary to protect public health or welfare or the environment.'.
(3) Strike the last 2 sentences in their entirety.

6073996fc7c8ec403c84229d51bbc7e0b325c34a5e14197bc36b4df83c646b44

Section 306(a) is amended as follows:
(1) Strike `113(c)(1)' and insert `113(c), 205(d), 211(d)(3), and 212(e)'.
(2) Insert at the end thereof: `For convictions arising under section
113(c)(2), the condition giving rise to the conviction also shall be
considered to include any substantive violation of this Act associated with
the violation of 113(c)(2). The Administrator may extend this prohibition
to other facilities owned or operated by the convicted person.'.

6cb095e2c1269f7851719f0fd6a0073cd8411f35905aa27e8512e4fd8ace1e1d

Section 307(b)(1) is amended by adding at the end thereof: `The filing
of a petition for reconsideration by the Administrator of any otherwise
final rule or action shall not affect the finality of such rule or action
for purposes of judicial review nor extend the time within which a petition
for judicial review of such rule or action under this section may be filed,
and shall not postpone the effectiveness of such rule or action.'.

68bd8794d1d28ddb38cef363b18316aaba4bcae4384fc96c1d6b5ea644a09bf5

(a) CIVIL PENALTIES- Section 304(a) is amended by inserting immediately
before the period at the end thereof: `, and to apply any appropriate
civil penalties (except for actions under paragraph (2))'.
(b) PENALTY FUND- Section 304 is amended by adding the following new
subsection after subsection (f):
`(g) PENALTY FUND- (1) Penalties received under subsection (a) shall be
deposited in a special fund in the United States Treasury for licensing
and other services. Amounts in such fund and authorized to be appropriated
shall remain available until expended, for use by the Administrator to
finance air compliance and enforcement activities. The Administrator shall
annually report to the Congress about the sums deposited into the fund,
the sources thereof, and the actual and proposed uses thereof.
`(2) Notwithstanding paragraph (1) the court in any action under this
subsection to apply civil penalties shall have discretion to order that
such civil penalties, in lieu of being deposited in the fund referred to in
paragraph (1), be used in beneficial mitigation projects which are consistent
with this Act and enhance the public health or the environment. The court
shall obtain the view of the Administrator in exercising such discretion
and selecting any such projects. The amount of any such payment in any
such action shall not exceed $100,000.'.
(c) INTERVENTION BY EPA- Paragraph (2) of section 304(c) is amended to
read as follows:
`(2) In any action under this section, the Administrator, if not a party,
may intervene as a matter of right at any time in the proceeding. A judgment
in an action under this section to which the United States is not a party
shall not, however, have any binding effect upon the United States.'.
(d) SERVICE OF COMPLAINT; CONSENT JUDGMENTS- Section 304(c) is amended by
adding the following new paragraph after paragraph (2):
`(3) Whenever any action is brought under this section the plaintiff
shall serve a copy of the complaint on the Attorney General of the United
States and on the Administrator. No consent judgment shall be entered in an
action brought under this section in which the United States is not a party
prior to 45 days following the receipt of a copy of the proposed consent
judgment by the Attorney General and the Administrator during which time
the Government may submit its comments on the proposed consent judgment
to the court and parties or may intervene as a matter of right.'.
(e) OTHER REQUIREMENTS- Section 304(f) is amended by striking the period
at the end of paragraph (3), inserting `; or' and adding the following
new paragraph at the end thereof:
`(4) any other standard, limitation, or schedule established under any permit
issued pursuant to title IV or under any applicable State implementation
plan approved by the Administrator, any permit term or condition, and any
requirement to obtain a permit as a condition of operations.'.
(f) UNREASONABLE DELAY- Section 304(a) is amended by adding the following
at the end thereof: `The district courts of the United States shall have
jurisdiction to compel (consistent with paragraph (2) of this subsection)
agency action unreasonably delayed, except that an action to compel agency
action referred to in section 307(b) which is unreasonably delayed may only
be filed in a United States District Court within the circuit in which
such action would be reviewable under section 307(b). In any such action
for unreasonable delay, notice to the entities referred to in subsection
(b)(1)(A) shall be provided 180 days before commencing such action.'.
(g) PAST VIOLATIONS- Section 304(a) is amended by inserting immediately
before `to be in violation' in paragraphs (1) and (3) `to have violated
(if there is a prima facie demonstration that the alleged violation has
been repeated or continuous) or'. The amendment made by this subsection
shall take effect with respect to actions brought after the date 2 years
after the enactment of the Clean Air Act Amendments of 1990.
(h) DEFERRED ACTIONS- Section 307(b)(2) is amended by adding the following
at the end thereof: `Where a final decision by the Administrator defers
performance of any nondiscretionary statutory action to a later time,
any person may challenge the deferral pursuant to paragraph (1).'.

fedaaf5a5f3fc13a26dd93a68bee6aa09f44f00cf039350d59912ebeda2f6343

REQUIREMENTS.
Section 167 is amended by striking `the construction of a major emitting
facility' and inserting `the construction or modification of a major
emitting facility'.

b63a5e136f1f21a4bdca705c034a35680019408bf817ca323f6796c1bd69d600

Section 302 is amended by adding the following subsection at the end thereof:
`(z) STATIONARY SOURCE- The term `stationary source' means generally any
source of an air pollutant except those emissions resulting directly from
an internal combustion engine for transportation purposes or from a nonroad
engine or nonroad vehicle as defined in section 216.'.

22696b8e198ada89d59f91c92be665f8eef7bcab09b36eab51c2a1b2d3c3a9fb

Section 120(a)(2)(A) is amended as follows:
(1) Insert `, 167, 303,' after `111' in clause (ii).
(2) Redesignate clause (iii) as (iv) and in new clause (iv) strike `clause
(i) or (ii)', and insert `clause (i), (ii), or (iii)'.
(3) Insert the following new clause after clause (ii)--
`(iii) a stationary source which is not in compliance with any requirement
of title IV, V or VII of this Act, or'.

c7d52245276d8dadc17e27a31b69ac884d32cafa9646da313857f81f561e9439

(a) GRANTS- Subparagraphs (A) and (B) of section 105(a)(1) are amended to
read as follows:
`(A) The Administrator may make grants to air pollution control agencies,
within the meaning of paragraph (1), (2), (3), (4), or (5) of section 302,
in an amount up to three-fifths of the cost of implementing programs for the
prevention and control of air pollution or implementation of national primary
and secondary ambient air quality standards. For the purpose of this section,
`implementing' means any activity related to the planning, developing,
establishing, carrying-out, improving, or maintaining of such programs.
`(B) Subject to subsections (b) and (c) of this section, an air pollution
control agency which receives a grant under subparagraph (A) in which
contribute less than the required two-fifths minimum shall have 3 years
following the date of the enactment of the Clean Air Act Amendments of 1990
in which to contribute such amount. If such an agency fails to meet and
maintain this required level, the Administrator shall reduce the amount
of the Federal contribution accordingly.'.
(b) CONFORMING AMENDMENT- Section 105(a)(1)(C) is amended by striking
`(B)' and inserting `(A)'.
(c) LIMITATION ON GRANTS- Section 105(b) is amended by--
(1) inserting `(1)' immediately after `(b)'
(2) striking all that follows `(3) the financial need of the respective
agencies.'; and
(3) redesignating paragraphs (1), (2), and (3) as subparagraphs (A),
(B), and (C) respectively.
(d) LIMITATION- Section 105 is amended by redesignating subsection
(c) as paragraph (2) of subsection (b) and by striking all that follows
`into which such area extends.' in the newly designated paragraph (2) and
inserting `Subject to the provisions of paragraph (1) of this subsection,
no State shall have made available to it for application less than one-half
of 1 per centum of the annual appropriation for grants under this section
for grants to agencies within such State.'.
(e) MAINTENANCE OF EFFORT- Section 105 is amended by inserting the following
new subsection after subsection (b):
`(c) MAINTENANCE OF EFFORT- (1) No agency shall receive any grant under this
section during any fiscal year when its expenditures of non-Federal funds
for recurrent expenditures for air pollution control programs will be less
than its expenditures were for such programs during the preceding fiscal
year. In order for the Administrator to award grants under this section
in a timely manner each fiscal year, the Administrator shall compare an
agency's prospective expenditure level to that of its second preceding
fiscal year. The Administrator shall revise the current regulations which
define applicable nonrecurrent and recurrent expenditures, and in so doing,
give due consideration to exempting an agency from the limitations of
this paragraph and subsection (a) due to periodic increases experienced
by that agency from time to time in its annual expenditures for purposes
acceptable to the Administrator for that fiscal year.
`(2) The Administrator may still award a grant to an agency not meeting the
requirements of paragraph (l) of this subsection if the Administrator,
after notice and opportunity for public hearing, determines that a
reduction in expenditures is attributable to a non-selective reduction in
the expenditures in the programs of all Executive branch agencies of the
applicable unit of Government. No agency shall receive any grant under this
section with respect to the maintenance of a program for the prevention
and control of air pollution unless the Administrator is satisfied that
such a grant will be so used to supplement and, to the extent practicable,
increase the level of State, local, or other non-Federal funds. No grants
shall be made under this section until the Administrator has consulted
with the appropriate official as designated by the Governor or Governors
of the State or States affected.'.
(f) COSTS- Section 106 is amended by striking `three-fourths of the air
quality planning program costs of such agency' and inserting `three-fifths
of the air quality implementation program costs of such agency'.

