Text: S.1630 — 101st Congress (1989-1990)All Information (Except Text)

Text available as:

Shown Here:
Enrolled Bill

 
 
--S.1630--
S.1630
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
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.
 Be it enacted by the Senate and House of Representatives of the United
 States of America in Congress assembled,
TITLE I--PROVISIONS FOR ATTAINMENT AND MAINTENANCE OF NATIONAL AMBIENT AIR
QUALITY STANDARDS
Sec. 101. General planning requirements.
Sec. 102. General provisions for nonattainment areas.
Sec. 103. Additional provisions for ozone nonattainment areas.
Sec. 104. Additional provisions for carbon monoxide nonattainment areas.
Sec. 105. Additional provisions for particulate matter (PM-10) nonattainment
areas.
Sec. 106. Additional provisions for areas designated nonattainment for sulfur
oxides, nitrogen dioxide, and lead.
Sec. 107. Provisions related to Indian tribes.
Sec. 108. Miscellaneous provisions.
Sec. 109. Interstate pollution.
Sec. 110. Conforming amendments.
Sec. 111. Transportation system impacts on clean air.
SEC. 101. GENERAL PLANNING REQUIREMENTS.
 (a) AREA DESIGNATIONS- Section 107(d) of the Clean Air Act (42 U.S.C. 7407(d))
 is amended to read as follows:
 `(d) DESIGNATIONS-
 `(1) DESIGNATIONS GENERALLY-
 `(A) SUBMISSION BY GOVERNORS OF INITIAL DESIGNATIONS FOLLOWING PROMULGATION
 OF NEW OR REVISED STANDARDS- By such date as the Administrator may reasonably
 require, but not later than 1 year after promulgation of a new or revised
 national ambient air quality standard for any pollutant under section 109,
 the Governor of each State shall (and at any other time the Governor of
 a State deems appropriate the Governor may) submit to the Administrator a
 list of all areas (or portions thereof) in the State, designating as--
 `(i) nonattainment, any area that does not meet (or that contributes to
 ambient air quality in a nearby area that does not meet) the national
 primary or secondary ambient air quality standard for the pollutant,
 `(ii) attainment, any area (other than an area identified in clause (i))
 that meets the national primary or secondary ambient air quality standard
 for the pollutant, or
 `(iii) unclassifiable, any area that cannot be classified on the basis of
 available information as meeting or not meeting the national primary or
 secondary ambient air quality standard for the pollutant.
The Administrator may not require the Governor to submit the required list
sooner than 120 days after promulgating a new or revised national ambient
air quality standard.
 `(B) PROMULGATION BY EPA OF DESIGNATIONS- (i) Upon promulgation or revision
 of a national ambient air quality standard, the Administrator shall
 promulgate the designations of all areas (or portions thereof) submitted
 under subparagraph (A) as expeditiously as practicable, but in no case
 later than 2 years from the date of promulgation of the new or revised
 national ambient air quality standard. Such period may be extended for up
 to one year in the event the Administrator has insufficient information to
 promulgate the designations.
 `(ii) In making the promulgations required under clause (i), the Administrator
 may make such modifications as the Administrator deems necessary to the
 designations of the areas (or portions thereof) submitted under subparagraph
 (A) (including to the boundaries of such areas or portions thereof). Whenever
 the Administrator intends to make a modification, the Administrator shall
 notify the State and provide such State with an opportunity to demonstrate
 why any proposed modification is inappropriate. The Administrator shall give
 such notification no later than 120 days before the date the Administrator
 promulgates the designation, including any modification thereto. If the
 Governor fails to submit the list in whole or in part, as required under
 subparagraph (A), the Administrator shall promulgate the designation that
 the Administrator deems appropriate for any area (or portion thereof)
 not designated by the State.
 `(iii) If the Governor of any State, on the Governor's own motion,
 under subparagraph (A), submits a list of areas (or portions thereof)
 in the State designated as nonattainment, attainment, or unclassifiable,
 the Administrator shall act on such designations in accordance with the
 procedures under paragraph (3) (relating to redesignation).
 `(iv) A designation for an area (or portion thereof) made pursuant to
 this subsection shall remain in effect until the area (or portion thereof)
 is redesignated pursuant to paragraph (3) or (4).
 `(C) DESIGNATIONS BY OPERATION OF LAW- (i) Any area designated with respect
 to any air pollutant under the provisions of paragraph (1) (A), (B), or (C)
 of this subsection (as in effect immediately before the date of the enactment
 of the Clean Air Act Amendments of 1990) is designated, by operation of law,
 as a nonattainment area for such pollutant within the meaning of subparagraph
 (A)(i).
 `(ii) Any area designated with respect to any air pollutant under the
 provisions of paragraph (1)(E) (as in effect immediately before the date
 of the enactment of the Clean Air Act Amendments of 1990) is designated
 by operation of law, as an attainment area for such pollutant within the
 meaning of subparagraph (A)(ii).
 `(iii) Any area designated with respect to any air pollutant under the
 provisions of paragraph (1)(D) (as in effect immediately before the date
 of the enactment of the Clean Air Act Amendments of 1990) is designated,
 by operation of law, as an unclassifiable area for such pollutant within
 the meaning of subparagraph (A)(iii).
 `(2) PUBLICATION OF DESIGNATIONS AND REDESIGNATIONS- (A) The Administrator
 shall publish a notice in the Federal Register promulgating any designation
 under paragraph (1) or (5), or announcing any designation under paragraph
 (4), or promulgating any redesignation under paragraph (3).
 `(B) Promulgation or announcement of a designation under paragraph (1),
 (4) or (5) shall not be subject to the provisions of sections 553 through
 557 of title 5 of the United States Code (relating to notice and comment),
 except nothing herein shall be construed as precluding such public notice
 and comment whenever possible.
 `(3) REDESIGNATION- (A) Subject to the requirements of subparagraph (E),
 and on the basis of air quality data, planning and control considerations,
 or any other air quality-related considerations the Administrator deems
 appropriate, the Administrator may at any time notify the Governor of any
 State that available information indicates that the designation of any
 area or portion of an area within the State or interstate area should be
 revised. In issuing such notification, which shall be public, to the Governor,
 the Administrator shall provide such information as the Administrator may
 have available explaining the basis for the notice.
 `(B) No later than 120 days after receiving a notification under subparagraph
 (A), the Governor shall submit to the Administrator such redesignation,
 if any, of the appropriate area (or areas) or portion thereof within the
 State or interstate area, as the Governor considers appropriate.
 `(C) No later than 120 days after the date described in subparagraph
 (B) (or paragraph (1)(B)(iii)), the Administrator shall promulgate the
 redesignation, if any, of the area or portion thereof, submitted by the
 Governor in accordance with subparagraph (B), making such modifications as
 the Administrator may deem necessary, in the same manner and under the same
 procedure as is applicable under clause (ii) of paragraph (1)(B), except that
 the phrase `60 days' shall be substituted for the phrase `120 days' in that
 clause. If the Governor does not submit, in accordance with subparagraph
 (B), a redesignation for an area (or portion thereof) identified by the
 Administrator under subparagraph (A), the Administrator shall promulgate
 such redesignation, if any, that the Administrator deems appropriate.
 `(D) The Governor of any State may, on the Governor's own motion, submit to
 the Administrator a revised designation of any area or portion thereof within
 the State. Within 18 months of receipt of a complete State redesignation
 submittal, the Administrator shall approve or deny such redesignation. The
 submission of a redesignation by a Governor shall not affect the effectiveness
 or enforceability of the applicable implementation plan for the State.
 `(E) The Administrator may not promulgate a redesignation of a nonattainment
 area (or portion thereof) to attainment unless--
 `(i) the Administrator determines that the area has attained the national
 ambient air quality standard;
 `(ii) the Administrator has fully approved the applicable implementation
 plan for the area under section 110(k);
 `(iii) the Administrator determines that the improvement in air quality
 is due to permanent and enforceable reductions in emissions resulting from
 implementation of the applicable implementation plan and applicable Federal
 air pollutant control regulations and other permanent and enforceable
 reductions;
 `(iv) the Administrator has fully approved a maintenance plan for the area
 as meeting the requirements of section 175A; and
 `(v) the State containing such area has met all requirements applicable to
 the area under section 110 and part D.
 `(F) The Administrator shall not promulgate any redesignation of any area
 (or portion thereof) from nonattainment to unclassifiable.
 `(4) NONATTAINMENT DESIGNATIONS FOR OZONE, CARBON MONOXIDE AND PARTICULATE
 MATTER (PM-10)-
 `(A) OZONE AND CARBON MONOXIDE- (i) Within 120 days after the date of the
 enactment of the Clean Air Act Amendments of 1990, each Governor of each
 State shall submit to the Administrator a list that designates, affirms
 or reaffirms the designation of, or redesignates (as the case may be),
 all areas (or portions thereof) of the Governor's State as attainment,
 nonattainment, or unclassifiable with respect to the national ambient air
 quality standards for ozone and carbon monoxide.
 `(ii) No later than 120 days after the date the Governor is required to
 submit the list of areas (or portions thereof) required under clause (i)
 of this subparagraph, the Administrator shall promulgate such designations,
 making such modifications as the Administrator may deem necessary, in the
 same manner, and under the same procedure, as is applicable under clause (ii)
 of paragraph (1)(B), except that the phrase `60 days' shall be substituted
 for the phrase `120 days' in that clause. If the Governor does not submit,
 in accordance with clause (i) of this subparagraph, a designation for an area
 (or portion thereof), the Administrator shall promulgate the designation
 that the Administrator deems appropriate.
 `(iii) No nonattainment area may be redesignated as an attainment area
 under this subparagraph.
 `(iv) Notwithstanding paragraph (1)(C)(ii) of this subsection, if an ozone or
 carbon monoxide nonattainment area located within a metropolitan statistical
 area or consolidated metropolitan statistical area (as established by the
 Bureau of the Census) is classified under part D of this title as a Serious,
 Severe, or Extreme Area, the boundaries of such area are hereby revised
 (on the date 45 days after such classification) by operation of law to
 include the entire metropolitan statistical area or consolidated metropolitan
 statistical area, as the case may be, unless within such 45-day period the
 Governor (in consultation with State and local air pollution control agencies)
 notifies the Administrator that additional time is necessary to evaluate the
 application of clause (v). Whenever a Governor has submitted such a notice
 to the Administrator, such boundary revision shall occur on the later of the
 date 8 months after such classification or 14 months after the date of the
 enactment of the Clean Air Act Amendments of 1990 unless the Governor makes
 the finding referred to in clause (v), and the Administrator concurs in such
 finding, within such period. Except as otherwise provided in this paragraph,
 a boundary revision under this clause or clause (v) shall apply for purposes
 of any State implementation plan revision required to be submitted after
 the date of the enactment of the Clean Air Act Amendments of 1990.
 `(v) Whenever the Governor of a State has submitted a notice under clause
 (iv), the Governor, in consultation with State and local air pollution
 control agencies, shall undertake a study to evaluate whether the entire
 metropolitan statistical area or consolidated metropolitan statistical
 area should be included within the nonattainment area. Whenever a Governor
 finds and demonstrates to the satisfaction of the Administrator, and the
 Administrator concurs in such finding, that with respect to a portion of a
 metropolitan statistical area or consolidated metropolitan statistical area,
 sources in the portion do not contribute significantly to violation of the
 national ambient air quality standard, the Administrator shall approve the
 Governor's request to exclude such portion from the nonattainment area. In
 making such finding, the Governor and the Administrator shall consider factors
 such as population density, traffic congestion, commercial development,
 industrial development, meteorological conditions, and pollution transport.
 `(B) PM-10 DESIGNATIONS- By operation of law, until redesignation by the
 Administrator pursuant to paragraph (3)--
 `(i) each area identified in 52 Federal Register 29383 (Aug. 7, 1987) as
 a Group I area (except to the extent that such identification was modified
 by the Administrator before the date of the enactment of the Clean Air Act
 Amendments of 1990) is designated nonattainment for PM-10;
 `(ii) any area containing a site for which air quality monitoring data show
 a violation of the national ambient air quality standard for PM-10 before
 January 1, 1989 (as determined under part 50, appendix K of title 40 of the
 Code of Federal Regulations) is hereby designated nonattainment for PM-10; and
 `(iii) each area not described in clause (i) or (ii) is hereby designated
 unclassifiable for PM-10.
Any designation for particulate matter (measured in terms of total suspended
particulates) that the Administrator promulgated pursuant to this subsection
(as in effect immediately before the date of the enactment of the Clean Air
Act Amendments of 1990) shall remain in effect for purposes of implementing
the maximum allowable increases in concentrations of particulate matter
(measured in terms of total suspended particulates) pursuant to section
163(b), until the Administrator determines that such designation is no longer
necessary for that purpose.
 `(5) DESIGNATIONS FOR LEAD- The Administrator may, in the Administrator's
 discretion at any time the Administrator deems appropriate, require a State to
 designate areas (or portions thereof) with respect to the national ambient
 air quality standard for lead in effect as of the date of the enactment
 of the Clean Air Act Amendments of 1990, in accordance with the procedures
 under subparagraphs (A) and (B) of paragraph (1), except that in applying
 subparagraph (B)(i) of paragraph (1) the phrase `2 years from the date of
 promulgation of the new or revised national ambient air quality standard'
 shall be replaced by the phrase `1 year from the date the Administrator
 notifies the State of the requirement to designate areas with respect to
 the standard for lead'.'.
 (b) GENERAL REQUIREMENTS FOR IMPLEMENTATION PLANS- Section 110(a)(2) of
 the Clean Air Act (42 U.S.C. 7410(a)(2)) is amended to read as follows:
 `(2) Each implementation plan submitted by a State under this Act shall be
 adopted by the State after reasonable notice and public hearing. Each such
 plan shall--
 `(A) include enforceable emission limitations and other control measures,
 means, or techniques (including economic incentives such as fees, marketable
 permits, and auctions of emissions rights), as well as schedules and
 timetables for compliance, as may be necessary or appropriate to meet the
 applicable requirements of this Act;
 `(B) provide for establishment and operation of appropriate devices, methods,
 systems, and procedures necessary to--
 `(i) monitor, compile, and analyze data on ambient air quality, and
 `(ii) upon request, make such data available to the Administrator;
 `(C) include a program to provide for the enforcement of the measures
 described in subparagraph (A), and regulation of the modification and
 construction of any stationary source within the areas covered by the plan as
 necessary to assure that national ambient air quality standards are achieved,
 including a permit program as required in parts C and D;
 `(D) contain adequate provisions--
 `(i) prohibiting, consistent with the provisions of this title, any source
 or other type of emissions activity within the State from emitting any air
 pollutant in amounts which will--
 `(I) contribute significantly to nonattainment in, or interfere with
 maintenance by, any other State with respect to any such national primary
 or secondary ambient air quality standard, or
 `(II) interfere with measures required to be included in the applicable
 implementation plan for any other State under part C to prevent significant
 deterioration of air quality or to protect visibility,
 `(ii) insuring compliance with the applicable requirements of sections 126
 and 115 (relating to interstate and international pollution abatement);
 `(E) provide (i) necessary assurances that the State (or, except where the
 Administrator deems inappropriate, the general purpose local government or
 governments, or a regional agency designated by the State or general purpose
 local governments for such purpose) will have adequate personnel, funding,
 and authority under State (and, as appropriate, local) law to carry out such
 implementation plan (and is not prohibited by any provision of Federal or
 State law from carrying out such implementation plan or portion thereof),
 (ii) requirements that the State comply with the requirements respecting
 State boards under section 128, and (iii) necessary assurances that,
 where the State has relied on a local or regional government, agency, or
 instrumentality for the implementation of any plan provision, the State has
 responsibility for ensuring adequate implementation of such plan provision;
 `(F) require, as may be prescribed by the Administrator--
 `(i) the installation, maintenance, and replacement of equipment, and the
 implementation of other necessary steps, by owners or operators of stationary
 sources to monitor emissions from such sources,
 `(ii) periodic reports on the nature and amounts of emissions and
 emissions-related data from such sources, and
 `(iii) correlation of such reports by the State agency with any emission
 limitations or standards established pursuant to this Act, which reports
 shall be available at reasonable times for public inspection;
 `(G) provide for authority comparable to that in section 303 and adequate
 contingency plans to implement such authority;
 `(H) provide for revision of such plan--
 `(i) from time to time as may be necessary to take account of revisions
 of such national primary or secondary ambient air quality standard or the
 availability of improved or more expeditious methods of attaining such
 standard, and
 `(ii) except as provided in paragraph (3)(C), whenever the Administrator
 finds on the basis of information available to the Administrator that the
 plan is substantially inadequate to attain the national ambient air quality
 standard which it implements or to otherwise comply with any additional
 requirements established under this Act;
 `(I) in the case of a plan or plan revision for an area designated as a
 nonattainment area, meet the applicable requirements of part D (relating
 to nonattainment areas);
 `(J) meet the applicable requirements of section 121 (relating to
 consultation), section 127 (relating to public notification), and part C
 (relating to prevention of significant deterioration of air quality and
 visibility protection);
 `(K) provide for--
 `(i) the performance of such air quality modeling as the Administrator may
 prescribe for the purpose of predicting the effect on ambient air quality
 of any emissions of any air pollutant for which the Administrator has
 established a national ambient air quality standard, and
 `(ii) the submission, upon request, of data related to such air quality
 modeling to the Administrator;
 `(L) require the owner or operator of each major stationary source to pay
 to the permitting authority, as a condition of any permit required under
 this Act, a fee sufficient to cover--
 `(i) the reasonable costs of reviewing and acting upon any application for
 such a permit, and
 `(ii) if the owner or operator receives a permit for such source, the
 reasonable costs of implementing and enforcing the terms and conditions of
 any such permit (not including any court costs or other costs associated
 with any enforcement action),
until such fee requirement is superseded with respect to such sources by
the Administrator's approval of a fee program under title V; and
 `(M) provide for consultation and participation by local political
 subdivisions affected by the plan.'.
 (c) ADDITIONAL PROVISIONS- Section 110 of the Clean Air Act (42 U.S.C. 7410)
 is amended by adding the following at the end thereof:
 `(k) ENVIRONMENTAL PROTECTION AGENCY ACTION ON PLAN SUBMISSIONS-
 `(1) COMPLETENESS OF PLAN SUBMISSIONS-
 `(A) COMPLETENESS CRITERIA- Within 9 months after the date of the enactment
 of the Clean Air Act Amendments of 1990, the Administrator shall promulgate
 minimum criteria that any plan submission must meet before the Administrator
 is required to act on such submission under this subsection. The criteria
 shall be limited to the information necessary to enable the Administrator
 to determine whether the plan submission complies with the provisions of
 this Act.
 `(B) COMPLETENESS FINDING- Within 60 days of the Administrator's receipt
 of a plan or plan revision, but no later than 6 months after the date,
 if any, by which a State is required to submit the plan or revision, the
 Administrator shall determine whether the minimum criteria established
 pursuant to subparagraph (A) have been met. Any plan or plan revision that
 a State submits to the Administrator, and that has not been determined by
 the Administrator (by the date 6 months after receipt of the submission) to
 have failed to meet the minimum criteria established pursuant to subparagraph
 (A), shall on that date be deemed by operation of law to meet such minimum
 criteria.
 `(C) EFFECT OF FINDING OF INCOMPLETENESS- Where the Administrator determines
 that a plan submission (or part thereof) does not meet the minimum criteria
 established pursuant to subparagraph (A), the State shall be treated as
 not having made the submission (or, in the Administrator's discretion,
 part thereof).
 `(2) DEADLINE FOR ACTION- Within 12 months of a determination by the
 Administrator (or a determination deemed by operation of law) under
 paragraph (1) that a State has submitted a plan or plan revision (or, in the
 Administrator's discretion, part thereof) that meets the minimum criteria
 established pursuant to paragraph (1), if applicable (or, if those criteria
 are not applicable, within 12 months of submission of the plan or revision),
 the Administrator shall act on the submission in accordance with paragraph
 (3).
 `(3) FULL AND PARTIAL APPROVAL AND DISAPPROVAL- In the case of any submittal
 on which the Administrator is required to act under paragraph (2), the
 Administrator shall approve such submittal as a whole if it meets all of
 the applicable requirements of this Act. If a portion of the plan revision
 meets all the applicable requirements of this Act, the Administrator may
 approve the plan revision in part and disapprove the plan revision in
 part. The plan revision shall not be treated as meeting the requirements
 of this Act until the Administrator approves the entire plan revision as
 complying with the applicable requirements of this Act.
 `(4) CONDITIONAL APPROVAL- The Administrator may approve a plan revision
 based on a commitment of the State to adopt specific enforceable measures
 by a date certain, but not later than 1 year after the date of approval
 of the plan revision. Any such conditional approval shall be treated as a
 disapproval if the State fails to comply with such commitment.
 `(5) CALLS FOR PLAN REVISIONS- Whenever the Administrator finds that the
 applicable implementation plan for any area is substantially inadequate to
 attain or maintain the relevant national ambient air quality standard, to
 mitigate adequately the interstate pollutant transport described in section
 176A or section 184, or to otherwise comply with any requirement of this Act,
 the Administrator shall require the State to revise the plan as necessary
 to correct such inadequacies. The Administrator shall notify the State of
 the inadequacies, and may establish reasonable deadlines (not to exceed
 18 months after the date of such notice) for the submission of such plan
 revisions. Such findings and notice shall be public. Any finding under this
 paragraph shall, to the extent the Administrator deems appropriate, subject
 the State to the requirements of this Act to which the State was subject
 when it developed and submitted the plan for which such finding was made,
 except that the Administrator may adjust any dates applicable under such
 requirements as appropriate (except that the Administrator may not adjust
 any attainment date prescribed under part D, unless such date has elapsed).
 `(6) CORRECTIONS- Whenever the Administrator determines that the
 Administrator's action approving, disapproving, or promulgating any
 plan or plan revision (or part thereof), area designation, redesignation,
 classification, or reclassification was in error, the Administrator may in the
 same manner as the approval, disapproval, or promulgation revise such action
 as appropriate without requiring any further submission from the State. Such
 determination and the basis thereof shall be provided to the State and public.
 `(l) PLAN REVISIONS- Each revision to an implementation plan submitted by a
 State under this Act shall be adopted by such State after reasonable notice
 and public hearing. The Administrator shall not approve a revision of a plan
 if the revision would interfere with any applicable requirement concerning
 attainment and reasonable further progress (as defined in section 171),
 or any other applicable requirement of this Act.
 `(m) SANCTIONS- The Administrator may apply any of the sanctions listed in
 section 179(b) at any time (or at any time after) the Administrator makes
 a finding, disapproval, or determination under paragraphs (1) through (4),
 respectively, of section 179(a) in relation to any plan or plan item (as
 that term is defined by the Administrator) required under this Act, with
 respect to any portion of the State the Administrator determines reasonable
 and appropriate, for the purpose of ensuring that the requirements of this
 Act relating to such plan or plan item are met. The Administrator shall,
 by rule, establish criteria for exercising his authority under the previous
 sentence with respect to any deficiency referred to in section 179(a) to
 ensure that, during the 24-month period following the finding, disapproval,
 or determination referred to in section 179(a), such sanctions are not
 applied on a statewide basis where one or more political subdivisions
 covered by the applicable implementation plan are principally responsible
 for such deficiency.
 `(n) SAVINGS CLAUSES-
 `(1) EXISTING PLAN PROVISIONS- Any provision of any applicable implementation
 plan that was approved or promulgated by the Administrator pursuant to this
 section as in effect before the date of the enactment of the Clean Air
 Act Amendments of 1990 shall remain in effect as part of such applicable
 implementation plan, except to the extent that a revision to such provision
 is approved or promulgated by the Administrator pursuant to this Act.
 `(2) ATTAINMENT DATES- For any area not designated nonattainment, any plan
 or plan revision submitted or required to be submitted by a State--
 `(A) in response to the promulgation or revision of a national primary
 ambient air quality standard in effect on the date of the enactment of the
 Clean Air Act Amendments of 1990, or
 `(B) in response to a finding of substantial inadequacy under subsection
 (a)(2) (as in effect immediately before the date of the enactment of the
 Clean Air Act Amendments of 1990),
shall provide for attainment of the national primary ambient air quality
standards within 3 years of the date of the enactment of the Clean Air
Act Amendments of 1990 or within 5 years of issuance of such finding of
substantial inadequacy, whichever is later.
 `(3) RETENTION OF CONSTRUCTION MORATORIUM IN CERTAIN AREAS- In the case of
 an area to which, immediately before the date of the enactment of the Clean
 Air Act Amendments of 1990, the prohibition on construction or modification
 of major stationary sources prescribed in subsection (a)(2)(I) (as in effect
 immediately before the date of the enactment of the Clean Air Act Amendments
 of 1990) applied by virtue of a finding of the Administrator that the State
 containing such area had not submitted an implementation plan meeting the
 requirements of section 172(b)(6) (relating to establishment of a permit
 program) (as in effect immediately before the date of enactment of the Clean
 Air Act Amendments of 1990) or 172(a)(1) (to the extent such requirements
 relate to provision for attainment of the primary national ambient air quality
 standard for sulfur oxides by December 31, 1982) as in effect immediately
 before the date of the enactment of the Clean Air Act Amendments of 1990,
 no major stationary source of the relevant air pollutant or pollutants shall
 be constructed or modified in such area until the Administrator finds that
 the plan for such area meets the applicable requirements of section 172(c)(5)
 (relating to permit programs) or subpart 5 of part D (relating to attainment
 of the primary national ambient air quality standard for sulfur dioxide),
 respectively.'.
 (d) CONFORMING AMENDMENTS- Section 110 of the Clean Air Act (42 U.S.C. 7410)
 is amended as follows:
 (1) Strike out subparagraph (A) and subparagraph (D) of section 110(a)(3).
 (2) Strike out paragraph (4) of section 110(a).
 (3) In subsection (c)--
 (A) strike out subparagraph (A) of paragraph (2);
 (B) strike out paragraph (2)(C);
 (C) strike out paragraph (4); and
 (D) in paragraph (5)(B) strike out `(including the written evidence required
 by part D),'.
 (4) Strike subsection (d) and in section 302 (42 U.S.C. 7602) add the
 following new subsection after subsection (p):
 `(q) For purposes of this Act, the term `applicable implementation plan'
 means the portion (or portions) of the implementation plan, or most
 recent revision thereof, which has been approved under section 110, or
 promulgated under section 110(c), or promulgated or approved pursuant
 to regulations promulgated under section 301(d) and which implements the
 relevant requirements of this Act.'.
 (5) strike out subsection (e).
 (6) In subsection (g), strike `the required four month period' and insert
 `12 months of submission of the proposed plan revision'.
 (7) In subsection (h)--
 (A) strike `one year after the date of enactment of the Clean Air Act
 Amendments of 1977 and annually thereafter' and insert `5 years after the
 date of the enactment of the Clean Air Act Amendments of 1990, and every
 3 years thereafter'; and
 (B) strike the second sentence of paragraph (1).
 (8) In subsection (a)(1) strike `nine months' each place it appears and
 insert `3 years (or such shorter period as the Administrator may prescribe)'.
 (e) FEDERAL FACILITIES- The second sentence of section 118(a) of the
 Clean Air Act (42 U.S.C. 7418(a)) is amended to read as follows: `The
 preceding sentence shall apply (A) to any requirement whether substantive
 or procedural (including any recordkeeping or reporting requirement, any
 requirement respecting permits and any other requirement whatsoever), (B)
 to any requirement to pay a fee or charge imposed by any State or local
 agency to defray the costs of its air pollution regulatory program, (C)
 to the exercise of any Federal, State, or local administrative authority,
 and (D) to any process and sanction, whether enforced in Federal, State,
 or local courts, or in any other manner.'.
 (f) CONFORMITY REQUIREMENTS- Section 176(c) of the Clean Air Act (42
 U.S.C. 7506(c)) is amended by striking `(1)', `(2)', `(3)' and `(4)'
 where they appear, by inserting `(1)' after `(c)', striking `a plan' each
 place it appears and inserting in lieu thereof `an implementation plan'
 each place it appears and by adding the following at the end thereof:
 `Conformity to an implementation plan means--
 `(A) conformity to an implementation plan's purpose of eliminating or
 reducing the severity and number of violations of the national ambient air
 quality standards and achieving expeditious attainment of such standards; and
 `(B) that such activities will not--
 `(i) cause or contribute to any new violation of any standard in any area;
 `(ii) increase the frequency or severity of any existing violation of any
 standard in any area; or
 `(iii) delay timely attainment of any standard or any required interim
 emission reductions or other milestones in any area.
The determination of conformity shall be based on the most recent estimates
of emissions, and such estimates shall be determined from the most recent
population, employment, travel and congestion estimates as determined by
the metropolitan planning organization or other agency authorized to make
such estimates.
 `(2) Any transportation plan or program developed pursuant to title 23,
 United States Code, or the Urban Mass Transportation Act shall implement the
 transportation provisions of any applicable implementation plan approved
 under this Act applicable to all or part of the area covered by such
 transportation plan or program. No Federal agency may approve, accept or
 fund any transportation plan, program or project unless such plan, program
 or project has been found to conform to any applicable implementation plan
 in effect under this Act. In particular--
 `(A) no transportation plan or transportation improvement program may be
 adopted by a metropolitan planning organization designated under title 23,
 United States Code, or the Urban Mass Transportation Act, or be found to
 be in conformity by a metropolitan planning organization until a final
 determination has been made that emissions expected from implementation
 of such plans and programs are consistent with estimates of emissions
 from motor vehicles and necessary emissions reductions contained in the
 applicable implementation plan, and that the plan or program will conform
 to the requirements of paragraph (1)(B);
 `(B) no metropolitan planning organization or other recipient of funds
 under title 23, United States Code, or the Urban Mass Transportation Act
 shall adopt or approve a transportation improvement program of projects
 until it determines that such program provides for timely implementation
 of transportation control measures consistent with schedules included in
 the applicable implementation plan;
 `(C) a transportation project may be adopted or approved by a metropolitan
 planning organization or any recipient of funds designated under title
 23, United States Code, or the Urban Mass Transportation Act, or found in
 conformity by a metropolitan planning organization or approved, accepted,
 or funded by the Department of Transportation only if it meets either the
 requirements of subparagraph (D) or the following requirements--
 `(i) such a project comes from a conforming plan and program;
 `(ii) the design concept and scope of such project have not changed
 significantly since the conformity finding regarding the plan and program
 from which the project derived; and
 `(iii) the design concept and scope of such project at the time of the
 conformity determination for the program was adequate to determine emissions.
 `(D) Any project not referred to in subparagraph (C) shall be treated as
 conforming to the applicable implementation plan only if it is demonstrated
 that the projected emissions from such project, when considered together with
 emissions projected for the conforming transportation plans and programs
 within the nonattainment area, do not cause such plans and programs to
 exceed the emission reduction projections and schedules assigned to such
 plans and programs in the applicable implementation plan.
 `(3) Until such time as the implementation plan revision referred to in
 paragraph (4)(C) is approved, conformity of such plans, programs, and
 projects will be demonstrated if--
 `(A) the transportation plans and programs--
 `(i) are consistent with the most recent estimates of mobile source emissions;
 `(ii) provide for the expeditious implementation of transportation control
 measures in the applicable implementation plan; and
 `(iii) with respect to ozone and carbon monoxide nonattainment areas,
 contribute to annual emissions reductions consistent with sections 182(b)(1)
 and 187(a)(7); and
 `(B) the transportation projects--
 `(i) come from a conforming transportation plan and program as defined in
 subparagraph (A) or for 12 months after the date of the enactment of the
 Clean Air Act Amendments of 1990, from a transportation program found to
 conform within 3 years prior to such date of enactment; and
 `(ii) in carbon monoxide nonattainment areas, eliminate or reduce the
 severity and number of violations of the carbon monoxide standards in the
 area substantially affected by the project.
With regard to subparagraph (B)(ii), such determination may be made as part
of either the conformity determination for the transportation program or
for the individual project taken as a whole during the environmental review
phase of project development.
 `(4)(A) No later than one year after the date of enactment of the Clean
 Air Act Amendments of 1990, the Administrator shall promulgate criteria and
 procedures for determining conformity (except in the case of transportation
 plans, programs, and projects) of, and for keeping the Administrator informed
 about, the activities referred to in paragraph (1). No later than one year
 after such date of enactment, the Administrator, with the concurrence of the
 Secretary of Transportation, shall promulgate criteria and procedures for
 demonstrating and assuring conformity in the case of transportation plans,
 programs, and projects. A suit may be brought against the Administrator and
 the Secretary of Transportation under section 304 to compel promulgation
 of such criteria and procedures and the Federal district court shall have
 jurisdiction to order such promulgation.
 `(B) The procedures and criteria shall, at a minimum--
 `(i) address the consultation procedures to be undertaken by metropolitan
 planning organizations and the Secretary of Transportation with State and
 local air quality agencies and State departments of transportation before
 such organizations and the Secretary make conformity determinations;
 `(ii) address the appropriate frequency for making conformity determinations,
 but in no case shall such determinations for transportation plans and
 programs be less frequent than every three years; and
 `(iii) address how conformity determinations will be made with respect to
 maintenance plans.
 `(C) Such procedures shall also include a requirement that each State shall
 submit to the Administrator and the Secretary of Transportation within 24
 months of such date of enactment, a revision to its implementation plan
 that includes criteria and procedures for assessing the conformity of any
 plan, program, or project subject to the conformity requirements of this
 subsection.'.
SEC. 102. GENERAL PROVISIONS FOR NONATTAINMENT AREAS.
 (a) DEFINITIONS- (1) Part D of title I of the Clean Air Act is amended by
 inserting immediately after `PART D--PLAN REQUIREMENTS FOR NONATTAINMENT
 AREAS' the following:
`Subpart 1--Nonattainment Areas in General
`Sec. 171. Definitions.
`Sec. 172. Nonattainment plan provisions.
`Sec. 173. Permit requirements.
`Sec. 174. Planning procedures.
`Sec. 175. Environmental Protection Agency grants.
`Sec. 176. Limitations on certain Federal assistance.
`Sec. 177. New motor vehicle emission standards in nonattainment areas.
`Sec. 178. Guidance documents.'.
 (2) Section 171 of the Clean Air Act (42 U.S.C. 7501) is amended as follows:
 (A) In the introductory language, strike out `and section 110(a)(2)(I)'.
 (B) Amend paragraph (1) to read as follows:
 `(1) REASONABLE FURTHER PROGRESS- The term `reasonable further progress'
 means such annual incremental reductions in emissions of the relevant air
 pollutant as are required by this part or may reasonably be required by
 the Administrator for the purpose of ensuring attainment of the applicable
 national ambient air quality standard by the applicable date.'.
 (C) Amend paragraph (2) to read as follows:
 `(2) NONATTAINMENT AREA- The term `nonattainment area' means, for any air
 pollutant, an area which is designated `nonattainment' with respect to that
 pollutant within the meaning of section 107(d).'.
 (b) NONATTAINMENT PLAN PROVISIONS IN GENERAL- Section 172 (42 U.S.C. 7502)
 of the Clean Air Act is amended to read as follows:
`SEC. 172. NONATTAINMENT PLAN PROVISIONS IN GENERAL.
 `(a) CLASSIFICATIONS AND ATTAINMENT DATES-
 `(1) CLASSIFICATIONS- (A) On or after the date the Administrator promulgates
 the designation of an area as a nonattainment area pursuant to section 107(d)
 with respect to any national ambient air quality standard (or any revised
 standard, including a revision of any standard in effect on the date of the
 enactment of the Clean Air Act Amendments of 1990), the Administrator may
 classify the area for the purpose of applying an attainment date pursuant
 to paragraph (2), and for other purposes. In determining the appropriate
 classification, if any, for a nonattainment area, the Administrator may
 consider such factors as the severity of nonattainment in such area and
 the availability and feasibility of the pollution control measures that
 the Administrator believes may be necessary to provide for attainment of
 such standard in such area.
 `(B) The Administrator shall publish a notice in the Federal Register
 announcing each classification under subparagraph (A), except the
 Administrator shall provide an opportunity for at least 30 days for written
 comment. Such classification shall not be subject to the provisions of
 sections 553 through 557 of title 5 of the United States Code (concerning
 notice and comment) and shall not be subject to judicial review until the
 Administrator takes final action under subsection (k) or (l) of section
 110 (concerning action on plan submissions) or section 179 (concerning
 sanctions) with respect to any plan submissions required by virtue of such
 classification.
 `(C) This paragraph shall not apply with respect to nonattainment areas for
 which classifications are specifically provided under other provisions of
 this part.
 `(2) ATTAINMENT DATES FOR NONATTAINMENT AREAS- (A) The attainment date for
 an area designated nonattainment with respect to a national primary ambient
 air quality standard shall be the date by which attainment can be achieved
 as expeditiously as practicable, but no later than 5 years from the date
 such area was designated nonattainment under section 107(d), except that the
 Administrator may extend the attainment date to the extent the Administrator
 determines appropriate, for a period no greater than 10 years from the date
 of designation as nonattainment, considering the severity of nonattainment
 and the availability and feasibility of pollution control measures.
 `(B) The attainment date for an area designated nonattainment with respect
 to a secondary national ambient air quality standard shall be the date by
 which attainment can be achieved as expeditiously as practicable after the
 date such area was designated nonattainment under section 107(d).
 `(C) Upon application by any State, the Administrator may extend for 1
 additional year (hereinafter referred to as the `Extension Year') the
 attainment date determined by the Administrator under subparagraph (A) or
 (B) if--
 `(i) the State has complied with all requirements and commitments pertaining
 to the area in the applicable implementation plan, and
 `(ii) in accordance with guidance published by the Administrator, no more than
 a minimal number of exceedances of the relevant national ambient air quality
 standard has occurred in the area in the year preceding the Extension Year.
No more than 2 one-year extensions may be issued under this subparagraph
for a single nonattainment area.
 `(D) This paragraph shall not apply with respect to nonattainment areas for
 which attainment dates are specifically provided under other provisions of
 this part.
 `(b) SCHEDULE FOR PLAN SUBMISSIONS- At the time the Administrator promulgates
 the designation of an area as nonattainment with respect to a national ambient
 air quality standard under section 107(d), the Administrator shall establish
 a schedule according to which the State containing such area shall submit
 a plan or plan revision (including the plan items) meeting the applicable
 requirements of subsection (c) and section 110(a)(2). Such schedule shall
 at a minimum, include a date or dates, extending no later than 3 years from
 the date of the nonattainment designation, for the submission of a plan or
 plan revision (including the plan items) meeting the applicable requirements
 of subsection (c) and section 110(a)(2).
 `(c) NONATTAINMENT PLAN PROVISIONS- The plan provisions (including plan
 items) required to be submitted under this part shall comply with each of
 the following:
 `(1) IN GENERAL- Such plan provisions shall provide for the implementation
 of all reasonably available control measures as expeditiously as practicable
 (including such reductions in emissions from existing sources in the area as
 may be obtained through the adoption, at a minimum, of reasonably available
 control technology) and shall provide for attainment of the national primary
 ambient air quality standards.
 `(2) RFP- Such plan provisions shall require reasonable further progress.
 `(3) INVENTORY- Such plan provisions shall include a comprehensive, accurate,
 current inventory of actual emissions from all sources of the relevant
 pollutant or pollutants in such area, including such periodic revisions as
 the Administrator may determine necessary to assure that the requirements
 of this part are met.
 `(4) IDENTIFICATION AND QUANTIFICATION- Such plan provisions shall expressly
 identify and quantify the emissions, if any, of any such pollutant or
 pollutants which will be allowed, in accordance with section 173(a)(1)(B),
 from the construction and operation of major new or modified stationary
 sources in each such area. The plan shall demonstrate to the satisfaction
 of the Administrator that the emissions quantified for this purpose will be
 consistent with the achievement of reasonable further progress and will not
 interfere with attainment of the applicable national ambient air quality
 standard by the applicable attainment date.
 `(5) PERMITS FOR NEW AND MODIFIED MAJOR STATIONARY SOURCES- Such plan
 provisions shall require permits for the construction and operation of new
 or modified major stationary sources anywhere in the nonattainment area,
 in accordance with section 173.
 `(6) OTHER MEASURES- Such plan provisions shall include enforceable emission
 limitations, and such other control measures, means or techniques (including
 economic incentives such as fees, marketable permits, and auctions of
 emission rights), as well as schedules and timetables for compliance, as
 may be necessary or appropriate to provide for attainment of such standard
 in such area by the applicable attainment date specified in this part.
 `(7) COMPLIANCE WITH SECTION 110(a)(2)- Such plan provisions shall also
 meet the applicable provisions of section 110(a)(2).
 `(8) EQUIVALENT TECHNIQUES- Upon application by any State, the Administrator
 may allow the use of equivalent modeling, emission inventory, and planning
 procedures, unless the Administrator determines that the proposed techniques
 are, in the aggregate, less effective than the methods specified by the
 Administrator.
 `(9) CONTINGENCY MEASURES- Such plan shall provide for the implementation
 of specific measures to be undertaken if the area fails to make reasonable
 further progress, or to attain the national primary ambient air quality
 standard by the attainment date applicable under this part. Such measures
 shall be included in the plan revision as contingency measures to take effect
 in any such case without further action by the State or the Administrator.
 `(d) PLAN REVISIONS REQUIRED IN RESPONSE TO FINDING OF PLAN INADEQUACY-
 Any plan revision for a nonattainment area which is required to be submitted
 in response to a finding by the Administrator pursuant to section 110(k)(5)
 (relating to calls for plan revisions) must correct the plan deficiency (or
 deficiencies) specified by the Administrator and meet all other applicable
 plan requirements of section 110 and this part. The Administrator may
 reasonably adjust the dates otherwise applicable under such requirements to
 such revision (except for attainment dates that have not yet elapsed), to the
 extent necessary to achieve a consistent application of such requirements. In
 order to facilitate submittal by the States of adequate and approvable plans
 consistent with the applicable requirements of this Act, the Administrator
 shall, as appropriate and from time to time, issue written guidelines,
 interpretations, and information to the States which shall be available to
 the public, taking into consideration any such guidelines, interpretations,
 or information provided before the date of the enactment of the Clean Air
 Act Amendments of 1990.
 `(e) FUTURE MODIFICATION OF STANDARD- If the Administrator relaxes a national
 primary ambient air quality standard after the date of the enactment of the
 Clean Air Act Amendments of 1990, the Administrator shall, within 12 months
 after the relaxation, promulgate requirements applicable to all areas which
 have not attained that standard as of the date of such relaxation. Such
 requirements shall provide for controls which are not less stringent than
 the controls applicable to areas designated nonattainment before such
 relaxation.'.
 (c) NEW SOURCE PERMIT REQUIREMENTS- Section 173 of the Clean Air Act (42
 U.S.C. 7503) is amended as follows:
 (1) Strike the center heading and `SEC. 173.' and insert:
`SEC. 173. PERMIT REQUIREMENTS.'.
 (2) Insert `(a) IN GENERAL- ' before the first sentence.
 (3) Insert the following after `(1)': `in accordance with regulations issued
 by the Administrator for the determination of baseline emissions in a manner
 consistent with the assumptions underlying the applicable implementation
 plan approved under section 110 and this part,'.
 (4) Make the following amendments in subparagraph (A) of paragraph (1):
 (A) Insert `sufficient offsetting emissions reductions have been obtained,
 such that' immediately after the comma following `commence operation'.
 (B) Strike `allowed under the applicable implementation plan' and insert
 `(as determined in accordance with the regulations under this paragraph)'.
 (5) Make the following amendments in subparagraph (B) of paragraph (1):
 (A) Insert `in the case of a new or modified major stationary source which
 is located in a zone (within the nonattainment area) identified by the
 Administrator, in consultation with the Secretary of Housing and Urban
 Development, as a zone to which economic development should be targeted,'
 at the beginning thereof.
 (B) Strike `172(b)' and insert `172(c)'.
 (6) Make the following amendments in paragraph (4):
 (A) Insert `the Administrator has not determined that' after `(4)'.
 (B) Strike `being carried out' and insert `not being adequately implemented'.
 (C) Replace the period at the end thereof with `; and'.
 (7) Add the following new paragraph after paragraph (4):
 `(5) an analysis of alternative sites, sizes, production processes, and
 environmental control techniques for such proposed source demonstrates that
 benefits of the proposed source significantly outweigh the environmental
 and social costs imposed as a result of its location, construction,
 or modification.'.
 (8) Strike `(1)(A) shall be legally binding' in the concluding sentence of
 subsection (a), as redesignated by this subsection and insert `(1) shall
 be federally enforceable'.
 (9) Add a new subsection (b) to read as follows:
 `(b) PROHIBITION ON USE OF OLD GROWTH ALLOWANCES- Any growth allowance
 included in an applicable implementation plan to meet the requirements of
 section 172(b)(5) (as in effect immediately before the date of the enactment
 of the Clean Air Act Amendments of 1990) shall not be valid for use in any
 area that received or receives a notice under section 110(a)(2)(H)(ii)
 (as in effect immediately before the date of the enactment of the Clean
 Air Act Amendments of 1990) or under section 110(k)(1) that its applicable
 implementation plan containing such allowance is substantially inadequate.'.
 (10) Add the following new subsections at the end thereof:
 `(c) OFFSETS- (1) The owner or operator of a new or modified major stationary
 source may comply with any offset requirement in effect under this part
 for increased emissions of any air pollutant only by obtaining emission
 reductions of such air pollutant from the same source or other sources in the
 same nonattainment area, except that the State may allow the owner or operator
 of a source to obtain such emission reductions in another nonattainment area
 if (A) the other area has an equal or higher nonattainment classification
 than the area in which the source is located and (B) emissions from such
 other area contribute to a violation of the national ambient air quality
 standard in the nonattainment area in which the source is located. Such
 emission reductions shall be, by the time a new or modified source commences
 operation, in effect and enforceable and shall assure that the total tonnage
 of increased emissions of the air pollutant from the new or modified source
 shall be offset by an equal or greater reduction, as applicable, in the actual
 emissions of such air pollutant from the same or other sources in the area.
 `(2) Emission reductions otherwise required by this Act shall not
 be creditable as emissions reductions for purposes of any such offset
 requirement. Incidental emission reductions which are not otherwise required
 by this Act shall be creditable as emission reductions for such purposes
 if such emission reductions meet the requirements of paragraph (1).
 `(d) CONTROL TECHNOLOGY INFORMATION- The State shall provide that control
 technology information from permits issued under this section will be
 promptly submitted to the Administrator for purposes of making such
 information available through the RACT/BACT/LAER clearinghouse to other
 States and to the general public.
 `(e) ROCKET ENGINES OR MOTORS- The permitting authority of a State shall allow
 a source to offset by alternative or innovative means emission increases
 from rocket engine and motor firing, and cleaning related to such firing,
 at an existing or modified major source that tests rocket engines or motors
 under the following conditions:
 `(1) Any modification proposed is solely for the purpose of expanding the
 testing of rocket engines or motors at an existing source that is permitted
 to test such engines on the date of enactment of this subsection.
 `(2) The source demonstrates to the satisfaction of the permitting authority
 of the State that it has used all reasonable means to obtain and utilize
 offsets, as determined on an annual basis, for the emissions increases
 beyond allowable levels, that all available offsets are being used, and
 that sufficient offsets are not available to the source.
 `(3) The source has obtained a written finding from the Department of Defense,
 Department of Transportation, National Aeronautics and Space Administration or
 other appropriate Federal agency, that the testing of rocket motors or engines
 at the facility is required for a program essential to the national security.
 `(4) The source will comply with an alternative measure, imposed by the
 permitting authority, designed to offset any emission increases beyond
 permitted levels not directly offset by the source. In lieu of imposing
 any alternative offset measures, the permitting authority may impose an
 emissions fee to be paid to such authority of a State which shall be an
 amount no greater than 1.5 times the average cost of stationary source
 control measures adopted in that area during the previous 3 years. The
 permitting authority shall utilize the fees in a manner that maximizes the
 emissions reductions in that area.'.
 (d) PLANNING PROCEDURES- Section 174 (42 U.S.C. 7504) of the Clean Air Act
 is amended to read as follows:
`SEC. 174. PLANNING PROCEDURES.
 `(a) IN GENERAL- For any ozone, carbon monoxide, or PM-10 nonattainment
 area, the State containing such area and elected officials of affected local
 governments shall, before the date required for submittal of the inventory
 described under sections 182(a)(1) and 187(a)(1), jointly review and update
 as necessary the planning procedures adopted pursuant to this subsection
 as in effect immediately before the date of the enactment of the Clean Air
 Act Amendments of 1990, or develop new planning procedures pursuant to
 this subsection, as appropriate. In preparing such procedures the State
 and local elected officials shall determine which elements of a revised
 implementation plan will be developed, adopted, and implemented (through
 means including enforcement) by the State and which by local governments
 or regional agencies, or any combination of local governments, regional
 agencies, or the State. The implementation plan required by this part shall
 be prepared by an organization certified by the State, in consultation
 with elected officials of local governments and in accordance with the
 determination under the second sentence of this subsection. Such organization
 shall include elected officials of local governments in the affected area,
 and representatives of the State air quality planning agency, the State
 transportation planning agency, the metropolitan planning organization
 designated to conduct the continuing, cooperative and comprehensive
 transportation planning process for the area under section 134 of title
 23, United States Code, the organization responsible for the air quality
 maintenance planning process under regulations implementing this Act, and
 any other organization with responsibilities for developing, submitting,
 or implementing the plan required by this part. Such organization may be
 one that carried out these functions before the date of the enactment of
 the Clean Air Act Amendments of 1990.
 `(b) COORDINATION- The preparation of implementation plan provisions and
 subsequent plan revisions under the continuing transportation-air quality
 planning process described in section 108(e) shall be coordinated with the
 continuing, cooperative and comprehensive transportation planning process
 required under section 134 of title 23, United States Code, and such planning
 processes shall take into account the requirements of this part.
 `(c) JOINT PLANNING- In the case of a nonattainment area that is included
 within more than one State, the affected States may jointly, through
 interstate compact or otherwise, undertake and implement all or part of
 the planning procedures described in this section.'.
 (e) MAINTENANCE PLANS- After section 175 of the Clean Air Act insert:
`SEC. 175A. MAINTENANCE PLANS.
 `(a) PLAN REVISION- Each State which submits a request under section 107(d)
 for redesignation of a nonattainment area for any air pollutant as an area
 which has attained the national primary ambient air quality standard for
 that air pollutant shall also submit a revision of the applicable State
 implementation plan to provide for the maintenance of the national primary
 ambient air quality standard for such air pollutant in the area concerned
 for at least 10 years after the redesignation. The plan shall contain such
 additional measures, if any, as may be necessary to ensure such maintenance.
 `(b) SUBSEQUENT PLAN REVISIONS- 8 years after redesignation of any area
 as an attainment area under section 107(d), the State shall submit to the
 Administrator an additional revision of the applicable State implementation
 plan for maintaining the national primary ambient air quality standard for
 10 years after the expiration of the 10-year period referred to in subsection
 (a).
 `(c) NONATTAINMENT REQUIREMENTS APPLICABLE PENDING PLAN APPROVAL- Until
 such plan revision is approved and an area is redesignated as attainment
 for any area designated as a nonattainment area, the requirements of this
 part shall continue in force and effect with respect to such area.
 `(d) CONTINGENCY PROVISIONS- Each plan revision submitted under this section
 shall contain such contingency provisions as the Administrator deems
 necessary to assure that the State will promptly correct any violation
 of the standard which occurs after the redesignation of the area as an
 attainment area. Such provisions shall include a requirement that the State
 will implement all measures with respect to the control of the air pollutant
 concerned which were contained in the State implementation plan for the area
 before redesignation of the area as an attainment area. The failure of any
 area redesignated as an attainment area to maintain the national ambient
 air quality standard concerned shall not result in a requirement that
 the State revise its State implementation plan unless the Administrator,
 in the Administrator's discretion, requires the State to submit a revised
 State implementation plan.'.
 (f) INTERSTATE TRANSPORT PROVISIONS-
 (1) INTERSTATE TRANSPORT COMMISSIONS- After section 176 of the Clean Air Act
 (42 U.S.C. 7506) insert:
`SEC. 176A. INTERSTATE TRANSPORT COMMISSIONS.
 `(a) AUTHORITY TO ESTABLISH INTERSTATE TRANSPORT REGIONS- Whenever, on the
 Administrator's own motion or by petition from the Governor of any State,
 the Administrator has reason to believe that the interstate transport
 of air pollutants from one or more States contributes significantly to
 a violation of a national ambient air quality standard in one or more
 other States, the Administrator may establish, by rule, a transport region
 for such pollutant that includes such States. The Administrator, on the
 Administrator's own motion or upon petition from the Governor of any State,
 or upon the recommendation of a transport commission established under
 subsection (b), may--
 `(1) add any State or portion of a State to any region established under
 this subsection whenever the Administrator has reason to believe that
 the interstate transport of air pollutants from such State significantly
 contributes to a violation of the standard in the transport region, or
 `(2) remove any State or portion of a State from the region whenever the
 Administrator has reason to believe that the control of emissions in that
 State or portion of the State pursuant to this section will not significantly
 contribute to the attainment of the standard in any area in the region.
The Administrator shall approve or disapprove any such petition or
recommendation within 18 months of its receipt. The Administrator shall
establish appropriate proceedings for public participation regarding such
petitions and motions, including notice and comment.
 `(b) TRANSPORT COMMISSIONS-
 `(1) ESTABLISHMENT- Whenever the Administrator establishes a transport
 region under subsection (a), the Administrator shall establish a transport
 commission comprised of (at a minimum) each of the following members:
 `(A) The Governor of each State in the region or the designee of each
 such Governor.
 `(B) The Administrator or the Administrator's designee.
 `(C) The Regional Administrator (or the Administrator's designee) for each
 Regional Office for each Environmental Protection Agency Region affected
 by the transport region concerned.
 `(D) An air pollution control official representing each State in the region,
 appointed by the Governor.
Decisions of, and recommendations and requests to, the Administrator by each
transport commission may be made only by a majority vote of all members other
than the Administrator and the Regional Administrators (or designees thereof).
 `(2) RECOMMENDATIONS- The transport commission shall assess the degree
 of interstate transport of the pollutant or precursors to the pollutant
 throughout the transport region, assess strategies for mitigating the
 interstate pollution, and recommend to the Administrator such measures as
 the Commission determines to be necessary to ensure that the plans for
 the relevant States meet the requirements of section 110(a)(2)(D). Such
 commission shall not be subject to the provisions of the Federal Advisory
 Committee Act (5 U.S.C. App.).
 `(c) COMMISSION REQUESTS- A transport commission established under subsection
 (b) may request the Administrator to issue a finding under section 110(k)(5)
 that the implementation plan for one or more of the States in the transport
 region is substantially inadequate to meet the requirements of section
 110(a)(2)(D). The Administrator shall approve, disapprove, or partially
 approve and partially disapprove such a request within 18 months of its
 receipt and, to the extent the Administrator approves such request, issue
 the finding under section 110(k)(5) at the time of such approval. In acting
 on such request, the Administrator shall provide an opportunity for public
 participation and shall address each specific recommendation made by the
 commission. Approval or disapproval of such a request shall constitute
 final agency action within the meaning of section 307(b).'.
 (2) AMENDMENTS CONFORMING TO TRANSPORT PROVISIONS- Section 106 of the Clean
 Air Act (42 U.S.C. 7406) is amended as follows:
 (A) Insert `or of implementing section 176A (relating to control of interstate
 air pollution) or section 184 (relating to control of interstate ozone
 pollution)' immediately following `section 107'.
 (B) Insert `any commission established under section 176A (relating to
 control of interstate air pollution) or section 184 (relating to control
 of interstate ozone pollution) or' immediately following `program costs of'.
 (C) Insert `or such commission' in the last sentence immediately following
 `such agency'.
 (D) Insert `or commission' at the end thereof, immediately before the period.
 (g) SANCTIONS- After section 178 of the Clean Air Act (42 U.S.C. 7508) insert:
`SEC. 179. SANCTIONS AND CONSEQUENCES OF FAILURE TO ATTAIN.
 `(a) STATE FAILURE- For any implementation plan or plan revision required
 under this part (or required in response to a finding of substantial
 inadequacy as described in section 110(k)(5)), if the Administrator--
 `(1) finds that a State has failed, for an area designated nonattainment under
 section 107(d), to submit a plan, or to submit 1 or more of the elements
 (as determined by the Administrator) required by the provisions of this
 Act applicable to such an area, or has failed to make a submission for such
 an area that satisfies the minimum criteria established in relation to any
 such element under section 110(k),
 `(2) disapproves a submission under section 110(k), for an area designated
 nonattainment under section 107, based on the submission's failure to meet
 one or more of the elements required by the provisions of this Act applicable
 to such an area,
 `(3)(A) determines that a State has failed to make any submission as may be
 required under this Act, other than one described under paragraph (1) or (2),
 including an adequate maintenance plan, or has failed to make any submission,
 as may be required under this Act, other than one described under paragraph
 (1) or (2), that satisfies the minimum criteria established in relation to
 such submission under section 110(k)(1)(A), or
 `(B) disapproves in whole or in part a submission described under subparagraph
 (A), or
 `(4) finds that any requirement of an approved plan (or approved part of
 a plan) is not being implemented,
unless such deficiency has been corrected within 18 months after the finding,
disapproval, or determination referred to in paragraphs (1), (2), (3), and (4),
one of the sanctions referred to in subsection (b) shall apply, as selected
by the Administrator, until the Administrator determines that the State has
come into compliance, except that if the Administrator finds a lack of good
faith, sanctions under both paragraph (1) and paragraph (2) of subsection (b)
shall apply until the Administrator determines that the State has come into
compliance. If the Administrator has selected one of such sanctions and the
deficiency has not been corrected within 6 months thereafter, sanctions under
both paragraph (1) and paragraph (2) of subsection (b) shall apply until the
Administrator determines that the State has come into compliance. In addition
to any other sanction applicable as provided in this section, the Administrator
may withhold all or part of the grants for support of air pollution planning
and control programs that the Administrator may award under section 105.
 `(b) SANCTIONS- The sanctions available to the Administrator as provided
 in subsection (a) are as follows:
 `(1) HIGHWAY SANCTIONS- (A) The Administrator may impose a prohibition,
 applicable to a nonattainment area, on the approval by the Secretary of
 Transportation of any projects or the awarding by the Secretary of any
 grants, under title 23, United States Code, other than projects or grants
 for safety where the Secretary determines, based on accident or other
 appropriate data submitted by the State, that the principal purpose of
 the project is an improvement in safety to resolve a demonstrated safety
 problem and likely will result in a significant reduction in, or avoidance
 of, accidents.  Such prohibition shall become effective upon the selection
 by the Administrator of this sanction.
 `(B) In addition to safety, projects or grants that may be approved by
 the Secretary, notwithstanding the prohibition in subparagraph (A), are
 the following--
 `(i) capital programs for public transit;
 `(ii) construction or restriction of certain roads or lanes solely for the
 use of passenger buses or high occupancy vehicles;
 `(iii) planning for requirements for employers to reduce employee
 work-trip-related vehicle emissions;
 `(iv) highway ramp metering, traffic signalization, and related programs
 that improve traffic flow and achieve a net emission reduction;
 `(v) fringe and transportation corridor parking facilities serving multiple
 occupancy vehicle programs or transit operations;
 `(vi) programs to limit or restrict vehicle use in downtown areas or other
 areas of emission concentration particularly during periods of peak use,
 through road use charges, tolls, parking surcharges, or other pricing
 mechanisms, vehicle restricted zones or periods, or vehicle registration
 programs;
 `(vii) programs for breakdown and accident scene management, nonrecurring
 congestion, and vehicle information systems, to reduce congestion and
 emissions; and
 `(viii) such other transportation-related programs as the Administrator,
 in consultation with the Secretary of Transportation, finds would improve
 air quality and would not encourage single occupancy vehicle capacity.
In considering such measures, the State should seek to ensure adequate access
to downtown, other commercial, and residential areas, and avoid increasing
or relocating emissions and congestion rather than reducing them.
 `(2) OFFSETS- In applying the emissions offset requirements of section 173
 to new or modified sources or emissions units for which a permit is required
 under part D, the ratio of emission reductions to increased emissions shall
 be at least 2 to 1.
 `(c) NOTICE OF FAILURE TO ATTAIN- (1) As expeditiously as practicable after
 the applicable attainment date for any nonattainment area, but not later
 than 6 months after such date, the Administrator shall determine, based on
 the area's air quality as of the attainment date, whether the area attained
 the standard by that date.
 `(2) Upon making the determination under paragraph (1), the Administrator
 shall publish a notice in the Federal Register containing such determination
 and identifying each area that the Administrator has determined to have failed
 to attain. The Administrator may revise or supplement such determination
 at any time based on more complete information or analysis concerning the
 area's air quality as of the attainment date.
 `(d) CONSEQUENCES FOR FAILURE TO ATTAIN- (1) Within 1 year after the
 Administrator publishes the notice under subsection (c)(2) (relating to
 notice of failure to attain), each State containing a nonattainment area
 shall submit a revision to the applicable implementation plan meeting the
 requirements of paragraph (2) of this subsection.
 `(2) The revision required under paragraph (1) shall meet the requirements
 of section 110 and section 172. In addition, the revision shall include
 such additional measures as the Administrator may reasonably prescribe,
 including all measures that can be feasibly implemented in the area in
 light of technological achievability, costs, and any nonair quality and
 other air quality-related health and environmental impacts.
 `(3) The attainment date applicable to the revision required under paragraph
 (1) shall be the same as provided in the provisions of section 172(a)(2),
 except that in applying such provisions the phrase `from the date of the
 notice under section 179(c)(2)' shall be substituted for the phrase `from
 the date such area was designated nonattainment under section 107(d)'
 and for the phrase `from the date of designation as nonattainment'.'.
 (h) FEDERAL IMPLEMENTATION PLANS- Section 110(c)(1) of the Clean Air Act
 (42 U.S.C. 7410(c)) is amended to read as follows: `(1) The Administrator
 shall promulgate a Federal implementation plan at any time within 2 years
 after the Administrator--
 `(A) finds that a State has failed to make a required submission or finds
 that the plan or plan revision submitted by the State does not satisfy the
 minimum criteria established under section 110(k)(1)(A), or
 `(B) disapproves a State implementation plan submission in whole or in part,
unless the State corrects the deficiency, and the Administrator approves
the plan or plan revision, before the Administrator promulgates such Federal
implementation plan.'.
SEC. 103. ADDITIONAL PROVISIONS FOR OZONE NONATTAINMENT AREAS.
 Part D of title I of the Clean Air Act is amended by adding the following
 new subpart at the end thereof:
`Subpart 2--Additional Provisions for Ozone Nonattainment Areas
`Sec. 181. Classifications and attainment dates.
`Sec. 182. Plan submissions and requirements.
`Sec. 183. Federal ozone measures.
`Sec. 184. Control of interstate ozone air pollution.
`Sec. 185. Enforcement for Severe and Extreme ozone nonattainment areas for
failure to attain.
`Sec. 185A. Transitional areas.
`Sec. 185B. NOX and VOC study.
`SEC. 181. CLASSIFICATIONS AND ATTAINMENT DATES.
 `(a) CLASSIFICATION AND ATTAINMENT DATES FOR 1989 NONATTAINMENT AREAS- (1)
 Each area designated nonattainment for ozone pursuant to section 107(d) shall
 be classified at the time of such designation, under table 1, by operation
 of law, as a Marginal Area, a Moderate Area, a Serious Area, a Severe Area,
 or an Extreme 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 ozone shall be as expeditiously
 as practicable but not later than the date provided in table 1.
`TABLE 1
-----------------------------------------------------------------
 Area class Design value*     Primary standard attainment date**
-----------------------------------------------------------------
 Marginal   0.121 up to 0.138  3 years after enactment
 Moderate   0.138 up to 0.160  6 years after enactment
 Serious    0.160 up to 0.180  9 years after enactment
 Severe     0.180 up to 0.280 15 years after enactment
 Extreme    0.280 and above   20 years after enactment
-----------------------------------------------------------------
*The design value is measured in parts per million (ppm).
**The primary standard attainment date is measured from the date of the
enactment of the Clean Air Amendments of 1990.
 `(2) Notwithstanding table 1, in the case of a severe area with a 1988
 ozone design value between 0.190 and 0.280 ppm, the attainment date shall
 be 17 years (in lieu of 15 years) after the date of the enactment of the
 Clean Air Amendments of 1990.
 `(3) At the time of publication of the notice under section 107(d)(4)
 (relating to area designations) for each ozone nonattainment area, the
 Administrator shall publish a notice announcing the classification of
 such ozone nonattainment area. The provisions of section 172(a)(1)(B)
 (relating to lack of notice and comment and judicial review) shall apply
 to such classification.
 `(4) 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 initial classification, by the procedure required under
 paragraph (3), adjust the classification to place the area in such other
 category. In making such adjustment, the Administrator may consider the
 number of exceedances of the national primary ambient air quality standard
 for ozone in the area, the level of pollution transport between the area and
 other affected areas, including both intrastate and interstate transport,
 and the mix of sources and air pollutants in the area.
 `(5) Upon application by any State, the Administrator may extend for 1
 additional year (hereinafter referred to as the `Extension Year') the date
 specified in table 1 of paragraph (1) of this subsection 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 1 exceedance of the national ambient air quality standard
 level for ozone 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 ozone under section 107(d)(4), and that is subsequently
 redesignated to nonattainment for ozone under section 107(d)(3), shall,
 at the time of the redesignation, be classified by operation of law in
 accordance with table 1 under subsection (a). 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)(3),
 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 under this paragraph.
 `(2) RECLASSIFICATION UPON FAILURE TO ATTAIN- (A) Within 6 months following
 the applicable attainment date (including any extension thereof) for an
 ozone nonattainment area, the Administrator shall determine, based on the
 area's design value (as of the attainment date), whether the area attained
 the standard by that date. Except for any Severe or Extreme area, any 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) to the higher of--
 `(i) the next higher classification for the area, or
 `(ii) the classification applicable to the area's design value as determined
 at the time of the notice required under subparagraph (B).
No area shall be reclassified as Extreme under clause (ii).
 `(B) 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).
 `(3) VOLUNTARY RECLASSIFICATION- The Administrator shall grant the request
 of any State to reclassify a nonattainment area in that State in accordance
 with table 1 of subsection (a) to a higher classification. The Administrator
 shall publish a notice in the Federal Register of any such request and of
 action by the Administrator granting the request.
 `(4) FAILURE OF SEVERE AREAS TO ATTAIN STANDARD- (A) If any Severe Area
 fails to achieve the national primary ambient air quality standard for
 ozone by the applicable attainment date (including any extension thereof),
 the fee provisions under section 185 shall apply within the area, the
 percent reduction requirements of section 182(c)(2)(B) and (C) (relating to
 reasonable further progress demonstration and NOx control) shall continue
 to apply to the area, and the State shall demonstrate that such percent
 reduction has been achieved in each 3-year interval after such failure
 until the standard is attained. Any failure to make such a demonstration
 shall be subject to the sanctions provided under this part.
 `(B) In addition to the requirements of subparagraph (A), if the ozone design
 value for a Severe Area referred to in subparagraph (A) is above 0.140 ppm
 for the year of the applicable attainment date, or if the area has failed
 to achieve its most recent milestone under section 182(g), the new source
 review requirements applicable under this subpart in Extreme Areas shall
 apply in the area and the term `major source' and `major stationary source'
 shall have the same meaning as in Extreme Areas.
 `(C) In addition to the requirements of subparagraph (A) for those areas
 referred to in subparagraph (A) and not covered by subparagraph (B), the
 provisions referred to in subparagraph (B) shall apply after 3 years from
 the applicable attainment date unless the area has attained the standard
 by the end of such 3-year period.
 `(D) If, after the date of the enactment of the Clean Air Act Amendments of
 1990, the Administrator modifies the method of determining compliance with
 the national primary ambient air quality standard, a design value or other
 indicator comparable to 0.140 in terms of its relationship to the standard
 shall be used in lieu of 0.140 for purposes of applying the provisions of
 subparagraphs (B) and (C).
 `(c) REFERENCES TO TERMS- (1) Any reference in this subpart to a `Marginal
 Area', a `Moderate Area', a `Serious Area', a `Severe Area', or an `Extreme
 Area' shall be considered a reference to a Marginal Area, a Moderate Area,
 a Serious Area, a Severe Area, or an Extreme Area as respectively classified
 under this section.
 `(2) Any reference in this subpart to `next higher classification' or
 comparable terms shall be considered a reference to the classification
 related to the next higher set of design values in table 1.
`SEC. 182. PLAN SUBMISSIONS AND REQUIREMENTS.
 `(a) MARGINAL AREAS- Each State in which all or part of a Marginal Area is
 located shall, with respect to the Marginal Area (or portion thereof, to the
 extent specified in this subsection), submit to the Administrator the State
 implementation plan revisions (including the plan items) described under
 this subsection except to the extent the State has made such submissions
 as of the date of the enactment of the Clean Air Act Amendments of 1990.
 `(1) INVENTORY- Within 2 years after 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) CORRECTIONS TO THE STATE IMPLEMENTATION PLAN- Within the periods
 prescribed in this paragraph, the State shall submit a revision to the
 State implementation plan that meets the following requirements--
 `(A) REASONABLY AVAILABLE CONTROL TECHNOLOGY CORRECTIONS- For any Marginal
 Area (or, within the Administrator's discretion, portion thereof) the State
 shall submit, within 6 months of the date of classification under section
 181(a), a revision that includes such provisions to correct requirements in
 (or add requirements to) the plan concerning reasonably available control
 technology as were required under section 172(b) (as in effect immediately
 before the date of the enactment of the Clean Air Act Amendments of 1990),
 as interpreted in guidance issued by the Administrator under section 108
 before the date of the enactment of the Clean Air Act Amendments of 1990.
 `(B) SAVINGS CLAUSE FOR VEHICLE INSPECTION AND MAINTENANCE- (i) For any
 Marginal Area (or, within the Administrator's discretion, portion thereof),
 the plan for which already includes, or was required by section 172(b)(11)(B)
 (as in effect immediately before the date of the enactment of the Clean
 Air Act Amendments of 1990) to have included, a specific schedule for
 implementation of a vehicle emission control inspection and maintenance
 program, the State shall submit, immediately after the date of the enactment
 of the Clean Air Act Amendments of 1990, a revision that includes any
 provisions necessary to provide for a vehicle inspection and maintenance
 program of no less stringency than that of either the program defined in
 House Report Numbered 95-294, 95th Congress, 1st Session, 281-291 (1977)
 as interpreted in guidance of the Administrator issued pursuant to section
 172(b)(11)(B) (as in effect immediately before the date of the enactment
 of the Clean Air Act Amendments of 1990) or the program already included
 in the plan, whichever is more stringent.
 `(ii) Within 12 months after the date of the enactment of the Clean Air
 Act Amendments of 1990, the Administrator shall review, revise, update,
 and republish in the Federal Register the guidance for the States for
 motor vehicle inspection and maintenance programs required by this Act,
 taking into consideration the Administrator's investigations and audits
 of such program. The guidance shall, at a minimum, cover the frequency of
 inspections, the types of vehicles to be inspected (which shall include
 leased vehicles that are registered in the nonattainment area), vehicle
 maintenance by owners and operators, audits by the State, the test method
 and measures, including whether centralized or decentralized, inspection
 methods and procedures, quality of inspection, components covered, assurance
 that a vehicle subject to a recall notice from a manufacturer has complied
 with that notice, and effective implementation and enforcement, including
 ensuring that any retesting of a vehicle after a failure shall include proof
 of corrective action and providing for denial of vehicle registration in the
 case of tampering or misfueling. The guidance which shall be incorporated
 in the applicable State implementation plans by the States shall provide
 the States with continued reasonable flexibility to fashion effective,
 reasonable, and fair programs for the affected consumer. No later than 2
 years after the Administrator promulgates regulations under section 202(m)(3)
 (relating to emission control diagnostics), the State shall submit a revision
 to such program to meet any requirements that the Administrator may prescribe
 under that section.
 `(C) PERMIT PROGRAMS- 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 each of the following:
 `(i) Provisions to require permits, in accordance with sections 172(c)(5)
 and 173, for the construction and operation of each new or modified major
 stationary source (with respect to ozone) to be located in the area.
 `(ii) Provisions to correct requirements in (or add requirements to) the
 plan concerning permit programs as were required under section 172(b)(6)
 (as in effect immediately before the date of the enactment of the Clean Air
 Act Amendments of 1990), as interpreted in regulations of the Administrator
 promulgated as of the date of the enactment of the Clean Air Act Amendments
 of 1990.
 `(3) PERIODIC INVENTORY-
 `(A) GENERAL REQUIREMENT- No later than the end of each 3-year period
 after submission of the inventory under paragraph (1) until the area is
 redesignated to attainment, the State shall submit a revised inventory
 meeting the requirements of subsection (a)(1).
 `(B) EMISSIONS STATEMENTS- (i) Within 2 years after the date of the enactment
 of the Clean Air Act Amendments of 1990, the State shall submit a revision
 to the State implementation plan to require that the owner or operator of
 each stationary source of oxides of nitrogen or volatile organic compounds
 provide the State with a statement, in such form as the Administrator may
 prescribe (or accept an equivalent alternative developed by the State),
 for classes or categories of sources, showing the actual emissions of oxides
 of nitrogen and volatile organic compounds from that source. The first such
 statement shall be submitted within 3 years after the date of the enactment
 of the Clean Air Act Amendments of 1990. Subsequent statements shall be
 submitted at least every year thereafter. The statement shall contain a
 certification that the information contained in the statement is accurate
 to the best knowledge of the individual certifying the statement.
 `(ii) The State may waive the application of clause (i) to any class or
 category of stationary sources which emit less than 25 tons per year of
 volatile organic compounds or oxides of nitrogen if the State, in its
 submissions under subparagraphs (1) or (3)(A), provides an inventory of
 emissions from such class or category of sources, based on the use of the
 emission factors established by the Administrator or other methods acceptable
 to the Administrator.
 `(4) GENERAL OFFSET REQUIREMENT- For purposes of satisfying the emission
 offset requirements of this part, the ratio of total emission reductions
 of volatile organic compounds to total increased emissions of such air
 pollutant shall be at least 1.1 to 1.
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. 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 ozone standard
by the applicable attainment date in any Marginal Area. Section 172(c)(9)
(relating to contingency measures) shall not apply to Marginal Areas.
 `(b) MODERATE AREAS- Each State in which all or part of a Moderate Area
 is located shall, with respect to the Moderate Area, make the submissions
 described under subsection (a) (relating to Marginal Areas), and shall also
 submit the revisions to the applicable implementation plan described under
 this subsection.
   `(1) Plan provisions for reasonable further progress-
 `(A) GENERAL RULE- (i) By no later than 3 years after the date of the
 enactment of the Clean Air Act Amendments of 1990, the State shall submit
 a revision to the applicable implementation plan to provide for volatile
 organic compound emission reductions, within 6 years after the date of the
 enactment of the Clean Air Act Amendments of 1990, of at least 15 percent
 from baseline emissions, accounting for any growth in emissions after the
 year in which the Clean Air Act Amendments of 1990 are enacted. Such plan
 shall provide for such specific annual reductions in emissions of volatile
 organic compounds and oxides of nitrogen as necessary to attain the national
 primary ambient air quality standard for ozone by the attainment date
 applicable under this Act. This subparagraph shall not apply in the case of
 oxides of nitrogen for those areas for which the Administrator determines
 (when the Administrator approves the plan or plan revision) that additional
 reductions of oxides of nitrogen would not contribute to attainment.
 `(ii) A percentage less than 15 percent may be used for purposes of clause
 (i) in the case of any State which demonstrates to the satisfaction of the
 Administrator that--
 `(I) new source review provisions are applicable in the nonattainment areas
 in the same manner and to the same extent as required under subsection
 (e) in the case of Extreme Areas (with the exception that, in applying
 such provisions, the terms `major source' and `major stationary source'
 shall include (in addition to the sources described in section 302) any
 stationary source or group of sources located within a contiguous area and
 under common control that emits, or has the potential to emit, at least 5
 tons per year of volatile organic compounds);
 `(II) reasonably available control technology is required for all existing
 major sources (as defined in subclause (I)); and
 `(III) the plan reflecting a lesser percentage than 15 percent includes
 all measures that can feasibly be implemented in the area, in light of
 technological achievability.
To qualify for a lesser percentage under this clause, a State must demonstrate
to the satisfaction of the Administrator that the plan for the area includes
the measures that are achieved in practice by sources in the same source
category in nonattainment areas of the next higher category.
 `(B) BASELINE EMISSIONS- For purposes of subparagraph (A), the term
 `baseline emissions' means the total amount of actual VOC or NOx emissions
 from all anthropogenic sources in the area during the calendar year of the
 enactment of the Clean Air Act Amendments of 1990, excluding emissions that
 would be eliminated under the regulations described in clauses (i) and (ii)
 of subparagraph (D).
 `(C) GENERAL RULE FOR CREDITABILITY OF REDUCTIONS- Except as provided
 under subparagraph (D), emissions reductions are creditable toward the 15
 percent required under subparagraph (A) to the extent they have actually
 occurred, as of 6 years after the date of the enactment of the Clean Air
 Act Amendments of 1990, from the implementation of measures required under
 the applicable implementation plan, rules promulgated by the Administrator,
 or a permit under title V.
 `(D) LIMITS ON CREDITABILITY OF REDUCTIONS- Emission reductions from the
 following measures are not creditable toward the 15 percent reductions
 required under subparagraph (A):
 `(i) Any measure relating to motor vehicle exhaust or evaporative emissions
 promulgated by the Administrator by January 1, 1990.
 `(ii) Regulations concerning Reid Vapor Pressure promulgated by the
 Administrator by the date of the enactment of the Clean Air Act Amendments
 of 1990 or required to be promulgated under section 211(h).
 `(iii) Measures required under subsection (a)(2)(A) (concerning corrections
 to implementation plans prescribed under guidance by the Administrator).
 `(iv) Measures required under subsection (a)(2)(B) to be submitted immediately
 after the date of the enactment of the Clean Air Act Amendments of 1990
 (concerning corrections to motor vehicle inspection and maintenance programs).
 `(2) REASONABLY AVAILABLE CONTROL TECHNOLOGY- The State shall submit a
 revision to the applicable implementation plan to include provisions to
 require the implementation of reasonably available control technology under
 section 172(c)(1) with respect to each of the following:
 `(A) Each category of VOC sources in the area covered by a CTG document
 issued by the Administrator between the date of the enactment of the Clean
 Air Act Amendments of 1990 and the date of attainment.
 `(B) All VOC sources in the area covered by any CTG issued before the date
 of the enactment of the Clean Air Act Amendments of 1990.
 `(C) All other major stationary sources of VOCs that are located in the area.
Each revision described in subparagraph (A) shall be submitted within the
period set forth by the Administrator in issuing the relevant CTG document. The
revisions with respect to sources described in subparagraphs (B) and (C) shall
be submitted by 2 years after the date of the enactment of the Clean Air Act
Amendments of 1990, and shall provide for the implementation of the required
measures as expeditiously as practicable but no later than May 31, 1995.
 `(3) GASOLINE VAPOR RECOVERY-
 `(A) GENERAL RULE- Not later than 2 years after the date of the enactment
 of the Clean Air Act Amendments of 1990, the State shall submit a revision
 to the applicable implementation plan to require all owners or operators of
 gasoline dispensing systems to install and operate, by the date prescribed
 under subparagraph (B), a system for gasoline vapor recovery of emissions
 from the fueling of motor vehicles. The Administrator shall issue guidance as
 appropriate as to the effectiveness of such system. This subparagraph shall
 apply only to facilities which sell more than 10,000 gallons of gasoline
 per month (50,000 gallons per month in the case of an independent small
 business marketer of gasoline as defined in section 325).
 `(B) EFFECTIVE DATE- The date required under subparagraph (A) shall be--
 `(i) 6 months after the adoption date, in the case of gasoline dispensing
 facilities for which construction commenced after the date of the enactment
 of the Clean Air Act Amendments of 1990;
 `(ii) one year after the adoption date, in the case of gasoline dispensing
 facilities which dispense at least 100,000 gallons of gasoline per month,
 based on average monthly sales for the 2-year period before the adoption
 date; or
 `(iii) 2 years after the adoption date, in the case of all other gasoline
 dispensing facilities.
Any gasoline dispensing facility described under both clause (i) and clause
(ii) shall meet the requirements of clause (i).
 `(C) REFERENCE TO TERMS- For purposes of this paragraph, any reference to the
 term `adoption date' shall be considered a reference to the date of adoption
 by the State of requirements for the installation and operation of a system
 for gasoline vapor recovery of emissions from the fueling of motor vehicles.
 `(4) MOTOR VEHICLE INSPECTION AND MAINTENANCE- For all Moderate Areas, the
 State shall submit, immediately after the date of the enactment of the Clean
 Air Act Amendments of 1990, a revision to the applicable implementation plan
 that includes provisions necessary to provide for a vehicle inspection and
 maintenance program as described in subsection (a)(2)(B) (without regard
 to whether or not the area was required by section 172(b)(11)(B) (as in
 effect immediately before the date of the enactment of the Clean Air Act
 Amendments of 1990) to have included a specific schedule for implementation
 of such a program).
 `(5) GENERAL OFFSET REQUIREMENT- For purposes of satisfying the emission
 offset requirements of this part, the ratio of total emission reductions of
 volatile organic compounds to total increase emissions of such air pollutant
 shall be at least 1.15 to 1.
 `(c) SERIOUS AREAS- Except as otherwise specified in paragraph (4),
 each State in which all or part of a Serious Area is located shall, with
 respect to the Serious Area (or portion thereof, to the extent specified
 in this subsection), make the submissions described under subsection (b)
 (relating to Moderate Areas), and shall also submit the revisions to the
 applicable implementation plan (including the plan items) described under
 this subsection. For any Serious Area, the terms `major source' and `major
 stationary source' include (in addition to the sources described in section
 302) any stationary source or group of sources located within a contiguous
 area and under common control that emits, or has the potential to emit,
 at least 50 tons per year of volatile organic compounds.
 `(1) ENHANCED MONITORING- In order to obtain more comprehensive and
 representative data on ozone air pollution, not later than 18 months
 after the date of the enactment of the Clean Air Act Amendments of 1990
 the Administrator shall promulgate rules, after notice and public comment,
 for enhanced monitoring of ozone, oxides of nitrogen, and volatile organic
 compounds. The rules shall, among other things, cover the location and
 maintenance of monitors. Immediately following the promulgation of rules by
 the Administrator relating to enhanced monitoring, the State shall commence
 such actions as may be necessary to adopt and implement a program based
 on such rules, to improve monitoring for ambient concentrations of ozone,
 oxides of nitrogen and volatile organic compounds and to improve monitoring
 of emissions of oxides of nitrogen and volatile organic compounds. Each
 State implementation plan for the area shall contain measures to improve
 the ambient monitoring of such air pollutants.