984d907b1b5e207866408b7aea8fd97511389760527ba5b55149f249b52fdbed

2724a00947349eb3ca45a24a387b3174f7079aaf50e78426ac7418f12604709c

(a) REVIEW AND REVISION OF CRITERIA- Section 109(d)(1) is amended to read
as follows: `(1)(A) Not later than 5 years after enactment of the Clean
Air Act Amendments of 1990 and thereafter as provided in subparagraph (C),
the Administrator shall (i) complete a review of the criteria published
under section 108 and the standards promulgated under this section (ii)
make such revisions in the criteria as may be appropriate to reflect
advances in scientific knowledge, and (iii) determine whether it is
appropriate to propose revisions of the standards based on the applicable
criteria. In making revisions or determinations under this subparagraph,
the Administrator may use such procedures as the Administrator deems
appropriate. Notice of revisions and determinations made under this
subparagraph shall be published in the Federal Register not later than
30 days after the revisions or determinations, respectively, are made,
and copies shall be made available to the general public.
`(B) If the Administrator determines under subparagraph (A) that it
is appropriate to propose revision of a standard, the Administrator
shall commence rulemaking proceedings under section 307(d) and make such
revisions as are appropriate as expeditiously as practicable but not later
than 3 years after such determination is made. The Administrator may elect
to follow the same procedure with respect to a determination that it is
inappropriate to propose a revision of a standard.
`(C) After the first review and (as appropriate) revision of a standard under
this paragraph, the Administrator shall repeat the process specified in
subparagraphs (A) and (B) from time to time for such standard. The review
specified in subparagraph (A) shall be completed not later than 5 years
after completion of the last review of the standard or, if the standard was
revised as a result of such review (or judicial review), not later than 5
years after completion of such revision. For any new standard promulgated
after the date of the enactment of the Clean Air Act Amendments of 1990,
the first review under subparagraph (A) shall be completed not later than
5 years after the date of promulgation.
`(D) A determination under subparagraph (A) that it is inappropriate to
propose a revision of a standard shall be reviewable as a final action
under section 307(b). If the Administrator elects to commence rulemaking
proceedings under subparagraph (B) with respect to such a determination, the
determination shall be reviewable only upon completion of the rulemaking. A
determination under subparagraph (A) that it is appropriate to propose
revision of a standard shall not be subject to judicial review under
section 307(b) or otherwise.
`(E) The Administrator may review and revise criteria or standards earlier
or more frequently than required under this paragraph.'.
(b) CONFORMING AMENDMENT- Section 109(d)(2)(B) is amended by striking
`January 1, 1980, and at five-year intervals thereafter,' and inserting `5
years after the date of the enactment of of the Clean Air Act Amendments
of 1990 and thereafter at intervals corresponding to the Administrator's
review of criteria and standards under paragraph (1).'.
(c) ISSUANCE OF AIR QUALITY CRITERIA- Section 108(a)(2) is amended by
striking `12 months' and inserting `3 years'.
(d) CONFORMING AMENDMENT- Section 108(c) is amended by striking `criteria
or' in the first sentence.
(e) PROMULGATION- Section 109(a)(2) is amended by striking `the Administrator
shall' and all that follows down through the period at the end of such
paragraphs and inserting `the Administrator shall promulgate proposed
national primary and secondary ambient air quality standards as appropriate
for such air pollutant not later than 3 years after such issuance. The
procedure provided for in subsection (d) shall apply to the revision of
such standards.'.
(f) REVISION OF STANDARDS- Section 109(b) is amended by striking the second
sentence of paragraph (1) and the second sentence of paragraph (2).
(g) Section 103 is amended by adding the following new subsection at the
end thereof:
`(g) STUDIES- (1) The Director of the National Institute of Environmental
Health Sciences shall conduct a program of basic research to identify,
characterize, and quantify risks to human health from air pollutants. Such
research shall be conducted primarily through a combination of university
and medical school-based grants, cooperative agreements, and contracts, as
well as through intramural studies and contracts. The procedures applicable
to grants and contracts under title IV of the Public Health Service Act
shall be followed for purposes of this subsection.
`(2) The Director of the National Institute of Environmental Health
Sciences shall conduct a program for the education and training of health
care providers in environmental health.
`(3) The Director of the National Institute of Environmental Health Sciences
shall assure that programs under this subsection shall not duplicate other
research undertaken by the Administration.
`(4) There is authorized to be appropriated to the National Institute of
Environmental Health Sciences to carry out this subsection such sums as
may be necessary, to remain available until expended.'.

e1e05220336508c73abc58275d1367c7e396aa66b8a5de91a018fd319fb7a167

Part A of title I, as amended by section 108(g) of the Act, is amended by
adding the following new section at the end thereof:
`SEC. 130. EMISSION FACTORS.
`Within 6 months after enactment of the Clean Air Act Amendments of 1990,
and at least every 3 years thereafter, the Administrator shall review and,
if necessary, revise, the methods (`emission factors') used for purposes of
this Act to estimate the quantity of emissions of carbon monoxide, volatile
organic compounds, and oxides of nitrogen from sources of such air pollutants
(including area sources and mobile sources). In addition, the Administrator
shall establish emission factors for sources for which no such methods have
previously been established by the Administrator. The Administrator shall
permit any person to demonstrate improved emissions estimating techniques,
and following approval of such techniques, the Administrator shall authorize
the use of such techniques. Any such technique may be approved only after
appropriate public participation. Until the Administrator has completed the
revision required by this section, nothing in this section shall be construed
to affect the validity of emission factors established by the Administrator
before the date of the enactment of the Clean Air Act Amendments of 1990.'.

eccd3214695930fa76043df6ea8a80f2bc1ccc0d2c20caa9a2ce3ea32eff7c6a

Part A of title I, is amended by section 706 of this Act, is amended by
adding the following at the end thereof:
`SEC. 131. LAND USE AUTHORITY.
`Nothing in this Act constitutes an infringement on the existing authority
of counties and cities to plan or control land use, and nothing in this
Act provides or transfers authority over such land use.'.

d914da181ca35b0516db7aef4fc4c44a73a46313122b7bff6dc4c9e3435b2e2d

Section 324(a)(1) (42 U.S.C. 7625-l(a)(1)) is amended by inserting `the
Virgin Islands,' after `American Samoa,'.

f8a13afbdfe45b639801030afc32f1f6ae086f81570fd74092c47f3101c933c5

(a) TRAINING- The National Institute of Environmental Health Sciences
is authorized to award one-time start-up grants under this section to
joint labor-management trust funds and to nonprofit government employee
organizations to establish and operate (for the duration of the period of
authorized funds) programs for the training and education of workers who
are or may be engaged in abatement, removal, and response with respect to
friable asbestos containing material in nonschool public and commercial
buildings. Applications for grants under this paragraph shall be submitted
in such form and manner, and contain such information, as the National
Institute for Environmental Health Sciences prescribes. There is authorized
to be appropriated to carry out this paragraph the sum of $10,000,000 for
each of the fiscal years 1991, 1992, 1993, and 1994. For purposes of this
subsection, the term `public and commercial buildings' has the meaning
given such term by section 202 of the Toxic Substances Control Act (15
U.S.C. 2642).
(b) ASBESTOS ACCREDITATION REGULATIONS- (1) For purposes of protecting human
health from asbestos emissions during response actions carried out with
respect to asbestos-containing materials in nonschool public and commercial
buildings, the Administrator of the Environmental Protection Agency shall
promulgate regulations to require accreditation for persons who--
(A) inspect for asbestos-containing material in nonschool public or
commercial buildings; or
(B) design or conduct response actions with respect to friable
asbestos-containing material in nonschool public or commercial buildings.
(2) The accreditation program contained in the regulations shall include
requirements identical to those in the model contractor accreditation
plan promulgated by the Administrator under section 206(b) of the Toxic
Substances Control Act (15 U.S.C. 2646(b)), except that the requirements
with respect to number of hours of training for workers conducting response
actions shall be as follows:
(A) To become accredited, any worker conducting response actions in a
nonschool public and commercial building shall undergo not fewer than 40
hours of training, at least 12 of which shall be nonclassroom, hands-on
training.
(B) To maintain accreditation, such a worker shall complete an 8-hour
refresher course annually.
(3) In exercising authority under this subsection, the Administrator
shall not, for purposes of section 4(b)(1) of the Occupational Safety and
Health Act (29 U.S.C. 653(b)(1)), be considered to be exercising statutory
authority to prescribe or enforce standards or regulations affecting
occupational safety or health.
(4) For purposes of this section, the terms `asbestos-containing material',
`public and commercial building', `response action', and `friable
asbestos-containing material' have the meaning given those terms by section
202 of the Toxic Substances Control Act (15 U.S.C. 2642).
(5) Regulations shall be promulgated under this section not later than
6 months after the date of the enactment of the Clean Air Act Amendments
of 1990.