 `(2) ATTAINMENT AND REASONABLE FURTHER PROGRESS DEMONSTRATIONS- Within 4
 years after the date of the enactment of the Clean Air Act Amendments of
 1990, the State shall submit a revision to the applicable implementation
 plan that includes each of the following:
 `(A) ATTAINMENT DEMONSTRATION- A demonstration that the plan, as revised,
 will provide for attainment of the ozone national ambient air quality
 standard by the applicable attainment date. This attainment demonstration
 must be based on photochemical grid modeling or any other analytical method
 determined by the Administrator, in the Administrator's discretion, to be
 at least as effective.
 `(B) REASONABLE FURTHER PROGRESS DEMONSTRATION- A demonstration that the
 plan, as revised, will result in VOC emissions reductions from the baseline
 emissions described in subsection (b)(1)(B) equal to the following amount
 averaged over each consecutive 3-year period beginning 6 years after the
 date of the enactment of the Clean Air Act Amendments of 1990, until the
 attainment date:
 `(i) at least 3 percent of baseline emissions each year; or
 `(ii) an amount less than 3 percent of such baseline emissions each year,
 if the State demonstrates to the satisfaction of the Administrator that the
 plan reflecting such lesser amount includes all measures that can feasibly
 be implemented in the area, in light of technological achievability.
To lessen the 3 percent requirement under clause (ii), a State must demonstrate
to the satisfaction of the Administrator that the plan for the area includes
the measures that are achieved in practice by sources in the same source
category in nonattainment areas of the next higher classification. Any
determination to lessen the 3 percent requirement shall be reviewed at each
milestone under section 182(g) and revised to reflect such new measures
(if any) achieved in practice by sources in the same category in any State,
allowing a reasonable time to implement such measures. The emission reductions
described in this subparagraph shall be calculated in accordance with
subsection (b)(1) (C) and (D) (concerning creditability of reductions). The
reductions creditable for the period beginning 6 years after the date of the
enactment of the Clean Air Act Amendments of 1990, shall include reductions
that occurred before such period, computed in accordance with subsection
(b)(1), that exceed the 15-percent amount of reductions required under
subsection (b)(1)(A).
 `(C) NOX CONTROL- The revision may contain, in lieu of the demonstration
 required under subparagraph (B), a demonstration to the satisfaction of
 the Administrator that the applicable implementation plan, as revised,
 provides for reductions of emissions of VOC's and oxides of nitrogen
 (calculated according to the creditability provisions of subsection (b)(1)
 (C) and (D)), that would result in a reduction in ozone concentrations at
 least equivalent to that which would result from the amount of VOC emission
 reductions required under subparagraph (B). Within 1 year after the date of
 the enactment of the Clean Air Act Amendments of 1990, the Administrator
 shall issue guidance concerning the conditions under which NOx control
 may be substituted for VOC control or may be combined with VOC control
 in order to maximize the reduction in ozone air pollution. In accord with
 such guidance, a lesser percentage of VOCs may be accepted as an adequate
 demonstration for purposes of this subsection.
 `(3) ENHANCED VEHICLE INSPECTION AND MAINTENANCE PROGRAM-
 `(A) REQUIREMENT FOR SUBMISSION- Within 2 years after the date of the
 enactment of the Clean Air Act Amendments of 1990, the State shall submit
 a revision to the applicable implementation plan to provide for an enhanced
 program to reduce hydrocarbon emissions and NOx emissions from in-use motor
 vehicles registered in each urbanized area (in the nonattainment area),
 as defined by the Bureau of the Census, with a 1980 population of 200,000
 or more.
 `(B) EFFECTIVE DATE OF STATE PROGRAMS; GUIDANCE- The State program required
 under subparagraph (A) shall take effect no later than 2 years from the
 date of the enactment of the Clean Air Act Amendments of 1990, and shall
 comply in all respects with guidance published in the Federal Register
 (and from time to time revised) by the Administrator for enhanced vehicle
 inspection and maintenance programs. Such guidance shall include--
 `(i) a performance standard achievable by a program combining emission
 testing, including on-road emission testing, with inspection to detect
 tampering with emission control devices and misfueling for all light-duty
 vehicles and all light-duty trucks subject to standards under section 202; and
 `(ii) program administration features necessary to reasonably assure that
 adequate management resources, tools, and practices are in place to attain
 and maintain the performance standard.
Compliance with the performance standard under clause (i) shall be determined
using a method to be established by the Administrator.
 `(C) STATE PROGRAM- The State program required under subparagraph (A)
 shall include, at a minimum, each of the following elements--
 `(i) Computerized emission analyzers, including on-road testing devices.
 `(ii) No waivers for vehicles and parts covered by the emission control
 performance warranty as provided for in section 207(b) unless a warranty
 remedy has been denied in writing, or for tampering-related repairs.
 `(iii) In view of the air quality purpose of the program, if, for any vehicle,
 waivers are permitted for emissions-related repairs not covered by warranty,
 an expenditure to qualify for the waiver of an amount of $450 or more for
 such repairs (adjusted annually as determined by the Administrator on the
 basis of the Consumer Price Index in the same manner as provided in title V).
 `(iv) Enforcement through denial of vehicle registration (except for any
 program in operation before the date of the enactment of the Clean Air
 Act Amendments of 1990 whose enforcement mechanism is demonstrated to the
 Administrator to be more effective than the applicable vehicle registration
 program in assuring that noncomplying vehicles are not operated on public
 roads).
 `(v) Annual emission testing and necessary adjustment, repair, and
 maintenance, unless the State demonstrates to the satisfaction of the
 Administrator that a biennial inspection, in combination with other
 features of the program which exceed the requirements of this Act, will
 result in emission reductions which equal or exceed the reductions which
 can be obtained through such annual inspections.
 `(vi) Operation of the program on a centralized basis, unless the State
 demonstrates to the satisfaction of the Administrator that a decentralized
 program will be equally effective. An electronically connected testing system,
 a licensing system, or other measures (or any combination thereof) may be
 considered, in accordance with criteria established by the Administrator,
 as equally effective for such purposes.
 `(vii) Inspection of emission control diagnostic systems and the maintenance
 or repair of malfunctions or system deterioration identified by or affecting
 such diagnostics systems.
Each State shall biennially prepare a report to the Administrator which
assesses the emission reductions achieved by the program required under
this paragraph based on data collected during inspection and repair of
vehicles. The methods used to assess the emission reductions shall be those
established by the Administrator.
 `(4) CLEAN-FUEL VEHICLE PROGRAMS- (A) Except to the extent that substitute
 provisions have been approved by the Administrator under subparagraph (B),
 the State shall submit to the Administrator, within 42 months of the date
 of the enactment of the Clean Air Act Amendments of 1990, a revision to the
 applicable implementation plan for each area described under part C of title
 II to include such measures as may be necessary to ensure the effectiveness
 of the applicable provisions of the clean-fuel vehicle program prescribed
 under part C of title II, including all measures necessary to make the use
 of clean alternative fuels in clean-fuel vehicles (as defined in part C of
 title II) economic from the standpoint of vehicle owners. Such a revision
 shall also be submitted for each area that opts into the clean fuel-vehicle
 program as provided in part C of title II.
 `(B) The Administrator shall approve, as a substitute for all or a portion
 of the clean-fuel vehicle program prescribed under part C of title II,
 any revision to the relevant applicable implementation plan that in the
 Administrator's judgment will achieve long-term reductions in ozone-producing
 and toxic air emissions equal to those achieved under part C of title II,
 or the percentage thereof attributable to the portion of the clean-fuel
 vehicle program for which the revision is to substitute. The Administrator
 may approve such revision only if it consists exclusively of provisions other
 than those required under this Act for the area. Any State seeking approval of
 such revision must submit the revision to the Administrator within 24 months
 of the date of the enactment of the Clean Air Act Amendments of 1990. The
 Administrator shall approve or disapprove any such revision within 30 months
 of the date of the enactment of the Clean Air Act Amendments of 1990. The
 Administrator shall publish the revision submitted by a State in the Federal
 Register upon receipt. Such notice shall constitute a notice of proposed
 rulemaking on whether or not to approve such revision and shall be deemed
 to comply with the requirements concerning notices of proposed rulemaking
 contained in sections 553 through 557 of title 5 of the United States Code
 (related to notice and comment). Where the Administrator approves such
 revision for any area, the State need not submit the revision required by
 subparagraph (A) for the area with respect to the portions of the Federal
 clean-fuel vehicle program for which the Administrator has approved the
 revision as a substitute.
 `(C) If the Administrator determines, under section 179, that the State has
 failed to submit any portion of the program required under subparagraph (A),
 then, in addition to any sanctions available under section 179, the State may
 not receive credit, in any demonstration of attainment or reasonable further
 progress for the area, for any emission reductions from implementation of
 the corresponding aspects of the Federal clean-fuel vehicle requirements
 established in part C of title II.
 `(5) TRANSPORTATION CONTROL- (A) Beginning 6 years after the date of the
 enactment of the Clean Air Act Amendments of 1990 and each third year
 thereafter, the State shall submit a demonstration as to whether current
 aggregate vehicle mileage, aggregate vehicle emissions, congestion levels,
 and other relevant parameters are consistent with those used for the area's
 demonstration of attainment. Where such parameters and emissions levels exceed
 the levels projected for purposes of the area's attainment demonstration, the
 State shall within 18 months develop and submit a revision of the applicable
 implementation plan that includes a transportation control measures program
 consisting of measures from, but not limited to, section 108(f) that will
 reduce emissions to levels that are consistent with emission levels projected
 in such demonstration. In considering such measures, the State should ensure
 adequate access to downtown, other commercial, and residential areas and
 should avoid measures that increase or relocate emissions and congestion
 rather than reduce them. Such revision shall be developed in accordance
 with guidance issued by the Administrator pursuant to section 108(e) and
 with the requirements of section 174(b) and shall include implementation
 and funding schedules that achieve expeditious emissions reductions in
 accordance with implementation plan projections.
 `(6) DE MINIMIS RULE- The new source review provisions under this part shall
 ensure that increased emissions of volatile organic compounds resulting
 from any physical change in, or change in the method of operation of, a
 stationary source located in the area shall not be considered de minimis
 for purposes of determining the applicability of the permit requirements
 established by this Act unless the increase in net emissions of such air
 pollutant from such source does not exceed 25 tons when aggregated with
 all other net increases in emissions from the source over any period of 5
 consecutive calendar years which includes the calendar year in which such
 increase occurred.
 `(7) SPECIAL RULE FOR MODIFICATIONS OF SOURCES EMITTING LESS THAN 100 TONS-
 In the case of any major stationary source of volatile organic compounds
 located in the area (other than a source which emits or has the potential
 to emit 100 tons or more of volatile organic compounds per year), whenever
 any change (as described in section 111(a)(4)) at that source results in any
 increase (other than a de minimis increase) in emissions of volatile organic
 compounds from any discrete operation, unit, or other pollutant emitting
 activity at the source, such increase shall be considered a modification
 for purposes of section 172(c)(5) and section 173(a), except that such
 increase shall not be considered a modification for such purposes if the
 owner or operator of the source elects to offset the increase by a greater
 reduction in emissions of volatile organic compounds concerned from other
 operations, units, or activities within the source at an internal offset
 ratio of at least 1.3 to 1. If the owner or operator does not make such
 election, such change shall be considered a modification for such purposes,
 but in applying section 173(a)(2) in the case of any such modification,
 the best available control technology (BACT), as defined in section 169,
 shall be substituted for the lowest achievable emission rate (LAER). The
 Administrator shall establish and publish policies and procedures for
 implementing the provisions of this paragraph.
 `(8) SPECIAL RULE FOR MODIFICATIONS OF SOURCES EMITTING 100 TONS OR MORE-
 In the case of any major stationary source of volatile organic compounds
 located in the area which emits or has the potential to emit 100 tons or more
 of volatile organic compounds per year, whenever any change (as described
 in section 111(a)(4)) at that source results in any increase (other than
 a de minimis increase) in emissions of volatile organic compounds from any
 discrete operation, unit, or other pollutant emitting activity at the source,
 such increase shall be considered a modification for purposes of section
 172(c)(5) and section 173(a), except that if the owner or operator of the
 source elects to offset the increase by a greater reduction in emissions
 of volatile organic compounds from other operations, units, or activities
 within the source at an internal offset ratio of at least 1.3 to 1, the
 requirements of section 173(a)(2) (concerning the lowest achievable emission
 rate (LAER)) shall not apply.
 `(9) CONTINGENCY PROVISIONS- In addition to the contingency provisions
 required under section 172(c)(9), the plan revision shall provide for the
 implementation of specific measures to be undertaken if the area fails
 to meet any applicable milestone. Such measures shall be included in the
 plan revision as contingency measures to take effect without further action
 by the State or the Administrator upon a failure by the State to meet the
 applicable milestone.
 `(10) GENERAL OFFSET REQUIREMENT- For purposes of satisfying the emission
 offset requirements of this part, the ratio of total emission reductions of
 volatile organic compounds to total increase emissions of such air pollutant
 shall be at least 1.2 to 1.
Any reference to `attainment date' in subsection (b), which is incorporated
by reference into this subsection, shall refer to the attainment date for
serious areas.
 `(d) SEVERE AREAS- Each State in which all or part of a Severe Area is
 located shall, with respect to the Severe Area, make the submissions described
 under subsection (c) (relating to Serious Areas), and shall also submit the
 revisions to the applicable implementation plan (including the plan items)
 described under this subsection. For any Severe Area, the terms `major source'
 and `major stationary source' include (in addition to the sources described
 in section 302) any stationary source or group of sources located within a
 contiguous area and under common control that emits, or has the potential
 to emit, at least 25 tons per year of volatile organic compounds.
 `(1) VEHICLE MILES TRAVELED- (A) Within 2 years after the date of enactment
 of the Clean Air Act Amendments of 1990, the State shall submit a revision
 that identifies and adopts specific enforceable transportation control
 strategies and transportation control measures to offset any growth in
 emissions from growth in vehicle miles traveled or numbers of vehicle trips
 in such area and to attain reduction in motor vehicle emissions as necessary,
 in combination with other emission reduction requirements of this subpart,
 to comply with the requirements of subsection (b)(2)(B) and (c)(2)(B)
 (pertaining to periodic emissions reduction requirements). The State shall
 consider measures specified in section 108(f), and choose from among and
 implement such measures as necessary to demonstrate attainment with the
 national ambient air quality standards; in considering such measures,
 the State should ensure adequate access to downtown, other commercial,
 and residential areas and should avoid measures that increase or relocate
 emissions and congestion rather than reduce them.
 `(B) Within 2 years after the date of enactment of the Clean Air Act
 Amendments of 1990, the State shall submit a revision requiring employers
 in such area to implement programs to reduce work-related vehicle trips and
 miles traveled by employees. Such revision shall be developed in accordance
 with guidance issued by the Administrator pursuant to section 108(f) and
 shall, at a minimum, require that each employer of 100 or more persons in
 such area increase average passenger occupancy per vehicle in commuting
 trips between home and the workplace during peak travel periods by not
 less than 25 percent above the average vehicle occupancy for all such
 trips in the area at the time the revision is submitted. The guidance of
 the Administrator may specify average vehicle occupancy rates which vary
 for locations within a nonattainment area (suburban, center city, business
 district) or among nonattainment areas reflecting existing occupancy rates
 and the availability of high occupancy modes. The revision shall provide
 that each employer subject to a vehicle occupancy requirement shall submit
 a compliance plan within 2 years after the date the revision is submitted
 which shall convincingly demonstrate compliance with the requirements of
 this paragraph not later than 4 years after such date.
 `(2) OFFSET REQUIREMENT- For purposes of satisfying the offset requirements
 pursuant to this part, the ratio of total emission reductions of VOCs to
 total increased emissions of such air pollutant shall be at least 1.3 to 1,
 except that if the State plan requires all existing major sources in the
 nonattainment area to use best available control technology (as defined in
 section 169(3)) for the control of volatile organic compounds, the ratio
 shall be at least 1.2 to 1.
 `(3) ENFORCEMENT UNDER SECTION 185- By December 31, 2000, the State
 shall submit a plan revision which includes the provisions required under
 section 185.
Any reference to the term `attainment date' in subsection (b) or (c), which
is incorporated by reference into this subsection (d), shall refer to the
attainment date for Severe Areas.
 `(e) EXTREME AREAS- Each State in which all or part of an Extreme Area
 is located shall, with respect to the Extreme Area, make the submissions
 described under subsection (d) (relating to Severe Areas), and shall also
 submit the revisions to the applicable implementation plan (including the
 plan items) described under this subsection. The provisions of clause (ii)
 of subsection (c)(2)(B) (relating to reductions of less than 3 percent),
 the provisions of paragaphs (6), (7) and (8) of subsection (c) (relating to
 de minimus rule and modification of sources), and the provisions of clause
 (ii) of subsection (b)(1)(A) (relating to reductions of less than 15 percent)
 shall not apply in the case of an Extreme Area. For any Extreme Area, the
 terms `major source' and `major stationary source' includes (in addition
 to the sources described in section 302) any stationary source or group
 of sources located within a contiguous area and under common control that
 emits, or has the potential to emit, at least 10 tons per year of volatile
 organic compounds.
 `(1) OFFSET REQUIREMENT- For purposes of satisfying the offset requirements
 pursuant to this part, the ratio of total emission reductions of VOCs to
 total increased emissions of such air pollutant shall be at least 1.5 to 1,
 except that if the State plan requires all existing major sources in the
 nonattainment area to use best available control technology (as defined in
 section 169(3)) for the control of volatile organic compounds, the ratio
 shall be at least 1.2 to 1.
 `(2) MODIFICATIONS--Any change (as described in section 111(a)(4)) at a major
 stationary source which results in any increase in emissions from any discrete
 operation, unit, or other pollutant emitting activity at the source shall
 be considered a modification for purposes of section 172(c)(5) and section
 173(a), except that for purposes of complying with the offset requirement
 pursuant to section 173(a)(1), any such increase shall not be considered
 a modification if the owner or operator of the source elects to offset the
 increase by a greater reduction in emissions of the air pollutant concerned
 from other discrete operations, units, or activities within the source at an
 internal offset ratio of at least 1.3 to 1. The offset requirements of this
 part shall not be applicable in Extreme Areas to a modification of an existing
 source if such modification consists of installation of equipment required
 to comply with the applicable implementation plan, permit, or this Act.
 `(3) USE OF CLEAN FUELS OR ADVANCED CONTROL TECHNOLOGY- For Extreme Areas,
 a plan revision shall be submitted within 3 years after the date of the
 enactment of the Clean Air Act Amendments of 1990 to require, effective
 8 years after such date, that each new, modified, and existing electric
 utility and industrial and commercial boiler which emits more than 25 tons
 per year of oxides of nitrogen--
 `(A) burn as its primary fuel natural gas, methanol, or ethanol (or a
 comparably low polluting fuel), or
 `(B) use advanced control technology (such as catalytic control technology
 or other comparably effective control methods) for reduction of emissions
 of oxides of nitrogen.
For purposes of this subsection, the term `primary fuel' means the fuel which
is used 90 percent or more of the operating time. This paragraph shall not
apply during any natural gas supply emergency (as defined in title III of
the Natural Gas Policy Act of 1978).
 `(4) TRAFFIC CONTROL MEASURES DURING HEAVY TRAFFIC HOURS- For Extreme
 Areas, each implementation plan revision under this subsection may contain
 provisions establishing traffic control measures applicable during heavy
 traffic hours to reduce the use of high polluting vehicles or heavy-duty
 vehicles, notwithstanding any other provision of law.
 `(5) NEW TECHNOLOGIES- The Administrator may, in accordance with section
 110, approve provisions of an implementation plan for an Extreme Area
 which anticipate development of new control techniques or improvement
 of existing control technologies, and an attainment demonstration based
 on such provisions, if the State demonstrates to the satisfaction of the
 Administrator that--
 `(A) such provisions are not necessary to achieve the incremental emission
 reductions required during the first 10 years after the date of the enactment
 of the Clean Air Act Amendments of 1990; and
 `(B) the State has submitted enforceable commitments to develop and adopt
 contingency measures to be implemented as set forth herein if the anticipated
 technologies do not achieve planned reductions.
Such contingency measures shall be submitted to the Administrator no
later than 3 years before proposed implementation of the plan provisions
and approved or disapproved by the Administrator in accordance with section
110. The contingency measures shall be adequate to produce emission reductions
sufficient, in conjunction with other approved plan provisions, to achieve
the periodic emission reductions required by subsection (b)(1) or (c)(2)
and attainment by the applicable dates. If the Administrator determines that
an Extreme Area has failed to achieve an emission reduction requirement set
forth in subsection (b)(1) or (c)(2), and that such failure is due in whole
or part to an inability to fully implement provisions approved pursuant
to this subsection, the Administrator shall require the State to implement
the contingency measures to the extent necessary to assure compliance with
subsections (b)(1) and (c)(2).
Any reference to the term `attainment date' in subsection (b), (c), or (d)
which is incorporated by reference into this subsection, shall refer to the
attainment date for Extreme Areas.
 `(f) NOX REQUIREMENTS- (1) The plan provisions required under this subpart
 for major stationary sources of volatile organic compounds shall also apply
 to major stationary sources (as defined in section 302 and subsections (c),
 (d), and (e) of this section) of oxides of nitrogen. This subsection shall
 not apply in the case of oxides of nitrogen for those sources for which
 the Administrator determines (when the Administrator approves a plan or
 plan revision) that net air quality benefits are greater in the absence of
 reductions of oxides of nitrogen from the sources concerned. This subsection
 shall also not apply in the case of oxides of nitrogen for--
 `(A) nonattainment areas not within an ozone transport region under section
 184 if the Administrator determines (when the Administrator approves a plan
 or plan revision) that additional reductions of oxides of nitrogen would
 not contribute to attainment of the national ambient air quality standard
 for ozone in the area, or
 `(B) nonattainment areas within such an ozone transport region if the
 Administrator determines (when the Administrator approves a plan or plan
 revision) that additional reductions of oxides of nitrogen would not produce
 net ozone air quality benefits in such region.
The Administrator shall, in the Administrator's determinations, consider
the study required under section 185B.
 `(2)(A) If the Administrator determines that excess reductions in emissions
 of NOx would be achieved under paragraph (1), the Administrator may limit
 the application of paragraph (1) to the extent necessary to avoid achieving
 such excess reductions.
 `(B) For purposes of this paragraph, excess reductions in emissions of NOx
 are emission reductions for which the Administrator determines that net air
 quality benefits are greater in the absence of such reductions. Alternatively,
 for purposes of this paragraph, excess reductions in emissions of NOx
 are, for--
 `(i) nonattainment areas not within an ozone transport region under
 section 184, emission reductions that the Administrator determines would
 not contribute to attainment of the national ambient air quality standard
 for ozone in the area, or
 `(ii) nonattainment areas within such ozone transport region, emission
 reductions that the Administrator determines would not produce net ozone
 air quality benefits in such region.
 `(3) At any time after the final report under section 185B is submitted
 to Congress, a person may petition the Administrator for a determination
 under paragraph (1) or (2) with respect to any nonattainment area or any
 ozone transport region under section 184. The Administrator shall grant or
 deny such petition within 6 months after its filing with the Administrator.
 `(g) MILESTONES-
 `(1) REDUCTIONS IN EMISSIONS- 6 years after the date of the enactment of the
 Clean Air Amendments of 1990 and at intervals of every 3 years thereafter,
 the State shall determine whether each nonattainment area (other than an area
 classified as Marginal or Moderate) has achieved a reduction in emissions
 during the preceding intervals equivalent to the total emission reductions
 required to be achieved by the end of such interval pursuant to subsection
 (b)(1) and the corresponding requirements of subsections (c)(2) (B) and
 (C), (d), and (e). Such reduction shall be referred to in this section as
 an applicable milestone.
 `(2) COMPLIANCE DEMONSTRATION- For each nonattainment area referred to in
 paragraph (1), not later than 90 days after the date on which an applicable
 milestone occurs (not including an attainment date on which a milestone
 occurs in cases where the standard has been attained), each State in which
 all or part of such area is located shall submit to the Administrator a
 demonstration that the milestone has been met. 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, by rule. 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) SERIOUS AND SEVERE AREAS; STATE ELECTION- If a State fails to submit
 a demonstration under paragraph (2) for any Serious or Severe Area within
 the required period or if the Administrator determines that the area has
 not met any applicable milestone, the State shall elect, within 90 days
 after such failure or determination--
 `(A) to have the area reclassified to the next higher classification,
 `(B) to implement specific additional measures adequate, as determined by
 the Administrator, to meet the next milestone as provided in the applicable
 contingency plan, or
 `(C) to adopt an economic incentive program as described in paragraph (4).
If the State makes an election under subparagraph (B), the Administrator
shall, within 90 days after the election, review such plan and shall, if the
Administrator finds the contingency plan inadequate, require further measures
necessary to meet such milestone. Once the State makes an election, it shall be
deemed accepted by the Administrator as meeting the election requirement. If
the State fails to make an election required under this paragraph within
the required 90-day period or within 6 months thereafter, the area shall be
reclassified to the next higher classification by operation of law at the
expiration of such 6-month period. Within 12 months after the date required
for the State to make an election, the State shall submit a revision of the
applicable implementation plan for the area that meets the requirements of
this paragraph. The Administrator shall review such plan revision and approve
or disapprove the revision within 9 months after the date of its submission.
 `(4) ECONOMIC INCENTIVE PROGRAM- (A) An economic incentive program under
 this paragraph shall be consistent with rules published by the Administrator
 and sufficient, in combination with other elements of the State plan, to
 achieve the next milestone. The State program may include a nondiscriminatory
 system, consistent with applicable law regarding interstate commerce, of
 State established emissions fees or a system of marketable permits, or a
 system of State fees on sale or manufacture of products the use of which
 contributes to ozone formation, or any combination of the foregoing or other
 similar measures. The program may also include incentives and requirements
 to reduce vehicle emissions and vehicle miles traveled in the area, including
 any of the transportation control measures identified in section 108(f) .
 `(B) Within 2 years after the date of the enactment of the Clean Air Act
 Amendments of 1990, the Administrator shall publish rules for the programs
 to be adopted pursuant to subparagraph (A). Such rules shall include model
 plan provisions which may be adopted for reducing emissions from permitted
 stationary sources, area sources, and mobile sources. The guidelines shall
 require that any revenues generated by the plan provisions adopted pursuant
 to subparagraph (A) shall be used by the State for any of the following:
 `(i) Providing incentives for achieving emission reductions.
 `(ii) Providing assistance for the development of innovative technologies for
 the control of ozone air pollution and for the development of lower-polluting
 solvents and surface coatings. Such assistance shall not provide for the
 payment of more than 75 percent of either the costs of any project to develop
 such a technology or the costs of development of a lower-polluting solvent
 or surface coating.
 `(iii) Funding the administrative costs of State programs under this Act. Not
 more than 50 percent of such revenues may be used for purposes of this clause.
 `(5) EXTREME AREAS- If a State fails to submit a demonstration under
 paragraph (2) for any Extreme Area within the required period, or if the
 Administrator determines that the area has not met any applicable milestone,
 the State shall, within 9 months after such failure or determination,
 submit a plan revision to implement an economic incentive program which
 meets the requirements of paragraph (4). The Administrator shall review
 such plan revision and approve or disapprove the revision within 9 months
 after the date of its submission.
 `(h) RURAL TRANSPORT AREAS- (1) Notwithstanding any other provision of section
 181 or this section, a State containing an ozone nonattainment area that does
 not include, and is not adjacent to, any part of a Metropolitan Statistical
 Area or, where one exists, a Consolidated Metropolitan Statistical Area (as
 defined by the United States Bureau of the Census), which area is treated by
 the Administrator, in the Administrator's discretion, as a rural transport
 area within the meaning of paragraph (2), shall be treated by operation of
 law as satisfying the requirements of this section if it makes the submissions
 required under subsection (a) of this section (relating to marginal areas).
 `(2) The Administrator may treat an ozone nonattainment area as a rural
 transport area if the Administrator finds that sources of VOC (and, where
 the Administrator determines relevant, NOx) emissions within the area do
 not make a significant contribution to the ozone concentrations measured
 in the area or in other areas.
 `(i) RECLASSIFIED AREAS- Each State containing an ozone nonattainment
 area reclassified under section 181(b)(2) shall meet such requirements of
 subsections (b) through (d) 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 attainment dates) to the extent such adjustment is
 necessary or appropriate to assure consistency among the required submissions.
 `(j) MULTI-STATE OZONE NONATTAINMENT AREAS-
 `(1) COORDINATION AMONG STATES- Each State in which there is located a
 portion of a single ozone nonattainment area which covers more than one
 State (hereinafter in this section referred to as a `multi-State ozone
 nonattainment area') shall--
 `(A) take all reasonable steps to coordinate, substantively and procedurally,
 the revisions and implementation of State implementation plans applicable
 to the nonattainment area concerned; and
 `(B) use photochemical grid modeling or any other analytical method determined
 by the Administrator, in his discretion, to be at least as effective.
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 ozone
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 ozone nonattainment area fails to provide
 a demonstration of attainment of the national ambient air quality standard
 for ozone in that portion within the required period, 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 182 (relating to plan submissions
 and requirements for ozone nonattainment areas). If the Administrator
 makes such finding, the provisions of section 179 (relating to sanctions)
 shall not apply, by reason of the failure to make such demonstration, in
 the portion of the multi-State ozone nonattainment area within the State
 submitting such petition.
`SEC. 183. FEDERAL OZONE MEASURES.
 `(a) CONTROL TECHNIQUES GUIDELINES FOR VOC SOURCES- Within 3 years after
 the date of the enactment of the Clean Air Act Amendments of 1990, the
 Administrator shall issue control techniques guidelines, in accordance with
 section 108, for 11 categories of stationary sources of VOC emissions for
 which such guidelines have not been issued as of such date of enactment, not
 including the categories referred to in paragraphs (3) and (4) of subsection
 (b) of this section. The Administrator may issue such additional control
 techniques guidelines as the Administrator deems necessary.
 `(b) EXISTING AND NEW CTGS- (1) Within 36 months after the date of
 the enactment of the Clean Air Act Amendments of 1990, and periodically
 thereafter, the Administrator shall review and, if necessary, update control
 technique guidance issued under section 108 before the date of the enactment
 of the Clean Air Act Amendments of 1990.
 `(2) In issuing the guidelines the Administrator shall give priority
 to those categories which the Administrator considers to make the most
 significant contribution to the formation of ozone air pollution in ozone
 nonattainment areas, including hazardous waste treatment, storage, and
 disposal facilities which are permitted under subtitle C of the Solid Waste
 Disposal Act. Thereafter the Administrator shall periodically review and,
 if necessary, revise such guidelines.
 `(3) Within 3 years after the date of the enactment of the Clean Air
 Act Amendments of 1990, the Administrator shall issue control techniques
 guidelines in accordance with section 108 to reduce the aggregate emissions
 of volatile organic compounds into the ambient air from aerospace coatings
 and solvents. Such control techniques guidelines shall, at a minimum, be
 adequate to reduce aggregate emissions of volatile organic compounds into
 the ambient air from the application of such coatings and solvents to such
 level as the Administrator determines may be achieved through the adoption
 of best available control measures. Such control technology guidance shall
 provide for such reductions in such increments and on such schedules as the
 Administrator determines to be reasonable, but in no event later than 10 years
 after the final issuance of such control technology guidance. In developing
 control technology guidance under this subsection, the Administrator shall
 consult with the Secretary of Defense, the Secretary of Transportation, and
 the Administrator of the National Aeronautics and Space Administration with
 regard to the establishment of specifications for such coatings. In evaluating
 VOC reduction strategies, the guidance shall take into account the applicable
 requirements of section 112 and the need to protect stratospheric ozone.
 `(4) Within 3 years after the date of the enactment of the Clean Air
 Act Amendments of 1990, the Administrator shall issue control techniques
 guidelines in accordance with section 108 to reduce the aggregate emissions
 of volatile organic compounds and PM-10 into the ambient air from paints,
 coatings, and solvents used in shipbuilding operations and ship repair. Such
 control techniques guidelines shall, at a minimum, be adequate to reduce
 aggregate emissions of volatile organic compounds and PM-10 into the ambient
 air from the removal or application of such paints, coatings, and solvents
 to such level as the Administrator determines may be achieved through the
 adoption of the best available control measures. Such control techniques
 guidelines shall provide for such reductions in such increments and on such
 schedules as the Administrator determines to be reasonable, but in no event
 later than 10 years after the final issuance of such control technology
 guidance. In developing control techniques guidelines under this subsection,
 the Administrator shall consult with the appropriate Federal agencies.
 `(c) ALTERNATIVE CONTROL TECHNIQUES- Within 3 years after the date of
 the enactment of the Clean Air Act Amendments of 1990, the Administrator
 shall issue technical documents which identify alternative controls for all
 categories of stationary sources of volatile organic compounds and oxides
 of nitrogen which emit, or have the potential to emit 25 tons per year or
 more of such air pollutant. The Administrator shall revise and update such
 documents as the Administrator determines necessary.
 `(d) GUIDANCE FOR EVALUATING COST-EFFECTIVENESS- Within 1 year after the date
 of the enactment of the Clean Air Act Amendments of 1990, the Administrator
 shall provide guidance to the States to be used in evaluating the relative
 cost-effectiveness of various options for the control of emissions
 from existing stationary sources of air pollutants which contribute to
 nonattainment of the national ambient air quality standards for ozone.
 `(e) CONTROL OF EMISSIONS FROM CERTAIN SOURCES-
 `(1) DEFINITIONS- For purposes of this subsection--
 `(A) BEST AVAILABLE CONTROLS- The term `best available controls' means the
 degree of emissions reduction that the Administrator determines, on the
 basis of technological and economic feasibility, health, environmental, and
 energy impacts, is achievable through the application of the most effective
 equipment, measures, processes, methods, systems or techniques, including
 chemical reformulation, product or feedstock substitution, repackaging,
 and directions for use, consumption, storage, or disposal.
 `(B) CONSUMER OR COMMERCIAL PRODUCT- The term `consumer or commercial product'
 means any substance, product (including paints, coatings, and solvents), or
 article (including any container or packaging) held by any person, the use,
 consumption, storage, disposal, destruction, or decomposition of which may
 result in the release of volatile organic compounds. The term does not include
 fuels or fuel additives regulated under section 211, or motor vehicles,
 non-road vehicles, and non-road engines as defined under section 216.
 `(C) REGULATED ENTITIES- The term `regulated entities' means--
 `(i) manufacturers, processors, wholesale distributors, or importers of
 consumer or commercial products for sale or distribution in interstate
 commerce in the United States; or
 `(ii) manufacturers, processors, wholesale distributors, or importers that
 supply the entities listed under clause (i) with such products for sale or
 distribution in interstate commerce in the United States.
 `(2) STUDY AND REPORT-
 `(A) STUDY- The Administrator shall conduct a study of the emissions of
 volatile organic compounds into the ambient air from consumer and commercial
 products (or any combination thereof) in order to--
 `(i) determine their potential to contribute to ozone levels which violate
 the national ambient air quality standard for ozone; and
 `(ii) establish criteria for regulating consumer and commercial products
 or classes or categories thereof which shall be subject to control under
 this subsection.
The study shall be completed and a report submitted to Congress not later
than 3 years after the date of the enactment of the Clean Air Act Amendments
of 1990.
 `(B) CONSIDERATION OF CERTAIN FACTORS- In establishing the criteria under
 subparagraph (A)(ii), the Administrator shall take into consideration each
 of the following:
 `(i) The uses, benefits, and commercial demand of consumer and commercial
 products.
 `(ii) The health or safety functions (if any) served by such consumer and
 commercial products.
 `(iii) Those consumer and commercial products which emit highly reactive
 volatile organic compounds into the ambient air.
 `(iv) Those consumer and commercial products which are subject to the most
 cost-effective controls.
 `(v) The availability of alternatives (if any) to such consumer and
 commercial products which are of comparable costs, considering health,
 safety, and environmental impacts.
 `(3) REGULATIONS TO REQUIRE EMISSION REDUCTIONS-
 `(A) IN GENERAL- Upon submission of the final report under paragraph (2),
 the Administrator shall list those categories of consumer or commercial
 products that the Administrator determines, based on the study, account for
 at least 80 percent of the VOC emissions, on a reactivity-adjusted basis,
 from consumer or commercial products in areas that violate the NAAQS for
 ozone. Credit toward the 80 percent emissions calculation shall be given for
 emission reductions from consumer or commercial products made after the date
 of enactment of this section. At such time, the Administrator shall divide
 the list into 4 groups establishing priorities for regulation based on the
 criteria established in paragraph (2). Every 2 years after promulgating
 such list, the Administrator shall regulate one group of categories until
 all 4 groups are regulated. The regulations shall require best available
 controls as defined in this section. Such regulations may exempt health
 use products for which the Administrator determines there is no suitable
 substitute. In order to carry out this section, the Administrator may, by
 regulation, control or prohibit any activity, including the manufacture or
 introduction into commerce, offering for sale, or sale of any consumer or
 commercial product which results in emission of volatile organic compounds
 into the ambient air.
 `(B) REGULATED ENTITIES- Regulations under this subsection may be imposed
 only with respect to regulated entities.
 `(C) USE OF CTGS- For any consumer or commercial product the Administrator
 may issue control techniques guidelines under this Act in lieu of regulations
 required under subparagraph (A) if the Administrator determines that such
 guidance will be substantially as effective as regulations in reducing
 emissions of volatile organic compounds which contribute to ozone levels
 in areas which violate the national ambient air quality standard for ozone.
 `(4) SYSTEMS OF REGULATION- The regulations under this subsection may
 include any system or systems of regulation as the Administrator may
 deem appropriate, including requirements for registration and labeling,
 self-monitoring and reporting, prohibitions, limitations, or economic
 incentives (including marketable permits and auctions of emissions rights)
 concerning the manufacture, processing, distribution, use, consumption,
 or disposal of the product.
 `(5) SPECIAL FUND- Any amounts collected by the Administrator under such
 regulations shall be deposited in a special fund in the United States
 Treasury for licensing and other services, which thereafter shall be
 available until expended, subject to annual appropriation Acts, solely to
 carry out the activities of the Administrator for which such fees, charges,
 or collections are established or made.
 `(6) ENFORCEMENT- Any regulation established under this subsection shall
 be treated, for purposes of enforcement of this Act, as a standard under
 section 111 and any violation of such regulation shall be treated as a
 violation of a requirement of section 111(e).
 `(7) STATE ADMINISTRATION- Each State may develop and submit to the
 Administrator a procedure under State law for implementing and enforcing
 regulations promulgated under this subsection. If the Administrator finds
 the State procedure is adequate, the Administrator shall approve such
 procedure. Nothing in this paragraph shall prohibit the Administrator from
 enforcing any applicable regulations under this subsection.
 `(8) SIZE, ETC- No regulations regarding the size, shape, or labeling of
 a product may be promulgated, unless the Administrator determines such
 regulations to be useful in meeting any national ambient air quality standard.
 `(9) STATE CONSULTATION- Any State which proposes regulations other than
 those adopted under this subsection shall consult with the Administrator
 regarding whether any other State or local subdivision has promulgated or
 is promulgating regulations on any products covered under this part. The
 Administrator shall establish a clearinghouse of information, studies,
 and regulations proposed and promulgated regarding products covered under
 this subsection and disseminate such information collected as requested by
 State or local subdivisions.
 `(f) TANK VESSEL STANDARDS-
 `(1) SCHEDULE FOR STANDARDS- (A) Within 2 years after the date of the
 enactment of the Clean Air Act Amendments of 1990, the Administrator, in
 consultation with the Secretary of the Department in which the Coast Guard
 is operating, shall promulgate standards applicable to the emission of VOCs
 and any other air pollutant from loading and unloading of tank vessels (as
 that term is defined in section 2101 of title 46 of the United States Code)
 which the Administrator finds causes, or contributes to, air pollution that
 may be reasonably anticipated to endanger public health or welfare. Such
 standards shall require the application of reasonably available control
 technology, considering costs, any nonair-quality benefits, environmental
 impacts, energy requirements and safety factors associated with alternative
 control techniques. To the extent practicable such standards shall apply
 to loading and unloading facilities and not to tank vessels.
 `(B) Any regulation prescribed under this subsection (and any revision
 thereof) shall take effect after such period as the Administrator finds
 (after consultation with the Secretary of the department in which the Coast
 Guard is operating) necessary to permit the development and application of
 the requisite technology, giving appropriate consideration to the cost of
 compliance within such period, except that the effective date shall not be
 more than 2 years after promulgation of such regulations.
 `(2) REGULATIONS ON EQUIPMENT SAFETY- Within 6 months after the date of the
 enactment of the Clean Air Act Amendments of 1990, the Secretary of the
 Department in which the Coast Guard is operating shall issue regulations
 to ensure the safety of the equipment and operations which are to control
 emissions from the loading and unloading of tank vessels, under section
 3703 of title 46 of the United States Code and section 6 of the Ports and
 Waterways Safety Act (33 U.S.C. 1225). The standards promulgated by the
 Administrator under paragraph (1) and the regulations issued by a State or
 political subdivision regarding emissions from the loading and unloading
 of tank vessels shall be consistent with the regulations regarding safety
 of the Department in which the Coast Guard is operating.
 `(3) AGENCY AUTHORITY- (A) The Administrator shall ensure compliance with
 the tank vessel emission standards prescribed under paragraph (1)(A). The
 Secretary of the Department in which the Coast Guard is operating shall also
 ensure compliance with the tank vessel standards prescribed under paragraph
 (1)(A).
 `(B) The Secretary of the Department in which the Coast Guard is operating
 shall ensure compliance with the regulations issued under paragraph (2).
 `(4) STATE OR LOCAL STANDARDS- After the Administrator promulgates standards
 under this section, no State or political subdivision thereof may adopt
 or attempt to enforce any standard respecting emissions from tank vessels
 subject to regulation under paragraph (1) unless such standard is no less
 stringent than the standards promulgated under paragraph (1).