07e24955b15d93b79d5d0604c8781917405595fcc05dd0dc1aa95ad3498a2922

(a) CLASS I AND II AREAS- Section 164(a)(1) is amended by adding after
`seashore' the words `, regardless of the date on which established'.
(b) NATIONAL PARK AND WILDERNESS AREA- Section 164(a)(2) is amended by
striking out `ten thousand acres in size' and inserting `5,000 acres in
size (in the case of a national wilderness area) or 6,000 acres in size
(in the case of a national park)'.
(c) PUBLIC HEARINGS- Section 164(b)(1)(A) is amended by inserting in the
first sentence after `redesignated' the phrase `(or as near as practicable
to such area in the case of a wilderness area)'.
(d) ADVERSE IMPACTS ON AIR QUALITY-RELATED VALUES- Section 165(d)(2)(C) is
amended by striking out clause (ii), by inserting `or air quality-related
values' after `air quality' and by adding the following at the end of clause
(i) `A permit shall also not be issued if the Federal land manager of such
lands, or the Administrator, or the Governor of an adjacent State containing
such an area, files a notice making a showing, together with documentation,
that such emissions may cause or contribute to an adverse impact on the
air quality-related values (including visibility) of such lands, unless
the owner or operator of the facility demonstrates that such emissions
will not cause or contribute to the alleged adverse impact on the air
quality-related values (including visibility) identified in such showing.'.
(e) NOTICE TO FEDERAL LAND MANAGERS- Section 165(d)(2)(A) is amended to
read as follows: `(A) At the same time as the State transmits a copy of
a permit application and notice under paragraph (1) to the Administrator,
the State shall also provide a copy thereof to the Federal land manager and
the Federal official charged with direct responsibility for management of
any lands within a class I area, or an area described in paragraph (1) or
(2) of section 164(a), which may be affected by emissions from the proposed
facility. The Administrator shall require applications submitted under
paragraph (1) to contain sufficient information to enable the Federal land
manager of such Federal lands to determine the effects of such facility
on the air quality-related values (including visibility) of such Federal
lands. The permitting authority shall consult with the Federal land manager
for each such area to determine if the application is complete.'.
(f) POLLUTANTS COVERED- Section 165(d)(2)(C)(i) is amended by striking out
`particulate matter and sulfur dioxide' and inserting `any air pollutant
for which maximum allowable increases or other measures are in effect
under section 163 or 166'.
(g) POSTCONSTRUCTION MONITORING- Section 165(a)(7) is amended by adding
the following before the `; and' the phrase `and on air quality-related
values, including visibility, in class I areas which may be affected by
emissions from the proposed facility'.
(h) ADVERSE IMPACTS- Section 165(d)(2)(C) is amended by adding the following
at the end thereof:
`(v) In determining under this subparagraph or subparagraph (B) whether
emissions from a facility will have an adverse impact on air quality-related
values (including visibility), allowable emissions from other existing
and permitted sources shall also be taken into account.'.
(i) PRECONSTRUCTION MONITORING- The first sentence of section 165(e)(2)
is amended by inserting the following before the period at the end thereof:
`and to determine the effect emissions from such facility may have on air
quality-related values, including visibility, in class I areas which may
be affected by emissions from the proposed facility.'.
(j) IDENTIFICATION OF POTENTIAL ADVERSE IMPACTS- Section 165(d)(2)(B) is
amended by adding the following at the end thereof: `In addition to the
other authority provided by this section, the Federal land manager charged
with the direct responsibility for management of such lands may, by rule,
identify the air quality-related values of such lands and the potential
adverse impacts of air pollution on such values.'.
(k) CLASS I PARKS- Section 162 is amended by adding the following at the
end thereof:
`(c) Upon enactment of this subsection all national parks which exceed
6,000 acres in size which were established after the enactment of the
Clean Air Amendments of 1977 and before January 1, 1990, shall be class
I areas and may not be redesignated.'.
(l) REGULATIONS- Section 301(a)(1) is amended by adding the following at
the end thereof: `Within 2 years after the enactment of the Clean Air Act
Amendments of 1990, the Administrator shall amend the regulations under
part C of title I to assure that the requirements of the amendments made
by section 708 of the such Amendments (relating to class I areas) are met.'.

83b743c7a25d8d200308245bfeb1fb4a67e11cd2e3e0da19a556591f8d31cd0b

(a) DEFINITIONS- (1) Section 169A(g) is amended by striking `and' at the
end of paragraph (6), by striking the period at the end of paragraph (7)
and inserting `; and' and by adding the following at the end thereof:
`(8) the term `regional haze' means widespread regionally homogeneous haze
resulting from manmade air pollution.'.
(2) Section 169A(g) is amended by striking `nonair quality' in each place
it appears in paragraphs (1) and (2).
(b) ADDITIONAL REQUIREMENTS- Section 169A of the Clean Air Act is amended
by adding the following after subsection (g):
`(h) PROTECTING VISIBILITY AND AIR QUALITY-RELATED VALUES IN CLASS I AREAS-
`(1) EPA RULES- Not later than 1 year after the date of enactment of the
Clean Air Act Amendments of 1990, the Administrator shall propose rules, and
within 2 years after such date of enactment, promulgate final rules, amending
the regulations under subsection (a)(4) to assure that the requirements of
this part are met with regard to visibility protection and the protection
of air quality-related values in areas protected under this part.
`(2) STATE PLAN REVISIONS- The regulations under paragraph (1) shall require
that revisions of the implementation plans for visibility protection under
section 169A, and for the prevention of significant deterioration of air
quality under this part, be submitted to the Administrator within 1 year
after promulgation of such amendments. Such plan revisions shall comply
with the requirements of this part.
`(3) REGIONAL HAZE PLANS- The Administrator shall provide information
to States regarding control measures for specific classes of sources for
which guidance has not been provided under other provisions of this Act
and which may reasonably be anticipated to cause or contribute to regional
haze impairing visibility in an area identified under subsection (a)(2). In
amending the regulations under subsection (a)(4), the Administrator shall
provide guidelines for the identification by States of areas where sources
may reasonably be anticipated to cause or contribute to regional haze. In
addition the Administrator shall promulgate guidelines for the establishment
of control strategies in those areas for use by the States if necessary to
achieve reasonable progress toward the national goal specified in subsection
(a).
`(4) REASONABLE PROGRESS- The regulations under paragraph (1) shall establish
criteria and procedures for determining whether reasonable progress toward
the national goal specified in subsection (a) is being made in accordance
with this section. The criteria shall include a method for determining
baseline visibility in each class I area identified under subsection (a)(2)
and for determining whether reasonable progress toward the national goal is
being achieved. In adopting such criteria, the Administrator shall consider
both annual average visibility and shorter periods that may reflect seasonal
patterns and the frequency of severe visibility impairment episodes. The
regulations may allow the use of not more than 3 years as the baseline
period, and shall require commencement of baseline monitoring within 6
months following promulgation.
`(i) REVIEW OF PROGRESS TOWARD NATIONAL GOAL- (1) The Administrator, in
consultation with the Federal land manager for each mandatory class I area
referred to in subsection (a)(2), shall periodically review the status of
visibility impairment in such areas and determine whether reasonable progress
toward the national goal set forth in subsection (a) is being achieved. The
first review under this subsection shall be completed 6 years after the date
required for promulgation of the regulations required by subsection (h),
and subsequent reviews shall be completed at 5-year intervals thereafter.
`(2) Whenever the Administrator determines that reasonable progress toward
the national goal set forth in subsection (a) is not being achieved, the
Administrator shall require such revisions of the applicable implementation
plan or plans for such area as are necessary to make reasonable progress
toward such national goal. The Administrator shall require that such plan
revisions be submitted within 1 year after making any such determination. The
Administrator shall not require plan revisions in any State if he determines
that such State has adopted all feasible measures that can be expected
to achieve reasonable progress. For the purpose of regional haze control,
in determining best available retrofit technology, the Administrator may
consider the estimated average contribution to visibility impairment
from a source or group of sources located in an area identified under
guidelines issued under subsection (h)(3). The determinations made by the
Administrator under this subsection shall be after notice and an opportunity
for public comment.
`(3) At a minimum, for any class I area to which this section applies,
reasonable progress toward the national goal set forth in subsection (a)
shall include each of the following:
`(A) Preservation of the frequency of days in which the visibility in the
area is least impaired by manmade air pollution.
`(B) Over each review period, there shall be a perceptible improvement
in average visibility in the area, as compared to the average visibility
in the area during the prior review period or the baseline in the case of
the first review period.
`(C) Over each review period, there shall be a perceptible improvement
in frequency of days when the worst visibility attributable to manmade
air pollution occurs, as compared to the frequency of days of the worst
visibility attributable to manmade air pollution during the prior review
period or the baseline in the case of the first review period.
`(4) The Administrator shall adopt numeric standards for measuring and
modeling perceptible improvement, and a reference method specifying a
technological method for measuring such improvement.
`(j) RELATIONSHIP TO OTHER PROVISIONS- In promulgating regulations and
amendments to regulations under this section, the Administrator shall take
into account the reductions in air pollution obtained pursuant to other
provisions of this Act, including the reductions obtained under title V
(relating to acid deposition control). States may take credit for emission
reductions required by other provisions of this Act (including provisions
of an applicable implementation plan) in determining whether additional
control strategies are needed to achieve reasonable progress toward the
national goal. Nothing in this section shall be construed to require emission
reductions of any air pollutant in any area designated as a nonattainment
area for that air pollutant at a more rapid rate than required under part D.
`(k) IMPACT OF UNCONTROLLED SOURCES- (1) The Administrator shall undertake
and complete, within 2 years after the date of enactment of the Clean Air
Act Amendments of 1990, studies to measure the impact of any uncontrolled
major stationary source emitting more than 7,000 tons/year of sulfur dioxide
on the air quality-related values (including visibility) of class I areas
listed under subsection (a)(2) located within 100 miles of the uncontrolled
major stationary source. The Administrator shall conduct studies of such
sources under this subsection in accordance with priorities established
by the Adminstrator based on aggregate emissions, location in relation
to the class I area, weather patterns and likelihood of impact on the air
quality-related values (including visibility) of such area. Studies under
this section shall be conducted in consultation with the Federal official
charged with direct responsibility for the mangement of each such class I
area and the Federal land manager of each such class I area. These studies
may include, but are not limited to, tracer studies requiring the source
to release continuously tracers in the source's emissions to enhance
the studies' ability to attribute impacts to the source. As part of the
studies, the Administrator may require the source to install continuous
emission monitors for sulfur oxides and nitrogen oxides or for other air
pollutants as he deems necessary or to conduct tracer studies. The study
shall include the identification of alternative regulatory strategies that
could achieve the goal of section 169A(a)(1) and the costs (economic, energy,
and social) of each such alternative. Within 1 year following completion
of the study of any source under this subsection, the Administrator shall,
in consultation with the Federal land managers, make a determination under
subsection (b)(2)(A) with respect to the uncontrolled major stationary
source and determine whether the applicable State plan needs to be revised
in accordance with such determination. Such determination shall be made
after notice and opportunity for comment.
`(2) For purposes of this subsection, the term `uncontrolled major stationary
source' means a major stationary source which--
`(A) does not use a technological means of emission control achieving
at least a 50 percent reduction in emissions of sulfur dioxide from the
potential combustion concentration; and
`(B) had an actual 1985 emission rate for sulfur dioxide below 1.2
lbs./mmBtu.
`(l) SAVINGS PROVISION- The requirements and authorities established
pursuant to this section shall be in addition to, and not in lieu of any
other requirement or authority under any other provision of this Act or
under any other authority of law.
`(m) AREAS COVERED- The provisions of subsections (h) through (l) of this
section shall not apply east of the 100th meridian.'.

645cfe152722d69e9444d8aea7c543d9ac54f62a1c754cc61b38453ae3db9b31

The Toxic Substances Control Act is amended by inserting after section 31
the following:
`SEC. 32. CENTERS FOR PREVENTION OF LEAD POISONING.
`(a) ESTABLISHMENT- The Administrator shall establish, and provide funding
through grants, one or more centers for prevention of lead poisoning. The
centers shall be established at institutions of higher education in the
United States and shall assist the Administrator in carrying out this title.
`(b) APPLICATIONS- An institution of higher education may apply for grants
under subsection (a) by submitting an application to the Administrator in
the form, at the time, and containing the information that the Administrator
shall require.
`(c) SELECTION CRITERIA- The Administrator shall award grants under
subsection (a) to institutions of higher education pursuant to the
following criteria:
`(1) The capability to provide leadership in making national contributions
to the prevention of lead poisoning.
`(2) Demonstrated capacity to conduct research of lead poisoning prevention,
including the development of innovative and safe methods for lead paint
abatement.
`(3) The appropriateness of the projects proposed to be carried out by
the grant recipient.
`(4) The recipient's commitment of at least $100,000 in budgeted
institutional funds to research of lead poisoning prevention.
`(5) The presence at the institution of an interdisciplinary staff with
demonstrated expertise in lead poisoning prevention.
`(6) The institution's demonstrated ability to disseminate results of its
research and educational programs through an interdisciplinary continuing
education program.
`(d) FEDERAL SHARE- The Federal share of a grant awarded under subsection
(a) shall not exceed 80 percent of the cost of establishing and operating
the center and related research activities carried out by the recipient.
`(e) DEFINITIONS- As used in this section--
`(1) the term `center' means a center for prevention of lead poisoning; and
`(2) the term `institution of higher education' has the meaning given
that term in section 481(a) of the Higher Education Act of 1965 (20
U.S.C. 1088(a)).'.