 `(5) ENFORCEMENT- Any standard established under paragraph (1)(A) shall be
 treated, for purposes of enforcement of this Act, as a standard under section
 111 and any violation of such standard shall be treated as a violation of
 a requirement of section 111(e).
 `(g) OZONE DESIGN VALUE STUDY- The Administrator shall conduct a study
 of whether the methodology in use by the Environmental Protection Agency
 as of the date of the enactment of the Clean Air Act Amendments of 1990
 for establishing a design value for ozone provides a reasonable indicator
 of the ozone air quality of ozone nonattainment areas. The Administrator
 shall obtain input from States, local subdivisions thereof, and others. The
 study shall be completed and a report submitted to Congress not later than
 3 years after the date of the enactment of the Clean Air Act Amendments of
 1990. The results of the study shall be subject to peer and public review
 before submitting it to Congress.
`SEC. 184. CONTROL OF INTERSTATE OZONE AIR POLLUTION.
 `(a) OZONE TRANSPORT REGIONS- A single transport region for ozone (within
 the meaning of section 176A(a)), comprised of the States of Connecticut,
 Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey,
 New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated
 Metropolitan Statistical Area that includes the District of Columbia, is
 hereby established by operation of law. The provisions of section 176A(a)
 (1) and (2) shall apply with respect to the transport region established
 under this section and any other transport region established for ozone,
 except to the extent inconsistent with the provisions of this section. The
 Administrator shall convene the commission required (under section 176A(b))
 as a result of the establishment of such region within 6 months of the date
 of the enactment of the Clean Air Act Amendments of 1990.
 `(b) PLAN PROVISIONS FOR STATES IN OZONE TRANSPORT REGIONS- (1) In accordance
 with section 110, not later than 2 years after the date of the enactment
 of the Clean Air Act Amendments of 1990 (or 9 months after the subsequent
 inclusion of a State in a transport region established for ozone), each
 State included within a transport region established for ozone shall submit
 a State implementation plan or revision thereof to the Administrator which
 requires the following--
 `(A) that each area in such State that is in an ozone transport region, and
 that is a metropolitan statistical area or part thereof with a population
 of 100,000 or more comply with the provisions of section 182(c)(2)(A)
 (pertaining to enhanced vehicle inspection and maintenance programs); and
 `(B) implementation of reasonably available control technology with respect to
 all sources of volatile organic compounds in the State covered by a control
 techniques guideline issued before or after the date of the enactment of
 the Clean Air Act Amendments of 1990.
 `(2) Within 3 years after the date of the enactment of the Clean Air Act
 Amendments of 1990, the Administrator shall complete a study identifying
 control measures capable of achieving emission reductions comparable to
 those achievable through vehicle refueling controls contained in section
 182(b)(3), and such measures or such vehicle refueling controls shall be
 implemented in accordance with the provisions of this section. Notwithstanding
 other deadlines in this section, the applicable implementation plan shall
 be revised to reflect such measures within 1 year of completion of the
 study. For purposes of this section any stationary source that emits or
 has the potential to emit at least 50 tons per year of volatile organic
 compounds shall be considered a major stationary source and subject to the
 requirements which would be applicable to major stationary sources if the
 area were classified as a Moderate nonattainment area.
 `(c) ADDITIONAL CONTROL MEASURES-
 `(1) RECOMMENDATIONS- Upon petition of any State within a transport region
 established for ozone, and based on a majority vote of the Governors on
 the Commission (or their designees), the Commission may, after notice
 and opportunity for public comment, develop recommendations for additional
 control measures to be applied within all or a part of such transport region
 if the commission determines such measures are necessary to bring any area
 in such region into attainment by the dates provided by this subpart. The
 commission shall transmit such recommendations to the Administrator.
 `(2) NOTICE AND REVIEW- Whenever the Administrator receives recommendations
 prepared by a commission pursuant to paragraph (1) (the date of receipt
 of which shall hereinafter in this section be referred to as the `receipt
 date'), the Administrator shall--
 `(A) immediately publish in the Federal Register a notice stating that the
 recommendations are available and provide an opportunity for public hearing
 within 90 days beginning on the receipt date; and
 `(B) commence a review of the recommendations to determine whether the
 control measures in the recommendations are necessary to bring any area in
 such region into attainment by the dates provided by this subpart and are
 otherwise consistent with this Act.
 `(3) CONSULTATION- In undertaking the review required under paragraph
 (2)(B), the Administrator shall consult with members of the commission
 of the affected States and shall take into account the data, views, and
 comments received pursuant to paragraph (2)(A).
 `(4) APPROVAL AND DISAPPROVAL- Within 9 months after the receipt date,
 the Administrator shall (A) determine whether to approve, disapprove,
 or partially disapprove and partially approve the recommendations; (B)
 notify the commission in writing of such approval, disapproval, or partial
 disapproval; and (C) publish such determination in the Federal Register. If
 the Administrator disapproves or partially disapproves the recommendations,
 the Administrator shall specify--
 `(i) why any disapproved additional control measures are not necessary to
 bring any area in such region into attainment by the dates provided by this
 subpart or are otherwise not consistent with the Act; and
 `(ii) recommendations concerning equal or more effective actions that
 could be taken by the commission to conform the disapproved portion of the
 recommendations to the requirements of this section.
 `(5) FINDING- Upon approval or partial approval of recommendations submitted
 by a commission, the Administrator shall issue to each State which is
 included in the transport region and to which a requirement of the approved
 plan applies, a finding under section 110(k)(5) that the implementation
 plan for such State is inadequate to meet the requirements of section
 110(a)(2)(D). Such finding shall require each such State to revise its
 implementation plan to include the approved additional control measures
 within one year after the finding is issued.
 `(d) BEST AVAILABLE AIR QUALITY MONITORING AND MODELING- For purposes of
 this section, not later than 6 months after the date of the enactment of
 the Clean Air Act Amendments of 1990, the Administrator shall promulgate
 criteria for purposes of determining the contribution of sources in one
 area to concentrations of ozone in another area which is a nonattainment
 area for ozone. Such criteria shall require that the best available air
 quality monitoring and modeling techniques be used for purposes of making
 such determinations.
`SEC. 185. ENFORCEMENT FOR SEVERE AND EXTREME OZONE NONATTAINMENT AREAS FOR
FAILURE TO ATTAIN.
 `(a) GENERAL RULE- Each implementation plan revision required under section
 182 (d) and (e) (relating to the attainment plan for Severe and Extreme
 ozone nonattainment areas) shall provide that, if the area to which such
 plan revision applies has failed to attain the national primary ambient air
 quality standard for ozone by the applicable attainment date, each major
 stationary source of VOCs located in the area shall, except as otherwise
 provided under subsection (c), pay a fee to the State as a penalty for such
 failure, computed in accordance with subsection (b), for each calendar
 year beginning after the attainment date, until the area is redesignated
 as an attainment area for ozone. Each such plan revision should include
 procedures for assessment and collection of such fees.
 `(b) COMPUTATION OF FEE-
 `(1) FEE AMOUNT- The fee shall equal $5,000, adjusted in accordance with
 paragraph (3), per ton of VOC emitted by the source during the calendar year
 in excess of 80 percent of the baseline amount, computed under paragraph (2).
 `(2) BASELINE AMOUNT- For purposes of this section, the baseline amount
 shall be computed, in accordance with such guidance as the Administrator
 may provide, as the lower of the amount of actual VOC emissions (`actuals')
 or VOC emissions allowed under the permit applicable to the source (or, if
 no such permit has been issued for the attainment year, the amount of VOC
 emissions allowed under the applicable implementation plan (`allowables'))
 during the attainment year. Notwithstanding the preceding sentence,
 the Administrator may issue guidance authorizing the baseline amount to
 be determined in accordance with the lower of average actuals or average
 allowables, determined over a period of more than one calendar year. Such
 guidance may provide that such average calculation for a specific source
 may be used if that source's emissions are irregular, cyclical, or otherwise
 vary significantly from year to year.
 `(3) ANNUAL ADJUSTMENT- The fee amount under paragraph (1) shall be adjusted
 annually, beginning in the year beginning after the year of enactment,
 in accordance with section 502(b)(3)(B)(v) (relating to inflation adjustment).
 `(c) EXCEPTION- Notwithstanding any provision of this section, no source shall
 be required to pay any fee under subsection (a) with respect to emissions
 during any year that is treated as an Extension Year under section 181(a)(5).
 `(d) FEE COLLECTION BY THE ADMINISTRATOR- If the Administrator has found that
 the fee provisions of the implementation plan do not meet the requirements
 of this section, or if the Administrator makes a finding that the State
 is not administering and enforcing the fee required under this section,
 the Administrator shall, in addition to any other action authorized
 under this title, collect, in accordance with procedures promulgated by
 the Administrator, the unpaid fees required under subsection (a). If the
 Administrator makes such a finding under section 179(a)(4), the Administrator
 may collect fees for periods before the determination, plus interest computed
 in accordance with section 6621(a)(2) of the Internal Revenue Code of 1986
 (relating to computation of interest on underpayment of Federal taxes),
 to the extent the Administrator finds such fees have not been paid to the
 State. The provisions of clauses (ii) through (iii) of section 502(b)(3)(C)
 (relating to penalties and use of the funds, respectively) shall apply with
 respect to fees collected under this subsection.
 `(e) EXEMPTIONS FOR CERTAIN SMALL AREAS- For areas with a total population
 under 200,000 which fail to attain the standard by the applicable attainment
 date, no sanction under this section or under any other provision of this Act
 shall apply if the area can demonstrate, consistent with guidance issued by
 the Administrator, that attainment in the area is prevented because of ozone
 or ozone precursors transported from other areas. The prohibition applies
 only in cases in which the area has met all requirements and implemented
 all measures applicable to the area under this Act.
`SEC. 185A. TRANSITIONAL AREAS.
 `If an area designated as an ozone nonattainment area as of the date of
 enactment of the Clean Air Act Amendments of 1990 has not violated the
 national primary ambient air quality standard for ozone for the 36-month
 period commencing on January 1, 1987, and ending on December 31, 1989,
 the Administrator shall suspend the application of the requirements of
 this subpart to such area until December 31, 1991. By June 30, 1992, the
 Administrator shall determine by order, based on the area's design value as of
 the attainment date, whether the area attained such standard by December 31,
 1991. If the Administrator determines that the area attained the standard,
 the Administrator shall require, as part of the order, the State to submit
 a maintenance plan for the area within 12 months of such determination. If
 the Administrator determines that the area failed to attain the standard,
 the Administrator shall, by June 30, 1992, designate the area as nonattainment
 under section 107(d)(4).
`SEC. 185B. NOx AND VOC STUDY.
 `The Administrator, in conjunction with the National Academy of Sciences,
 shall conduct a study on the role of ozone precursors in tropospheric ozone
 formation and control. The study shall examine the roles of NOx and VOC
 emission reductions, the extent to which NOx reductions may contribute (or be
 counterproductive) to achievement of attainment in different nonattainment
 areas, the sensitivity of ozone to the control of NOx, the availability
 and extent of controls for NOx, the role of biogenic VOC emissions, and
 the basic information required for air quality models. The study shall be
 completed and a proposed report made public for 30 days comment within 1
 year of the date of the enactment of the Clean Air Act Amendments of 1990,
 and a final report shall be submitted to Congress within 15 months after such
 date of enactment. The Administrator shall utilize all available information
 and studies, as well as develop additional information, in conducting the
 study required by this section.'.
SEC. 104. ADDITIONAL PROVISIONS FOR CARBON MONOXIDE NONATTAINMENT AREAS.
 Part D of title I of the Clean Air Act 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 3
---------------------------------------------------------------------
 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)(A) 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, in consultation with the Secretary
 of Transportation, 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.
 `(B) SPECIAL RULE FOR DENVER- Within 2 years after the date of the enactment
 of the Clean Air Act Amendments of 1990, in the case of Denver, the State
 shall submit a revision that includes the transportation control measures
 as required in section 182(d)(1)(A) except that such revision shall be for
 the purpose of reducing CO emissions rather than volatile organic compound
 emissions. If the State fails to include any such measure, the implementation
 plan shall contain an explanation of why such measure was not adopted
 and what emissions reduction measure was adopted to provide a comparable
 reduction in emissions, or reasons why such reduction is not necessary to
 attain the national primary ambient air quality standard for carbon monoxide.
 `(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-
 `(1) IN GENERAL- Each State in which all or part of a Serious Area is located
 shall, with respect to the Serious Area, make the submissions (other than
 those required under subsection (a)(1)(B)) 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.
 `(2) VEHICLE MILES TRAVELED- 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. In the case of
 any such area (other than an area in New York State) which is a covered area
 (as defined in section 246(a)(2)(B)) for purposes of the Clean Fuel Fleet
 program under part C of title II, if the State fails to include any such
 measure, the implementation plan shall contain an explanation of why such
 measure was not adopted and what emissions reduction measure was adopted to
 provide a comparable reduction in emissions, or reasons why such reduction
 is not necessary to attain the national primary ambient air quality standard
 for carbon monoxide.
 `(3) OXYGENATED GASOLINE- (A) 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--
 `(i) the Consolidated Metropolitan Statistical Area (as defined by the
 United States Office of Management and Budget) (CMSA) in which the area is
 located, or
 `(ii) 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.
 `(B) Notwithstanding subparagraph (A), 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.'.
SEC. 105. ADDITIONAL PROVISIONS FOR PARTICULATE MATTER (PM-10) NONATTAINMENT
AREAS.
 (a) PM-10 NONATTAINMENT AREAS- Part D of title I of the Clean Air Act 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
 107(d)(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 IV
 and other provisions of this Act.'.
 (b) PM-10 INCREMENTS IN PSD AREAS- Section 166 of the Clean Air Act (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.'.
SEC. 106. ADDITIONAL PROVISIONS FOR AREAS DESIGNATED NONATTAINMENT FOR SULFUR
OXIDES, NITROGEN DIOXIDE, AND LEAD.
 Part D of title I of the Clean Air Act 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. 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.'.
SEC. 107. PROVISIONS RELATED TO INDIAN TRIBES.
 (a) DEFINITION OF AIR POLLUTION CONTROL AGENCY- Section 302(b) of the Clean
 Air Act (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 of the Clean Air Act (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 of the Clean Air Act (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 of the Clean Air Act (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.'.
SEC. 108. MISCELLANEOUS GUIDANCE.
 (a) TRANSPORTATION PLANNING GUIDANCE- Section 108(e) of the Clean Air Act
 is amended by deleting the first sentence and inserting in lieu thereof the
 following: `The Administrator shall, after consultation with the Secretary of
 Transportation, and after providing public notice and opportunity for comment,
 and with State and local officials, within nine months after enactment of the
 Clean Air Act Amendments of 1989 and periodically thereafter as necessary
 to maintain a continuous transportation-air quality planning process,
 update the June 1978 Transportation-Air Quality Planning Guidelines and
 publish guidance on the development and implementation of transportation
 and other measures necessary to demonstrate and maintain attainment of
 national ambient air quality standards.'.
 (b) TRANSPORTATION CONTROL MEASURES- Section 108(f)(1) of the Clean Air Act
 is amended by deleting all after `(f)' through the end of subparagraph (A)
 and inserting in lieu thereof the following:
 `(1) The Administrator shall publish and make available to appropriate
 Federal, State, and local environmental and transportation agencies not
 later than one year after enactment of the Clean Air Act Amendments of 1990,
 and from time to time thereafter--
 `(A) information prepared, as appropriate, in consultation with the Secretary
 of Transportation, and after providing public notice and opportunity for
 comment, regarding the formulation and emission reduction potential of
 transportation control measures related to criteria pollutants and their
 precursors, including, but not limited to--
 `(i) programs for improved public transit;
 `(ii) restriction of certain roads or lanes to, or construction of such
 roads or lanes for use by, passenger buses or high occupancy vehicles;
 `(iii) employer-based transportation management plans, including incentives;
 `(iv) trip-reduction ordinances;
 `(v) traffic flow improvement programs that achieve emission reductions;
 `(vi) fringe and transportation corridor parking facilities serving multiple
 occupancy vehicle programs or transit service;
 `(vii) programs to limit or restrict vehicle use in downtown areas or other
 areas of emission concentration particularly during periods of peak use;
 `(viii) programs for the provision of all forms of high-occupancy,
 shared-ride services;
 `(ix) programs to limit portions of road surfaces or certain sections of the
 metropolitan area to the use of non-motorized vehicles or pedestrian use,
 both as to time and place;
 `(x) programs for secure bicycle storage facilities and other facilities,
 including bicycle lanes, for the convenience and protection of bicyclists,
 in both public and private areas;
 `(xi) programs to control extended idling of vehicles;
 `(xii) programs to reduce motor vehicle emissions, consistent with title II,
 which are caused by extreme cold start conditions;
 `(xiii) employer-sponsored programs to permit flexible work schedules;
 `(xiv) programs and ordinances to facilitate non-automobile travel,
 provision and utilization of mass transit, and to generally reduce the need
 for single-occupant vehicle travel, as part of transportation planning
 and development efforts of a locality, including programs and ordinances
 applicable to new shopping centers, special events, and other centers of
 vehicle activity;
 `(xv) programs for new construction and major reconstructions of paths, tracks
 or areas solely for the use by pedestrian or other non-motorized means of
 transportation when economically feasible and in the public interest. For
 purposes of this clause, the Administrator shall also consult with the
 Secretary of the Interior; and
 `(xvi) program to encourage the voluntary removal from use and the marketplace
 of pre-1980 model year light duty vehicles and pre-1980 model light duty
 trucks.'.
 (c) RACT/BACT/LAER CLEARINGHOUSE- Section 108 of the Clean Air Act (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.'.
 (d) STATE REPORTS ON EMISSIONS-RELATED DATA- Section 110 of the Clean Air
 Act (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.'.
 (e) NEW SOURCE STANDARDS OF PERFORMANCE- (1) Section 111(b)(1)(B) of the
 Clean Air Act (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) of the Clean Air Act (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.'.
 (f) SAVINGS CLAUSE- Section 111(a)(3) of the Clean Air Act (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.'.
 (g) REGULATION OF EXISTING SOURCES- Section 111(d)(1)(A)(i) of the Clean Air
 Act (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'.
 (h) CONSULTATION- The penultimate sentence of section 121 of the Clean Air
 Act (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.'.
 (i) DELEGATION- The second sentence of section 301(a)(1) of the Clean Air Act
 (42 U.S.C. 7601(a)(1)) is amended by inserting `subject to section 307(d)'
 immediately following `regulations'.
 (j) DEFINITIONS- Section 302 of the Clean Air Act (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 marketable permits or auctions of emissions allowances), and provides
 for attainment of the relevant national ambient air quality standard.'.
 (2) Section 302(g) of the Clean Air Act (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.'.
 (k) POLLUTION PREVENTION- Section 101 of the Clean Air Act (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.'.
 (l) Part D of title I of the Clean Air Act is amended by adding a new
 subpart after subpart 5 as follows:
`Subpart 6--Savings Provisions
`Sec. 193. General savings clause.
`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.'.
 (m) BOUNDARY CHANGES- Section 162(a) of the Clean Air Act (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.'.
 (n) BOUNDARIES- Section 164(a) of the Clean Air Act (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.'.
 (o) ASSESSMENTS- Section 108 of the Clean Air Act (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).'.
 (p)  PUBLIC PARTICIPATION- Section 307 of the Clean Air Act (42 U.S.C. 7607)
 is amended by adding the following after subsection (g):
 `(h) 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).'.
 (q) ETHICS, FINANCIAL DISCLOSURE, AND CONFLICTS OF INTEREST- Section 318
 of the Clean Air Act (42 U.S.C. 7618) is repealed.'.
SEC. 109. INTERSTATE POLLUTION.
 (a) AMENDMENTS TO SECTION 126- Section 126 of the Clean Air Act (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) of the Clean Air Act (42
 U.S.C. 7602(h)) is amended by inserting before the period `, whether caused
 by transformation, conversion, or combination with other air pollutants'.
SEC. 110. CONFORMING AMENDMENTS.
 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 IV (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 part C of title II,
 `(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 under title IV (relating
 to acid deposition),
 `(T) the promulgation or revision of any regulation under section 183(f)
 pertaining to marine vessels, and'.
SEC. 111. TRANSPORTATION SYSTEM IMPACTS ON CLEAN AIR.
 Section 108(f) of the Clean Air Act is amended by adding at the end thereof
 the following new paragraphs:
 `(3) The Secretary of Transportation and the Administrator shall submit to
 Congress by January 1, 1993, and every 3 years thereafter a report that--
 `(A) reviews and analyzes existing State and local air quality-related
 transportation programs, including specifically any analyses of whether
 adequate funding is available to complete transportation projects identified
 in State implementation plans in the time required by applicable State
 implementation plans and any Federal efforts to promote those programs;
 `(B) evaluates the extent to which the Department of Transportation's
 existing air quality-related transportation programs and such Department's
 proposed budget will achieve the goals of and compliance with this Act; and
 `(C) recommends what, if any, changes to such existing programs and proposed
 budget as well as any statutory authority relating to air quality-related
 transportation programs that would improve the achievement of the goals of
 and compliance with the Clean Air Act.
 `(4) In each report to Congress after the first report required under
 paragraph (3), the Secretary of Transportation shall include a description
 of the actions taken to implement the changes recommended in the preceding
 report.
TITLE II--PROVISIONS RELATING TO MOBILE SOURCES
TABLE OF CONTENTS
TITLE II--PROVISIONS RELATING TO MOBILE SOURCES
Part A--Amendments to Title II of Clean Air Act
Sec. 201. Heavy-duty trucks.
Sec. 202. Control of vehicle refueling emissions.
Sec. 203. Emission standards for conventional motor vehicles.
Sec. 204. Carbon monoxide emissions at cold temperatures.
Sec. 205. Evaporative emissions.
Sec. 206. Mobile source-related air toxics.
Sec. 207. Emission control diagnostics systems.
Sec. 208. Motor vehicle testing and certification.
Sec. 209. Auto warranties.
Sec. 210. In-use compliance--recall.
Sec. 211. Information collection.
Sec. 212. Nonroad fuels.
Sec. 213. State fuel regulation.
Sec. 214. Fuel waivers.
Sec. 215. Misfueling.
Sec. 216. Fuel volatility.
Sec. 217. Diesel fuel sulfur content.
Sec. 218. Lead substitute gasoline additives.
Sec. 219. Reformulated gasoline and oxygenated gasoline.
Sec. 220. Lead phasedown.
Sec. 221. Fuel and fuel additive importers.
Sec. 222. Nonroad engines and vehicles.
Sec. 223. New title II definitions.
Sec. 224. High altitude testing.
Sec. 225. Compliance program fees.
Sec. 226. Prohibition on production of engines requiring leaded gasoline.
Sec. 227. Urban buses.
Sec. 228. Enforcement.
Sec. 229. Clean-fuel vehicles.
Sec. 230. Technical amendments.
Part B--Other Provisions
Sec. 231. Ethanol substitute for diesel.
Sec. 232. Adoption by other States of California standards.
Sec. 233. States authority to regulate.
Sec. 234. Fugitive dust.
Sec. 235. Federal compliance.
PART A--AMENDMENTS TO TITLE II OF CLEAN AIR ACT
SEC. 201. HEAVY-DUTY TRUCKS.
 Section 202(a)(3) of the Clean Air Act (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) IN GENERAL- (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 or 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) REVISED STANDARDS FOR HEAVY DUTY TRUCKS- (i) 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) and applicable to classes
 or categories of heavy-duty vehicles or engines.
 `(ii) Effective for the model year 1998 and thereafter, the regulations
 under paragraph (1) of this subsection applicable to emissions of oxides
 of nitrogen (NOx) from gasoline and diesel-fueled heavy duty trucks shall
 contain standards which provide that such emissions may not exceed 4.0
 grams per brake horsepower hour (gbh).
 `(C) LEAD TIME AND STABILITY- Any standard promulgated or revised under this
 paragraph and applicable to classes or categories of heavy-duty vehicles or
 engines shall apply for a period of no less than 3 model years beginning no
 earlier than the model year commencing 4 years after such revised standard
 is promulgated.
 `(D) REBUILDING PRACTICES- 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
 the Administrator, 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 its 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.'.
 (2) Redesignate subparagraph (F) as subparagraph (E) and insert `MOTORCYCLES-
 ' before `For purposes of this paragraph'.
SEC. 202. CONTROL OF VEHICLE REFUELING EMISSIONS.
 Section 202(a)(6) of the Clean Air Act (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, after
 consultation with the Secretary of Transportation regarding the safety of
 vehicle-based (`onboard') systems for the control of vehicle refueling
 emissions, promulgate standards under this section requiring that new
 light-duty vehicles manufactured beginning in the fourth model year after
 the model year in which the standards are promulgated and thereafter shall
 be equipped with such systems. The standards required under this paragraph
 shall apply to a percentage of each manufacturer's fleet of new light-duty
 vehicles beginning with the fourth model year after the model year in which
 the standards are promulgated. The percentage shall be as specified in the
 following table:
`Implementation Schedule for Onboard Vapor Recovery Requirements
---------------------------------------------------------------
 Model year commencing after standards promulgated Percentage*
---------------------------------------------------------------
 Fourth                                            40
 Fifth                                             80
 After Fifth                                       100
---------------------------------------------------------------
*Percentages in the table refer to a percentage of the manufacturer's
sales volume.
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, by rule, 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.'.
SEC. 203. EMISSION STANDARDS FOR CONVENTIONAL MOTOR VEHICLES.
 (a) STANDARDS- Section 202 of the Clean Air Act (42 U.S.C. 7521) is amended
 by adding the following at the end thereof:
 `(g)  LIGHT-DUTY TRUCKS UP TO 6,000 LBS. GVWR AND LIGHT-DUTY VEHICLES;
 STANDARDS FOR MODEL YEARS AFTER 1993-
 `(1) NMHC, CO, AND NOX- Effective with respect to the model year 1994 and
 thereafter, the regulations under subsection (a) applicable to emissions of
 nonmethane hydrocarbons (NMHC), carbon monoxide (CO), and oxides of nitrogen
 (NOx) from light-duty trucks (LDTs) of up to 6,000 lbs. gross vehicle weight
 rating (GVWR) and light-duty vehicles (LDVs) shall contain standards which
 provide that emissions from a percentage of each manufacturer's sales volume
 of such vehicles and trucks shall comply with the levels specified in table
 G. The percentage shall be as specified in the implementation schedule below:
table g--emission standards for nmhc, co, and nox from light-duty trucks of
up to 6,000 lbs. gvwr and light-duty vehicles
----------------------------------------------------------------------------------------------------------
 Vehicle type                                             Column A
 Column B
                                                 (5 yrs/50,000 mi)
                                                 (10 yrs/100,000 mi)
                                                              NMHC  CO   NOx
                                                              NMHC  CO  NOx
----------------------------------------------------------------------------------------------------------
 LDTs (0-3,750 lbs. LVW) and light-duty vehicles              0.25 3.4  0.4*
 0.31 4.2 0.6*
 LDTs (3,751-5,750 lbs. LVW)                                  0.32 4.4 0.7**
 0.40 5.5 0.97
----------------------------------------------------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
For 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.
For 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.
*In the case of diesel-fueled  LDTs (0-3,750 lvw) and light-duty vehicles,
before the model year 2004, in lieu of the 0.4 and 0.6 standards for NOx,
the applicable standards for NOx shall be 1.0 gpm for a useful life of
5 years or 50,000 miles (or the equivalent), whichever first occurs, and
1.25 gpm for a useful life of 10 years or 100,000 miles (or the equivalent)
whichever first occurs.
**This standard does not apply to diesel-fueled LDTs (3,751-5,750 lbs. LVW).
`Implementation Schedule for Table G Standards
------------------------
 Model year Percentage*
------------------------
 1994       40
 1995       80
 after 1995 100
------------------------
*Percentages in the table refer to a percentage of each manufacturer's
sales volume.
 `(2) PM STANDARD- Effective with respect to model year 1994 and thereafter in
 the case of light-duty vehicles, and effective with respect to the model year
 1995 and thereafter in the case of light-duty trucks (LDTs) of up to 6,000
 lbs. gross vehicle weight rating (GVWR), the regulations under subsection
 (a) applicable to emissions of particulate matter (PM) from such vehicles
 and trucks shall contain standards which provide that such emissions from a
 percentage of each manufacturer's sales volume of such vehicles and trucks
 shall not exceed the levels specified in the table below. The percentage
 shall be as specified in the Implementation Schedule below.
`PM Standard for LDTs of up to 6,000 lbs. GVWR
-----------------------------
 Useful life period Standard
-----------------------------
 5/50,000           0.08 gpm
 10/100,000         0.10 gpm
-----------------------------
The applicable useful life, for purposes of certification under section 206
and for purposes of in-use compliance under section 207, shall be 5 years
or 50,000 miles (or the equivalent), whichever first occurs, in the case of
the 5/50,000 standard.
The applicable useful life, for purposes of certification under section 206
and for purposes of in-use compliance under section 207, shall be 10 years
or 100,000 miles (or the equivalent), whichever first occurs in the case of
the 10/100,000 standard.
`Implementation Schedule for PM Standards
--------------------------------------
 Model year Light-duty vehicles LDTs
--------------------------------------
 1994       40%*
 1995       80%*                40%*
 1996       100%*               80%*
 after 1996 100%*               100%*
--------------------------------------
*Percentages in the table refer to a percentage of each manufacturer's
sales volume.
 `(h)  LIGHT-DUTY TRUCKS OF MORE THAN 6,000 LBS. GVWR; STANDARDS FOR
 MODEL YEARS AFTER 1995- Effective with respect to the model year 1996 and
 thereafter, the regulations under subsection (a) applicable to emissions
 of nonmethane hydrocarbons (NMHC), carbon monoxide (CO), oxides of nitrogen
 (NOx), and particulate matter (PM) from light-duty trucks (LDTs) of more than
 6,000 lbs. gross vehicle weight rating (GVWR) shall contain standards which
 provide that emissions from a specified percentage of each manufacturer's
 sales volume of such trucks shall comply with the levels specified in table
 H. The specified percentage shall be 50 percent in model year 1996 and 100
 percent thereafter.
table h--emission standards for nmhc and co from gasoline and diesel fueled
light-duty trucks of more than 6,000 lbs. gvwr
----------------------------------------------------------------------------------
 LDT Test weight              Column A                     Column B
                     (5 yrs/50,000 mi)          (11 yrs/120,000 mi)
                                  NMHC  CO  NOx                NMHC  CO
                                  NOx   PM
----------------------------------------------------------------------------------
 3,751-5,750 lbs. TW              0.32 4.4 0.7*                0.46 6.4
 0.98 0.10
 Over 5,750 lbs. TW               0.39 5.0 1.1*                0.56 7.3
 1.53 0.12
----------------------------------------------------------------------------------
Standards are expressed in grams per mile (GPM).
For 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.
For standards under column B, for purposes of certification under section
206, the applicable useful life shall be 11 years or 120,000 miles (or the
equivalent), whichever first occurs.
*Not applicable to diesel-fueled LDTs.
 `(i) PHASE II STUDY FOR CERTAIN LIGHT-DUTY VEHICLES AND LIGHT-DUTY TRUCKS-
 (1) The Administrator, with the participation of the Office of Technology
 Assessment, shall study whether or not further reductions in emissions from
 light-duty vehicles 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 light-duty vehicles 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 light-duty
vehicles and light-duty trucks 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 light-duty vehicles 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 light-duty vehicles 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 light-duty
 vehicles 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 light-duty
 vehicles 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 light-duty
vehicles 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 light-duty
 vehicles 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 in 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 in 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 in paragraph (1)
 above shall contain standards which provide that emissions may not exceed
 the pending emission levels specified in Table 3 in paragraph (1).'.
 (b) USEFUL LIFE- Section 202(d) of the Clean Air Act (42 U.S.C. 7521(d)(1))
 is amended as follows:
 (1) Insert `except where a different useful life period is specified in
 this title' after `provide that'.
 (2) Strike the semicolon at the end of paragraph (1) and insert the following
 `, except that in the case of any requirement of this section which first
 becomes applicable after the enactment of the Clean Air Act Amendments
 of 1990 where the useful life period is not otherwise specified for such
 vehicles and engines, the period shall be 10 years or 100,000 miles (or the
 equivalent), whichever first occurs, with testing for purposes of in-use
 compliance under section 207 up to (but not beyond) 7 years or 75,000 miles
 (or the equivalent), whichever first occurs;'.
 (3) Insert `and light-duty trucks up to 3,750 lbs. LVW and up to 6,000
 lbs. GVWR' after `engines' in paragraph (1).
 (c) REVISED STANDARDS- Subparagraph (C) of section 202(b)(1) of the Clean
 Air Act (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. It
 is the intent of Congress that the numerical emission standards specified
 in subsections (a)(3)(B)(ii), (g), (h), and (i) shall not be modified by
 the Administrator after the enactment of the Clean Air Act Amendments of
 1990 for any model year before the model year 2004.'.
 (d) PROMULGATION- Section 202(b)(2) of the Clean Air Act (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.'.
SEC. 204. CARBON MONOXIDE EMISSIONS AT COLD TEMPERATURES.
 Section 202 of the Clean Air Act (42 U.S.C. 7521) is amended by adding the
 following new subsection after subsection (i):
 `(j) COLD CO STANDARD-
 `(1) PHASE I- 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 1994 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 shall
 take effect after model year 1993 according to a phase-in schedule which
 requires a percentage of each manufacturer's sales volume of light-duty
 vehicles and light-duty trucks to comply with applicable standards after
 model year 1993. The percentage shall be as specified in the following table:
`Phase-In Schedule for Cold Start Standards
---------------------------
 Model Year     Percentage
---------------------------
 1994           40
 1995           80
 1996 and after 100
---------------------------
 `(2) PHASE II- (A) Not later than June 1, 1997, 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 model year 2001 and later model year light-duty vehicles and light-duty
 trucks when operated at 20 degrees Fahrenheit.
 `(B)(i) If as of June 1, 1997, 6 or more nonattainment areas have a carbon
 monoxide design value of 9.5 ppm or greater, the regulations under subsection
 (a)(1) of this section applicable to emissions of carbon monoxide from model
 year 2002 and later model year light-duty vehicles and light-duty trucks
 shall contain standards which provide that emissions of carbon monoxide
 from such vehicles and trucks when operated at 20 degrees Fahrenheit may
 not exceed 3.4 grams per mile (gpm) in the case of light-duty vehicles and
 4.4 grams per mile (gpm) in the case of light-duty trucks up to 6,000 GVWR
 and a level comparable in stringency in the case of light-duty trucks 6,000
 GVWR and above.
 `(ii) In determining for purposes of this subparagraph whether 6 or more
 nonattainment areas have a carbon monoxide design value of 9.5 ppm or
 greater, the Administrator shall exclude the areas of Steubenville, Ohio,
 and Oshkosh, Wisconsin.
 `(3) USEFUL-LIFE FOR PHASE I AND PHASE II STANDARDS- In the case of the
 standards referred to in paragraphs (1) and (2), for purposes of certification
 under section 206 and in-use compliance under section 207, the applicable
 useful life period shall be 5 years or 50,000 miles, whichever first occurs,
 except that the Administrator may extend such useful life period (for purposes
 of section 206, or section 207, or both) if he determines that it is feasible
 for vehicles and engines subject to such standards to meet such standards for
 a longer useful life. If the Administrator extends such useful life period,
 the Administrator may make an appropriate adjustment of applicable standards
 for such extended useful life. No such extended useful life shall extend
 beyond the useful life period provided in regulations under subsection (d).
 `(4) HEAVY-DUTY VEHICLES AND ENGINES- The Administrator may also promulgate
 regulations under subsection (a)(1) applicable to emissions of carbon monoxide
 from heavy-duty vehicles and engines when operated at cold temperatures.'.
SEC. 205. EVAPORATIVE EMISSIONS.
 Section 202 of the Clean Air Act (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.'.
SEC. 206. MOBILE SOURCE-RELATED AIR TOXICS.
 Section 202 of the Clean Air Act (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.'.
SEC. 207. EMISSION CONTROL DIAGNOSTICS SYSTEMS AND BUSES.
 (a) EMISSION CONTROL DIAGNOSTICS- Section 202 of the Clean Air Act (42
 U.S.C. 7521) is amended by adding the following after subsection (l):
 `(m) EMISSIONS CONTROL DIAGNOSTICS-
 `(1) REGULATIONS- Within 18 months after the enactment of the Clean Air Act
 Amendments of 1990, the Administrator shall promulgate regulations under
 subsection (a) requiring manufacturers to install on all new light duty
 vehicles and light duty trucks diagnostics systems capable of--
 `(A) accurately identifying for the vehicle's useful life as established
 under this section, emission-related systems deterioration or malfunction,
 including, at a minimum, the catalytic converter and oxygen sensor, which
 could cause or result in failure of the vehicles 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.
The Administrator may, in the Administrator's discretion, promulgate
regulations requiring manufacturers to install such onboard diagnostic
systems on heavy-duty vehicles and engines.
 `(2) EFFECTIVE DATE- The regulations required under paragraph (1) of
 this subsection shall take effect in model year 1994, except that the
 Administrator may waive the application of such regulations for model year
 1994 or 1995 (or both) with respect to any class or category of motor
 vehicles if the Administrator determines that it would be infeasible to
 apply the regulations to that class or category in such model year or
 years, consistent with corresponding regulations or policies adopted by
 the California Air Resources Board for such systems.
 `(3) STATE INSPECTION- The Administrator shall by regulation require States
 that have implementation plans containing motor vehicle inspection and
 maintenance programs to amend their plans within 2 years after promulgation
 of such regulations to provide for inspection of onboard diagnostics systems
 (as prescribed by regulations under paragraph (1) of this subsection)
 and for the maintenance or repair of malfunctions or system deterioration
 identified by or affecting such diagnostics systems. Such regulations shall
 not be inconsistent with the provisions for warranties promulgated under
 section 207(a) and (b).
 `(4) SPECIFIC REQUIREMENTS- In promulgating regulations under this subsection,
 the Administrator shall require--
 `(A) that any connectors through which the emission control diagnostics
 system is accessed for inspection, diagnosis, service, or repair shall be
 standard and uniform on all motor vehicles and motor vehicle engines;
 `(B) that access to the emission control diagnostics system through such
 connectors shall be unrestricted and shall not require any access code or
 any device which is only available from a vehicle manufacturer; and
 `(C) that the output of the data from the emission control diagnostics
 system through such connectors 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
 to provide promptly to any person engaged in the repairing or servicing of
 motor vehicles or motor vehicle engines, and the Administrator for use by any
 such persons, with any and all information needed to make use of the emission
 control diagnostics system prescribed under this subsection and such other
 information including instructions for making emission related diagnosis
 and repairs. 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.'.
 (b) BUSES- Section 202 of the Clean Air Act is amended by adding the
 following new subsection at the end thereof:
 `(f) MODEL YEARS AFTER 1990- For model years prior to model year 1994,
 the regulations under section 202(a) applicable to buses other than those
 subject to standards under section 219 shall contain a standard which
 provides that emissions of particulate matter (PM) from such buses may not
 exceed the standards set forth in the following table:
`pm standard for buses
-------------------------------
 Model year          Standard*
-------------------------------
 1991                0.25
 1992                0.25
 1993 and thereafter 0.10
-------------------------------
*Standards are expressed in grams per brake horsepower hour (g/bhp/hr).
SEC. 208. MOTOR VEHICLE TESTING AND CERTIFICATION.
 (a) ADDITIONAL TESTING PROCEDURES- Section 206(a) of the Clean Air Act
 (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 model year 1994 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 1994 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) of the Clean Air
 Act (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.'.
 (c) FTP Modifications- Section 206 of the Clean Air Act is amended by adding
 the following new subsection at the end thereof:
 `(h) Within 18 months after the enactment of the Clean Air Act Amendments of
 1990, the Administrator shall review and revise as necessary the regulations
 under subsection (a) and (b) of this section regarding the testing of motor
 vehicles and motor vehicle engines to insure that vehicles are tested
 under circumstances which reflect the actual current driving conditions
 under which motor vehicles are used, including conditions relating to fuel,
 temperature, acceleration, and altitude.'.
SEC. 209. AUTO WARRANTIES.
 Effective with respect to new motor vehicles and engines manufactured in
 the model year 1995 and thereafter, section 207 of the Clean Air Act (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 light-duty trucks and
 new light-duty 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). For purposes of subsection
 (a)(1) and subsection (b), for other vehicles and engines the warranty
 period shall be the period established by the Administrator by regulation
 (promulgated prior to the enactment of the Clean Air Act Amendments of
 1990) for such purposes unless the Administrator subsequently modifies
 such regulation.
 `(2) SPECIFIED MAJOR EMISSION CONTROL COMPONENTS- In the case of a specified
 major emission control component, the warranty period for new light-duty
 trucks and new light-duty vehicles and engines manufactured in the model year
 1995 and thereafter 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, an electronic emissions control unit,
 and an onboard emissions diagnostic device, 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 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.
For purposes of this paragraph, the term `onboard emissions diagnostic
device' means any device installed for the purpose of storing or processing
emissions related diagnostic information, but not including any parts or
other systems which it monitors except specified major emissions control
components. 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).'.
SEC. 210. IN-USE COMPLIANCE--RECALL.
 Section 207(c) of the Clean Air Act (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 light-duty trucks of up to 6,000
 lbs. gross vehicle weight rating (GVWR) and light-duty vehicles which are
 subject to standards under table G of section 202(g)(1) 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 NMHC, CO,
 and NOx for purposes of this subsection shall be those set forth in table A
 below in lieu of the standards for such air pollutants otherwise applicable
 under this title.