00fd7098065544f712ab6dcbb2c838eeff0ca8f23ca01bea93c7377aceccac67

07981b448bae093b4efd4280b42173bfd5af8594dcc5af39edaf070aed1cd515

Title III of the Clean Air Act is amended by adding the following new
section after section 327:
`SEC. 328. AIR POLLUTION FROM OUTER CONTINENTAL SHELF ACTIVITIES.
`(a)(1) APPLICABLE REQUIREMENTS FOR CERTAIN AREAS- Not later than 12 months
after the enactment of the Clean Air Act Amendments of 1990, following
consultation with the Secretary of the Interior and the Commandant of the
United States Coast Guard, the Administrator, by rule, shall establish
requirements to control air pollution from Outer Continental Shelf sources
located offshore of the States along the Pacific, Arctic and Atlantic
Coasts, and along the United States Gulf Coast off the State of Florida
eastward of longitude 87 degrees and 30 minutes (`OCS sources') to attain
and maintain Federal and State ambient air quality standards and to comply
with the provisions of part C of title I. For such sources located within
25 miles of the seaward boundary of such States, such requirements shall
be the same as would be applicable if the source were located in the
corresponding onshore area, and shall include, but not be limited to,
State and local requirements for emission controls, emission limitations,
offsets, permitting, monitoring, testing, and reporting. New OCS sources
shall comply with such requirements on the date of promulgation and existing
OCS sources shall comply on the date 12 months thereafter. The Administrator
shall update such requirements as necessary to maintain consistency with
onshore regulations. The authority of this subsection shall supersede
section 5(a)(8) of the Outer Continental Shelf Lands Act but shall not
repeal or modify any other Federal, State, or local authorities with
respect to air quality. Each requirement established under this section
shall be treated, for purposes of sections 113, 114, 116, 120, and 304,
as a standard under section 111 and a violation of any such requirement
shall be considered a violation of section 111(e).
`(2) EXEMPTIONS- The Administrator may exempt an OCS source from a specific
requirement in effect under regulations under this subsection if the
Administrator finds that compliance with a pollution control technology
requirement is technically infeasible or will cause an unreasonable
threat to health and safety. The Administrator shall make written findings
explaining the basis of any exemption issued pursuant to this subsection
and shall impose another requirement equal to or as close in stringency to
the original requirement as possible. The Administrator shall ensure that
any increase in emissions due to the granting of an exemption is offset
by reductions in actual emissions, not otherwise required by this Act,
from the same source or other sources in the area or in the corresponding
onshore area. The Administrator shall establish procedures to provide for
public notice and comment on exemptions proposed pursuant to this subsection.
`(3) STATE PROCEDURES- Each State adjacent to an OCS source included under
this subsection may promulgate and submit to the Administrator regulations
for implementing and enforcing the requirements of this subsection. If
the Administrator finds that the State regulations are adequate he shall
delegate to that State any authority he has under this Act to implement
and enforce such requirements. Nothing in this subsection shall prohibit
the Administrator from enforcing any requirement of this section.
`(4) DEFINITIONS- For purposes of subsections (a) and (b)--
`(A) OUTER CONTINENTAL SHELF- The term `Outer Continental Shelf' has the
meaning provided by section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331).
`(B) CORRESPONDING ONSHORE AREA- The term `corresponding onshore area' means,
with respect to any OCS source, the onshore attainment or nonattainment area
that is closest to the source, unless the Administrator determines that
another area with more stringent requirements with respect to the control
and abatement of air pollution may reasonably be expected to be affected
by such emissions. Such determination shall be based on the potential for
air pollutants from the OCS source to reach the other onshore area and
the potential of such air pollutants to affect the efforts of the other
onshore area to attain or maintain any Federal or State ambient air quality
standard or to comply with the provisions of part C of title I.
`(C) OUTER CONTINENTAL SHELF SOURCE- The terms `Outer Continental Shelf
source' and `OCS source' include any equipment, activity, or facility which--
`(i) emits or has the potential to emit any air pollutant,
`(ii) is regulated or authorized under the Outer Continental Shelf Lands
Act, and
`(iii) is located on the Outer Continental Shelf or in or on waters above
the Outer Continental Shelf.
Such activities include, but are not limited to, platform and drill
ship exploration, construction, development, production, processing, and
transportation. For purposes of this subsection, emissions from any vessel
servicing or associated with an OCS source, including emissions while at the
OCS source or en route to or from the OCS source within 25 miles of the OCS
source, shall be considered direct emissions from the OCS source.
`(D) NEW AND EXISTING OCS SOURCES- The term `new OCS source' means an OCS
source which is a new source within the meaning of section 111(a). The term
`existing OCS source' means any OCS source other than a new OCS source.
`(b) REQUIREMENTS FOR OTHER OFFSHORE AREAS- For portions of the United
States Gulf Coast Outer Continental Shelf that are adjacent to the States
not covered by subsection (a) which are Texas, Louisiana, Mississippi,
and Alabama, the Secretary shall consult with the Administrator to assure
coordination of air pollution control regulation for Outer Continental
Shelf emissions and emissions in adjacent onshore areas. Concurrently
with this obligation, the Secretary shall complete within 3 years of
enactment of this section a research study examining the impacts of
emissions from Outer Continental Shelf activities in such areas that fail
to meet the national ambient air quality standards for either ozone or
nitrogen dioxide. Based on the results of this study, the Secretary shall,
consult with the Administrator, and determine if any additional actions
are necessary. There are authorized to be appropriated such sums as may
be necessary to provide funding for the study required under this section.
`(c)(1) COASTAL WATERS- The study report of section 112(n) of the Clean
Air Act shall apply to the coastal waters of the United States to the same
extent and in the same manner as such requirements apply to the Great Lakes,
the Chesapeake Bay, and their tributary waters.'.
`(2) The regulatory requirements of section 112(n) of the Clean Air Act
shall apply to the coastal waters of the States which are subject to
subsection (a) of this section, to the same extent and in the same manner
as such requirements apply to the Great Lakes, the Chesapeake Bay, and
their tributary waters.'.

fe1ceeb541044dbb3c8f90408fa2108bc6782a53ce98d145fa56cc17e95d695a

Section 327 is amended to read as follows:
`SEC. 327. AUTHORIZATION OF APPROPRIATIONS.
`(a) IN GENERAL- There are authorized to be appropriated to carry out this
Act such sums as may be necessary.
`(b) GRANTS FOR PLANNING- There are authorized to be appropriated (1) not
more than $50,000,000 to carry out section 175 beginning in fiscal year
1991, to be available until expended, to develop plan revisions required by
subpart 2, 3, or 4 of part D of title I, and (2) not more than $15,000,000
for each of the fiscal years 1991, 1992, and 1993 to make grants to the
States to prepare implementation plans as required by subpart 2, 3, or 4
of part D of title I.'.

d7d6d3dc013638f15656e581e7501ab454ef889164f14ef1b26cc75af858e9ec

The Administrator of the Environmental Protection Agency, in
conjunction with the National Aeronautics and Space Administration,
and the Department of Energy shall conduct a study and test program on
the development of a hydrogen fuel cell electric vehicle. The study and
test program shall determine how best to transfer existing NASA hydrogen
fuel cell technology into the form of a mass-producible, cost effective
hydrogen fuel cell vehicle. Such study and test program shall include at
a minimum a feasibility-design study, the construction of a prototype,
and a demonstration. This study and test program should be completed and
a report submitted to Congress within 3 years after the enactment of the
Clean Air Act Amendments of 1990. This study and test program should be
performed in the university or universities which are best exhibiting the
facilities and expertise to develop such a fuel cell vehicle.

a062273c0d2fa96106b028673f0993629fb8759aba1f799abd107fb5dd4561a4

CLIMATE CHANGE.
(a) MONITORING- The Administrator of the Environmental Protection Agency
shall promulgate regulations within 18 months after the enactment of the
Clean Air Act Amendments of 1990 to require that all affected sources
subject to title V of the Clean Air Act shall also monitor carbon dioxide
emissions according to the same timetable as in section 511 (b) and
(c). The regulations shall require that such data be reported to the
Administrator. The provisions of section 511(e) of title V of the Clean
Air Act shall apply for purposes of this section in the same manner and
to the same extent as such provision applies to the monitoring and data
referred to in section 511.
(b) PUBLIC AVAILABILITY OF CARBON DIOXIDE INFORMATION- For each unit
required to monitor and provide carbon dioxide data under subsection (a)
the Administrator shall compute the unit's aggregate annual total carbon
dioxide emissions, incorporate such data into a computer data base, and
make such aggregate annual data available to the public.

5432c79d825830e07f5181c995f3d3b431dc64f786a86abacb50e16edd54a988

REGIONS ALONG THE BORDER BETWEEN THE UNITED STATES AND THE UNITED STATES
OF MEXICO.
(a) IN GENERAL- The Administrator of the Environmental Protection
Agency (hereinafter referred to as the `Administrator') is authorized,
in cooperation with the Department of State and the affected States, to
negotiate with representatives of the United States of Mexico to establish
a program to monitor and improve air quality in regions directly along
the border between the United States and the United States of Mexico. The
program established under this section shall be conducted for a period of
60 months beginning on July 1, 1990.
(b) MONITORING AND REMEDIATION-
(1) MONITORING- The monitoring component of the program conducted under
this section shall identify and determine sources of pollutants for which
National ambient air quality standards (hereinafter referred to as `NAAQS')
and other air quality goals have been established in regions along the
border between the United States and the United States of Mexico. Such
monitoring component of the program shall include, but not be limited to,
the collection of meteorological data, the measurement of air quality,
the compilation of an emissions inventory, and shall be sufficient to the
extent necessary to successfully support the use of a state-of-the-art
mathematical air modeling analysis. Such monitoring component of the
program shall collect and produce data projecting the level of emission
reductions necessary in both the United States of Mexico and the United
States to bring about attainment of both primary and secondary NAAQS,
and other air quality goals, in regions along the border in the United
States. Such monitoring component of the program shall include to the
extent possible, data from monitoring programs undertaken by other parties.
(2) REMEDIATION- The Administrator, in cooperation with the Department
of State is authorized to negotiate with appropriate representatives
of the United States of Mexico to develop joint remediation measures to
reduce the level of airborne pollutants to achieve and maintain primary
and secondary NAAQS, and other air quality goals, in regions along the
border between the United States and the United States of Mexico. Such
joint remediation measures may include, but not be limited to measures
included in the Environmental Protection Agency's Control Techniques and
Control Technology documents. Such remediation program shall also identify
those control measures implementation of which in the United States of
Mexico would be expedited by the use of material and financial assistance
of the United States. With respect to those control measures identified
as requiring funding of the United States for projects within the United
States of Mexico, the Administrator shall attempt to the maximum extent
practicable to utilize resources of the United States of Mexico that would
offset costs of the United States in implementing joint remediation measures
under this section. Such joint remediation measures shall be included as
enforceable control strategies in the state implementation plan for the
respective nonattainment area.
(c) STUDY AND REPORTS-
(1) GAO STUDY- The Comptroller General of the General Accounting Office
shall, conduct a study and issue a report to Congress not later than January
1, 1994, on the program conducted under this section. Such study shall--
(A) summarize the project to date,
(B) make recommendations on ways to improve the program; and
(C) make recommendations on the advisability of continuing the program or
expanding the program to include Canada and other nations.
(2) REPORT OF ADMINISTRATOR- The Administrator shall, not later than July 1,
1991, and each year thereafter during the operation of the program described
in this section, report to Congress on the progress of the program in
bringing nonattainment areas along the border of the United States into
attainment with primary and secondary NAAQS. The report issued by the
Administrator under this paragraph shall include recommendations on funding
mechanisms to assist in implementation of monitoring and remediation efforts.
(d) FUNDING AND PERSONNEL- The Administrator shall, where necessary,
make available, subject to appropriation Acts, such funds, personnel,
and equipment as may be necessary to implement the provisions of this
section. In those cases where direct financial assistance of the United
States is provided to implement monitoring and remediation programs in the
United States of Mexico, the Administrator shall develop grant agreements
with appropriate representatives of the United States of Mexico to assure
the accuracy and completeness of monitoring data and the performance of
remediation measures which are financed by the United States. Such funding
agreements, subject to appropriation Acts, shall include authorization
for the Administrator to--
(1) review and agree to plans for monitoring and remediation;
(2) inspect premises, equipment and records to insure compliance with the
agreements established under and the purposes set forth in this section; and
(3) where necessary, develop grant agreements with affected States to
carry out the provisions of the section.
(e) CONSIDERATION OF FACTORS IN NONATTAINMENT AREAS- When approving state
implementation plans for nonattainment areas (as defined in section 171(2)
(42 U.S.C. 7501(2)), the Administrator shall take into account the impacts
of the sources of pollutants coming from the United States of Mexico and
the role of the United States in developing monitoring and remediation
plans with the United States of Mexico to bring about attainment of both
primary and secondary NAAQS and other air quality goals in regions along
the border in the United States.

b0f52722d4cce4d7a5ccad4ec79af9d58fef82223b9bb5c8fb9efb479a2ea475

(a) FINDINGS- The Congress finds that--
(1) all nations have the responsibility to adopt and enforce effective air
quality standards and requirements and the United States, in enacting this
Act, is carrying out its responsibility in this regard;
(2) as a result of complying with this Act, businesses in the United States
will make significant capital investments and incur incremental costs in
implementing control technology standards;
(3) such compliance may impair the competitiveness of certain United States
jobs, production, processes, and products if foreign goods are produced
under less costly environmental standards and requirements than are United
States goods; and
(4) mechanisms should be sought through which the United States and its
trading partners can agree to eliminate or reduce competitive disadvantages.
(b) ACTION BY THE PRESIDENT-
(1) IN GENERAL- Within 18 months after the date of the enactment of the
Clean Air Act Amendments of 1990, the President shall submit to the Congress
a report--
(A) identifying and evaluating the economic effects of--
(i) the significant air quality standards and controls required under this
Act, and
(ii) the differences between the significant standards and controls required
under this Act and similar standards and controls adopted and enforced by
the major trading partners of the United States,
on the international competitiveness of United States manufacturers; and
(B) containing a strategy for addressing such economic effects through
trade consultations and negotiations.
(2) ADDITIONAL REPORTING REQUIREMENTS- (A) The evaluation required under
paragraph (1)(A) shall examine the extent to which the significant air
quality standards and controls required under this Act are comparable to
existing internationally-agreed norms.
(B) The strategy required to be developed under paragraph (1)(B) shall
include recommended options (such as the harmonization of standards and trade
adjustment measures) for reducing or eliminating competitive disadvantages
caused by differences in standards and controls between the United States
and each of its major trading partners.
(3) PUBLIC COMMENT- Interested parties shall be given an opportunity to
submit comments regarding the evaluations and strategy required in the
report under paragraph (1). The President shall take any such comment into
account in preparing the report.
(4) INTERIM REPORT- Within 9 months after the date of the enactment of the
Clean Air Act Amendments of 1990, the President shall submit to the Congress
an interim report on the progress being made in complying with paragraph (1).

ad46f213e1cce9a6386ae47de3c9b9d2f5b951e5ef1331cf8b98dab9a23ef53e

Commencing on the second year after the date of the enactment of the Clean
Air Act Amendments of 1990 and annually thereafter, the Comptroller General
of the General Accounting Office, in consultation with other agencies,
such as the Environmental Protection Agency, the Department of Labor,
the Department of Commerce, the United States Trade Representative, the
National Academy of Sciences, the Office of Technology Assessment, the
National Academy of Engineering, the Council on Environmental Quality,
and the Surgeon General, shall provide a report to the Congress on the
incremental human health and environmental benefits, and incremental
costs beyond current clean air requirements of the new control strategies
and technologies required by this Act. The report shall include, for
such strategies and technologies, an analysis of the actual emissions
reductions beyond existing practice, the effects on human life, human
health and the environment (including both positive impacts and those
that may be detrimental to jobs and communities resulting from loss of
employers and employment, etc.), the energy security impacts, and the
effect on United States products and our industrial competitiveness in
national and international markets.

c19e815f90627f8913951ef78bb3f28b94cc7fe63f69260f2c881ba9af940f95

Title III is amended by inserting the following after section 325:
`SEC. 325A. UNITED STATES-MEXICO AIR QUALITY.
`(a) ESTABLISHMENT OF OFFICE- In coordination with the Secretary of State,
the Administrator shall establish in the Office of International Activities
a United States-Mexico Air Quality Office to be under the direction of
a Director for United-States-Mexico Air Quality affairs (hereinafter in
this section referred to as the Director).
`(b) DUTIES OF DIRECTOR- In addition to such other air quality duties as
may be delegated to the Director, the Director shall have the responsibility
to carry out each of the following:
`(1) A binational study of the prospects in Mexico for clean fuel automobiles
and clean fuels (especially natural gas given Mexico's competitive advantage
in this area).
`(2) A study on the possibility of standardized regulations between
the United States and Mexico on air quality to contribute to greater
coordination between the two jurisdictions.'.

344189a7692a2777cfb94bd81bfa3e1ffff5d767def1411f21f08d35e5ca8547

Within 2 years after the enactment of the Clean Air Act Amendments of
1990, the Administrator of the Environmental Protection Agency shall
complete a study and submit a report to Congress evaluating the health
and environmental impacts of the combustion of contaminated used oil in
ships, the reasons for using such oil for such purposes, the alternatives
to such use, the costs of such alternatives, and other relevant factors
and impacts. In preparing such study, the Administrator shall obtain the
view and comments of all interested persons.

ffd9dac5ae93d9d88fc02ea24370b71d553ed869cd5e21a22c05f86b14619202

It is the sense of the Congress that--
(1) existing equipment and machinery retrofitted to comply with the
Clean Air Act's `Best Available Control Technology' language and all other
specifications within the Act be produced in the United States and purchased
from American manufacturers.
(2) The construction of new industrial and utility facilities comply to the
Act's specifications through the incorporation of American made equipment
and technology.
(3) Individuals, groups, and organizations in the public sector strive
to purchase and produce American made products that improve our nation's
air quality.