`table a--intermediate in-use standards ldts up to 6,000 lbs. gvwr and
light-duty vehicles
---------------------------------------
 Vehicle type            NMHC  CO  NOx
---------------------------------------
 Light-duty vehicles     0.32 3.4 0.4*
 LDT's (0-3,750 LVW)     0.32 5.2 0.4*
 LDT's (3,751-5,750 LVW) 0.41 6.7 0.7*
---------------------------------------
*Not applicable to diesel-fueled vehicles.
 `(B) MODEL YEARS 1996 AND THEREAFTER- (i) In the model years 1996 and 1997,
 light-duty trucks (LDTs) up to 6,000 lbs. gross vehicle weight rating (GVWR)
 and light-duty vehicles 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
 set forth in table A of subparagraph (A) for NMHC, CO, and NOx for purposes
 of this subsection in lieu of those set forth in paragraph (5).
 `(ii) For LDTs of more than 6,000 lbs. GVWR--
 `(I) in model year 1996 which are subject to the standards set forth in
 Table H of section 202(h) (50%);
 `(II) in model year 1997 (100%); and
 `(III) in model year 1998 which are not subject to final in-use standards
 under paragraph (5) (50%);
the standards for NMHC, CO, and NOx for purposes of this subsection shall
be those set forth in Table B below in lieu of the standards for such air
pollutants otherwise applicable under this title.
`Table B--Intermediate In-Use Standards LDTs More Than 6,000 Lbs. GVWR
-------------------------------------------
 Vehicle type               NMHC  CO   NOx
-------------------------------------------
 LDTs (3,751-5,750 lbs. TW) 0.40 5.5 0.88*
 LDTs (over -5,750 lbs. TW) 0.49 6.2 1.38*
-------------------------------------------
*Not applicable to diesel-fueled vehicles.
 `(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
 first occurs).
 `(5) FINAL IN-USE STANDARDS- (A) After the model year 1995, for purposes
 of applying this subsection, in the case of the percentage specified in
 the implementation schedule below of each manufacturer's sales volume of
 light-duty trucks of up to 6,000 lbs. gross vehicle weight rating (GVWR)
 and light duty vehicles, the standards for NMHC, CO, and NOx shall be
 as provided in Table G in section 202(g), except that in applying the
 standards set forth in Table G for purposes of determining compliance with
 this subsection, the applicable useful life shall be (i) 5 years or 50,000
 miles (or the equivalent) whichever first occurs in the case of standards
 applicable for purposes of certification at 50,000 miles; and (ii) 10 years
 or 100,000 miles (or the equivalent), whichever first occurs in the case
 of standards applicable for purposes of certification at 100,000 miles,
 except that no testing shall be done beyond 7 years or 75,000 miles, or
 the equivalent whichever first occurs.
`LDTs Up To 6,000 Lbs. GVWR and Light-Duty Vehicle Schedule for Implementation
of Final In-Use Standards
--------------------
 Model year Percent
--------------------
 1996       40
 1997       80
 1998       100
--------------------
 `(B) After the model year 1997, for purposes of applying this subsection,
 in the case of the percentage specified in the implementation schedule
 below of each manufacturer's sales volume of light-duty trucks of more than
 6,000 lbs. gross vehicle weight rating (GVWR), the standards for NMHC, CO,
 and NOx shall be as provided in Table H in section 202(h), except that in
 applying the standards set forth in Table H for purposes of determining
 compliance with this subsection, the applicable useful life shall be (i)
 5 years or 50,000 miles (or the equivalent) whichever first occurs in the
 case of standards applicable for purposes of certification at 50,000 miles;
 and (ii) 11 years or 120,000 miles (or the equivalent), whichever first
 occurs in the case of standards applicable for purposes of certification
 at 120,000 miles, except that no testing shall be done beyond 7 years or
 90,000 miles (or the equivalent) whichever first occurs.
`LDTs of More Than 6,000 Lbs. GVWR Implementation Schedule for Implementation
of Final In-Use Standards
---------------------
  Model year Percent
---------------------
 1998        50
 1999        100
---------------------
 `(6) DIESEL VEHICLES; IN-USE USEFUL LIFE AND TESTING- (A) In the case
 of diesel-fueled light-duty trucks up to 6,000 lbs. GVWR and light-duty
 vehicles, the useful life for purposes of determining in-use compliance with
 the standards under section 202(g) for NOx shall be a period of 10 years or
 100,000 miles (or the equivalent), whichever first occurs, in the case of
 standards applicable for purposes of certification at 100,000 miles, except
 that testing shall not be done for a period beyond 7 years or 75,000 miles
 (or the equivalent) whichever first occurs.
 `(B) In the case of diesel-fueled light-duty trucks of 6,000 lbs. GVWR or
 more, the useful life for purposes of determining in-use compliance with
 the standards under section 202(h) for NOx shall be a period of 11 years or
 120,000 miles (or the equivalent), whichever first occurs, in the case of
 standards applicable for purposes of certification at 120,000 miles, except
 that testing shall not be done for a period beyond 7 years or 90,000 miles
 (or the equivalent) whichever first occurs.'.
SEC. 211. INFORMATION COLLECTION.
 Section 208 of the Clean Air Act (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 or part C, shall establish and maintain records, perform tests
 where such testing is not otherwise reasonably available under this part and
 part C (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
 part C and regulations thereunder, or to otherwise carry out the provision
 of this part and part C, 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,
 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 or part C 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.'.
SEC. 212. NONROAD FUELS.
 (a) FUELS AND FUEL ADDITIVES- Section 211(a) of the Clean Air Act (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) of the Clean Air Act (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) of the Clean Air Act (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'.
SEC. 213. STATE FUEL REGULATION.
 (a) IN GENERAL- Section 211(c)(4)(A) of the Clean Air Act (42
 U.S.C. 7545(c)(4)(A)) is amended as follows:
 (1) Strike out `use of a' and insert `any characteristic or component of a'.
 (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) of the Clean Air Act (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.'.
SEC. 214. FUEL WAIVERS.
 (a) COVERAGE- Section 211(f)(1) of the Clean Air Act (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) of the Clean Air Act (42
 U.S.C. 7545(f)(3)) is amended by inserting `(A)' immediately after `(1)'.
SEC. 215. MISFUELING.
 Section 211(g) of the Clean Air Act (42 U.S.C. 7545(g)) is amended to read
 as follows:
 `(g) MISFUELING- (1) 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 such person knows or should
 know is a vehicle designed solely for the use of unleaded gasoline.
 `(2) Beginning October 1, 1993, no person shall introduce or cause or
 allow the introduction into any motor vehicle of diesel fuel which such
 person knows or should know contains a concentration of sulfur in excess
 of 0.05 percent (by weight) or which fails to meet a cetane index minimum
 of 40 or such equivalent alternative aromatic level as prescribed by the
 Administrator under subsection (i)(2).'.
SEC. 216. FUEL VOLATILITY.
 Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding the
 following new subsection at the end thereof:
 `(h) REID VAPOR PRESSURE REQUIREMENTS-
 `(1) PROHIBITION- 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.
 `(2) ATTAINMENT AREAS- The regulations under this subsection 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 (psi) or lower in any area designated under section 107 as an attainment
 area. Notwithstanding the preceding sentence, the Administrator may impose
 a Reid vapor pressure requirement lower than 9.0 pounds per square inch
 (psi) in any area, formerly an ozone nonattainment area, which has been
 redesignated as an attainment area.
 `(3) EFFECTIVE DATE; ENFORCEMENT- The regulations under this subsection 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.
 `(4) ETHANOL WAIVER- For fuel blends containing gasoline and 10 percent
 denatured anhydrous ethanol, the Reid vapor pressure limitation under
 this subsection shall be one pound per square inch (psi) greater than the
 applicable Reid vapor pressure limitations established under paragraph
 (1); Provided, however, That a distributor, blender, marketer, reseller,
 carrier, retailer, or wholesale purchaser-consumer shall be deemed to be in
 full compliance with the provisions of this subsection and the regulations
 promulgated thereunder if it can demonstrate (by showing receipt of a
 certification or other evidence acceptable to the Administrator) that--
 `(A) the gasoline portion of the blend complies with the Reid vapor pressure
 limitations promulgated pursuant to this subsection;
 `(B) the ethanol portion of the blend does not exceed its waiver condition
 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.
 `(5) AREAS COVERED- The provisions of this subsection shall apply only to
 the 48 contiguous States and the District of Columbia.'.
SEC. 217. DIESEL FUEL SULFUR CONTENT.
 Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding the
 following new subsection at the end thereof:
 `(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 percent (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. The Administrator may establish
 an equivalent alternative aromatic level to the cetane index specification
 in paragraph (1).
 `(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
 or this paragraph for an exemption from the requirements of this subsection,
 within 12 months from the date of the petition.'.
SEC. 218. LEAD SUBSTITUTE GASOLINE ADDITIVES.
 (a) ADDITIVES- Section 211 of the Clean Air Act (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 substitute 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,
 whichever is later.
 `(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 second 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 each of
 the 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.'.
SEC. 219. REFORMULATED GASOLINE AND OXYGENATED GASOLINE.
 Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding the
 following at the end thereof:
 `(k) REFORMULATED GASOLINE FOR CONVENTIONAL VEHICLES-
 `(1)  EPA REGULATIONS- Within 1 year after the enactment of the Clean Air Act
 Amendments of 1990, the Administrator shall promulgate regulations under this
 section establishing requirements for reformulated gasoline to be used in
 gasoline-fueled vehicles in specified nonattainment areas. Such regulations
 shall require the greatest reduction in emissions of ozone forming volatile
 organic compounds (during the high ozone season) and emissions of toxic air
 pollutants (during the entire year) achievable through the reformulation
 of conventional gasoline, taking into consideration the cost of achieving
 such emission reductions, any nonair-quality and other air-quality related
 health and environmental impacts and energy requirements.
 `(2) GENERAL REQUIREMENTS- The regulations referred to in paragraph (1)
 shall require that reformulated gasoline comply with paragraph (3) and with
 each of the following requirements (subject to paragraph (7)):
 `(A)  NOX EMISSIONS- The emissions of oxides of nitrogen (NOx) from baseline
 vehicles when using the reformulated gasoline shall be no greater than the
 level of such emissions from such vehicles when using baseline gasoline. If
 the Administrator determines that compliance with the limitation on emissions
 of oxides of nitrogen under the preceding sentence is technically infeasible,
 considering the other requirements applicable under this subsection to
 such gasoline, the Administrator may, as appropriate to ensure compliance
 with this subparagraph, adjust (or waive entirely), any other requirements
 of this paragraph (including the oxygen content requirement contained in
 subparagraph (B)) or any requirements applicable under paragraph (3)(A).
 `(B) OXYGEN CONTENT- The oxygen content of the gasoline shall equal or exceed
 2.0 percent by weight (subject to a testing tolerance established by the
 Administrator) except as otherwise required by this Act. The Administrator
 may waive, in whole or in part, the application of this subparagraph for
 any ozone nonattainment area upon a determination by the Administrator
 that compliance with such requirement would prevent or interfere with the
 attainment by the area of a national primary ambient air quality standard.
 `(C) BENZENE CONTENT- The benzene content of the gasoline shall not exceed
 1.0 percent by volume.
 `(D) HEAVY METALS- The gasoline shall have no heavy metals, including lead
 or manganese. The Administrator may waive the prohibition contained in
 this subparagraph for a heavy metal (other than lead) if the Administrator
 determines that addition of the heavy metal to the gasoline will not increase,
 on an aggregate mass or cancer-risk basis, toxic air pollutant emissions
 from motor vehicles.
 `(3) MORE STRINGENT OF FORMULA OR PERFORMANCE STANDARDS- The regulations
 referred to in paragraph (1) shall require compliance with the more stringent
 of either the requirements set forth in subparagraph (A) or the requirements
 of subparagraph (B) of this paragraph. For purposes of determining the
 more stringent provision, clause (i) and clause (ii) of subparagraph (B)
 shall be considered independently.
 `(A) FORMULA-
 `(i) BENZENE- The benzene content of the reformulated gasoline shall not
 exceed 1.0 percent by volume.
 `(ii) AROMATICS- The aromatic hydrocarbon content of the reformulated
 gasoline shall not exceed 25 percent by volume.
 `(iii) LEAD- The reformulated gasoline shall have no lead content.
 `(iv) DETERGENTS- The reformulated gasoline shall contain additives to prevent
 the accumulation of deposits in engines or vehicle fuel supply systems.
 `(v) OXYGEN CONTENT- The oxygen content of the reformulated gasoline shall
 equal or exceed 2.0 percent by weight (subject to a testing tolerance
 established by the Administrator) except as otherwise required by this Act.
 `(B) PERFORMANCE STANDARD-
 `(i) VOC EMISSIONS- During the high ozone season (as defined by the
 Administrator), the aggregate emissions of ozone forming volatile organic
 compounds from baseline vehicles when using the reformulated gasoline shall be
 15 percent below the aggregate emissions of ozone forming volatile organic
 compounds from such vehicles when using baseline gasoline. Effective in
 calendar year 2000 and thereafter, 25 percent shall be substituted for 15
 percent in applying this clause, except that the Administrator may adjust
 such 25 percent requirement to provide for a lesser or greater reduction
 based on technological feasibility, considering the cost of achieving such
 reductions in VOC emissions. No such adjustment shall provide for less than
 a 20 percent reduction below the aggregate emissions of such air pollutants
 from such vehicles when using baseline gasoline. The reductions required
 under this clause shall be on a mass basis.
 `(ii) TOXICS- During the entire year, the aggregate emissions of toxic
 air pollutants from baseline vehicles when using the reformulated gasoline
 shall be 15 percent below the aggregate emissions of toxic air pollutants
 from such vehicles when using baseline gasoline. Effective in calendar
 year 2000 and thereafter, 25 percent shall be substituted for 15 percent
 in applying this clause, except that the Administrator may adjust such 25
 percent requirement to provide for a lesser or greater reduction based on
 technological feasibility, considering the cost of achieving such reductions
 in toxic air pollutants. No such adjustment shall provide for less than a
 20 percent reduction below the aggregate emissions of such air pollutants
 from such vehicles when using baseline gasoline. The reductions required
 under this clause shall be on a mass basis.
Any reduction greater than a specific percentage reduction required under
this subparagraph shall be treated as satisfying such percentage reduction
requirement.
 `(4) CERTIFICATION PROCEDURES-
 `(A) REGULATIONS- The regulations under this subsection shall include
 procedures under which the Administrator shall certify reformulated
 gasoline as complying with the requirements established pursuant to this
 subsection. Under such regulations, the Administrator shall establish
 procedures for any person to petition the Administrator to certify a fuel
 formulation, or slate of fuel formulations. Such procedures shall further
 require that the Administrator shall approve or deny such petition within
 180 days of receipt. If the Administrator fails to act within such 180-day
 period, the fuel shall be deemed certified until the Administrator completes
 action on the petition.
 `(B) CERTIFICATION; EQUIVALENCY- The Administrator shall certify a fuel
 formulation or slate of fuel formulations as complying with this subsection
 if such fuel or fuels--
 `(i) comply with the requirements of paragraph (2), and
 `(ii) achieve equivalent or greater reductions in emissions of ozone forming
 volatile organic compounds and emissions of toxic air pollutants than are
 achieved by a reformulated gasoline meeting the applicable requirements of
 paragraph (3).
 `(C) EPA DETERMINATION OF EMISSIONS LEVEL- Within 1 year after the enactment
 of the Clean Air Act Amendments of 1990, the Administrator shall determine
 the level of emissions of ozone forming volatile organic compounds and
 emissions of toxic air pollutants emitted by baseline vehicles when operating
 on baseline gasoline. For purposes of this subsection, within 1 year after
 the enactment of the Clean Air Act Amendments of 1990, the Administrator
 shall, by rule, determine appropriate measures of, and methodology for,
 ascertaining the emissions of air pollutants (including calculations,
 equipment, and testing tolerances).
 `(5) PROHIBITION- Effective beginning January 1, 1995, each of the following
 shall be a violation of this subsection:
 `(A) The sale or dispensing by any person of conventional gasoline to
 ultimate consumers in any covered area.
 `(B) The sale or dispensing by any refiner, blender, importer, or marketer
 of conventional gasoline for resale in any covered area, without (i)
 segregating such gasoline from reformulated gasoline, and (ii) clearly
 marking such conventional gasoline as `conventional gasoline, not for sale
 to ultimate consumer in a covered area'.
Any refiner, blender, importer or marketer who purchases property segregated
and marked conventional gasoline, and thereafter labels, represents, or
wholesales such gasoline as reformulated gasoline shall also be in violation
of this subsection. The Administrator may impose sampling, testing, and
recordkeeping requirements upon any refiner, blender, importer, or marketer
to prevent violations of this section.
 `(6) OPT-IN AREAS- (A) Upon the application of the Governor of a State,
 the Administrator shall apply the prohibition set forth in paragraph (5)
 in any area in the State classified under subpart 2 of part D of title I
 as a Marginal, Moderate, Serious, or Severe Area (without regard to whether
 or not the 1980 population of the area exceeds 250,000). In any such case,
 the Administrator shall establish an effective date for such prohibition
 as he deems appropriate, not later than January 1, 1995, or 1 year after
 such application is received, whichever is later. The Administrator shall
 publish such application in the Federal Register upon receipt.
 `(B) If the Administrator determines, on the Administrator's own motion
 or on petition of any person, after consultation with the Secretary of
 Energy, that there is insufficient domestic capacity to produce gasoline
 certified under this subsection, the Administrator shall, by rule, extend
 the effective date of such prohibition in Marginal, Moderate, Serious, or
 Severe Areas referred to in subparagraph (A) for one additional year, and
 may, by rule, renew such extension for 2 additional one-year periods. The
 Administrator shall act on any petition submitted under this paragraph
 within 6 months after receipt of the petition. The Administrator shall
 issue such extensions for areas with a lower ozone classification before
 issuing any such extension for areas with a higher classification.
 `(7) CREDITS- (A) The regulations promulgated under this subsection shall
 provide for the granting of an appropriate amount of credits to a person
 who refines, blends, or imports and certifies a gasoline or slate of
 gasoline that--
 `(i) has an oxygen content (by weight) that exceeds the minimum oxygen
 content specified in paragraph (2);
 `(ii) has an aromatic hydrocarbon content (by volume) that is less than the
 maximum aromatic hydrocarbon content required to comply with paragraph (3); or
 `(iii) has a benzene content (by volume) that is less than the maximum
 benzene content specified in paragraph (2).
 `(B) The regulations described in subparagraph (A) shall also provide
 that a person who is granted credits may use such credits, or transfer
 all or a portion of such credits to another person for use within the same
 nonattainment area, for the purpose of complying with this subsection.
 `(C) The regulations promulgated under subparagraphs (A) and (B) shall
 ensure the enforcement of the requirements for the issuance, application,
 and transfer of the credits. Such regulations shall prohibit the granting
 or transfer of such credits for use with respect to any gasoline in a
 nonattainment area, to the extent the use of such credits would result in
 any of the following:
 `(i) An average gasoline aromatic hydrocarbon content (by volume) for the
 nonattainment (taking into account all gasoline sold for use in conventional
 gasoline-fueled vehicles in the nonattainment area) higher than the average
 fuel aromatic hydrocarbon content (by volume) that would occur in the
 absence of using any such credits.
 `(ii) An average gasoline oxygen content (by weight) for the nonattainment
 area (taking into account all gasoline sold for use in conventional
 gasoline-fueled vehicles in the nonattainment area) lower than the average
 gasoline oxygen content (by weight) that would occur in the absence of
 using any such credits.
 `(iii) An average benzene content (by volume) for the nonattainment area
 (taking into account all gasoline sold for use in conventional gasoline-fueled
 vehicles in the nonattainment area) higher than the average benzene content
 (by volume) that would occur in the absence of using any such credits.
 `(8) ANTI-DUMPING RULES-
 `(A) IN GENERAL- Within 1 year after the enactment of the Clean Air Act
 Amendments of 1990, the Administrator shall promulgate regulations applicable
 to each refiner, blender, or importer of gasoline ensuring that gasoline
 sold or introduced into commerce by such refiner, blender, or importer
 (other than reformulated gasoline subject to the requirements of paragraph
 (1)) does not result in average per gallon emissions (measured on a mass
 basis) of (i) volatile organic compounds, (ii) oxides of nitrogen, (iii)
 carbon monoxide, and (iv) toxic air pollutants in excess of such emissions
 of such pollutants attributable to gasoline sold or introduced into commerce
 in calendar year 1990 by that refiner, blender, or importer. Such regulations
 shall take effect beginning January 1, 1995.
 `(B) ADJUSTMENTS- In evaluating compliance with the requirements of
 subparagraph (A), the Administrator shall make appropriate adjustments to
 insure that no credit is provided for improvement in motor vehicle emissions
 control in motor vehicles sold after the calendar year 1990.
 `(C) COMPLIANCE DETERMINED FOR EACH POLLUTANT INDEPENDENTLY- In determining
 whether there is an increase in emissions in violation of the prohibition
 contained in subparagraph (A) the Administrator shall consider an increase
 in each air pollutant referred to in clauses (i) through (iv) as a separate
 violation of such prohibition, except that the Administrator shall promulgate
 regulations to provide that any increase in emissions of oxides of nitrogen
 resulting from adding oxygenates to gasoline may be offset by an equivalent
 or greater reduction (on a mass basis) in emissions of volatile organic
 compounds, carbon monoxide, or toxic air pollutants, or any combination of
 the foregoing.
 `(D) COMPLIANCE PERIOD- The Administrator shall promulgate an appropriate
 compliance period or appropriate compliance periods to be used for assessing
 compliance with the prohibition contained in subparagraph (A).
 `(E) BASELINE FOR DETERMINING COMPLIANCE- If the Administrator determines
 that no adequate and reliable data exists regarding the composition
 of gasoline sold or introduced into commerce by a refiner, blender, or
 importer in calendar year 1990, for such refiner, blender, or importer,
 baseline gasoline shall be substituted for such 1990 gasoline in determining
 compliance with subparagraph (A).
 `(9) EMISSIONS FROM ENTIRE VEHICLE- In applying the requirements of this
 subsection, the Administrator shall take into account emissions from
 the entire motor vehicle, including evaporative, running, refueling, and
 exhaust emissions.
 `(10) DEFINITIONS- For purposes of this subsection--
 `(A) BASELINE VEHICLES- The term `baseline vehicles' mean representative
 model year 1990 vehicles.
 `(B) BASELINE GASOLINE-
 `(i) SUMMERTIME- The term `baseline gasoline' means in the case of gasoline
 sold during the high ozone period (as defined by the Administrator) a
 gasoline which meets the following specifications:
      `Baseline Gasoline Fuel Properties
      API Gravity
--57.4
      Sulfur, ppm
--339
      Benzene, %
--1.53
      RVP, psi
--8.7
      Octane, R+M/2
--87.3
      IBP,  F
--91
      10%,  F
--128
      50%,  F
--218
      90%,  F
--330
      End Point,  F
--415
      Aromatics, %
--32.0
      Olefins, %
--9.2
      Saturates, %
--58.8
 `(ii) WINTERTIME- The Administrator shall establish the specifications of
 `baseline gasoline' for gasoline sold at times other than the high ozone
 period (as defined by the Administrator). Such specifications shall be the
 specifications of 1990 industry average gasoline sold during such period.
 `(C) TOXIC AIR POLLUTANTS- The term `toxic air pollutants' means the
 aggregate emissions of the following:
  `Benzene
  `1,3 Butadiene
  `Polycyclic organic matter (POM)
  `Acetaldehyde
  `Formaldehyde.
 `(D) COVERED AREA- The 9 ozone nonattainment areas having a 1980 population
 in excess of 250,000 and having the highest ozone design value during the
 period 1987 through 1989 shall be `covered areas' for purposes of this
 subsection. Effective one year after the reclassification of any ozone
 nonattainment area as a Severe ozone nonattainment area under section
 181(b), such Severe area shall also be a `covered area' for purposes of
 this subsection.
 `(E) REFORMULATED GASOLINE- The term `reformulated gasoline' means any
 gasoline which is certified by the Administrator under this section as
 complying with this subsection.
 `(F) CONVENTIONAL GASOLINE- The term `conventional gasoline' means any
 gasoline which does not meet specifications set by a certification under
 this subsection.
 `(l) DETERGENTS- Effective beginning January 1, 1995, no person may sell
 or dispense to an ultimate consumer in the United States, and no refiner or
 marketer may directly or indirectly sell or dispense to persons who sell or
 dispense to ultimate consumers in the United States any gasoline which does
 not contain additives to prevent the accumulation of deposits in engines or
 fuel supply systems. Not later than 2 years after the date of the enactment
 of the Clean Air Act Amendments of 1990, the Administrator shall promulgate
 a rule establishing specifications for such additives.
 `(m) OXYGENATED FUELS-
 `(1) PLAN REVISIONS FOR CO NONATTAINMENT AREAS- (A) Each State in which
 there is located all or part of an area which is designated under title I
 as a nonattainment area for carbon monoxide and which has a carbon monoxide
 design value of 9.5 parts per million (ppm) or above based on data for the
 2-year period of 1988 and 1989 and calculated according to the most recent
 interpretation methodology issued by the Administrator prior to the enactment
 of the Clean Air Act Amendments of 1990 shall submit to the Administrator
 a State implementation plan revision under section 110 and part D of title
 I for such area which shall contain the provisions specified under this
 subsection regarding oxygenated gasoline.
 `(B) A plan revision which contains such provisions shall also be submitted by
 each State in which there is located any area which, for any 2-year period
 after 1989 has a carbon monoxide design value of 9.5 ppm or above. The
 revision shall be submitted within 18 months after such 2-year period.
 `(2) OXYGENATED GASOLINE IN CO NONATTAINMENT AREAS- Each plan revision under
 this subsection shall contain provisions to require that any gasoline sold,
 or dispensed, to the ultimate consumer in the carbon monoxide nonattainment
 area or sold or dispensed directly or indirectly by fuel refiners or marketers
 to persons who sell or dispense to ultimate consumers, in the larger of--
 `(A) the Consolidated Metropolitan Statistical Area (CMSA) in which the
 area is located, or
 `(B) if the area is not located in a CMSA, the Metropolitan Statistical
 Area 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 to contain not less than
2.7 percent oxygen by weight (subject to a testing tolerance established by
the Administrator). The portion of the year in which the area is prone to
high ambient concentrations of carbon monoxide shall be as determined by the
Administrator, but shall not be less than 4 months. At the request of a State
with respect to any area designated as nonattainment for carbon monoxide,
the Administrator may reduce the period specified in the preceding sentence
if the State can demonstrate that because of meteorological conditions, a
reduced period will assure that there will be no exceedances of the carbon
monoxide standard outside of such reduced period. For areas with a carbon
monoxide design value of 9.5 ppm or more of the date of enactment of the
Clean Air Act Amendments of 1990, the revision shall provide that such
requirement shall take effect no later than November 1, 1992, (or at such
other date during 1992 as the Administrator establishes under the preceding
provisions of this paragraph). For other areas, the revision shall provide
that such requirement shall take effect no later than November 1 of the
third year after the last year of the applicable 2-year period referred
to in paragraph (1) (or at such other date during such third year as the
Administrator establishes under the preceding provisions of this paragraph)
and shall include a program for implementation and enforcement of the
requirement consistent with guidance to be issued by the Administrator.
 `(3) WAIVERS- (A) The Administrator shall waive, in whole or in part,
 the requirements of paragraph (2) upon a demonstration by the State to
 the satisfaction of the Administrator that the use of oxygenated gasoline
 would prevent or interfere with the attainment by the area of a national
 primary ambient air quality standard (or a State or local ambient air
 quality standard) for any air pollutant other than carbon monoxide.
 `(B) The Administrator shall, upon demonstration by the State satisfactory
 to the Administrator, waive the requirement of paragraph (2) where the
 Administrator determines that mobile sources of carbon monoxide do not
 contribute significantly to carbon monoxide levels in an area.
 `(C)(i) Any person may petition the Administrator to make a finding
 that there is, or is likely to be, for any area, an inadequate domestic
 supply of, or distribution capacity for, oxygenated gasoline meeting the
 requirements of paragraph (2) or fuel additives (oxygenates) necessary
 to meet such requirements.  The Administrator shall act on such petition
 within 6 months after receipt of the petition.
 `(ii) If the Administrator determines, in response to a petition under
 clause (i), that there is an inadequate supply or capacity described in
 clause (i), the Administrator shall delay the effective date of paragraph
 (2) for 1 year. Upon petition, the Administrator may extend such effective
 date for one additional year. No partial delay or lesser waiver may be
 granted under this clause.
 `(iii) In granting waivers under this subparagraph the Administrator shall
 consider distribution capacity separately from the adequacy of domestic
 supply and shall grant such waivers in such manner as will assure that,
 if supplies of oxygenated gasoline are limited, areas having the highest
 design value for carbon monoxide will have a priority in obtaining oxygenated
 gasoline which meets the requirements of paragraph (2).
 `(iv) As used in this subparagraph, the term distribution capacity includes
 capacity for transportation, storage, and blending.
 `(4) FUEL DISPENSING SYSTEMS- Any person selling oxygenated gasoline at
 retail pursuant to this subsection shall be required under regulations
 promulgated by the Administrator to label the fuel dispensing system with a
 notice that the gasoline is oxygenated and will reduce the carbon monoxide
 emissions from the motor vehicle.
 `(5) GUIDELINES FOR CREDIT- The Administrator shall promulgate guidelines,
 within 9 months after the date of the enactment of the Clean Air Act
 Amendments of 1990, allowing the use of marketable oxygen credits from
 gasolines during that portion of the year specified in paragraph (2) with
 higher oxygen content than required to offset the sale or use of gasoline
 with a lower oxygen content than required. No credits may be transferred
 between nonattainment areas.
 `(6) ATTAINMENT AREAS- Nothing in this subsection shall be interpreted as
 requiring an oxygenated gasoline program in an area which is in attainment
 for carbon monoxide, except that in a carbon monoxide nonattainment area
 which is redesignated as attainment for carbon monoxide, the requirements
 of this subsection shall remain in effect to the extent such program is
 necessary to maintain such standard thereafter in the area.
 `(7) FAILURE TO ATTAIN CO 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 the minimum oxygen content of gasoline referred to in
 paragraph (2) shall be 3.1 percent by weight unless such requirement is
 waived in accordance with the provisions of this subsection.'.
SEC. 220. LEAD PHASEDOWN.
 Section 211 of the Clean Air Act is amended by adding the following new
 subsection at the end thereof:
 `(n) PROHIBITION ON LEADED GASOLINE FOR HIGHWAY USE- After December 31,
 1995, it shall be unlawful for any person to sell, offer for sale, supply,
 offer for supply, dispense, transport, or introduce into commerce, for use
 as fuel in any motor vehicle (as defined in section 219(2)) any gasoline
 which contains lead or lead additives.'.
SEC. 221. FUEL AND FUEL ADDITIVE IMPORTERS.
 Section 211 of the Clean Air Act is amended by adding the following new
 subsection at the end thereof:
 `(o) FUEL AND FUEL ADDITIVE IMPORTERS AND IMPORTATION- For the purposes
 of this section, the term `manufacturer' includes an importer and the term
 `manufacture' includes importation.'.
SEC. 222. NONROAD ENGINES AND VEHICLES.
 (a) EMISSION STANDARDS- Section 213 of the Clean Air Act (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 (other than locomotives
 or engines used in locomotives) 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 12
 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 and
 existing nonroad engines or nonroad vehicles (other than locomotives or
 engines used in locomotives) 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. Such
 determination shall be included in the regulations under paragraph (3).
 `(3) If the Administrator makes an affirmative determination under
 paragraph (2) the Administrator shall, within 12 months after completion
 of the study under paragraph (1), promulgate (and from time to time revise)
 regulations containing standards applicable to emissions from those classes
 or categories of new nonroad engines and new nonroad vehicles (other than
 locomotives or engines used in locomotives) which in the Administrator's
 judgment cause, or contribute to, such air pollution. Such standards shall
 achieve the greatest degree of emission reduction achievable through
 the application of technology which the Administrator determines will
 be available for the engines or vehicles to which such standards apply,
 giving appropriate consideration to the cost of applying such technology
 within the period of time available to manufacturers and to noise, energy,
 and safety factors associated with the application of such technology. In
 determining what degree of reduction will be available, the Administrator
 shall first consider standards equivalent in stringency to standards for
 comparable motor vehicles or engines (if any) regulated under section 202,
 taking into account the technological feasibility, costs, safety, noise,
 and energy factors associated with achieving, as appropriate, standards of
 such stringency and lead time. 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 not referred to in
 paragraph (2) from new nonroad engines or vehicles 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 (other than locomotives or
 engines used in locomotives) 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).
 `(5) Within 5 years after the enactment of the Clean Air Act Amendments of
 1990, the Administrator shall promulgate regulations containing standards
 applicable to emissions from new locomotives and new engines used in
 locomotives. Such standards shall achieve the greatest degree of emission
 reduction achievable through the application of technology which the
 Administrator determines will be available for the locomotives or engines
 to which such standards apply, giving appropriate consideration to the
 cost of applying such technology within the period of time available to
 manufacturers and to noise, energy, and safety factors associated with the
 application of such technology.
 `(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 new engines or vehicles to which
 standards under this section apply, no emission control device, system, or
 element of design shall be used in such 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.'.
 (b) STATE STANDARDS- Section 209 of the Clean Air Act (42 U.S.C. 7543)
 is amended by adding the following at the end thereof:
 `(e) NONROAD ENGINES OR VEHICLES-
 `(1) PROHIBITION ON CERTAIN 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 either of the following
 new nonroad engines or nonroad vehicles subject to regulation under this Act--
 `(A) New engines which are used in construction equipment or vehicles or
 used in farm equipment or vehicles and which are smaller than 175 horsepower.
 `(B) New locomotives or new engines used in locomotives.
Subsection (b) shall not apply for purposes of this paragraph.
 `(2) OTHER NONROAD ENGINES OR VEHICLES- (A) In the case of any nonroad
 vehicles or engines other than those referred to in subparagraph (A) or
 (B) of paragraph (1), the Administrator shall, after notice and opportunity
 for public hearing, authorize California to adopt and enforce standards and
 other requirements relating to the control of emissions from such vehicles
 or engines if California determines that California standards will be,
 in the aggregate, at least as protective of public health and welfare as
 applicable Federal standards. No such authorization shall be granted if
 the Administrator finds that--
 `(i) the determination of California is arbitrary and capricious,
 `(ii) California does not need such California standards to meet compelling
 and extraordinary conditions, or
 `(iii) California standards and accompanying enforcement procedures are
 not consistent with this section.
 `(B) Any State other than California which has plan provisions approved under
 part D of title I may adopt and enforce, after notice to the Administrator,
 for any period, standards relating to control of emissions from nonroad
 vehicles or engines (other than those referred to in subparagraph (A) or
 (B) of paragraph (1)) and take such other actions as are referred to in
 subparagraph (A) of this paragraph respecting such vehicles or engines if--
 `(i) such standards and implementation and enforcement are identical,
 for the period concerned, to the California standards authorized by the
 Administrator under subparagraph (A), and
 `(ii) California and such State adopt such standards at least 2 years before
 commencement of the period for which the standards take effect.
The Administrator shall issue regulations to implement this subsection.'.
SEC. 223. NEW TITLE II DEFINITIONS.
 (a) ADDITIONAL DEFINITIONS- Section 216 of the Clean Air Act (42 U.S.C. 7550)
 is amended by adding the following at the end thereof:
 `(7) VEHICLE CURB WEIGHT, GROSS VEHICLE WEIGHT RATING, LIGHT-DUTY TRUCK,
 LIGHT-DUTY VEHICLE, AND LOADED VEHICLE WEIGHT- The terms `vehicle curb
 weight', `gross vehicle weight rating' (GVWR), `light-duty truck' (LDT),
 light-duty vehicle, and `loaded vehicle weight' (LVW) have the meaning
 provided in regulations promulgated by the Administrator and in effect as of
 the enactment of the Clean Air Act Amendments of 1990. The abbreviations in
 parentheses corresponding to any term referred to in this paragraph shall
 have the same meaning as the corresponding term.
 `(8) TEST WEIGHT- The term `test weight' and the abbreviation `tw' mean
 the vehicle curb weight added to the gross vehicle weight rating (gvwr)
 and divided by 2.
 `(9) 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.
 `(10) 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.
 `(11) 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 of the Clean
 Air Act (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'.
SEC. 224. HIGH ALTITUDE TESTING.
 Section 215 of the Clean Air Act (42 U.S.C. 7549) is amended by adding the
 following at the end thereof:
 `(e) HIGH ALTITUDE TESTING- (1) 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.
 `(2) The Administrator, in cooperation with the Secretary of Energy and the
 Administrator of the Urban Mass Transportation Administration, and such
 other agencies as the Administrator deems appropriate, shall establish a
 research and technology assessment center to provide for the development
 and evaluation of less-polluting heavy-duty engines and fuels for use
 in buses, heavy-duty trucks, and non-road engines and vehicles, which
 shall be located at a high-altitude site that represents high-altitude
 conditions. In establishing and funding such a center, the Administrator
 shall give preference to proposals which provide for local cost-sharing of
 facilities and recovery of costs of operation through utilization of such
 facility for the purposes of this section.
 `(3) The Administrator shall designate at least one center at high-altitude
 conditions to provide research on after-market emission components,
 dual-fueled vehicles and conversion kits, the effects of tampering on
 emissions equipment, testing of alternate fuels and conversion kits,
 and the development of curricula, training courses, and materials to
 maximize the effectiveness of inspection and maintenance programs as they
 relate to promoting effective control of vehicle emissions at high-altitude
 elevations. Preference shall be given to existing vehicle emissions testing
 and research centers that have established reputations for vehicle emissions
 research and development and training, and that possess in-house Federal
 Test Procedure capacity.'.
SEC. 225. COMPLIANCE PROGRAM FEES.
 Part A of title II of the Clean Air Act 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) or part C,
 `(2) new vehicle or engine compliance monitoring and testing under section
 206(b) or part C, and
 `(3) in-use vehicle or engine compliance monitoring and testing under
 section 207(c) or part 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. In the case of heavy-duty engine
and vehicle manufacturers, such fees shall not exceed a reasonable amount
to recover an appropriate portion of such reasonable costs.
 `(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.'.
SEC. 226. PROHIBITION ON PRODUCTION OF ENGINES REQUIRING LEADED GASOLINE.
 Part A of title II of the Clean Air Act is amended by adding the following
 new section after section 217:
`SEC. 218. PROHIBITION ON PRODUCTION OF ENGINES REQUIRING LEADED GASOLINE.
 `The Administrator shall promulgate regulations applicable to motor vehicle
 engines and nonroad engines manufactured after model year 1992 that prohibit
 the manufacture, sale, or introduction into commerce of any engine that
 requires leaded gasoline.'.
SEC. 227. URBAN BUSES.
 Part A of title II of the Clean Air Act is amended by adding the following
 new section after section 218:
`SEC. 219. URBAN BUS STANDARDS.
 `(a) STANDARDS FOR MODEL YEARS AFTER 1993- Not later than January 1, 1992,
 the Administrator shall promulgate regulations under section 202(a) applicable
 to urban buses for the model year 1994 and thereafter. Such standards shall
 be based on the best technology that can reasonably be anticipated to be
 available at the time such measures are to be implemented, taking costs,
 safety, energy, lead time, and other relevant factors into account. Such
 regulations shall require that such urban buses comply with the provisions
 of subsection (b) of this section (and subsection (c) of this subsection,
 if applicable) in addition to compliance with the standards applicable
 under section 202(a) for heavy-duty vehicles of the same type and model year.
 `(b) PM STANDARD-
 `(1) 50 PERCENT REDUCTION- The standards under section 202(a) applicable
 to urban buses shall require that, effective for the model year 1994 and
 thereafter, emissions of particulate matter (PM) from urban buses shall not
 exceed 50 percent of the emissions of particulate matter (PM) allowed under
 the emission standard applicable under section 202(a) as of the date of the
 enactment of the Clean Air Act Amendments of 1990 for particulate matter
 (PM) in the case of heavy-duty diesel vehicles and engines manufactured in
 the model year 1994.
 `(2) REVISED REDUCTION- The Administrator shall increase the level of
 emissions of particulate matter allowed under the standard referred to
 in paragraph (1) if the Administrator determines that the 50 percent
 reduction referred to in paragraph (1) is not technologically achievable,
 taking into account durability, costs, lead time, safety, and other relevant
 factors. The Administrator may not increase such level of emissions above
 70 percent of the emissions of particulate matter (PM) allowed under the
 emission standard applicable under section 202(a) as of the date of the
 enactment of the Clean Air Act Amendments of 1990 for particulate matter
 (PM) in the case of heavy-duty diesel vehicles and engines manufactured in
 the model year 1994.
 `(3) DETERMINATION AS PART OF RULE- As part of the rulemaking under subsection
 (a), the Administrator shall make a determination as to whether the 50 percent
 reduction referred to in paragraph (1) is technologically achievable, taking
 into account durability, costs, lead time, safety, and other relevant factors.
 `(c) LOW-POLLUTING FUEL REQUIREMENT-
 `(1) ANNUAL TESTING- Beginning with model year 1994 buses, the Administrator
 shall conduct annual tests of a representative sample of operating urban
 buses subject to the particulate matter (PM) standard applicable pursuant
 to subsection (b) to determine whether such buses comply with such standard
 in use over their full useful life.