5919a7abe862e64ae95f9a9ebba250c6cdf18a257d3637e7a6057fa3e3211e6f

(a) REFERENCES IN TEXT- Unless otherwise specified, references in the text
of this section to sections or other provisions are references to sections
or other provisions of the Clean Air Act (42 U.S.C. 7401 et seq.).
(b) RESEARCH AND DEVELOPMENT PROGRAM- Section 103(b) is amended--
(1) in paragraph (6) by striking `and' after `control thereof;';
(2) in paragraph (7) by striking the period and inserting in lieu thereof
`; and'; and
(3) by adding at the end the following new paragraph:
`(8) construct such facilities and employ staff as are necessary to carry
out this Act.'.
(c) AIR POLLUTANT MONITORING AND EMISSIONS INVENTORIES- Section 103(c)
is amended to read as follows:
`(c) AIR POLLUTANT MONITORING AND INVENTORIES- In carrying out subsection
(a), the Administrator shall conduct a program of research, testing, and
development of methods for sampling, measurement, monitoring, analysis, and
modeling of air pollutants, including precursors of acid deposition. Such
program shall include the following elements:
`(1) Consideration of individual, as well as complex mixtures of, air
pollutants and their chemical transformations in the atmosphere.
`(2) Development of improved monitoring and modeling techniques to increase
understanding of the sources of acid aerosols and the precursors of acid
deposition.
`(3) Establishment of a national network to monitor, collect, and compile
data with quantification of certainty in the status and trends of air
emissions, deposition, air quality, surface water quality, forest condition,
and visibility impairment, and to ensure the comparability of air quality
data collected in different States and obtained from different nations.
`(4) Development of necessary instrumentation and quality assurance
protocols for continuous monitoring of precursors of acid deposition.
`(5) The Administrator, in consultation with the Federal Coordinating
Council for Science, Engineering, and Technology, shall oversee an
experimental and analytical research effort, with the experimental research
to be carried out at the Liquefied Gaseous Fuels Spill Test Facility. In
consultation with scientists at Lawrence Livermore National Laboratories,
the Administrator shall develop a list of chemicals and a schedule for
field testing. Analysis of a minimum of 10 chemicals per year shall be
carried out, with the selection of a minimum of one chemical for field
testing each year. Highest priority shall be given to those chemicals that
would present the greatest potential risk to human health as a result of
an accidental release from a fixed site or related to the transport of
such chemicals. The purpose of such research shall be to--
`(A) develop improved predictive models for atmospheric dispersion which
at a minimum--
`(i) describe dense gas releases in complex terrain with variable winds;
`(ii) improve understanding of the effects of turbulence on dispersion
patterns; and
`(iii) consider realistic behavior of aerosols by including physicochemical
reactions with water vapor, ground deposition, and removal by water spray;
`(B) evaluate existing and future atmospheric dispersion models by--
`(i) the development of a rigorous, standardized methodology for dense
gas models; and
`(ii) the application of such methodology to current dense gas dispersion
models using data generated from field experiments; and
`(C) evaluate the effectiveness of hazard mitigation and emergency response
technology for fixed site and transportation related accidental releases
of toxic chemicals.
Models pertaining to accidental release shall be evaluated and improved
periodically for their utility in planning and implementing evacuation
procedures and other mitigative strategies designed to minimize human exposure
to hazardous air pollutants released accidentally.
`(6) Development of improved monitoring and modeling techniques to increase
understanding of the sources of ozone precursors, ozone formation, ozone
transport, regional influences on urban ozone, regional ozone trends, and
interactions of ozone with other pollutants. Emphasis shall be placed on
those techniques which--
`(A) improve the ability to inventory emissions of volatile organic
compounds and nitrogen oxides that contribute to urban air pollution,
including anthropogenic and natural sources;
`(B) improve the understanding of the mechanism through which anthropogenic
and biogenic volatile organic compounds react to form ozone and other
oxidants; and
`(C) improve the ability to identify and evaluate region-specific prevention
and control options for ozone pollution.
`(7) Periodic reports to the Congress which evaluate and assess the
effectiveness of air pollution control regulations and programs using
monitoring and modeling data collected pursuant to this subsection.
`(8) Opportunities for participation by industry, public interest groups,
scientists, and other interested parties on the development of air pollution
models under this subsection.'.
(d) HEALTH EFFECTS- Section 103(d) is amended to read as follows:
`(d) HEALTH EFFECTS- (1) The Administrator shall conduct a research program
on the short- and long-term effects of air pollutants on human health,
including the effects of acid deposition and acid aerosols. In conducting
such research program the Administrator--
`(A) shall conduct studies, including epidemiological, clinical, and
laboratory studies, as necessary to identify and evaluate effects of air
pollutants on human health;
`(B) may utilize, on a reimbursable basis, the facilities of existing
Federal scientific laboratories and research centers; and
`(C) shall consult with other appropriate Federal agencies to ensure that
similar research being conducted in other agencies is coordinated and is
not duplicative.
`(2) In conducting the research program under this subsection, the
Administrator shall develop methods and techniques necessary to identify
and assess the risks to human health from both routine and accidental
exposures to individual air pollutants and combinations thereof. Such
research program shall include the following elements:
`(A) The creation of an Interagency Task Force to coordinate such
program. The Task Force shall include representatives of the National
Institute for Environmental Health Sciences, the Environmental Protection
Agency, the Agency for Toxic Substances and Disease Registry, the National
Toxicology Program, the National Institute of Standards and Technology, the
National Science Foundation, and the Department of Energy. This Interagency
Task Force shall be chaired by a representative of the Environmental
Protection Agency and shall convene its first meeting within 60 days after
the date of enactment of this subparagraph.
`(B) An evaluation, within 12 months after the date of enactment of this
paragraph, of each of the hazardous air pollutants listed under section
112(b) of this Act, to decide, on the basis of available information,
their relative priority for preparation of environmental health assessments
pursuant to subparagraph (C). The evaluation shall be based on reasonably
anticipated toxicity to humans and exposure factors such as frequency
of occurrence as an air pollutant and volume of emissions in populated
areas. Such evaluation shall be reviewed by the Interagency Task Force
established pursuant to subparagraph (A).
`(C) Preparation of environmental health assessments for each of the
hazardous air pollutants referred to in subparagraph (B), beginning 6
months after the first meeting of the Interagency Task Force and to be
completed within 60 months thereafter. No fewer than 38 assessments shall
be published annually. The assessments shall be prepared in accordance
with guidelines developed by the Administrator in consultation with the
Interagency Task Force and the Science Advisory Board of the Environmental
Protection Agency. Each such assessment shall include--
`(i) an examination, summary, and evaluation of available toxicological
and epidemiological information for the pollutant to ascertain the levels
of human exposure which pose a significant threat to human health and the
associated acute, subacute, and chronic adverse health effects;
`(ii) a determination of gaps in available information related to human
health effects and exposure levels; and
`(iii) where appropriate, an identification of additional activities,
including toxicological testing, needed to identify the types or levels
of exposure which may present significant risk of adverse health effects
in humans.'.
(e) ECOSYSTEM STUDIES- Section 103(f) is amended to read as follows:
`(f) ECOSYSTEM STUDIES- In carrying out subsection (a), the Administrator
shall conduct a research program to improve understanding of the causes,
effects, and trends of ecosystems damage from air pollutants, including
acid deposition. Such program shall include the following elements:
`(1) Identification of regionally representative and critical ecosystems
for research.
`(2) Evaluation of risks to ecosystems exposed to air pollutants, including
characterization of the causes and effects of chronic and episodic exposures
to air pollutants and determination of the reversibility of those effects.
`(3) Development of improved atmospheric dispersion models and monitoring
systems and networks for evaluating and quantifying exposure to and effects
of multiple environmental stresses associated with air pollution.
`(4) Evaluation of the effects of air pollution on water quality, including
assessments of the short- and long-term ecological effects of acid deposition
and other atmospherically derived pollutants on surface water (including
wetlands and estuaries) and groundwater.
`(5) Evaluation of the effects of air pollution, including acid deposition,
on forests, materials, crops, and other terrestrial and aquatic systems
exposed to air pollutants.
`(6) Estimation of the ecological damages and their associated costs which
have occurred as a result of exposure to air pollutants.'.
(f) POLLUTION PREVENTION AND EMISSIONS CONTROL; COORDINATION OF RESEARCH;
AND ACID DEPOSITION RESPONSE- Section 103 is amended by inserting after
subsection (f) the following:
`(g) POLLUTION PREVENTION AND EMISSIONS CONTROL- In carrying out subsection
(a), the Administrator shall conduct a basic engineering research and
technology program to develop, evaluate, and demonstrate strategies and
technologies for air pollution prevention, including the prevention of
acid deposition. Such strategies and technologies shall be developed
especially for those pollutants which pose a significant risk to human
health and the environment, and may include nontechnological strategies
for pollution prevention. Such program shall include the following elements:
`(1) Improvements in strategies and technologies for simultaneously reducing
multiple air pollutants from fossil fuel power plants and other combustion
facilities including sulfur oxides, nitrogen oxides, heavy metals, PM-10
(particulate matter), carbon monoxide, and carbon dioxide. Such strategies
and technologies shall include--
`(A) improvements in the relative cost effectiveness and long-range
implications of various air pollutant reduction and control strategies such
as flue gas desulfurization, clean coal technologies (including retrofit
control technologies for sulfur oxides and nitrogen oxides such as in-duct
injection, LIMB, and spray-dry scrubbing processes), energy conservation
including end-use efficiency, and fuel-switching to cleaner fuels such as
natural gas; and
`(B) improvements in methods for training personnel employed by fossil
fuel power plants and other combustion facilities.
`(2) Improvements in air pollution prevention strategies and technologies,
especially those which simultaneously prevent multiple air pollutant
emissions, for stationary sources other than fossil fuel power plants. Such
strategies and technologies shall be considered for existing and new
facilities, and shall to the extent possible be considered as part of the
design process for new facilities.
`(3) Improvements in strategies and technologies for preventing air
emissions from mobile sources, including development of, and evaluation
of the relative cost effectiveness of, methods for reducing emissions of
carbon dioxide from mobile sources.
`(4) Improvements in strategies and technologies for preventing air
emissions from nonpoint pollution sources.
`(5) Improvements in strategies and technologies for preventing, detecting,
and correcting accidental releases of hazardous air pollutants.
`(6) An analysis of the relative costs and benefits of tire disposal methods,
including a comparison of waste-to-energy methods to alternatives such as
asphalt rubber and polymer treatment of ground rubber, and the promotion
of improvements in strategies and technologies that dispose of tires in
ways that avoid adverse air quality impacts.
Nothing in this subsection shall be construed to authorize the imposition on
any person of air pollution control requirements. The Administrator shall
consult with other appropriate Federal agencies to ensure coordination and
to avoid duplication of activities authorized under this subsection.
`(h) COORDINATION OF RESEARCH- The Administrator shall develop and implement
a plan for identifying areas in which activities authorized under subsections
(c), (d), (f), and (g) can be carried out in conjunction with other Federal
ecological and air pollution research efforts. The plan, which shall be
submitted to Congress within 6 months after the date of enactment of this
subsection, shall include--
`(1) an assessment of ambient monitoring stations and networks to determine
cost effective ways to expand monitoring capabilities in both urban and
rural environments, including monitoring of air pollutants and other
airborne chemicals of concern;
`(2) a consideration of the extent of the feasibility and scientific value of
conducting the research program under subsection (e) to include consideration
of the effects of atmospheric processes and air pollution effects; and
`(3) a methodology for evaluating and ranking pollution prevention
technologies, such as those developed under subsection (f), in terms of
their ability to reduce cost effectively the emissions of air pollutants
and other airborne chemicals of concern.
Not later than 2 years after the date of enactment of this subsection,
and every 2 years thereafter, the Administrator shall report to Congress on
the progress made in implementing the plan developed under this subsection,
and shall include in such report any revisions of the plan.
`(i) ACID DEPOSITION RESPONSE ACTION- (1) The President shall submit to the
Congress, within 6 months after the date of enactment of this subsection,
a plan describing activities and assigning responsibilities for Federal
research on acid deposition, and including coordination of the activities
of the Administrator under this subsection.
`(2) The President shall develop, and submit to the Congress within 1 year
after the date of enactment of this subsection, an assessment framework
for reporting complicated technical information about acid deposition in
a manner useful to policymakers and the public to assist in formulating
a response. Such framework should include guidelines for the reporting of--
`(A) actual and projected annual emissions trends;
`(B) actual and projected acid deposition trends;
`(C) effects of such deposition, including changes in the chemistry of
surface water quality and forest conditions related to acid deposition;
`(D) average ambient concentrations of acid deposition precursors and
their transformation products; and
`(E) descriptions of the confidence level associated with each conclusion
to aid policymakers in using the information.
`(3) The President shall provide Congress with a report that delineates
research activities and results in accordance with the framework provided for
in paragraph (2), two years after the date of enactment of this subsection,
with updates biennially thereafter.
`(4) On the basis of the information provided in the updated assessments,
the President shall report to Congress on the reduction in deposition
rates that must be achieved in order to prevent adverse ecological effects.'.
(g) MISCELLANEOUS- (1) Section 104 is amended by striking `low-cost'
each place it appears and inserting in lieu thereof `cost-effective'.
(2) Section 104(c) is amended to read as follows:
`(c) CLEAN ALTERNATIVE FUELS- The Administrator shall conduct a research
program to identify, characterize, and predict air emissions and other
potential environmental effects related to the production, distribution,
storage, and use of clean alternative fuels to determine the risks and
benefits to human health and the environment relative to those from
using gasoline and diesel fuels. The Administrator shall consult with
other appropriate Federal agencies to ensure coordination and to avoid
duplication of activities authorized under this subsection.'.
(h) ASSESSMENT OF INTERNATIONAL AIR POLLUTION CONTROL TECHNOLOGIES-
The Administrator of the Environmental Protection Agency shall conduct
a study that compares international air pollution control technologies
of selected industrialized countries to determine if there exist air
pollution control technologies in countries outside the United States that
may have beneficial applications to this Nation's air pollution control
efforts. With respect to each country studied, the study shall include the
topics of urban air quality, motor vehicle emissions, toxic air emissions,
and acid deposition. The Administrator shall, within 2 years after the
date of enactment of this Act, submit to the Congress a report detailing
the results of such study.
(i) ADIRONDACK DESTRUCTION ASSESSMENT- The Administrator of the Environmental
Protection Agency shall establish a program to research the effects of
acid deposition on waters where acid deposition have been most acute. The
Administrator shall enter into a multi-year contract for such purposes
with an independent university which has a year-round field analytical
laboratory on a body of water of not less than 25,000 acres nor greater
than 75,000 acres, which lies within a geographic region designated as
a Biosphere Reserve by the Department of State. The facility must have
demonstrated the capability to analyze relevant data on said body of
water over a period of 20 years as well as extensive ecosystem modeling
capabilities. There is authorized to be appropriated to carry out this
subsection not less than $6,000,000.