 `(2) PROMULGATION OF ADDITIONAL LOW-POLLUTING FUEL REQUIREMENT- (A) If the
 Administrator determines, based on the testing under paragraph (1), that
 urban buses subject to the particulate matter (PM) standard applicable
 pursuant to subsection (b) do not comply with such standard in use over
 their full useful life, he shall revise the standards applicable to such
 buses to require (in addition to compliance with the PM standard applicable
 pursuant to subsection (b)) that all new urban buses purchased or placed
 into service by owners or operators of urban buses in all metropolitan
 statistical areas or consolidated metropolitan statistical areas with a
 1980 population of 750,000 or more shall be capable of operating, and shall
 be exclusively operated, on low-polluting fuels. The Administrator shall
 establish the pass-fail rate for purposes of testing under this subparagraph.
 `(B) The Administrator shall promulgate a schedule phasing in any
 low-polluting fuel requirement established pursuant to this paragraph to an
 increasing percentage of new urban buses purchased or placed into service in
 each of the first 5 model years commencing 3 years after the determination
 under subparagraph (A). Under such schedule 100 percent of new urban buses
 placed into service in the fifth model year commencing 3 years after the
 determination under subparagraph (A) shall comply with the low-polluting
 fuel requirement established pursuant to this paragraph.
 `(C) The Administrator may extend the requirements of this paragraph to
 metropolitan statistical areas or consolidated metropolitan statistical
 areas with a 1980 population of less than 750,000, if the Administrator
 determines that a significant benefit to public health could be expected
 to result from such extension.
 `(d) RETROFIT REQUIREMENTS- Not later than 12 months after the enactment
 of the Clean Air Act Amendments of 1990, the Administrator shall promulgate
 regulations under section 202(a) requiring that urban buses which--
 `(1) are operating in areas referred to in subparagraph (A) of subsection
 (c)(2) (or subparagraph (C) of subsection (c)(2) if the Administrator has
 taken action under that subparagraph);
 `(2) were not subject to standards in effect under the regulations under
 subsection (a); and
 `(3) have their engines replaced or rebuilt after January 1, 1995,
shall comply with an emissions standard or emissions control technology
requirement established by the Administrator in such regulations. Such
emissions standard or emissions control technology requirement shall reflect
the best retrofit technology and maintenance practices reasonably achievable.
 `(e) PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT- The Administrator
 shall establish, within 18 months after the enactment of the Clean Air
 Act Amendments to 1990, and in accordance with section 206(h), procedures
 for the administration and enforcement of standards for buses subject to
 standards under this section, testing procedures, sampling protocols,
 in-use compliance requirements, and criteria governing evaluation of
 buses. Procedures for testing (including, but not limited to, certification
 testing) shall reflect actual operating conditions.
 `(f) DEFINITIONS- For purposes of this section--
 `(1) URBAN BUS- The term `urban bus' has the meaning provided under
 regulations of the Administrator promulgated under section 202(a).
 `(2) LOW-POLLUTING FUEL- The term `low-polluting fuel' means methanol,
 ethanol, propane, or natural gas, or any comparably low-polluting fuel. In
 determining whether a fuel is comparably low-polluting, the Administrator
 shall consider both the level of emissions of air pollutants from vehicles
 using the fuel and the contribution of such emissions to ambient levels
 of air pollutants. For purposes of this paragraph, the term `methanol'
 includes any fuel which contains at least 85 percent methanol unless the
 Administrator increases such percentage as he deems appropriate to protect
 public health and welfare.'
 (b) CONFORMING AMENDMENT- Section 202(a)(4) of the Clean Air Act (42
 U.S.C. 7521(a)(4)) is amended by striking out `standards prescribed under
 this subsection' every place it occurs and inserting `requirements prescribed
 under this title'.
SEC. 228. ENFORCEMENT.
 (a) INSPECTIONS AND TESTING- Section 203(a)(2) of the Clean Air Act (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 208;
 `(D) for any manufacturer to fail to make information available as provided
 by regulation under section 202(m)(5);'.
 (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) CIVIL AND ADMINISTRATIVE PENALTIES- Section 205 of the Clean Air Act
 (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), 203(a)(4), or
 203(a)(5) or any manufacturer or dealer who violates section 203(a)(3)(A)
 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) 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. Such person shall simultaneously send 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.'.
 (d) ENFORCEMENT OF FUELS REGULATIONS- Section 211(d) of the Clean Air Act
 (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),
 (k), (l), (m), or (n) of this section or the regulations prescribed under
 subsection (c), (h), (i), (k), (l), (m), or (n) of this section 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), (k), (l), or (m) of this section 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),
 (k), (l), (m), and (n) of this section and of the regulations prescribed
 under subsections (c), (h), (i), (k), (l), (m), and (n) of this section, 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.'.
 (e) MISCELLANEOUS ENFORCEMENT- (1) Section 203(a) of the Clean Air Act is
 amended as follows:
 (1) Insert `or part C in the case of clean-fuel vehicles' before `(except'
 in paragraph (1).
 (2) In paragraph (4) insert `or part C' after `202'.
 (3) At the end of paragraph (4)(A) insert `or (ii) the corresponding
 requirements of part C in the case of clean fuel vehicles unless the
 manufacturer has complied with the corresponding requirements of part C'
 and in paragraph (4)(A) after `complied with' insert `(i)'.
 (4) At the end of paragraph (4)(B) insert `or the corresponding requirements
 of part C in the case of clean fuel vehicles'.
 (5) In paragraph (4)(C) insert after `207' the following: `and  the
 corresponding requirements of part C in the case of clean fuel vehicles'.
 (6) In paragraph (4)(D) insert `or the corresponding requirements of part
 C in the case of clean fuel vehicles'  before `with respect to any vehicle'.
 (7) Strike the period at the end of paragraph (4) and insert `; or' and
 add the following new paragraph after paragraph (4):
 `(5) for any person to violate section 218, 219, or part C of this title
 or any regulations under section 218, 219, or part C.'.
SEC. 229. CLEAN-FUEL VEHICLES.
 (a) AMENDMENT TO TITLE II- Title II of the Clean Air Act is amended by
 adding the following new part after part B:
`PART C--CLEAN FUEL VEHICLES
`SEC. 241. DEFINITIONS.
 `For purposes of this part--
 `(1) TERMS DEFINED IN PART A- The definitions applicable to part A under
 section 216 shall also apply for purposes of this part.
 `(2) CLEAN ALTERNATIVE FUEL- The term `clean alternative fuel' means any fuel
 (including methanol, ethanol, or other alcohols (including any mixture thereof
 containing 85 percent or more by volume of such alcohol with gasoline or other
 fuels), reformulated gasoline, diesel, natural gas, liquefied petroleum gas,
 and hydrogen) or power source (including electricity) used in a clean-fuel
 vehicle that complies with the standards and requirements applicable to such
 vehicle under this title when using such fuel or power source. In the case of
 any flexible fuel vehicle or dual fuel vehicle, the term `clean alternative
 fuel' means only a fuel with respect to which such vehicle was certified as
 a clean-fuel vehicle meeting the standards applicable to clean-fuel vehicles
 under section 243(d)(2) when operating on clean alternative fuel (or any
 CARB standards which replaces such standards pursuant to section 243(e)).
 `(3) NMOG- The term nonmethane organic gas (`NMOG') means the sum of
 nonoxygenated and oxygenated hydrocarbons contained in a gas sample,
 including, at a minimum, all oxygenated organic gases containing 5 or fewer
 carbon atoms (i.e., aldehydes, ketones, alcohols, ethers, etc.), and all
 known alkanes, alkenes, alkynes, and aromatics containing 12 or fewer carbon
 atoms. To demonstrate compliance with a NMOG standard, NMOG emissions shall
 be measured in accordance with the `California Non-Methane Organic Gas Test
 Procedures'. In the case of vehicles using fuels other than base gasoline,
 the level of NMOG emissions shall be adjusted based on the reactivity of
 the emissions relative to vehicles using base gasoline.
 `(4) BASE GASOLINE- The term `base gasoline' means gasoline which meets
 the following specifications:
Specifications of Base Gasoline Used as Basis for Reactivity Readjustment:
--
API gravity
-- 57.8
Sulfur, ppm
-- 317
Color
-- Purple
Benzene, vol. %
-- 1.35
Reid vapor pressure
-- 8.7
Drivability
-- 1195
Antiknock index
-- 87.3
Distillation, D-86 «F
--
IBP
-- 92
10%
-- 126
50%
-- 219
90%
-- 327
EP
-- 414
Hydrocarbon Type, Vol. % FIA:
--
Aromatics
-- 30.9
Olefins
-- 8.2
Saturates
-- 60.9
The Administrator shall modify the definitions of NMOG, base gasoline, and
the methods for making reactivity adjustments, to conform to the definitions
and method used in California under the Low-Emission Vehicle and Clean Fuel
Regulations of the California Air Resources Board, so long as the California
definitions are, in the aggregate, at least as protective of public health
and welfare as the definitions in this section.
 `(5) COVERED FLEET- The term `covered fleet' means 10 or more motor vehicles
 which are owned or operated by a single person. In determining the number of
 vehicles owned or operated by a single person for purposes of this paragraph,
 all motor vehicles owned or operated, leased or otherwise controlled by such
 person, by any person who controls such person, by any person controlled by
 such person, and by any person under common control with such person shall be
 treated as owned by such person. The term `covered fleet' shall not include
 motor vehicles held for lease or rental to the general public, motor vehicles
 held for sale by motor vehicle dealers (including demonstration vehicles),
 motor vehicles used for motor vehicle manufacturer product evaluations or
 tests, law enforcement and other emergency vehicles, or nonroad vehicles
 (including farm and construction vehicles).
 `(6) COVERED FLEET VEHICLE- The term `covered fleet vehicle' means only a
 motor vehicle which is--
 `(i) in a vehicle class for which standards are applicable under this
 part; and
 `(ii) in a covered fleet which is centrally fueled (or capable of being
 centrally fueled).
No vehicle which under normal operations is garaged at a personal residence at
night shall be considered to be a vehicle which is capable of being centrally
fueled within the meaning of this paragraph.
 `(7) CLEAN-FUEL VEHICLE- The term `clean-fuel vehicle' means a vehicle in
 a class or category of vehicles which has been certified to meet for any
 model year the clean-fuel vehicle standards applicable under this part for
 that model year to clean-fuel vehicles in that class or category.
`SEC. 242. REQUIREMENTS APPLICABLE TO CLEAN FUEL VEHICLES.
 `(a) PROMULGATION OF STANDARDS- Not later than 24 months after the enactment
 of the Clean Air Act Amendments of 1990, the Administrator shall promulgate
 regulations under this part containing clean-fuel vehicle standards for
 the clean-fuel vehicles specified in this part.
 `(b) OTHER REQUIREMENTS- Clean-fuel vehicles of up to 8,500 gvwr subject
 to standards set forth in this part shall comply with all motor vehicle
 requirements of this title (such as requirements relating to on-board
 diagnostics, evaporative emissions, etc.) which are applicable to conventional
 gasoline-fueled vehicles of the same category and model year, except as
 provided in section 244 with respect to administration and enforcement,
 and except to the extent that any such requirement is in conflict with the
 provisions of this part. Clean-fuel vehicles of 8,500 gvwr or greater subject
 to standards set forth in this part shall comply with all requirements of
 this title which are applicable in the case of conventional gasoline-fueled
 or diesel fueled vehicles of the same category and model year, except as
 provided in section 244 with respect to administration and enforcement,
 and except to the extent that any such requirement is in conflict with the
 provisions of this part.
 `(c) IN-USE USEFUL LIFE AND TESTING- (1) In the case of light-duty vehicles
 and light-duty trucks up to 6,000 lbs gvwr, the useful life for purposes of
 determining in-use compliance with the standards under section 243 shall be--
 `(A) a period of 5 years or 50,000 miles (or the equivalent) whichever first
 occurs, in the case of standards applicable for purposes of certification
 at 50,000 miles; and
 `(B) a period of 10 years or 100,000 miles (or the equivalent) whichever first
 occurs, in the case of standards applicable for purposes of certification
 at 100,000 miles, except that in-use testing shall not be done for a period
 beyond 7 years or 75,000 miles (or the equivalent) whichever first occurs.
 `(2) In the case of light-duty trucks of more than 6,000 lbs gvwr, the useful
 life for purposes of determining in-use compliance with the standards under
 section 243 shall be--
 `(A) a period of 5 years or 50,000 miles (or the equivalent) whichever first
 occurs in the case of standards applicable for purposes of certification
 at 50,000 miles; and
 `(B) a period of 11 years or 120,000 miles (or the equivalent) whichever
 first occurs in the case of standards applicable for purposes of certification
 at 120,000 miles, except that in-use testing shall not be done for a period
 beyond 7 years or 90,000 miles (or the equivalent) whichever first occurs.
`SEC. 243. STANDARDS FOR LIGHT-DUTY CLEAN FUEL VEHICLES.
 `(a) EXHAUST STANDARDS FOR LIGHT-DUTY VEHICLES AND CERTAIN LIGHT-DUTY
 TRUCKS- The standards set forth in this subsection shall apply in the case
 of clean-fuel vehicles which are light-duty trucks of up to 6,000 lbs. gross
 vehicle weight rating (gvwr) (but not including light-duty trucks of more
 than 3,750 lbs. loaded vehicle weight (lvw)) or light-duty vehicles:
 `(1) PHASE I- Beginning with model year 1996, for the air pollutants
 specified in the following table, the clean-fuel vehicle standards under
 this section shall provide that vehicle exhaust emissions shall not exceed
 the levels specified in the following table:
Phase I Clean Fuel Vehicle Emission Standards for Light-Duty Trucks of up
to 3,750 LBS. LVW AND UP TO 6,000 Lbs. GVWR and Light-Duty Vehicles
---------------------------------------------------------------
 Pollutant              NMOG  CO NOx    PM HCHO (formaldehyde)
---------------------------------------------------------------
 50,000 mile standard  0.125 3.4 0.4       0.015
 100,000 mile standard 0.156 4.2 0.6 0.08* 0.018
---------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
*Standards for particulates (PM) shall apply only to diesel-fueled vehicles.
In the case of the 50,000 mile standards and the 100,000 mile standards,
for purposes of certification, the applicable useful life shall be 50,000
miles or 100,000 miles, respectively.
 `(2) PHASE II- Beginning with model year 2001, for air pollutants specified
 in the following table, the clean-fuel vehicle standards under this section
 shall provide that vehicle exhaust emissions shall not exceed the levels
 specified in the following table.
Phase II Clean Fuel Vehicle Emission Standards for Light-Duty Trucks of up
to 3,750 LBS. LVW AND UP TO 6,000 Lbs. GVWR and Light-Duty Vehicles
--------------------------------------------------------------
 Pollutant              NMOG  CO NOx  PM* HCHO (formaldehyde)
--------------------------------------------------------------
 50,000 mile standard  0.075 3.4 0.2      0.015
 100,000 mile standard 0.090 4.2 0.3 0.08 0.018
--------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
*Standards for particulates (PM) shall apply only to diesel-fueled vehicles.
In the case of the 50,000 mile standards and the 100,000 mile standards,
for purposes of certification, the applicable useful life shall be 50,000
miles or 100,000 miles, respectively.
 `(b) EXHAUST STANDARDS FOR LIGHT-DUTY TRUCKS OF MORE THAN 3,750 LBS. LVW
 AND UP TO 5,750 LBS. LVW AND UP TO 6,000 LBS. GVWR- The standards set
 forth in this paragraph shall apply in the case of clean-fuel vehicles
 which are light-duty trucks of more than 3,750 lbs. loaded vehicle weight
 (LVW) but not more than 5,750 lbs. LVW and not more than 6,000 lbs. gross
 weight rating (GVWR):
 `(1) PHASE I- Beginning with model year 1996, for the air pollutants
 specified in the following table, the clean-fuel vehicle standards under
 this section shall provide that vehicle exhaust emissions shall not exceed
 the levels specified in the following table.
Phase I Clean Fuel Vehicle Emission Standards for Light-Duty Trucks of More
Than 3,750 LBS. AND UP TO 5,750 LBS. LVW AND UP TO 6,000 Lbs. GVWR
--------------------------------------------------------------
 Pollutant              NMOG  CO NOx  PM* HCHO (formaldehyde)
--------------------------------------------------------------
 50,000 mile standard  0.160 4.4 0.7      0.018
 100,000 mile standard 0.200 5.5 0.9 0.08 0.023
--------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
*Standards for particulates (PM) shall apply only to diesel-fueled vehicles.
In the case of the 50,000 mile standards and the 100,000 mile standards,
for purposes of certification, the applicable useful life shall be 50,000
miles or 100,000 miles, respectively.
 `(2) PHASE II- Beginning with model year 2001, for the air pollutants
 specified in the following table, the clean-fuel vehicle standards under
 this section shall provide that vehicle exhaust emissions shall not exceed
 the levels specified in the following table.
Phase II  Clean Fuel Vehicle Emission Standards for Light-Duty Trucks of
More Than 3,750 LBS. LVW AND UP TO 5,750 LBS. LVW AND UP TO 6,000 Lbs. GVWR
--------------------------------------------------------------
 Pollutant              NMOG  CO NOx  PM* HCHO (formaldehyde)
--------------------------------------------------------------
 50,000 mile standard  0.100 4.4 0.4      0.018
 100,000 mile standard 0.130 5.5 0.5 0.08 0.023
--------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
*Standards for particulates (PM) shall apply only to diesel-fueled vehicles.
In the case of the 50,000 mile standards and the 100,000 mile standards,
for purposes of certification, the applicable useful life shall be 50,000
miles or 100,000 miles, respectively.
 `(c) EXHAUST STANDARDS FOR LIGHT-DUTY TRUCKS GREATER THAN 6,000 LBS. GVWR- The
 standards set forth in this subsection shall apply in the case of clean-fuel
 vehicles which are light-duty trucks of more than 6,000 lbs. gross weight
 rating (GVWR) and less than or equal to 8,500 lbs. GVWR, beginning with
 model year 1998. For the air pollutants specified in the following table, the
 clean-fuel vehicle standards under this section shall provide that vehicle
 exhaust emissions of vehicles within the test weight categories specified
 in the following table shall not exceed the levels specified in such table.
Clean Fuel Vehicle Emission Standards for Light Duty Trucks Greater Than
6,000 lbs. GVWR
Test Weight Category: Up to 3,750 lbs. tw
-----------------------------------------------------------------
  Pollutant              NMOG  CO   NOx  PM* HCHO (formaldehyde)
-----------------------------------------------------------------
  50,000 mile standard  0.125 3.4 0.4**      0.015
  120,000 mile standard 0.180 5.0 0.6   0.08 0.022
-----------------------------------------------------------------
Test Weight Category: Above 3,750 but not above 5,750 lbs. TW
----------------------------------------------------------------
 Pollutant              NMOG  CO   NOx  PM* HCHO (formaldehyde)
----------------------------------------------------------------
 50,000 mile standard  0.160 4.4 0.7**      0.018
 120,000 mile standard 0.230 6.4   1.0 0.10 0.027
----------------------------------------------------------------
Test Weight Category: Above 5,750 TW but not above 8,500 lbs. GVWR
----------------------------------------------------------------
 Pollutant              NMOG  CO   NOx  PM* HCHO (formaldehyde)
----------------------------------------------------------------
 50,000 mile standard  0.195 5.0 1.1**      0.022
 120,000 mile standard 0.280 7.3   1.5 0.12 0.032
----------------------------------------------------------------
Standards are expressed in grams per mile (gpm).
*Standards for particulates (PM) shall apply only to diesel-fueled vehicles.
**Standard not applicable to diesel-fueled vehicles.
For the 50,000 mile standards and the 120,000 mile standards set forth in
the table, the applicable useful life for purposes of certification shall
be 50,000 miles or 120,000 miles, respectively.
 `(d) FLEXIBLE AND DUAL-FUEL VEHICLES-
 `(1) IN GENERAL- The Administrator shall establish standards and requirements
 under this section for the model year 1996 and thereafter for vehicles
 weighing not more than 8,500 lbs. gvwr which are capable of operating on
 more than one fuel. Such standards shall require that such vehicles meet
 the exhaust standards applicable under subsection (a), (b), and (c) for CO,
 NOx, and HCHO, and if appropriate, PM for single-fuel vehicles of the same
 vehicle category and model year.
 `(2) EXHAUST NMOG STANDARD FOR OPERATION ON CLEAN ALTERNATIVE FUEL- In
 addition to standards for the pollutants referred to in paragraph (1),
 the standards established under paragraph (1) shall require that vehicle
 exhaust emissions of NMOG not exceed the levels (expressed in grams per
 mile) specified in the tables below when the vehicle is operated on the
 clean alternative fuel for which such vehicle is certified:
NMOG Standards for Flexible- and Dual-Fueled Vehicles When Operating on
Clean Alternative Fuel
Light-duty Trucks up to 6,000 lbs. GVWR and Light-duty vehicles
-----------------------------------------------------------------------------------------------------------------------------
 Vehicle Type                                     Column A (50,000
 mi.) Standard (gpm) Column B (100,000 mi.) Standard (gpm)
-----------------------------------------------------------------------------------------------------------------------------
 LDT's (0-3,750 lbs. LVW) and light-duty vehicles 0.125
 0.156
 LDT's (3,751-5,750 lbs. LVW)                     0.160
 0.20
 LDT's (0-3,750 lbs. LVW) and light-duty vehicles 0.075
 0.090
 LDT's (3,751-5,750 lbs. LVW)                     0.100
 0.130
-----------------------------------------------------------------------------------------------------------------------------
For standards under column A, for purposes of certification under section 206,
the applicable useful life shall be 50,000 miles.
For standards under column B, for purposes of certification under section 206,
the applicable useful life shall be 100,000 miles.
Light-duty Trucks More than 6,000 lbs. GVWR
--------------------------------------------------------------------------------------------
 Vehicle Type                Column A (50,000 mi.) Standard Column B (120,000
 mi.) Standard
--------------------------------------------------------------------------------------------
 LDT's (0-3,750 lbs. TW)     0.125                          0.180
 LDT's (3,751-5,750 lbs. TW) 0.160                          0.230
 LDT's (above 5,750 lbs. TW) 0.195                          0.280
--------------------------------------------------------------------------------------------
For standards under column A, for purposes of certification under section 206,
the applicable useful life shall be 50,000 miles.
For standards under column B, for purposes of certification under section 206,
the applicable useful life shall be 120,000 miles.
 `(3) NMOG STANDARD FOR OPERATION ON CONVENTIONAL FUEL- In addition to the
 standards referred to in paragraph (1), the standards established under
 paragraph (1) shall require that vehicle exhaust emissions of NMOG not
 exceed the levels (expressed in grams per mile) specified in the tables below:
NMOG Standards for Flexible- and Dual-Fueled Vehicles When Operating on
Conventional Fuel
Light-duty Trucks of up to 6,000 lbs. GVWR and Light-duty vehicles
-----------------------------------------------------------------------------------------------------------------------------
 Vehicle Type                                     Column A (50,000
 mi.) Standard (gpm) Column B (100,000 mi.) Standard (gpm)
-----------------------------------------------------------------------------------------------------------------------------
 LDT's (0-3,750 lbs. LVW) and light-duty vehicles 0.25
 0.31
 LDT's (3,751-5,750 lbs. LVW)                     0.32
 0.40
 LDT's (0-3,750 lbs. LVW) and light-duty vehicles 0.125
 0.156
 LDT's (3,751-5,750 lbs. LVW)                     0.160
 0.200
-----------------------------------------------------------------------------------------------------------------------------
For standards under column A, for purposes of certification under section 206,
the applicable useful life shall be 50,000 miles.
For standards under column B, for purposes of certification under section 206,
the applicable useful life shall be 100,000 miles.
Light-duty Trucks of up to 6,000 lbs. GVWR
--------------------------------------------------------------------------------------------
 Vehicle Type                Column A (50,000 mi.) Standard Column B (120,000
 mi.) Standard
--------------------------------------------------------------------------------------------
 LDT's (0-3,750 lbs. TW)     0.25                           0.36
 LDT's (3,751-5,750 lbs. TW) 0.32                           0.46
 LDT's (above 5,750 lbs. TW) 0.39                           0.56
--------------------------------------------------------------------------------------------
For standards under column A, for purposes of certification under section 206,
the applicable useful life shall be 50,000 miles.
For standards under column B, for purposes of certification under section 206,
the applicable useful life shall be 120,000 miles.
 `(e) REPLACEMENT BY CARB STANDARDS-
 `(1) SINGLE SET OF CARB STANDARDS- If the State of California promulgates
 regulations establishing and implementing a single set of standards applicable
 in California pursuant to a waiver approved under section 209 to any category
 of vehicles referred to in subsection (a), (b), (c), or (d) of this section
 and such set of standards is, in the aggregate, at least as protective of
 public health and welfare as the otherwise applicable standards set forth
 in section 242 and subsection (a), (b), (c), or (d) of this section, such
 set of California standards shall apply to clean-fuel vehicles in such
 category in lieu of the standards otherwise applicable under section 242
 and subsection (a), (b), (c), or (d) of this section, as the case may be.
 `(2) MULTIPLE SETS OF CARB STANDARDS- If the State of California promulgates
 regulations establishing and implementing several different sets of standards
 applicable in California pursuant to a waiver approved under section 209
 to any category of vehicles referred to in subsection (a), (b), (c), or
 (d) of this section and each of such sets of California standards is,
 in the aggregate, at least as protective of public health and welfare as
 the otherwise applicable standards set forth in section 242 and subsection
 (a), (b), (c), or (d) of this section, such standards shall be treated as
 `qualifying California standards' for purposes of this paragraph.  Where more
 than one set of qualifying standards are established and administered by
 the State of California, the least stringent set of qualifying California
 standards shall apply to the clean-fuel vehicles concerned in lieu of
 the standards otherwise applicable to such vehicles under section 242 and
 this section.
 `(f) LESS STRINGENT CARB STANDARDS- If the Low-Emission Vehicle and Clean
 Fuels Regulations of the California Air Resources Board applicable to
 any category of vehicles referred to in subsection (a), (b), (c), or (d)
 of this section are modified after the enactment of the Clean Air Act of
 1990 to provide an emissions standard which is less stringent than the
 otherwise applicable standard set forth in subsection (a), (b), (c), or
 (d), or if any effective date contained in such regulations is delayed, such
 modified standards or such delay (or both, as the case may be) shall apply,
 for an interim period, in lieu of the standard or effective date otherwise
 applicable under subsection (a), (b), (c), or (d) to any vehicles covered
 by such modified standard or delayed effective date. The interim period
 shall be a period of not more than 2 model years from the effective date
 otherwise applicable under subsection (a), (b), (c), or (d). After such
 interim period, the otherwise applicable standard set forth in subsection
 (a), (b), (c), or (d) shall take effect with respect to such vehicles
 (unless subsequently replaced under subsection (e)).
 `(g) NOT APPLICABLE TO HEAVY-DUTY VEHICLES- Notwithstanding any provision of
 the Low-Emission Vehicle and Clean Fuels Regulations of the California Air
 Resources Board nothing in this section shall apply to heavy-duty engines
 in vehicles of more than 8,500 lbs. GVWR.
`SEC. 244. ADMINISTRATION AND ENFORCEMENT AS PER CALIFORNIA STANDARDS.
 `Where the numerical clean-fuel vehicle standards applicable under this
 part to vehicles of not more than 8,500 lbs. GVWR are the same as numerical
 emission standards applicable in California under the Low-Emission Vehicle
 and Clean Fuels Regulations of the California Air Resources Board (`CARB'),
 such standards shall be administered and enforced by the Administrator--
 `(1) in the same manner and with the same flexibility as the State of
 California administers and enforces corresponding standards applicable under
 the Low-Emission Vehicle and Clean Fuels Regulations of the California Air
 Resources Board (`CARB'); and
 `(2) subject to the same requirements, and utilizing the same interpretations
 and policy judgments, as are applicable in the case of such CARB standards,
 including, but not limited to, requirements regarding certification,
 production-line testing, and in-use compliance,
unless the Administrator determines (in promulgating the rules establishing the
clean fuel vehicle program under this section) that any such administration
and enforcement would not meet the criteria for a waiver under section
209. Nothing in this section shall apply in the case of standards under
section 245 for heavy-duty vehicles.
`SEC. 245. STANDARDS FOR HEAVY-DUTY CLEAN-FUEL VEHICLES (GVWR ABOVE 8,500
UP TO 26,000 LBS).
 `(a) MODEL YEARS AFTER 1997; COMBINED NOX AND NMHC STANDARD- For classes
 or categories of heavy-duty vehicles or engines manufactured for the model
 year 1998 or thereafter and having a GVWR greater than 8,500 lbs. and up to
 26,000 lbs. GVWR, the standards under this part for clean-fuel vehicles shall
 require that combined emissions of oxides of nitrogen (NOx) and nonmethane
 hydrocarbons (NMHC) shall not exceed 3.15 grams per brake horsepower hour
 (equivalent to 50 percent of the combined emission standards applicable
 under section 202 for such air pollutants in the case of a conventional
 model year 1994 heavy-duty diesel-fueled vehicle or engine). No standard
 shall be promulgated as provided in this section for any heavy-duty vehicle
 of more than 26,000 lbs. GVWR.
 `(b) REVISED STANDARDS THAT ARE LESS STRINGENT- (1) The Administrator may
 promulgate a revised less stringent standard for the vehicles or engines
 referred to in subsection (a) if the Administrator determines that the
 50 percent reduction required under subsection (a) is not technologically
 feasible for clean diesel-fueled vehicles and engines, taking into account
 durability, costs, lead time, safety, and other relevant factors. To provide
 adequate lead time the Administrator shall make a determination with regard
 to the technological feasibility of such 50 percent reduction before December
 31, 1993.
 `(2) Any person may at any time petition the Administrator to make a
 determination under paragraph (1). The Administrator shall act on such a
 petition within 6 months after the petition is filed.
 `(3) Any revised less stringent standards promulgated as provided in this
 subsection shall require at least a 30 percent reduction in lieu of the 50
 percent reduction referred to in paragraph (1).
`SEC. 246. CENTRALLY FUELED FLEETS
 `(a) FLEET PROGRAM REQUIRED FOR CERTAIN NONATTAINMENT AREAS-
 `(1) SIP REVISION- Each State in which there is located all or part of a
 covered area (as defined in paragraph (2)) shall submit, within 42 months
 after the enactment of the Clean Air Act Amendments of 1990, a State
 implementation plan revision under section 110 and part D of title I to
 establish a clean-fuel vehicle program for fleets under this section.
 `(2) COVERED AREAS- For purposes of this subsection, each of the following
 shall be a `covered area':
 `(A) OZONE NONATTAINMENT AREAS- Any ozone nonattainment area with a 1980
 population of 250,000 or more classified under subpart 2 of part D of
 title I of this Act as Serious, Severe, or Extreme based on data for the
 calendar years 1987, 1988, and 1989. In determining the ozone nonattainment
 areas to be treated as covered areas pursuant to this subparagraph, the
 Administrator shall use the most recent interpretation methodology issued
 by the Administrator prior to the enactment of the Clean Air Act Amendments
 of 1990.
 `(B) CARBON MONOXIDE NONATTAINMENT AREAS- Any carbon monoxide nonattainment
 area with a 1980 population of 250,000 or more and a carbon monoxide design
 value at or above 16.0 parts per million based on data for calendar years
 1988 and 1989 (as calculated according to the most recent interpretation
 methodology issued prior to enactment of the Clean Air Act Amendments
 of 1990 by the United States Environmental Protection Agency), excluding
 those carbon monoxide nonattainment areas in which mobile sources do not
 contribute significantly to carbon monoxide exceedances.
 `(3) PLAN REVISIONS FOR RECLASSIFIED AREAS- In the case of ozone nonattainment
 areas reclassified as Serious, Severe, or Extreme under part D of title I
 with a 1980 population of 250,000 or more, the State shall submit a plan
 revision meeting the requirements of this subsection within 1 year after
 reclassification. Such plan revision shall implement the requirements
 applicable under this subsection at the time of reclassification and
 thereafter, except that the Administrator may adjust for a limited period
 the deadlines for compliance where compliance with such deadlines would
 be infeasible.
 `(4) CONSULTATION; CONSIDERATION OF FACTORS- Each State required to submit
 an implementation plan revision under this subsection shall develop such
 revision in consultation with fleet operators, vehicle manufacturers, fuel
 producers and distributors, motor vehicle fuel, and other interested parties,
 taking into consideration operational range, specialty uses, vehicle and
 fuel availability, costs, safety, resale values of vehicles and equipment
 and other relevant factors.
 `(b) PHASE-IN OF REQUIREMENTS- The plan revision required under this section
 shall contain provisions requiring that at least a specified percentage of
 all new covered fleet vehicles in model year 1998 and thereafter purchased
 by each covered fleet operator in each covered area shall be clean-fuel
 vehicles and shall use clean alternative fuels when operating in the covered
 area. For the applicable model years (MY) specified in the following table
 and thereafter, the specified percentage shall be as provided in the table
 for the vehicle types set forth in the table:
Clean Fuel Vehicle Phase-in Requirements for Fleets
--------------------------------------------------------------------------------------
 Vehicle Type                                                    MY1998
 MY1999 MY2000
--------------------------------------------------------------------------------------
 Light-duty trucks up to 6,000 lbs. GVWR and light-duty vehicles    30%
 50%    70%
 Heavy-duty trucks above 8,500 lbs. GVWR                            50%
 50%    50%
--------------------------------------------------------------------------------------
The term MY refers to model year.
 `(c) ACCELERATED STANDARD FOR LIGHT-DUTY TRUCKS UP TO 6,000 LBS. GVWR AND
 LIGHT-DUTY VEHICLES- Notwithstanding the model years for which clean-fuel
 vehicle standards are applicable as provided in section 243, for purposes
 of this section, light duty trucks of up to 6,000 lbs. GVWR and light-duty
 vehicles manufactured in model years 1998 through model year 2000 shall
 be treated as clean-fuel vehicles only if such vehicles comply with the
 standards applicable under section 243 for vehicles in the same class for
 the model year 2001. The requirements of subsection (b) shall take effect
 on the earlier of the following:
 `(1) The first model year after model year 1997 in which new light-duty trucks
 up to 6,000 lbs. GVWR and light-duty vehicles which comply with the model
 year 2001 standards under section 243 are offered for sale in California.
 `(2) Model year 2001.
Whenever the effective date of subsection (b) is delayed pursuant to paragraph
(1) of this subsection, the phase-in schedule under subsection (b) shall
be modified to commence with the model year referred to in paragraph (1)
in lieu of model year 1998.
 `(d) CHOICE OF VEHICLES AND FUEL- The plan revision under this subsection
 shall provide that the choice of clean-fuel vehicles and clean alternative
 fuels shall be made by the covered fleet operator subject to the requirements
 of this subsection.
 `(e) AVAILABILITY OF CLEAN ALTERNATIVE FUEL- The plan revision shall require
 fuel providers to make clean alternative fuel available to covered fleet
 operators at locations at which covered fleet vehicles are centrally fueled.
 `(f) CREDITS-
 `(1) ISSUANCE OF CREDITS- The State plan revision required under this
 section shall provide for the issuance by the State of appropriate credits
 to a fleet operator for any of the following (or any combination thereof):
 `(A) The purchase of more clean-fuel vehicles than required under this
 section.
 `(B) The purchase of clean fuel vehicles which meet more stringent standards
 established by the Administrator pursuant to paragraph (4).
 `(C) The purchase of vehicles in categories which are not covered by this
 section but which meet standards established for such vehicles under paragraph
 (4).
 `(2) USE OF CREDITS; LIMITATIONS BASED ON WEIGHT CLASSES-
 `(A) USE OF CREDITS- Credits under this subsection may be used by the person
 holding such credits to demonstrate compliance with this section or may be
 traded or sold for use by any other person to demonstrate compliance with
 other requirements applicable under this section in the same nonattainment
 area. Credits obtained at any time may be held or banked for use at any
 later time, and when so used, such credits shall maintain the same value
 as if used at an earlier date.
 `(B) LIMITATIONS BASED ON WEIGHT CLASSES- Credits issued with respect
 to the purchase of vehicles of up to 8,500 lbs. GVWR may not be used to
 demonstrate compliance by any person with the requirements applicable under
 this subsection to vehicles of more than 8,500 lbs. GVWR. Credits issued
 with respect to the purchase of vehicles of more than 8,500 lbs. GVWR may
 not be used to demonstrate compliance by any person with the requirements
 applicable under this subsection to vehicles weighing up to 8,500 lbs. GVWR.
 `(C) WEIGHTING- Credits issued for purchase of a clean fuel vehicle under
 this subsection shall be adjusted with appropriate weighting to reflect
 the level of emission reduction achieved by the vehicle.
 `(3) REGULATIONS AND ADMINISTRATION- Within 12 months after the enactment
 of the Clean Air Act Amendments of 1990, the Administrator shall promulgate
 regulations for such credit program. The State shall administer the credit
 program established under this subsection.
 `(4) STANDARDS FOR ISSUING CREDITS FOR CLEANER VEHICLES- Solely for purposes
 of issuing credits under paragraph (1)(B), the Administrator shall establish
 under this paragraph standards for Ultra-Low Emission Vehicles (`ULEV's)
 and Zero Emissions Vehicles (`ZEV's) which shall be more stringent than
 those otherwise applicable to clean-fuel vehicles under this part. The
 Administrator shall certify clean fuel vehicles as complying with such
 more stringent standards, and administer and enforce such more stringent
 standards, in the same manner as in the case of the otherwise applicable
 clean-fuel vehicle standards established under this section. The standards
 established by the Administrator under this paragraph for vehicles under
 8,500 lbs. GVWR or greater shall conform as closely as possible to standards
 which are established by the State of California for ULEV and ZEV vehicles
 in the same class. For vehicles of 8,500 lbs. GVWR or more, the Administrator
 shall promulgate comparable standards for purposes of this subsection.
 `(5) EARLY FLEET CREDITS- The State plan revision shall provide credits
 under this subsection to fleet operators that purchase vehicles certified to
 meet clean-fuel vehicle standards under this part during any period after
 approval of the plan revision and prior to the effective date of the fleet
 program under this section.
 `(g) AVAILABILITY TO THE PUBLIC- At any facility owned or operated by a
 department, agency, or instrumentality of the United States where vehicles
 subject to this subsection are supplied with clean alternative fuel, such
 fuel shall be offered for sale to the public for use in other vehicles
 during reasonable business times and subject to national security concerns,
 unless such fuel is commercially available for vehicles in the vicinity of
 such Federal facilities.
 `(h) TRANSPORTATION CONTROL MEASURES- The Administrator shall by rule,
 within 1 year after the enactment of the Clean Air Act Amendments of 1990,
 ensure that certain transportation control measures including time-of-day or
 day-of-week restrictions, and other similar measures that restrict vehicle
 usage, do not apply to any clean-fuel vehicle that meets the requirements
 of this section. This subsection shall apply notwithstanding title I.
`SEC. 247. VEHICLE CONVERSIONS.
 `(a) CONVERSION OF EXISTING AND NEW CONVENTIONAL VEHICLES TO CLEAN-FUEL
 VEHICLES- The requirements of section 246 may be met through the conversion
 of existing or new gasoline or diesel-powered vehicles to clean-fuel vehicles
 which comply with the applicable requirements of that section. For purposes
 of such provisions the conversion of a vehicle to clean fuel vehicle shall
 be treated as the  purchase of a clean fuel vehicle. Nothing in this part
 shall be construed to provide that any covered fleet operator subject to
 fleet vehicle purchase requirements under section 246 shall be required to
 convert existing or new gasoline or diesel-powered vehicles to clean-fuel
 vehicles or to purchase converted vehicles.
 `(b) REGULATIONS- The Administrator shall, within 24 months after the
 enactment of the Clean Air Act Amendments of 1990, consistent with
 the requirements of this title applicable to new vehicles, promulgate
 regulations governing conversions of conventional vehicles to clean-fuel
 vehicles. Such regulations shall establish criteria for such conversions
 which will ensure that a converted vehicle will comply with the standards
 applicable under this part to clean-fuel vehicles. Such regulations shall
 provide for the application to such conversions of the same provisions of
 this title (including provisions relating to administration enforcement)
 as are applicable to standards under section 242, 243, 244, and 245,
 except that in the case of conversions the Administrator may modify the
 applicable regulations implementing such provisions as the Administrator
 deems necessary to implement this part.
 `(c) ENFORCEMENT- Any person who converts conventional vehicles to clean fuel
 vehicles pursuant to subsection (b), shall be considered a manufacturer for
 purposes of sections 206 and 207 and related enforcement provisions. Nothing
 in the preceding sentence shall require a person who performs such conversions
 to warrant any part or operation of a vehicle other than as required under
 this part. Nothing in this paragraph shall limit the applicability of any
 other warranty to unrelated parts or operations.
 `(d) TAMPERING- The conversion from a vehicle capable of operating
 on gasoline or diesel fuel only to a clean-fuel vehicle shall not be
 considered a violation of section 203(a)(3) if such conversion complies
 with the regulations promulgated under subsection (b).
 `(e) SAFETY- The Secretary of Transportation shall, if necessary, promulgate
 rules under applicable motor vehicle laws regarding the safety of vehicles
 converted from existing and new vehicles to clean-fuel vehicles.
`SEC. 248. FEDERAL AGENCY FLEETS.
 `(a) ADDITIONAL PROVISIONS APPLICABLE- The provisions of this section
 shall apply, in addition to the other provisions of this part, in the
 case of covered fleet vehicles owned or operated by an agency, department,
 or instrumentality of the United States, except as otherwise provided in
 subsection (e).
 `(b) COST OF VEHICLES TO FEDERAL AGENCY- Notwithstanding the provisions of
 section 211 of the Federal Property and Administrative Services Act of 1949,
 the Administrator of General Services shall not include the incremental costs
 of clean-fuel vehicles in the amount to be reimbursed by Federal agencies if
 the Administrator of General Services determines that appropriations provided
 pursuant to this paragraph are sufficient to provide for the incremental
 cost of such vehicles over the cost of comparable conventional vehicles.