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TITLE IX

-CLEAN AIR RESEARCH

(a) IN GENERAL- In providing for any research relating to the requirements
of the amendments made by the Clean Air Act Amendments of 1990 which uses
funds of the Environmental Protection Agency, the Administrator of the
Environmental Protection Agency shall require that each contract which is
to be entered into for such research provides that not less than 10 percent
of such research will be conducted by a disadvantaged business concern.
(b) DEFINITION-
(1)(A) For purposes of subsection (a), the term `disadvantaged business
concern' means a concern--
(i) which is at least 51 percent owned by one or more socially and
economically disadvantaged individuals or, in the case of a publicly traded
company, at least 51 percent of the stock of which is owned by one or more
socially and economically disadvantaged individuals; and
(ii) the management and daily business operaitons of which are controlled
by such individuals.
(B)(i) A for-profit business concern is presumed to be a disadvantaged
business concern for purposes of subsection (a) if it is at least 51 percent
owned by, or in the case of a concern which is a publicly traded company
at least 51 percent of the stock of the company is owned by, one or more
individuals who are members of the following groups:
(I) Black Americans.
(II) Hispanic Americans.
(III) Native Americans.
(IV) Asian Americans.
(V) Women.
(VI) Disabled.
(ii) The presumption established by clause (i) may be rebutted with respect
to a particular business concern if it is reasonably established that
the individual or individuals referred to in that clause with respect to
that business concern are not experiencing impediments to establishing or
developing such concern as a result of the individual's identification as
a member of a group specified in that clause.
(C) The following institutions are presumed to be disadvantaged business
concerns for purposes of subsection (a):
(i) Historically Black colleges and universities, and colleges and
universities having a student body in which 40 percent of the students
are Hispanic.
(ii) Minority institutions (as that term is defined by the Secretary of
Education pursuant to the General Education Provision Act (20 U.S.C. 1221
et seq.)).
(iii) Private and voluntary organizations controlled by individuals who
are socially and economically disadvantaged.
(D) A joint venture may be considered to be a disadvantaged business concern
under subsection (a), notwithstanding the size of such joint venture, if--
(i) a party to the joint venture is a disadvantaged business concern; and
(ii) that party owns at least 51 percent of the joint venture.
A person who is not an economically disadvantaged individual or a disadvantaged
business concern, as a party to a joint venture, may not be a party to
more than 2 awarded contracts in a fiscal year solely by reason of this
subparagraph.
(E) Nothing in this paragraph shall prohibit any member of a racial or
ethnic group that is not listed in subparagraph (B)(i) from establishing
that they have been impeded in establishing or developing a business
concern as a result of racial ethnic discrimination.

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or require the use of quotas or a requirement that has the effect of a
quota in determining eligibility under section 1001.
Amend the title so as to read: `An Act to amend the Clean Air Act to
provide for the attainment and maintenance of the national ambient air
quality standards, the control of toxic air pollutants, the prevention of
acid deposition, and other improvements in the quality of the Nation's air.'.
Attest:
Clerk.
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Clean Air Act Amendments of 1990

Other Sections