 `(c) LIMITATIONS ON APPROPRIATIONS- Funds appropriated pursuant to the
 authorization under this paragraph shall be applicable only--
 `(1) to the portion of the cost of acquisition, maintenance and operation
 of vehicles acquired under this subparagraph which exceeds the cost of
 acquisition, maintenance and operation of comparable conventional vehicles;
 `(2) to the portion of the costs of fuel storage and dispensing equipment
 attributable to such vehicles which exceeds the costs for such purposes
 required for conventional vehicles; and
 `(3) to the portion of the costs of acquisition of clean-fuel vehicles which
 represents a reduction in revenue from the disposal of such vehicles as
 compared to revenue resulting from the disposal of comparable conventional
 vehicles.
 `(d) VEHICLE COSTS- The incremental cost of vehicles acquired under this
 part over the cost of comparable conventional vehicles shall not be applied
 to any calculation with respect to a limitation under law on the maximum
 cost of individual vehicles which may be required by the United States.
 `(e) EXEMPTIONS- The requirements of this part shall not apply to vehicles
 with respect to which the Secretary of Defense has certified to the
 Administrator that an exemption is needed based on national security
 consideration.
 `(f) ACQUISITION REQUIREMENT- Federal agencies, to the extent practicable,
 shall obtain clean-fuel vehicles from original equipment manufacturers.
 `(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
 such sums as may be required to carry out the provisions of this section:
 Provided, That such sums as are appropriated for the Administrator of General
 Services pursuant to the authorization under this section shall be added to
 the General Supply Fund established in section 109 of the Federal Property
 and Administrative Services Act of 1949.
`SEC. 249. CALIFORNIA PILOT TEST PROGRAM.
 `(a) ESTABLISHMENT- The Administrator shall establish a pilot program in
 the State of California to demonstrate the effectiveness of clean-fuel
 vehicles in controlling air pollution in ozone nonattainment areas.
 `(b) APPLICABILITY- The provisions of this section shall only apply to
 light-duty trucks and light-duty vehicles, and such provisions shall apply
 only in the State of California, except as provided in subsection (f).
 `(c) PROGRAM REQUIREMENTS- Not later than 24 months after the enactment of
 the Clean Air Act Amendments of 1990, the Administrator shall promulgate
 regulations establishing requirements under this section applicable in the
 State of California. The regulations shall provide the following:
 `(1) CLEAN-FUEL VEHICLES- Clean-fuel vehicles shall be produced, sold, and
 distributed (in accordance with normal business practices and applicable
 franchise agreements) to ultimate purchasers in California (including owners
 of covered fleets referred to in section 246) in numbers that meet or exceed
 the following schedule:
---------------------------------------------------
 Model Years         Number of Clean-Fuel Vehicles
---------------------------------------------------
 1996, 1997, 1998    150,000 vehicles
 1999 and thereafter 300,000 vehicles
---------------------------------------------------
 `(2) CLEAN ALTERNATIVE FUELS- (A) Within 2 years after the enactment of
 the Clean Air Act Amendments of 1990, the State of California shall submit
 a revision of the applicable implementation plan under part D of title
 I and section 110 containing a clean fuel plan that requires that clean
 alternative fuels on which the clean-fuel vehicles required under this
 paragraph can operate shall be produced and distributed by fuel suppliers
 and made available in California. At a minimum, sufficient clean alternative
 fuels shall be produced, distributed and made available to assure that all
 clean-fuel vehicles required under this section can operate, to the maximum
 extent practicable, exclusively on such fuels in California. The State shall
 require that clean alternative fuels be made available and offered for sale
 at an adequate number of locations with sufficient geographic distribution
 to ensure convenient refueling with clean alternative fuels, considering the
 number of, and type of, such vehicles sold and the geographic distribution
 of such vehicles within the State.  The State shall determine the clean
 alternative fuels to be produced, distributed, and made available based on
 motor vehicle manufacturers' projections of future sales of such vehicles
 and consultations with the affected local governments and fuel suppliers.
 `(B) The State may by regulation grant persons subject to the requirements
 prescribed under this paragraph an appropriate amount of credits for exceeding
 such requirements, and any person granted credits may transfer some or all
 of the credits for use by one or more persons in demonstrating compliance
 with such requirements. The State may make the credits available for use
 after consideration of enforceability, environmental, and economic factors
 and upon such terms and conditions as the State finds appropriate.
 `(C) The State may also by regulation establish specifications for any
 clean alternative fuel produced and made available under this paragraph
 as the State finds necessary to reduce or eliminate an unreasonable risk
 to public health, welfare, or safety associated with its use or to ensure
 acceptable vehicle maintenance and performance characteristics.
 `(D) If a retail gasoline dispensing facility would have to remove or replace
 one or more motor vehicle fuel underground storage tanks and accompanying
 piping in order to comply with the provisions of this section, and it had
 removed and replaced such tank or tanks and accompanying piping in order
 to comply with subtitle I of the Solid Waste Disposal Act prior to the
 date of the enactment of the Clean Air Act Amendments of 1990, it shall
 not be required to comply with this subsection until a period of 7 years
 has passed from the date of the removal and replacement of such tank or tanks.
 `(E) Nothing in this section authorizes any State other than California to
 adopt provisions regarding clean alternative fuels.
 `(F) If the State of California fails to adopt a clean fuel program that
 meets the requirements of this paragraph, the Administrator shall, within 4
 years after the enactment of the Clean Air Act Amendments of 1990, establish
 a clean fuel program for the State of California under this paragraph and
 section 110(c) that meets the requirements of this paragraph.
 `(d) CREDITS FOR MOTOR VEHICLE MANUFACTURERS- (1) The Administrator may
 (by regulation) grant a motor vehicle manufacturer an appropriate amount of
 credits toward fulfillment of such manufacturer's share of the requirements
 of subsection (c)(1) of this section for any of the following (or any
 combination thereof):
 `(A) The sale of more clean-fuel vehicles than required under subsection
 (c)(1) of this section.
 `(B) The sale of clean fuel vehicles which meet standards established by the
 Administrator as provided in paragraph (3) which are more stringent than
 the clean-fuel vehicle standards otherwise applicable to such clean-fuel
 vehicle. A manufacturer granted credits under this paragraph may transfer
 some or all of the credits for use by one or more other manufacturers
 in demonstrating compliance with the requirements prescribed under this
 paragraph. The Administrator may make the credits available for use after
 consideration of enforceability, environmental, and economic factors and
 upon such terms and conditions as he finds appropriate. The Administrator
 shall grant credits in accordance with this paragraph, notwithstanding any
 requirements of State law or any credits granted with respect to the same
 vehicles under any State law, rule, or regulation.
 `(2) REGULATIONS AND ADMINISTRATION- The Administrator shall administer the
 credit program established under this subsection.  Within 12 months after
 the enactment of the Clean Air Act Amendments of 1990, the Administrator
 shall promulgate regulations for such credit program.
 `(3) STANDARDS FOR ISSUING CREDITS FOR CLEANER VEHICLES- The more stringent
 standards and other requirements (including requirements relating to the
 weighting of credits) established by the Administrator for purposes of the
 credit program under 245(e) (relating to credits for clean fuel vehicles
 in the fleets program) shall also apply for purposes of the credit program
 under this paragraph.
 `(e) PROGRAM EVALUATION- (1) Not later than June 30, 1994 and again in
 connection with the report under paragraph (2), the Administrator shall
 provide a report to the Congress on the status of the California Air
 Resources Board Low-Emissions Vehicles and Clean Fuels Program. Such report
 shall examine the capability, from a technological standpoint, of motor
 vehicle manufacturers and motor vehicle fuel suppliers to comply with the
 requirements of such program and with the requirements of the California
 Pilot Program under this section.
 `(2) Not later than June 30, 1998, the Administrator shall complete
 and submit a report to Congress on the effectiveness of the California
 pilot program under this section. The report shall evaluate the level of
 emission reductions achieved under the program, the costs of the program, the
 advantages and disadvantages of extending the program to other nonattainment
 areas, and desirability of continuing or expanding the program in California.
 `(3) The program under this section cannot be extended or terminated by
 the Administrator except by Act of Congress enacted after the date of the
 Clean Air Act Amendments of 1990. Section 177 of this Act does not apply
 to the program under this section.
 `(f) VOLUNTARY OPT-IN FOR OTHER STATES-
 `(1) EPA REGULATIONS- Not later than 2 years after the enactment of the Clean
 Air Act Amendments of 1990, the Administrator shall promulgate regulations
 establishing a voluntary opt-in program under this subsection pursuant
 to which--
 `(A) clean-fuel vehicles which are required to be produced, sold, and
 distributed in the State of California under this section, and
 `(B) clean alternative fuels required to be produced and distributed under
 this section by fuel suppliers and made available in California
may also be sold and used in other States which submit plan revisions under
paragraph (2).
 `(2) PLAN REVISIONS- Any State in which there is located all or part of an
 ozone nonattainment area classified under subpart D of title I as Serious,
 Severe, or Extreme may submit a revision of the applicable implementation plan
 under part D of title I and section 110 to provide incentives for the sale or
 use in such an area or State of  clean-fuel vehicles which are required to be
 produced, sold, and distributed in the State of California, and for the use
 in such an area or State of clean alternative fuels required to be produced
 and distributed by fuel suppliers and made available in California. Such
 plan provisions shall not take effect until 1 year after the State has
 provided notice of such provisions to motor vehicle manufacturers and to
 fuel suppliers.
 `(3) INCENTIVES- The incentives referred to in paragraph (2) may include
 any or all of the following:
 `(A) A State registration fee on new motor vehicles registered in the State
 which are not clean-fuel vehicles in the amount of at least 1 percent of
 the cost of the vehicle. The proceeds of such fee shall be used to provide
 financial incentives to purchasers of clean-fuel vehicles and to vehicle
 dealers who sell high volumes or high percentages of clean-fuel vehicles
 and to defray the administrative costs of the incentive program.
 `(B) Provisions to exempt clean-fuel vehicles from high occupancy vehicle
 or trip reduction requirements.
 `(C) Provisions to provide preference in the use of existing parking spaces
 for clean-fuel vehicles.
The incentives under this paragraph shall not apply in the case of covered
fleet vehicles.
 `(4) NO SALES OR PRODUCTION MANDATE- The regulations and plan revisions under
 paragraphs (1) and (2) shall not include any production or sales mandate for
 clean-fuel vehicles or clean alternative fuels. Such regulations and plan
 revisions shall also provide that vehicle manufacturers and fuel suppliers
 may not be subject to penalties or sanctions for failing to produce or sell
 clean-fuel vehicles or clean alternative fuels.
`SEC. 250. GENERAL PROVISIONS.
 `(a) STATE REFUELING FACILITIES- If any State adopts enforceable provisions
 in an implementation plan applicable to a nonattainment area which provides
 that existing State refueling facilities will be made available to the
 public for the purchase of clean alternative fuels or that State-operated
 refueling facilities for such fuels will be constructed and operated by
 the State and made available to the public at reasonable times, taking into
 consideration safety, costs, and other relevant factors, in approving such
 plan under section 110 and part D, the Administrator may credit a State with
 the emission reductions for purposes of part D attributable to such actions.
 `(b) NO PRODUCTION MANDATE- The Administrator shall have no authority
 under this part to mandate the production of clean-fuel vehicles except as
 provided in the California pilot test program or to specify as applicable
 the models, lines, or types of, or marketing or price practices, policies,
 or strategies for, vehicles subject to this part. Nothing in this part shall
 be construed to give the Administrator authority to mandate marketing or
 pricing practices, policies, or strategies for fuels.
 `(c) TANK AND FUEL SYSTEM SAFETY- The Secretary of Transportation shall,
 in accordance with the National Motor Vehicle Traffic Safety Act of 1966,
 promulgate applicable regulations regarding the safety and use of fuel
 storage cylinders and fuel systems, including appropriate testing and
 retesting, in conversions of motor vehicles.
 `(d) CONSULTATION WITH DEPARTMENT OF ENERGY AND DEPARTMENT OF TRANSPORTATION-
 The Administrator shall coordinate with the Secretaries of the Department
 of Energy and the Department of Transportation in carrying out the
 Administrator's duties under this part.'.
SEC. 230. TECHNICAL AMENDMENTS.
 The Clean Air Act is amended as follows:
 (1) In section 202(b)(3), strike out subparagraph (B).
 (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)',
 (B) strike out paragraph (2), and
 (C) insert `and all light-duty trucks manufactured during or after model
 year 1995' immediately after `1984'.
 (9) In section 207(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) Strike out section 212.
PART B--OTHER PROVISIONS
SEC. 231. ETHANOL SUBSTITUTE FOR DIESEL.
 Within one year after the enactment of the Clean Air Act Amendments of
 1990, the Administrator shall contract with a laboratory which has done
 research on alcohol esters of rapeseed oil to evaluate the feasibility,
 engine performance, emissions, and production capability associated with
 an alternative to diesel fuel composed of ethanol and high erucic rapeseed
 oil. The Administrator shall submit a report on the results of this research
 to Congress within 3 years of the issuance of such contract.
SEC. 232. ADOPTION BY OTHER STATES OF CALIFORNIA STANDARDS.
 Section 177 of the Clean Air Act (42 U.S.C. 7507) is amended by adding the
 following at the end thereof:
`Nothing in this section or in title II of this Act shall be construed as
authorizing any such State to prohibit or limit, directly or indirectly,
the manufacture or sale of a new motor vehicle or motor vehicle engine that
is certified in California as meeting California standards, or to take any
action of any kind to create, or have the effect of creating, a motor vehicle
or motor vehicle engine different than a motor vehicle or engine certified
in California under California standards (a `third vehicle') or otherwise
create such a `third vehicle'.'
SEC. 233. STATES AUTHORITY TO REGULATE.
 (a) STUDY- The Administrator of the Environmental Protection Agency and the
 Secretary of Transportation, in consultation with the Secretary of Defense,
 shall commence a study and investigation of the testing of uninstalled
 aircraft engines in enclosed test cells that shall address at a minimum
 the following issues and such other issues as they shall deem appropriate--
 (1) whether technologies exist to control some or all emissions of oxides
 of nitrogen from test cells;
 (2) the effectiveness of such technologies;
 (3) the cost of implementing such technologies;
 (4) whether such technologies affect the safety, design, structure, operation,
 or performance of aircraft engines;
 (5) whether such technologies impair the effectiveness and accuracy of
 aircraft engine safety design, and performance tests conducted in test
 cells; and
 (6) the impact of not controlling such oxides of nitrogen in the applicable
 nonattainment areas and on other sources, stationary and mobile, on oxides
 of nitrogen in such areas.
 (b) REPORT, AUTHORITY TO REGULATE- Not later than 24 months after enactment of
 the Clean Air Act Amendments of 1990, the Administrator of the Environmental
 Protection Agency and the Secretary of Transportation shall submit to
 Congress a report of the study conducted under this section. Following
 the completion of such study, any of the States may adopt or enforce any
 standard for emissions of oxides of nitrogen from test cells only after
 issuing a public notice stating whether such standards are in accordance
 with the findings of the study.
SEC. 234. FUGITIVE DUST.
 (a) Prior to any use of the Industrial Source Complex (ISC) Model using
 AP-42 Compilation of Air Pollutant Emission Factors to determine the effect
 on air quality of fugitive particulate emissions from surface coal mines, for
 purposes of new source review or for purposes of demonstrating compliance with
 national ambient air quality standards for particulate matter applicable to
 periods of 24 hours or less, under section 110 or parts C or D of title I of
 the Clean Air Act, the Administrator shall analyze the accuracy of such model
 and emission factors and make revisions as may be necessary to eliminate any
 significant over-prediction of air quality effect of fugitive particulate
 emissions from such sources. Such revisions shall be completed not later
 than 3 years after the date of enactment of the Clean Air Act Amendments
 of 1990. Until such time as the Administrator develops a revised model for
 surface mine fugitive emissions, the State may use alternative empirical based
 modeling approaches pursuant to guidelines issued by the Administrator.'.
SEC. 235. FEDERAL COMPLIANCE.
 Section 118 of the Clean Air Act is amended by inserting `GENERAL COMPLIANCE-
 ' after `SEC. 118. (a)' and by adding at the end thereof the following:
 `(c) GOVERNMENT VEHICLES- Each department, agency, and instrumentality of
 executive, legislative, and judicial branches of the Federal Government shall
 comply with all applicable provisions of a valid inspection and maintenance
 program established under the provisions of subpart 2 of part D or subpart
 3 of part D except for such vehicles that are considered military tactical
 vehicles.
 `(d) VEHICLES OPERATED ON FEDERAL INSTALLATIONS- Each department, agency,
 and instrumentality of executive, legislative, and judicial branches of
 the Federal Government having jurisdiction over any property or facility
 shall require all employees which operate motor vehicles on the property or
 facility to furnish proof of compliance with the applicable requirements
 of any vehicle inspection and maintenance program established under the
 provisions of subpart 2 of part D or subpart 3 of part D for the State in
 which such property or facility is located (without regard to whether such
 vehicles are registered in the State). The installation shall use one of
 the following methods to establish proof of compliance--
 `(1) presentation by the vehicle owner of a valid certificate of compliance
 from the vehicle inspection and maintenance program;
 `(2) presentation by the vehicle owner of proof of vehicle registration
 within the geographic area covered by the vehicle inspection and maintenance
 program (except for any program whose enforcement mechanism is not through
 the denial of vehicle registration);
 `(3) another method approved by the vehicle inspection and maintenance
 program administrator.'.
TITLE III--HAZARDOUS AIR POLLUTANTS
Sec. 301. Hazardous Air Pollutants.
Sec. 302. Conforming Amendment.
Sec. 303. Risk Assessment and Management Commission.
Sec. 304. Chemical Process Safety Management.
Sec. 305. Solid Waste Combustion.
Sec. 306. Ash Management and Disposal.
SEC. 301. HAZARDOUS AIR POLLUTANTS.
 Section 112 of the Clean Air Act is amended to read as follows:
`SEC. 112. HAZARDOUS AIR POLLUTANTS.
 `(a) DEFINITIONS- For purposes of this section, except subsection (r)--
 `(1) MAJOR SOURCE- The term `major source' means 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 considering controls,
 in the aggregate, 10 tons per year or more of any hazardous air pollutant or
 25 tons per year or more of any combination of hazardous air pollutants.
 The Administrator may establish a lesser quantity, or in the case of
 radionuclides different criteria, for a major source than that specified in
 the previous sentence, on the basis of the potency of the air pollutant,
 persistence, potential for bioaccumulation, other characteristics of the
 air pollutant, or other relevant factors.
 `(2) AREA SOURCE- The term `area source' means any stationary source of
 hazardous air pollutants that is not a major source.  For purposes of this
 section, the term `area source' shall not include motor vehicles or nonroad
 vehicles subject to regulation under title II.
 `(3) STATIONARY SOURCE- The term `stationary source' shall have the same
 meaning as such term has under section 111(a).
 `(4) NEW SOURCE- The term `new source' means a stationary source the
 construction or reconstruction of which is commenced after the Administrator
 first proposes regulations under this section establishing an emission
 standard applicable to such source.
 `(5) MODIFICATION- The term `modification' means any physical change in,
 or change in the method of operation of, a major source which increases the
 actual emissions of any hazardous air pollutant emitted by such source by more
 than a de minimis amount or which results in the emission of any hazardous
 air pollutant not previously emitted by more than a de minimis amount.
 `(6) HAZARDOUS AIR POLLUTANT- The term `hazardous air pollutant' means any
 air pollutant listed pursuant to subsection (b).
 `(7) ADVERSE ENVIRONMENTAL EFFECT- The term `adverse environmental effect'
 means any significant and widespread adverse effect, which may reasonably
 be anticipated, to wildlife, aquatic life, or other natural resources,
 including adverse impacts on populations of endangered or threatened species
 or significant degradation of environmental quality over broad areas.
 `(8) ELECTRIC UTILITY STEAM GENERATING UNIT- The term `electric utility
 steam generating unit' means any fossil fuel fired combustion unit of
 more than 25 megawatts that serves a generator that produces electricity
 for sale.  A unit that cogenerates steam and electricity and supplies more
 than one-third of its potential electric output capacity and more than 25
 megawatts electrical output to any utility power distribution system for
 sale shall be considered an electric utility steam generating unit.
 `(9) OWNER OR OPERATOR- The term `owner or operator' means any person who
 owns, leases, operates, controls, or supervises a stationary source.
 `(10) EXISTING SOURCE- The term `existing source' means any stationary
 source other than a new source.
 `(11) CARCINOGENIC EFFECT- Unless revised, the term `carcinogenic effect'
 shall have the meaning provided by the Administrator under Guidelines for
 Carcinogenic Risk Assessment as of the date of enactment.  Any revisions
 in the existing Guidelines shall be subject to notice and opportunity
 for comment.
 `(b) LIST OF POLLUTANTS-
 `(1) INITIAL LIST- The Congress establishes for purposes of this section
 a list of hazardous air pollutants as follows:
-----------------------------------------------------------
 CAS number                                  Chemical name
-----------------------------------------------------------
      75070                                   Acetaldehyde
      60355                                      Acetamide
      75058                                   Acetonitrile
      98862                                   Acetophenone
      53963                          2-Acetylaminofluorene
     107028                                       Acrolein
      79061                                     Acrylamide
      79107                                   Acrylic acid
     107131                                  Acrylonitrile
     107051                                 Allyl chloride
      92671                                4-Aminobiphenyl
      62533                                        Aniline
      90040                                    o-Anisidine
    1332214                                       Asbestos
      71432      Benzene (including benzene from gasoline)
      92875                                      Benzidine
      98077                               Benzotrichloride
     100447                                Benzyl chloride
      92524                                       Biphenyl
     117817              Bis(2-ethylhexyl)phthalate (DEHP)
     542881                         Bis(chloromethyl)ether
      75252                                      Bromoform
     106990                                  1,3-Butadiene
     156627                              Calcium cyanamide
     105602                                    Caprolactam
     133062                                         Captan
      63252                                       Carbaryl
      75150                               Carbon disulfide
      56235                           Carbon tetrachloride
     463581                               Carbonyl sulfide
     120809                                       Catechol
     133904                                     Chloramben
      57749                                      Chlordane
    7782505                                       Chlorine
      79118                              Chloroacetic acid
     532274                           2-Chloroacetophenone
     108907                                  Chlorobenzene
     510156                                Chlorobenzilate
      67663                                     Chloroform
     107302                      Chloromethyl methyl ether
     126998                                    Chloroprene
    1319773    Cresols/Cresylic acid (isomers and mixture)
      95487                                       o-Cresol
     108394                                       m-Cresol
     106445                                       p-Cresol
      98828                                         Cumene
      94757                        2,4-D, salts and esters
    3547044                                            DDE
     334883                                   Diazomethane
     132649                                  Dibenzofurans
      96128                    1,2-Dibromo-3-chloropropane
      84742                               Dibutylphthalate
     106467                         1,4-Dichlorobenzene(p)
      91941                          3,3-Dichlorobenzidene
     111444  Dichloroethyl ether (Bis(2-chloroethyl)ether)
     542756                            1,3-Dichloropropene
      62737                                     Dichlorvos
     111422                                 Diethanolamine
     121697      N,N-Diethyl aniline (N,N-Dimethylaniline)
      64675                                Diethyl sulfate
     119904                         3,3-Dimethoxybenzidine
      60117                       Dimethyl aminoazobenzene
     119937                         3,3-Dimethyl benzidine
      79447                    Dimethyl carbamoyl chloride
      68122                             Dimethyl formamide
      57147                         1,1-Dimethyl hydrazine
     131113                             Dimethyl phthalate
      77781                               Dimethyl sulfate
     534521                4,6-Dinitro-o-cresol, and salts
      51285                              2,4-Dinitrophenol
     121142                             2,4-Dinitrotoluene
     123911              1,4-Dioxane (1,4-Diethyleneoxide)
     122667                          1,2-Diphenylhydrazine
     106898    Epichlorohydrin (l-Chloro-2,3-epoxypropane)
     106887                                1,2-Epoxybutane
     140885                                 Ethyl acrylate
     100414                                  Ethyl benzene
      51796                     Ethyl carbamate (Urethane)
      75003                  Ethyl chloride (Chloroethane)
     106934             Ethylene dibromide (Dibromoethane)
     107062       Ethylene dichloride (1,2-Dichloroethane)
     107211                                Ethylene glycol
     151564                     Ethylene imine (Aziridine)
      75218                                 Ethylene oxide
      96457                              Ethylene thiourea
      75343     Ethylidene dichloride (1,1-Dichloroethane)
      50000                                   Formaldehyde
      76448                                     Heptachlor
     118741                              Hexachlorobenzene
      87683                            Hexachlorobutadiene
      77474                      Hexachlorocyclopentadiene
      67721                               Hexachloroethane
     822060                 Hexamethylene-1,6-diisocyanate
     680319                        Hexamethylphosphoramide
     110543                                         Hexane
     302012                                      Hydrazine
    7647010                              Hydrochloric acid
    7664393          Hydrogen fluoride (Hydrofluoric acid)
    7783064                               Hydrogen sulfide
     123319                                   Hydroquinone
      78591                                     Isophorone
      58899                          Lindane (all isomers)
     108316                               Maleic anhydride
      67561                                       Methanol
      72435                                   Methoxychlor
      74839                  Methyl bromide (Bromomethane)
      74873                Methyl chloride (Chloromethane)
      71556      Methyl chloroform (1,1,1-Trichloroethane)
      78933               Methyl ethyl ketone (2-Butanone)
      60344                               Methyl hydrazine
      74884                    Methyl iodide (Iodomethane)
     108101                Methyl isobutyl ketone (Hexone)
     624839                              Methyl isocyanate
      80626                            Methyl methacrylate
    1634044                        Methyl tert butyl ether
     101144             4,4-Methylene bis(2-chloroaniline)
      75092           Methylene chloride (Dichloromethane)
     101688          Methylene diphenyl diisocyanate (MDI)
     101779                         4,4-Methylenedianiline
      91203                                    Naphthalene
      98953                                   Nitrobenzene
      92933                                4-Nitrobiphenyl
     100027                                  4-Nitrophenol
      79469                                 2-Nitropropane
     684935                         N-Nitroso-N-methylurea
      62759                         N-Nitrosodimethylamine
      59892                            N-Nitrosomorpholine
      56382                                      Parathion
      82688        Pentachloronitrobenzene (Quintobenzene)
      87865                              Pentachlorophenol
     108952                                         Phenol
     106503                             p-Phenylenediamine
      75445                                       Phosgene
    7803512                                      Phosphine
    7723140                                     Phosphorus
      85449                             Phthalic anhydride
    1336363           Polychlorinated biphenyls (Aroclors)
    1120714                            1,3-Propane sultone
      57578                             beta-Propiolactone
     123386                                Propionaldehyde
     114261                              Propoxur (Baygon)
      78875     Propylene dichloride (1,2-Dichloropropane)
      75569                                Propylene oxide
      75558         1,2-Propylenimine (2-Methyl aziridine)
      91225                                      Quinoline
     106514                                        Quinone
     100425                                        Styrene
      96093                                  Styrene oxide
    1746016            2,3,7,8-Tetrachlorodibenzo-p-dioxin
      79345                      1,1,2,2-Tetrachloroethane
     127184        Tetrachloroethylene (Perchloroethylene)
    7550450                         Titanium tetrachloride
     108883                                        Toluene
      95807                            2,4-Toluene diamine
     584849                       2,4-Toluene diisocyanate
      95534                                    o-Toluidine
    8001352               Toxaphene (chlorinated camphene)
     120821                         1,2,4-Trichlorobenzene
      79005                          1,1,2-Trichloroethane
      79016                              Trichloroethylene
      95954                          2,4,5-Trichlorophenol
      88062                          2,4,6-Trichlorophenol
     121448                                  Triethylamine
    1582098                                    Trifluralin
     540841                         2,2,4-Trimethylpentane
     108054                                  Vinyl acetate
     593602                                  Vinyl bromide
      75014                                 Vinyl chloride
      75354     Vinylidene chloride (1,1-Dichloroethylene)
    1330207                  Xylenes (isomers and mixture)
      95476                                      o-Xylenes
     108383                                      m-Xylenes
     106423                                      p-Xylenes
          0                             Antimony Compounds
          0 Arsenic Compounds (inorganic including arsine)
          0                            Beryllium Compounds
          0                              Cadmium Compounds
          0                             Chromium Compounds
          0                               Cobalt Compounds
          0                            Coke Oven Emissions
          0                           Cyanide Compounds 1
          0                               Glycol ethers 2
          0                                 Lead Compounds
          0                            Manganese Compounds
          0                              Mercury Compounds
          0                         Fine mineral fibers 3
          0                               Nickel Compounds
          0                    Polycylic Organic Matter 4
          0             Radionuclides (including radon) 5
          0                             Selenium Compounds
-----------------------------------------------------------
 NOTE: For all listings above which contain the word `compounds' and for glycol
 ethers, the following applies: Unless otherwise specified, these listings
 are defined as including any unique chemical substance that contains the
 named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's
 infrastructure.
 1 X'CN where X = H' or any other group where a formal dissociation may
 occur. For example KCN or Ca(CN)2
 2 Includes mono- and di- ethers of ethylene glycol, diethylene glycol,
 and triethylene glycol R-(OCH2CH2)n-OR' where
   n = 1, 2, or 3
   R = alkyl or aryl groups
   R' = R, H, or groups which, when removed, yield glycol ethers with the
   structure: R-(OCH2CH)n-OH. Polymers are excluded from the glycol category.
 3 Includes mineral fiber emissions from facilities manufacturing or
 processing glass, rock, or slag fibers (or other mineral derived fibers)
 of average diameter 1 micrometer or less.
 4 Includes organic compounds with more than one benzene ring, and which
 have a boiling point greater than or equal to 100«C.
 5 A type of atom which spontaneously undergoes radioactive decay.
 `(2) REVISION OF THE LIST- The Administrator shall periodically review the
 list established by this subsection and publish the results thereof and,
 where appropriate, revise such list by rule, adding pollutants which present,
 or may present, through inhalation or other routes of exposure, a threat
 of adverse human health effects (including, but not limited to, substances
 which are known to be, or may reasonably be anticipated to be, carcinogenic,
 mutagenic, teratogenic, neurotoxic, which cause reproductive dysfunction,
 or which are acutely or chronically toxic) or adverse environmental effects
 whether through ambient concentrations, bioaccumulation, deposition, or
 otherwise, but not including releases subject to regulation under subsection
 (r) as a result of emissions to the air.  No air pollutant which is listed
 under section 108(a) may be added to the list under this section, except
 that the prohibition of this sentence shall not apply to any pollutant
 which independently meets the listing criteria of this paragraph and is a
 precursor to a pollutant which is listed under section 108(a) or to any
 pollutant which is in a class of pollutants listed under such section.
 No substance, practice, process or activity regulated under title VI of
 this Act shall be subject to regulation under this section solely due to
 its adverse effects on the environment.
 `(3) Petitions to modify the list-
 `(A) Beginning at any time after 6 months after the date of enactment of the
 Clean Air Act Amendments of 1990, any person may petition the Administrator
 to modify the list of hazardous air pollutants under this subsection by
 adding or deleting a substance or, in case of listed pollutants without
 CAS numbers (other than coke oven emissions, mineral fibers, or polycyclic
 organic matter) removing certain unique substances.  Within 18 months
 after receipt of a petition, the Administrator shall either grant or deny
 the petition by publishing a written explanation of the reasons for the
 Administrator's decision.  Any such petition shall include a showing by
 the petitioner that there is adequate data on the health or environmental
 defects of the pollutant or other evidence adequate to support the petition.
 The Administrator may not deny a petition solely on the basis of inadequate
 resources or time for review.
 `(B) The Administrator shall add a substance to the list upon a showing
 by the petitioner or on the Administrator's own determination that the
 substance is an air pollutant and that emissions, ambient concentrations,
 bioaccumulation or deposition of the substance are known to cause or may
 reasonably be anticipated to cause adverse effects to human health or
 adverse environmental effects.
 `(C) The Administrator shall delete a substance from the list upon a showing
 by the petitioner or on the Administrator's own determination that there
 is adequate data on the health and environmental effects of the substance
 to determine that emissions, ambient concentrations, bioaccumulation or
 deposition of the substance may not reasonably be anticipated to cause any
 adverse effects to the human health or adverse environmental effects.
 `(D) The Administrator shall delete one or more unique chemical substances
 that contain a listed hazardous air pollutant not having a CAS number
 (other than coke oven emissions, mineral fibers, or polycyclic organic
 matter) upon a showing by the petitioner or on the Administrator's own
 determination that such unique chemical substances that contain the
 named chemical of such listed hazardous air pollutant meet the deletion
 requirements of subparagraph (C).  The Administrator must grant or deny a
 deletion petition prior to promulgating any emission standards pursuant to
 subsection (d) applicable to any source category or subcategory of a listed
 hazardous air pollutant without a CAS number listed under subsection (b)
 for which a deletion petition has been filed within 12 months of the date
 of enactment of the Clean Air Act Amendments of 1990.
 `(4) FURTHER INFORMATION- If the Administrator determines that information
 on the health or environmental effects of a substance is not sufficient
 to make a determination required by this subsection, the Administrator may
 use any authority available to the Administrator to acquire such information.
 `(5) TEST METHODS- The Administrator may establish, by rule, test measures
 and other analytic procedures for monitoring and measuring emissions, ambient
 concentrations, deposition, and bioaccumulation of hazardous air pollutants.
 `(6) PREVENTION OF SIGNIFICANT DETERIORATION- The provisions of part C
 (prevention of significant deterioration) shall not apply to pollutants
 listed under this section.
 `(7) LEAD- The Administrator may not list elemental lead as a hazardous
 air pollutant under this subsection.
 `(c) LIST OF SOURCE CATEGORIES-
 `(1) IN GENERAL- Not later than 12 months after the date of enactment of
 the Clean Air Act Amendments of 1990, the Administrator shall publish,
 and shall from time to time, but no less often than every 8 years, revise,
 if appropriate, in response to public comment or new information, a list of
 all categories and subcategories of major sources and area sources (listed
 under paragraph (3)) of the air pollutants listed pursuant to subsection
 (b).  To the extent practicable, the categories and subcategories listed
 under this subsection shall be consistent with the list of source categories
 established pursuant to section 111 and part C.  Nothing in the preceding
 sentence limits the Administrator's authority to establish subcategories
 under this section, as appropriate.
 `(2) REQUIREMENT FOR EMISSIONS STANDARDS- For the categories and
 subcategories the Administrator lists, the Administrator shall establish
 emissions standards under subsection (d), according to the schedule in this
 subsection and subsection (e).
 `(3) AREA SOURCES- The Administrator shall list under this subsection each
 category or subcategory of area sources which the Administrator finds
 presents a threat of adverse effects to human health or the environment
 (by such sources individually or in the aggregate) warranting regulation
 under this section.  The Administrator shall, not later than 5 years after
 the date of enactment of the Clean Air Act Amendments of 1990 and pursuant
 to subsection (k)(3)(B), list, based on actual or estimated aggregate
 emissions of a listed pollutant or pollutants, sufficient categories or
 subcategories of area sources to ensure that area sources representing 90
 percent of the area source emissions of the 30 hazardous air pollutants
 that present the greatest threat to public health in the largest number of
 urban areas are subject to regulation under this section. Such regulations
 shall be promulgated not later than 10 years after such date of enactment.
 `(4) PREVIOUSLY REGULATED CATEGORIES- The Administrator may, in the
 Administrator's discretion, list any category or subcategory of sources
 previously regulated under this section as in effect before the date of
 enactment of the Clean Air Act Amendments of 1990.
 `(5) ADDITIONAL CATEGORIES- In addition to those categories and subcategories
 of sources listed for regulation pursuant to paragraphs (1) and (3), the
 Administrator may at any time list additional categories and subcategories
 of sources of hazardous air pollutants according to the same criteria for
 listing applicable under such paragraphs.  In the case of source categories
 and subcategories listed after publication of the initial list required
 under paragraph (1) or (3), emission standards under subsection (d) for the
 category or subcategory shall be promulgated within 10 years after the date
 of enactment of the Clean Air Act Amendments of 1990, or within 2 years after
 the date on which such category or subcategory is listed, whichever is later.
 `(6) SPECIFIC POLLUTANTS- With respect to alkylated lead compounds, polycyclic
 organic matter, hexachlorobenzene, mercury, polychlorinated biphenyls,
 2,3,7,8-tetrachlorodibenzofurans and 2,3,7,8-tetrachlorodibenzo-p-dioxin,
 the Administrator shall, not later than 5 years after the date of enactment
 of the Clean Air Act Amendments of 1990, list categories and subcategories
 of sources assuring that sources accounting for not less than 90 per centum
 of the aggregate emissions of each such pollutant are subject to standards
 under subsection (d)(2) or (d)(4).  Such standards shall be promulgated not
 later than 10 years after such date of enactment.  This paragraph shall not
 be construed to require the Administrator to promulgate standards for such
 pollutants emitted by electric utility steam generating units.
 `(7) RESEARCH FACILITIES- The Administrator shall establish a separate
 category covering research or laboratory facilities, as necessary to assure
 the equitable treatment of such facilities.  For purposes of this section,
 `research or laboratory facility' means any stationary source whose primary
 purpose is to conduct research and development into new processes and
 products, where such source is operated under the close supervision of
 technically trained personnel and is not engaged in the manufacture of
 products for commercial sale in commerce, except in a de minimis manner.
 `(8) BOAT MANUFACTURING- When establishing emissions standards for styrene,
 the Administrator shall list boat manufacturing as a separate subcategory
 unless the Administrator finds that such listing would be inconsistent with
 the goals and requirements of this Act.
 `(9) DELETIONS FROM THE LIST-
 `(A) Where the sole reason for the inclusion of a source category on the
 list required under this subsection is the emission of a unique chemical
 substance, the Administrator shall delete the source category from the list
 if it is appropriate because of action taken under either subparagraphs
 (C) or (D) of subsection (b)(3).
 `(B) The Administrator may delete any source category from the list under
 this subsection, on petition of any person or on the Administrator's own
 motion, whenever the Administrator makes the following determination or
 determinations, as applicable:
 `(i) In the case of hazardous air pollutants emitted by sources in the
 category that may result in cancer in humans, a determination that no
 source in the category (or group of sources in the case of area sources)
 emits such hazardous air pollutants in quantities which may cause a lifetime
 risk of cancer greater than one in one million to the individual in the
 population who is most exposed to emissions of such pollutants from the
 source (or group of sources in the case of area sources).
 `(ii) In the case of hazardous air pollutants that may result in adverse
 health effects in humans other than cancer or adverse environmental effects,
 a determination that emissions from no source in the category or subcategory
 concerned (or group of sources in the case of area sources) exceed a level
 which is adequate to protect public health with an ample margin of safety and
 no adverse environmental effect will result from emissions from any source
 (or from a group of sources in the case of area sources).
The Administrator shall grant or deny a petition under this paragraph within
1 year after the petition is filed.
 `(d) Emission standards-
 `(1) IN GENERAL- The Administrator shall promulgate regulations establishing
 emission standards for each category or subcategory of major sources and
 area sources of hazardous air pollutants listed for regulation pursuant to
 subsection (c) in accordance with the schedules provided in subsections
 (c) and (e).  The Administrator may distinguish among classes, types,
 and sizes of sources within a category or subcategory in establishing such
 standards except that, there shall be no delay in the compliance date for
 any standard applicable to any source under subsection (i) as the result
 of the authority provided by this sentence.
 `(2) STANDARDS AND METHODS- Emissions standards promulgated under this
 subsection and applicable to new or existing sources of hazardous air
 pollutants shall require the maximum degree of reduction in emissions of the
 hazardous air pollutants subject to this section (including a prohibition
 on such emissions, where achievable) that the Administrator, taking into
 consideration the cost of achieving such emission reduction, and any non-air
 quality health and environmental impacts and energy requirements, determines
 is achievable for new or existing sources in the category or subcategory
 to which such emission standard applies, through application of measures,
 processes, methods, systems or techniques including, but not limited to,
 measures which--
 `(A) reduce the volume of, or eliminate emissions of, such pollutants
 through process changes, substitution of materials or other modifications,
 `(B) enclose systems or processes to eliminate emissions,
 `(C) collect, capture or treat such pollutants when released from a process,
 stack, storage or fugitive emissions point,
 `(D) are design, equipment, work practice, or operational standards (including
 requirements for operator training or certification) as provided in subsection
 (h), or
 `(E) are a combination of the above.
None of the measures described in subparagraphs (A) through (D) shall,
consistent with the provisions of section 114(c), in any way compromise any
United States patent or United States trademark right, or any confidential
business information, or any trade secret or any other intellectual property
right.
 `(3) NEW AND EXISTING SOURCES- The maximum degree of reduction in emissions
 that is deemed achievable for new sources in a category or subcategory shall
 not be less stringent than the emission control that is achieved in practice
 by the best controlled similar source, as determined by the Administrator.
 Emission standards promulgated under this subsection for existing sources
 in a category or subcategory may be less stringent than standards for new
 sources in the same category or subcategory but shall not be less stringent,
 and may be more stringent than--
 `(A) the average emission limitation achieved by the best performing 12
 percent of the existing sources (for which the Administrator has emissions
 information), excluding those sources that have, within 18 months before
 the emission standard is proposed or within 30 months before such standard
 is promulgated, whichever is later, first achieved a level of emission
 rate or emission reduction which complies, or would comply if the source
 is not subject to such standard, with the lowest achievable emission rate
 (as defined by section 171) applicable to the source category and prevailing
 at the time, in the category or subcategory for categories and subcategories
 with 30 or more sources, or
 `(B) the average emission limitation achieved by the best performing
 5 sources (for which the Administrator has or could reasonably obtain
 emissions information) in the category or subcategory for categories or
 subcategories with fewer than 30 sources.
 `(4) HEALTH THRESHOLD- With respect to pollutants for which a health threshold
 has been established, the Administrator may consider such threshold level,
 with an ample margin of safety, when establishing emission standards under
 this subsection.
 `(5) ALTERNATIVE STANDARD FOR AREA SOURCES- With respect only to categories
 and subcategories of area sources listed pursuant to subsection (c), the
 Administrator may, in lieu of the authorities provided in paragraph (2) and
 subsection (f), elect to promulgate standards or requirements applicable
 to sources in such categories or subcategories which provide for the use
 of generally available control technologies or management practices by such
 sources to reduce emissions of hazardous air pollutants.
 `(6) REVIEW AND REVISION- The Administrator shall review, and revise as
 necessary (taking into account developments in practices, processes, and
 control technologies), emission standards promulgated under this section
 no less often than every 8 years.
 `(7) OTHER REQUIREMENTS PRESERVED- No emission standard or other requirement
 promulgated under this section shall be interpreted, construed or applied to
 diminish or replace the requirements of a more stringent emission limitation
 or other applicable requirement established pursuant to section 111, part C or
 D, or other authority of this Act or a standard issued under State authority.
 `(8) Coke Ovens-
 `(A) Not later than December 31, 1992, the Administrator shall promulgate
 regulations establishing emission standards under paragraphs (2) and (3)
 of this subsection for coke oven batteries. In establishing such standards,
 the Administrator shall evaluate--
 `(i) the use of sodium silicate (or equivalent) luting compounds to
 prevent door leaks, and other operating practices and technologies for
 their effectiveness in reducing coke oven emissions, and their suitability
 for use on new and existing coke oven batteries, taking into account costs
 and reasonable commercial door warranties; and
 `(ii) as a basis for emission standards under this subsection for new coke
 oven batteries that begin construction after the date of proposal of such
 standards, the Jewell design Thompson non-recovery coke oven batteries and
 other non-recovery coke oven technologies, and other appropriate emission
 control and coke production technologies, as to their effectiveness in
 reducing coke oven emissions and their capability for production of steel
 quality coke.
Such regulations shall require at a minimum that coke oven batteries will
not exceed 8 per centum leaking doors, 1 per centum leaking lids, 5 per
centum leaking offtakes, and 16 seconds visible emissions per charge, with no
exclusion for emissions during the period after the closing of self-sealing
oven doors.  Notwithstanding subsection (i), the compliance date for such
emission standards for existing coke oven batteries shall be December 31, 1995.
 `(B) The Administrator shall promulgate work practice regulations under
 this subsection for coke oven batteries requiring, as appropriate--
 `(i) the use of sodium silicate (or equivalent) luting compounds, if the
 Administrator determines that use of sodium silicate is an effective means
 of emissions control and is achievable, taking into account costs and
 reasonable commercial warranties for doors and related equipment; and
 `(ii) door and jam cleaning practices.
Notwithstanding subsection (i), the compliance date for such work practice
regulations for coke oven batteries shall be not later than the date 3 years
after the date of enactment of the Clean Air Act Amendments of 1990.
 `(C) For coke oven batteries electing to qualify for an extension of the
 compliance date for standards promulgated under subsection (f) in accordance
 with subsection (i)(8), the emission standards under this subsection for coke
 oven batteries shall require that coke oven batteries not exceed 8 per centum
 leaking doors, 1 per centum leaking lids, 5 per centum leaking offtakes,
 and 16 seconds visible emissions per charge, with no exclusion for emissions
 during the period after the closing of self-sealing doors. Notwithstanding
 subsection (i), the compliance date for such emission standards for existing
 coke oven batteries seeking an extension shall be not later than the date
 3 years after the date of enactment of the Clean Air Act Amendments of 1990.
 `(9) SOURCES LICENSED BY THE NUCLEAR REGULATORY COMMISSION- No standard for
 radionuclide emissions from any category or subcategory of facilities licensed
 by the Nuclear Regulatory Commission (or an Agreement State) is required to
 be promulgated under this section if the Administrator determines, by rule,
 and after consultation with the Nuclear Regulatory Commission, that the
 regulatory program established by the Nuclear Regulatory Commission pursuant
 to the Atomic Energy Act for such category or subcategory provides an ample
 margin of safety to protect the public health.  Nothing in this subsection
 shall preclude or deny the right of any State or political subdivision
 thereof to adopt or enforce any standard or limitation respecting emissions
 of radionuclides which is more stringent than the standard or limitation
 in effect under section 111 or this section.
 `(10) EFFECTIVE DATE- Emission standards or other regulations promulgated
 under this subsection shall be effective upon promulgation.
 `(e) Schedule for standards and review-
 `(1) IN GENERAL- The Administrator shall promulgate regulations establishing
 emission standards for categories and subcategories of sources initially
 listed for regulation pursuant to subsection (c)(1) as expeditiously as
 practicable, assuring that--
 `(A) emission standards for not less than 40 categories and subcategories
 (not counting coke oven batteries) shall be promulgated not later than 2
 years after the date of enactment of the Clean Air Act Amendments of 1990;
 `(B) emission standards for coke oven batteries shall be promulgated not
 later than December 31, 1992;
 `(C) emission standards for 25 per centum of the listed categories and
 subcategories shall be promulgated not later than 4 years after the date
 of enactment of the Clean Air Act Amendments of 1990;
 `(D) emission standards for an additional 25 per centum of the listed
 categories and subcategories shall be promulgated not later than 7 years
 after the date of enactment of the Clean Air Act Amendments of 1990; and
 `(E) emission standards for all categories and subcategories shall be
 promulgated not later than 10 years after the date of enactment of the
 Clean Air Act Amendments of 1990.
 `(2) In determining priorities for promulgating standards under subsection
 (d), the Administrator shall consider--
 `(A) the known or anticipated adverse effects of such pollutants on public
 health and the environment;
 `(B) the quantity and location of emissions or reasonably anticipated
 emissions of hazardous air pollutants that each category or subcategory
 will emit; and
 `(C) the efficiency of grouping categories or subcategories according to
 the pollutants emitted, or the processes or technologies used.
 `(3) PUBLISHED SCHEDULE- Not later than 24 months after the date of enactment
 of the Clean Air Act Amendments of 1990 and after opportunity for comment,
 the Administrator shall publish a schedule establishing a date for the
 promulgation of emission standards for each category and subcategory of
 sources listed pursuant to subsection (c)(1) and (3) which shall be consistent
 with the requirements of paragraphs (1) and (2).  The determination of
 priorities for the promulgation of standards pursuant to this paragraph is
 not a rulemaking and shall not be subject to judicial review, except that,
 failure to promulgate any standard pursuant to the schedule established by
 this paragraph shall be subject to review under section 304 of this Act.
 `(4) JUDICIAL REVIEW- Notwithstanding section 307 of this Act, no action
 of the Administrator adding a pollutant to the list under subsection (b)
 or listing a source category or subcategory under subsection (c) shall
 be a final agency action subject to judicial review, except that any such
 action may be reviewed under such section 307 when the Administrator issues
 emission standards for such pollutant or category.
 `(5) PUBLICLY OWNED TREATMENT WORKS- The Administrator shall promulgate
 standards pursuant to subsection (d) applicable to publicly owned treatment
 works (as defined in title II of the Federal Water Pollution Control Act)
 not later than 5 years after the date of enactment of the Clean Air Act
 Amendments of 1990.
 `(f) STANDARD TO PROTECT HEALTH AND THE ENVIRONMENT-
 `(1) REPORT- Not later than 6 years after the date of enactment of the Clean
 Air Act Amendments of 1990 the Administrator shall investigate and report,
 after consultation with the Surgeon General and after opportunity for public
 comment, to Congress on--
 `(A) methods of calculating the risk to public health remaining, or likely
 to remain, from sources subject to regulation under this section after the
 application of standards under subsection (d);
 `(B) the public health significance of such estimated remaining risk and
 the technologically and commercially available methods and costs of reducing
 such risks;
 `(C) the actual health effects with respect to persons living in the
 vicinity of sources, any available epidemiological or other health studies,
 risks presented by background concentrations of hazardous air pollutants,
 any uncertainties in risk assessment methodology or other health assessment
 technique, and any negative health or environmental consequences to the
 community of efforts to reduce such risks; and
 `(D) recommendations as to legislation regarding such remaining risk.
 `(2) Emission standards-
 `(A) If Congress does not act on any recommendation submitted under paragraph
 (1), the Administrator shall, within 8 years after promulgation of standards
 for each category or subcategory of sources pursuant to subsection (d),
 promulgate standards for such category or subcategory if promulgation of
 such standards is required in order to provide an ample margin of safety to
 protect public health in accordance with this section (as in effect before
 the date of enactment of the Clean Air Act Amendments of 1990) or to prevent,
 taking into consideration costs, energy, safety, and other relevant factors,
 an adverse environmental effect.  Emission standards promulgated under
 this subsection shall provide an ample margin of safety to protect public
 health in accordance with this section (as in effect before the date of
 enactment of the Clean Air Act Amendments of 1990), unless the Administrator
 determines that a more stringent standard is necessary to prevent, taking into
 consideration costs, energy, safety, and other relevant factors, an adverse
 environmental effect.  If standards promulgated pursuant to subsection (d)
 and applicable to a category or subcategory of sources emitting a pollutant
 (or pollutants) classified as a known, probable or possible human carcinogen
 do not reduce lifetime excess cancer risks to the individual most exposed
 to emissions from a source in the category or subcategory to less than one
 in one million, the Administrator shall promulgate standards under this
 subsection for such source category.
 `(B) Nothing in subparagraph (A) or in any other provision of this
 section shall be construed as affecting, or applying to the Administrator's
 interpretation of this section, as in effect before the date of enactment of
 the Clean Air Act Amendments of 1990 and set forth in the Federal Register
 of September 14, 1989 (54 Federal Register 38044).
 `(C) The Administrator shall determine whether or not to promulgate such
 standards and, if the Administrator decides to promulgate such standards,
 shall promulgate the standards 8 years after promulgation of the standards
 under subsection (d) for each source category or subcategory concerned.
 In the case of categories or subcategories for which standards under
 subsection (d) are required to be promulgated within 2 years after the date
 of enactment of the Clean Air Act Amendments of 1990, the Administrator
 shall have 9 years after promulgation of the standards under subsection (d)
 to make the determination under the preceding sentence and, if required,
 to promulgate the standards under this paragraph.
 `(3) EFFECTIVE DATE- Any emission standard established pursuant to this
 subsection shall become effective upon promulgation.
 `(4) PROHIBITION- No air pollutant to which a standard under this subsection
 applies may be emitted from any stationary source in violation of such
 standard, except that in the case of an existing source--
 `(A) such standard shall not apply until 90 days after its effective date, and
 `(B) the Administrator may grant a waiver permitting such source a period
 of up to 2 years after the effective date of a standard to comply with the
 standard if the Administrator finds that such period is necessary for the
 installation of controls and that steps will be taken during the period
 of the waiver to assure that the health of persons will be protected from
 imminent endangerment.
 `(5) AREA SOURCES- The Administrator shall not be required to conduct
 any review under this subsection or promulgate emission limitations under
 this subsection for any category or subcategory of area sources that is
 listed pursuant to subsection (c)(3) and for which an emission standard is
 promulgated pursuant to subsection (d)(5).
 `(6) UNIQUE CHEMICAL SUBSTANCES- In establishing standards for the control of
 unique chemical substances of listed pollutants without CAS numbers under
 this subsection, the Administrator shall establish such standards with
 respect to the health and environmental effects of the substances actually
 emitted by sources and direct transformation byproducts of such emissions
 in the categories and subcategories.
 `(g) Modifications-
 `(1) Offsets-
 `(A) A physical change in, or change in the method of operation of, a major
 source which results in a greater than de minimis increase in actual emissions
 of a hazardous air pollutant shall not be considered a modification, if such
 increase in the quantity of actual emissions of any hazardous air pollutant
 from such source will be offset by an equal or greater decrease in the
 quantity of emissions of another hazardous air pollutant (or pollutants)
 from such source which is deemed more hazardous, pursuant to guidance
 issued by the Administrator under subparagraph (B).  The owner or operator
 of such source shall submit a showing to the Administrator (or the State)
 that such increase has been offset under the preceding sentence.
 `(B) The Administrator shall, after notice and opportunity for comment and
 not later than 18 months after the date of enactment of the Clean Air Act
 Amendments of 1990, publish guidance with respect to implementation of this
 subsection.  Such guidance shall include an identification, to the extent
 practicable, of the relative hazard to human health resulting from emissions
 to the ambient air of each of the pollutants listed under subsection (b)
 sufficient to facilitate the offset showing authorized by subparagraph (A).
 Such guidance shall not authorize offsets between pollutants where the
 increased pollutant (or more than one pollutant in a stream of pollutants)
 causes adverse effects to human health for which no safety threshold for
 exposure can be determined unless there are corresponding decreases in such
 types of pollutant(s).
 `(2) Construction, reconstruction and modifications-
 `(A) After the effective date of a permit program under title V in any
 State, no person may modify a major source of hazardous air pollutants
 in such State, unless the Administrator (or the State) determines that
 the maximum achievable control technology emission limitation under this
 section for existing sources will be met.  Such determination shall be made
 on a case-by-case basis where no applicable emissions limitations have been
 established by the Administrator.
 `(B) After the effective date of a permit program under title V in any
 State, no person may construct or reconstruct any major source of hazardous
 air pollutants, unless the Administrator (or the State) determines that
 the maximum achievable control technology emission limitation under this
 section for new sources will be met.  Such determination shall be made on
 a case-by-case basis where no applicable emission limitations have been
 established by the Administrator.
 `(3) PROCEDURES FOR MODIFICATIONS- The Administrator (or the State) shall
 establish reasonable procedures for assuring that the requirements applying
 to modifications under this section are reflected in the permit.
 `(h) Work Practice Standards and Other Requirements-
 `(1) IN GENERAL- For purposes of this section, if it is not feasible in the
 judgment of the Administrator to prescribe or enforce an emission standard
 for control of a hazardous air pollutant or pollutants, the Administrator
 may, in lieu thereof, promulgate a design, equipment, work practice, or
 operational standard, or combination thereof, which in the Administrator's
 judgment is consistent with the provisions of subsection (d) or (f).  In the
 event the Administrator promulgates a design or equipment standard under
 this subsection, the Administrator shall include as part of such standard
 such requirements as will assure the proper operation and maintenance of
 any such element of design or equipment.
 `(2) DEFINITION- For the purpose of this subsection, the phrase `not feasible
 to prescribe or enforce an emission standard' means any situation in which
 the Administrator determines that--
 `(A) a hazardous air pollutant or pollutants cannot be emitted through a
 conveyance designed and constructed to emit or capture such pollutant, or
 that any requirement for, or use of, such a conveyance would be inconsistent
 with any Federal, State or local law, or
 `(B) the application of measurement methodology to a particular class of
 sources is not practicable due to technological and economic limitations.
 `(3) ALTERNATIVE STANDARD- If after notice and opportunity for comment,
 the owner or operator of any source establishes to the satisfaction of the
 Administrator that an alternative means of emission limitation will achieve
 a reduction in emissions of any air pollutant at least equivalent to the
 reduction in emissions of such pollutant achieved under the requirements of
 paragraph (1), the Administrator shall permit the use of such alternative
 by the source for purposes of compliance with this section with respect to
 such pollutant.
 `(4) NUMERICAL STANDARD REQUIRED- Any standard promulgated under paragraph
 (1) shall be promulgated in terms of an emission standard whenever it is
 feasible to promulgate and enforce a standard in such terms.
 `(i) Schedule for Compliance-
 `(1) PRECONSTRUCTION AND OPERATING REQUIREMENTS- After the effective date of
 any emission standard, limitation, or regulation under subsection (d), (f) or
 (h), no person may construct any new major source or reconstruct any existing
 major source subject to such emission standard, regulation or limitation
 unless the Administrator (or a State with a permit program approved under
 title V) determines that such source, if properly constructed, reconstructed
 and operated, will comply with the standard, regulation or limitation.
 `(2) SPECIAL RULE- Notwithstanding the requirements of paragraph (1), a
 new source which commences construction or reconstruction after a standard,
 limitation or regulation applicable to such source is proposed and before
 such standard, limitation or regulation is promulgated shall not be required
 to comply with such promulgated standard until the date 3 years after the
 date of promulgation if--
 `(A) the promulgated standard, limitation or regulation is more stringent
 than the standard, limitation or regulation proposed; and
 `(B) the source complies with the standard, limitation, or regulation as
 proposed during the 3-year period immediately after promulgation.
 `(3) Compliance schedule for existing sources-
 `(A) After the effective date of any emissions standard, limitation or
 regulation promulgated under this section and applicable to a source, no
 person may operate such source in violation of such standard, limitation
 or regulation except, in the case of an existing source, the Administrator
 shall establish a compliance date or dates for each category or subcategory
 of existing sources, which shall provide for compliance as expeditiously as
 practicable, but in no event later than 3 years after the effective date
 of such standard, except as provided in subparagraph (B) and paragraphs
 (4) through (8).
 `(B) The Administrator (or a State with a program approved under title V)
 may issue a permit that grants an extension permitting an existing source
 up to 1 additional year to comply with standards under subsection (d)
 if such additional period is necessary for the installation of controls.
 An additional extension of up to 3 years may be added for mining waste
 operations, if the 4-year compliance time is insufficient to dry and cover
 mining waste in order to reduce emissions of any pollutant listed under
 subsection (b).
 `(4) PRESIDENTIAL EXEMPTION- The President may exempt any stationary source
 from compliance with any standard or limitation under this section for
 a period of not more than 2 years if the President determines that the
 technology to implement such standard is not available and that it is in
 the national security interests of the United States to do so.  An exemption
 under this paragraph may be extended for 1 or more additional periods, each
 period not to exceed 2 years.  The President shall report to Congress with
 respect to each exemption (or extension thereof) made under this paragraph.
 `(5) Early reduction-
 `(A) The Administrator (or a State acting pursuant to a permit program
 approved under title V) shall issue a permit allowing an existing source,
 for which the owner or operator demonstrates that the source has achieved a
 reduction of 90 per centum or more in emissions of hazardous air pollutants
 (95 per centum in the case of hazardous air pollutants which are particulates)
 from the source, to meet an alternative emission limitation reflecting such
 reduction in lieu of an emission limitation promulgated under subsection
 (d) for a period of 6 years from the compliance date for the otherwise
 applicable standard, provided that such reduction is achieved before the
 otherwise applicable standard under subsection (d) is first proposed.
 Nothing in this paragraph shall preclude a State from requiring reductions
 in excess of those specified in this subparagraph as a condition of granting
 the extension authorized by the previous sentence.
 `(B) An existing source which achieves the reduction referred to in
 subparagraph (A) after the proposal of an applicable standard but before
 January 1, 1994, may qualify under subparagraph (A), if the source makes
 an enforceable commitment to achieve such reduction before the proposal of
 the standard.  Such commitment shall be enforceable to the same extent as
 a regulation under this section.
 `(C) The reduction shall be determined with respect to verifiable and actual
 emissions in a base year not earlier than calendar year 1987, provided that,
 there is no evidence that emissions in the base year are artificially or
 substantially greater than emissions in other years prior to implementation
 of emissions reduction measures.  The Administrator may allow a source to
 use a baseline year of 1985 or 1986 provided that the source can demonstrate
 to the satisfaction of the Administrator that emissions data for the source
 reflects verifiable data based on information for such source, received by
 the Administrator prior to the enactment of the Clean Air Act Amendments
 of 1990, pursuant to an information request issued under section 114.
 `(D) For each source granted an alternative emission limitation under this
 paragraph there shall be established by a permit issued pursuant to title V
 an enforceable emission limitation for hazardous air pollutants reflecting
 the reduction which qualifies the source for an alternative emission
 limitation under this paragraph.  An alternative emission limitation
 under this paragraph shall not be available with respect to standards or
 requirements promulgated pursuant to subsection (f) and the Administrator
 shall, for the purpose of determining whether a standard under subsection (f)
 is necessary, review emissions from sources granted an alternative emission
 limitation under this paragraph at the same time that other sources in the
 category or subcategory are reviewed.
 `(E) With respect to pollutants for which high risks of adverse public health
 effects may be associated with exposure to small quantities including,
 but not limited to, chlorinated dioxins and furans, the Administrator
 shall by regulation limit the use of offsetting reductions in emissions
 of other hazardous air pollutants from the source as counting toward the
 90 per centum reduction in such high-risk pollutants qualifying for an
 alternative emissions limitation under this paragraph.
 `(6) OTHER REDUCTIONS- Notwithstanding the requirements of this section,
 no existing source that has installed--
 `(A) best available control technology (as defined in section 169(3)), or
 `(B) technology required to meet a lowest achievable emission rate (as
 defined in section 171),
prior to the promulgation of a standard under this section applicable to such
source and the same pollutant (or stream of pollutants) controlled pursuant
to an action described in subparagraph (A) or (B) shall be required to comply
with such standard under this section until the date 5 years after the date
on which such installation or reduction has been achieved, as determined by
the Administrator.  The Administrator may issue such rules and guidance as
are necessary to implement this paragraph.
 `(7) EXTENSION FOR NEW SOURCES- A source for which construction or
 reconstruction is commenced after the date an emission standard applicable
 to such source is proposed pursuant to subsection (d) but before the date
 an emission standard applicable to such source is proposed pursuant to
 subsection (f) shall not be required to comply with the emission standard
 under subsection (f) until the date 10 years after the date construction
 or reconstruction is commenced.
 `(8) Coke ovens.
 `(A) Any coke oven battery that complies with the emission limitations
 established under subsection (d)(8)(C), subparagraph (B), and subparagraph
 (C), and complies with the provisions of subparagraph (E), shall not be
 required to achieve emission limitations promulgated under subsection (f)
 until January 1, 2020.
 `(B)(i) Not later than December 31, 1992, the Administrator shall
 promulgate emission limitations for coke oven emissions from coke oven
 batteries. Notwithstanding paragraph (3) of this subsection, the compliance
 date for such emission limitations for existing coke oven batteries shall
 be January 1, 1998. Such emission limitations shall reflect the lowest
 achievable emission rate as defined in section 171 for a coke oven battery
 that is rebuilt or a replacement at a coke oven plant for an existing
 battery. Such emission limitations shall be no less stringent than--
 `(I) 3 per centum leaking doors (5 per centum leaking doors for six meter
 batteries);
 `(II) 1 per centum leaking lids;
 `(III) 4 per centum leaking offtakes; and
 `(IV) 16 seconds visible emissions per charge,
with an exclusion for emissions during the period after the closing of
self-sealing oven doors (or the total mass emissions equivalent). The
rulemaking in which such emission limitations are promulgated shall also
establish an appropriate measurement methodology for determining compliance
with such emission limitations, and shall establish such emission limitations
in terms of an equivalent level of mass emissions reduction from a coke oven
battery, unless the Administrator finds that such a mass emissions standard
would not be practicable or enforceable. Such measurement methodology, to the
extent it measures leaking doors, shall take into consideration alternative
test methods that reflect the best technology and practices actually applied
in the affected industries, and shall assure that the final test methods
are consistent with the performance of such best technology and practices.
 `(ii) If the Administrator fails to promulgate such emission limitations
 under this subparagraph prior to the effective date of such emission
 limitations, the emission limitations applicable to coke oven batteries
 under this subparagraph shall be--
 `(I) 3 per centum leaking doors (5 per centum leaking doors for six meter
 batteries);
 `(II) 1 per centum leaking lids;
 `(III) 4 per centum leaking offtakes; and
 `(IV) 16 seconds visible emissions per charge,
or the total mass emissions equivalent (if the total mass emissions equivalent
is determined to be practicable and enforceable), with no exclusion for
emissions during the period after the closing of self-sealing oven doors.
 `(C) Not later than January 1, 2007, the Administrator shall review
 the emission limitations promulgated under subparagraph (B) and revise,
 as necessary, such emission limitations to reflect the lowest achievable
 emission rate as defined in section 171 at the time for a coke oven battery
 that is rebuilt or a replacement at a coke oven plant for an existing battery.
 Such emission limitations shall be no less stringent than the emission
 limitation promulgated under subparagraph (B).  Notwithstanding paragraph
 (2) of this subsection, the compliance date for such emission limitations
 for existing coke oven batteries shall be January 1, 2010.
 `(D) At any time prior to January 1, 1998, the owner or operator of
 any coke oven battery may elect to comply with emission limitations
 promulgated under subsection (f) by the date such emission limitations
 would otherwise apply to such coke oven battery, in lieu of the emission
 limitations and the compliance dates provided under subparagraphs (B) and
 (C) of this paragraph.  Any such owner or operator shall be legally bound
 to comply with such emission limitations promulgated under subsection (f)
 with respect to such coke oven battery as of January 1, 2003.  If no such
 emission limitations have been promulgated for such coke oven battery,
 the Administrator shall promulgate such emission limitations in accordance
 with subsection (f) for such coke oven battery.
 `(E) Coke oven batteries qualifying for an extension under subparagraph
 (A) shall make available not later than January 1, 2000, to the surrounding
 communities the results of any risk assessment performed by the Administrator
 to determine the appropriate level of any emission standard established by
 the Administrator pursuant to subsection (f).
 `(F) Notwithstanding the provisions of this section, reconstruction of
 any source of coke oven emissions qualifying for an extension under this
 paragraph shall not subject such source to emission limitations under
 subsection (f) more stringent than those established under subparagraphs
 (B) and (C) until January 1, 2020.  For the purposes of this subparagraph,
 the term `reconstruction' includes the replacement of existing coke oven
 battery capacity with new coke oven batteries of comparable or lower capacity
 and lower potential emissions.
 `(j) Equivalent Emission Limitation by Permit-
 `(1) EFFECTIVE DATE- The requirements of this subsection shall apply in
 each State beginning on the effective date of a permit program established
 pursuant to title V in such State, but not prior to the date 42 months
 after the date of enactment of the Clean Air Act Amendments of 1990.
 `(2) FAILURE TO PROMULGATE A STANDARD- In the event that the Administrator
 fails to promulgate a standard for a category or subcategory of major sources
 by the date established pursuant to subsection (e)(1) and (3), and beginning
 18 months after such date (but not prior to the effective date of a permit
 program under title V), the owner or operator of any major source in such
 category or subcategory shall submit a permit application under paragraph
 (3) and such owner or operator shall also comply with paragraphs (5) and (6).
 `(3) APPLICATIONS- By the date established by paragraph (2), the owner
 or operator of a major source subject to this subsection shall file an
 application for a permit.  If the owner or operator of a source has submitted
 a timely and complete application for a permit required by this subsection,
 any failure to have a permit shall not be a violation of paragraph (2),
 unless the delay in final action is due to the failure of the applicant to
 timely submit information required or requested to process the application.
 The Administrator shall not later than 18 months after the date of enactment
 of the Clean Air Act Amendments of 1990, and after notice and opportunity
 for comment, establish requirements for applications under this subsection
 including a standard application form and criteria for determining in a
 timely manner the completeness of applications.
 `(4) REVIEW AND APPROVAL- Permit applications submitted under this subsection
 shall be reviewed and approved or disapproved according to the provisions of
 section 505.  In the event that the Administrator (or the State) disapproves
 a permit application submitted under this subsection or determines that the
 application is incomplete, the applicant shall have up to 6 months to revise
 the application to meet the objections of the Administrator (or the State).
 `(5) EMISSION LIMITATION- The permit shall be issued pursuant to title V
 and shall contain emission limitations for the hazardous air pollutants
 subject to regulation under this section and emitted by the source that
 the Administrator (or the State) determines, on a case-by-case basis,
 to be equivalent to the limitation that would apply to such source if an
 emission standard had been promulgated in a timely manner under subsection
 (d).  In the alternative, if the applicable criteria are met, the permit
 may contain an emissions limitation established according to the provisions
 of subsection (i)(5). For purposes of the preceding sentence, the reduction
 required by subsection (i)(5)(A) shall be achieved by the date on which the
 relevant standard should have been promulgated under subsection (d). No such
 pollutant may be emitted in amounts exceeding an emission limitation contained
 in a permit immediately for new sources and, as expeditiously as practicable,
 but not later than the date 3 years after the permit is issued for existing
 sources or such other compliance date as would apply under subsection (i).
 `(6) APPLICABILITY OF SUBSEQUENT STANDARDS- If the Administrator promulgates
 an emission standard that is applicable to the major source prior to the
 date on which a permit application is approved, the emission limitation in
 the permit shall reflect the promulgated standard rather than the emission
 limitation determined pursuant to paragraph (5), provided that the source
 shall have the compliance period provided under subsection (i).  If the
 Administrator promulgates a standard under subsection (d) that would be
 applicable to the source in lieu of the emission limitation established by
 permit under this subsection after the date on which the permit has been
 issued, the Administrator (or the State) shall revise such permit upon
 the next renewal to reflect the standard promulgated by the Administrator
 providing such source a reasonable time to comply, but no longer than
 8 years after such standard is promulgated or 8 years after the date on
 which the source is first required to comply with the emissions limitation
 established by paragraph (5), whichever is earlier.
 `(k) Area Source Program-
 `(1) FINDINGS AND PURPOSE- The Congress finds that emissions of hazardous
 air pollutants from area sources may individually, or in the aggregate,
 present significant risks to public health in urban areas.  Considering the
 large number of persons exposed and the risks of carcinogenic and other
 adverse health effects from hazardous air pollutants, ambient concentrations
 characteristic of large urban areas should be reduced to levels substantially
 below those currently experienced.  It is the purpose of this subsection to
 achieve a substantial reduction in emissions of hazardous air pollutants
 from area sources and an equivalent reduction in the public health risks
 associated with such sources including a reduction of not less than 75 per
 centum in the incidence of cancer attributable to emissions from such sources.
 `(2) RESEARCH PROGRAM- The Administrator shall, after consultation with State
 and local air pollution control officials, conduct a program of research
 with respect to sources of hazardous air pollutants in urban areas and
 shall include within such program--
 `(A) ambient monitoring for a broad range of hazardous air pollutants
 (including, but not limited to, volatile organic compounds, metals, pesticides
 and products of incomplete combustion) in a representative number of urban
 locations;
 `(B) analysis to characterize the sources of such pollution with a focus on
 area sources and the contribution that such sources make to public health
 risks from hazardous air pollutants; and
 `(C) consideration of atmospheric transformation and other factors which
 can elevate public health risks from such pollutants.
Health effects considered under this program shall include, but not be
limited to, carcinogenicity, mutagenicity, teratogenicity, neurotoxicity,
reproductive dysfunction and other acute and chronic effects including the
role of such pollutants as precursors of ozone or acid aerosol formation.
The Administrator shall report the preliminary results of such research
not later than 3 years after the date of enactment of the Clean Air Act
Amendments of 1990.
 `(3) National strategy-
 `(A) Considering information collected pursuant to the monitoring program
 authorized by paragraph (2), the Administrator shall, not later than 5
 years after the date of enactment of the Clean Air Act Amendments of 1990
 and after notice and opportunity for public comment, prepare and transmit
 to the Congress a comprehensive strategy to control emissions of hazardous
 air pollutants from area sources in urban areas.
 `(B) The strategy shall--
 `(i) identify not less than 30 hazardous air pollutants which, as the result
 of emissions from area sources, present the greatest threat to public health
 in the largest number of urban areas and that are or will be listed pursuant
 to subsection (b), and
 `(ii) identify the source categories or subcategories emitting such pollutants
 that are or will be listed pursuant to subsection (c).  When identifying
 categories and subcategories of sources under this subparagraph, the
 Administrator shall assure that sources accounting for 90 per centum or
 more of the aggregate emissions of each of the 30 identified hazardous air
 pollutants are subject to standards pursuant to subsection (d).
 `(C) The strategy shall include a schedule of specific actions to
 substantially reduce the public health risks posed by the release of
 hazardous air pollutants from area sources that will be implemented by the
 Administrator under the authority of this or other laws (including, but
 not limited to, the Toxic Substances Control Act, the Federal Insecticide,
 Fungicide and Rodenticide Act and the Resource Conservation and Recovery Act)
 or by the States.  The strategy shall achieve a reduction in the incidence
 of cancer attributable to exposure to hazardous air pollutants emitted
 by stationary sources of not less than 75 per centum, considering control
 of emissions of hazardous air pollutants from all stationary sources and
 resulting from measures implemented by the Administrator or by the States
 under this or other laws.
 `(D) The strategy may also identify research needs in monitoring, analytical
 methodology, modeling or pollution control techniques and recommendations for
 changes in law that would further the goals and objectives of this subsection.
 `(E) Nothing in this subsection shall be interpreted to preclude or delay
 implementation of actions with respect to area sources of hazardous air
 pollutants under consideration pursuant to this or any other law and that
 may be promulgated before the strategy is prepared.
 `(F) The Administrator shall implement the strategy as expeditiously as
 practicable assuring that all sources are in compliance with all requirements
 not later than 9 years after the date of enactment of the Clean Air Act
 Amendments of 1990.
 `(G) As part of such strategy the Administrator shall provide for ambient
 monitoring and emissions modeling in urban areas as appropriate to demonstrate
 that the goals and objectives of the strategy are being met.
 `(4) AREAWIDE ACTIVITIES- In addition to the national urban air toxics
 strategy authorized by paragraph (3), the Administrator shall also encourage
 and support areawide strategies developed by State or local air pollution
 control agencies that are intended to reduce risks from emissions by area
 sources within a particular urban area.  From the funds available for grants
 under this section, the Administrator shall set aside not less than 10 per
 centum to support areawide strategies addressing hazardous air pollutants
 emitted by area sources and shall award such funds on a demonstration basis
 to those States with innovative and effective strategies.  At the request
 of State or local air pollution control officials, the Administrator shall
 prepare guidelines for control technologies or management practices which
 may be applicable to various categories or subcategories of area sources.
 `(5) REPORT- The Administrator shall report to the Congress at intervals
 not later than 8 and 12 years after the date of enactment of the Clean
 Air Act Amendments of 1990 on actions taken under this subsection and
 other parts of this Act to reduce the risk to public health posed by the
 release of hazardous air pollutants from area sources.  The reports shall
 also identify specific metropolitan areas that continue to experience high
 risks to public health as the result of emissions from area sources.
 `(l) State Programs-
 `(1) IN GENERAL- Each State may develop and submit to the Administrator for
 approval a program for the implementation and enforcement (including a review
 of enforcement delegations previously granted) of emission standards and other
 requirements for air pollutants subject to this section or requirements for
 the prevention and mitigation of accidental releases pursuant to subsection
 (r).  A program submitted by a State under this subsection may provide
 for partial or complete delegation of the Administrator's authorities and
 responsibilities to implement and enforce emissions standards and prevention
 requirements but shall not include authority to set standards less stringent
 than those promulgated by the Administrator under this Act.
 `(2) GUIDANCE- Not later than 12 months after the date of enactment of the
 Clean Air Act Amendments of 1990, the Administrator shall publish guidance
 that would be useful to the States in developing programs for submittal under
 this subsection.  The guidance shall also provide for the registration of all
 facilities producing, processing, handling or storing any substance listed
 pursuant to subsection (r) in amounts greater than the threshold quantity.
 The Administrator shall include as an element in such guidance an optional
 program begun in 1986 for the review of high-risk point sources of air
 pollutants including, but not limited to, hazardous air pollutants listed
 pursuant to subsection (b).
 `(3) TECHNICAL ASSISTANCE- The Administrator shall establish and maintain
 an air toxics clearinghouse and center to provide technical information
 and assistance to State and local agencies and, on a cost recovery basis,
 to others on control technology, health and ecological risk assessment,
 risk analysis, ambient monitoring and modeling, and emissions measurement
 and monitoring.  The Administrator shall use the authority of section 103
 to examine methods for preventing, measuring, and controlling emissions and
 evaluating associated health and ecological risks.  Where appropriate,
 such activity shall be conducted with not-for-profit organizations.
 The Administrator may conduct research on methods for preventing, measuring
 and controlling emissions and evaluating associated health and environment
 risks.  All information collected under this paragraph shall be available
 to the public.
 `(4) GRANTS- Upon application of a State, the Administrator may make grants,
 subject to such terms and conditions as the Administrator deems appropriate,
 to such State for the purpose of assisting the State in developing and
 implementing a program for submittal and approval under this subsection.
 Programs assisted under this paragraph may include program elements
 addressing air pollutants or extremely hazardous substances other than
 those specifically subject to this section.  Grants under this paragraph may
 include support for high-risk point source review as provided in paragraph
 (2) and support for the development and implementation of areawide area
 source programs pursuant to subsection (k).
 `(5) APPROVAL OR DISAPPROVAL- Not later than 180 days after receiving a
 program submitted by a State, and after notice and opportunity for public
 comment, the Administrator shall either approve or disapprove such program.
 The Administrator shall disapprove any program submitted by a State, if
 the Administrator determines that--
 `(A) the authorities contained in the program are not adequate to assure
 compliance by all sources within the State with each applicable standard,
 regulation or requirement established by the Administrator under this section;
 `(B) adequate authority does not exist, or adequate resources are not
 available, to implement the program;
 `(C) the schedule for implementing the program and assuring compliance by
 affected sources is not sufficiently expeditious; or
 `(D) the program is otherwise not in compliance with the guidance issued
 by the Administrator under paragraph (2) or is not likely to satisfy,
 in whole or in part, the objectives of this Act.
If the Administrator disapproves a State program, the Administrator shall
notify the State of any revisions or modifications necessary to obtain
approval.  The State may revise and resubmit the proposed program for review
and approval pursuant to the provisions of this subsection.
 `(6) WITHDRAWAL- Whenever the Administrator determines, after public hearing,
 that a State is not administering and enforcing a program approved pursuant
 to this subsection in accordance with the guidance published pursuant to
 paragraph (2) or the requirements of paragraph (5), the Administrator shall
 so notify the State and, if action which will assure prompt compliance
 is not taken within 90 days, the Administrator shall withdraw approval of
 the program.  The Administrator shall not withdraw approval of any program
 unless the State shall have been notified and the reasons for withdrawal
 shall have been stated in writing and made public.
 `(7) AUTHORITY TO ENFORCE- Nothing in this subsection shall prohibit the
 Administrator from enforcing any applicable emission standard or requirement
 under this section.
 `(8) LOCAL PROGRAM- The Administrator may, after notice and opportunity for
 public comment, approve a program developed and submitted by a local air
 pollution control agency (after consultation with the State) pursuant to
 this subsection and any such agency implementing an approved program may
 take any action authorized to be taken by a State under this section.
 `(9) PERMIT AUTHORITY- Nothing in this subsection shall affect the authorities
 and obligations of the Administrator or the State under title V.
 `(m) ATMOSPHERIC DEPOSITION TO GREAT LAKES AND COASTAL WATERS-
 `(1) DEPOSITION ASSESSMENT- The Administrator, in cooperation with the Under
 Secretary of Commerce for Oceans and Atmosphere, shall conduct a program to
 identify and assess the extent of atmospheric deposition of hazardous air
 pollutants (and in the discretion of the Administrator, other air pollutants)
 to the Great Lakes, the Chesapeake Bay, Lake Champlain and coastal waters.
 As part of such program, the Administrator shall--
 `(A) monitor the Great Lakes, the Chesapeake Bay, Lake Champlain and coastal
 waters, including monitoring of the Great Lakes through the monitoring network
 established pursuant to paragraph (2) of this subsection and designing and
 deploying an atmospheric monitoring network for coastal waters pursuant to
 paragraph (4);
 `(B) investigate the sources and deposition rates of atmospheric deposition
 of air pollutants (and their atmospheric transformation precursors);
 `(C) conduct research to develop and improve monitoring methods and to
 determine the relative contribution of atmospheric pollutants to total
 pollution loadings to the Great Lakes, the Chesapeake Bay, Lake Champlain,
 and coastal waters;
 `(D) evaluate any adverse effects to public health or the environment caused
 by such deposition (including effects resulting from indirect exposure
 pathways) and assess the contribution of such deposition to violations of
 water quality standards established pursuant to the Federal Water Pollution
 Control Act and drinking water standards established pursuant to the Safe
 Drinking Water Act; and
 `(E) sample for such pollutants in biota, fish, and wildlife of the Great
 Lakes, the Chesapeake Bay, Lake Champlain and coastal waters and characterize
 the sources of such pollutants.
 `(2) GREAT LAKES MONITORING NETWORK- The Administrator shall oversee,
 in accordance with Annex 15 of the Great Lakes Water Quality Agreement,
 the establishment and operation of a Great Lakes atmospheric deposition
 network to monitor atmospheric deposition of hazardous air pollutants (and
 in the Administrator's discretion, other air pollutants) to the Great Lakes.
 `(A) As part of the network provided for in  this paragraph, and not later
 than December 31, 1991, the Administrator shall establish in each of the
 5 Great Lakes at least 1 facility capable of monitoring the atmospheric
 deposition of hazardous air pollutants in both dry and wet conditions.
 `(B) The Administrator shall use the data provided by the network to identify
 and track the movement of hazardous air pollutants through the Great Lakes,
 to determine the portion of water pollution loadings attributable to
 atmospheric deposition of such pollutants, and to support development of
 remedial action plans and other management plans as required by the Great
 Lakes Water Quality Agreement.
 `(C) The Administrator shall assure that the data collected by the Great
 Lakes atmospheric deposition monitoring network is in a format compatible
 with databases sponsored by the International Joint Commission, Canada,
 and the several States of the Great Lakes region.
 `(3) MONITORING FOR THE CHESAPEAKE BAY AND LAKE CHAMPLAIN- The Administrator
 shall establish at the Chesapeake Bay and Lake Champlain atmospheric
 deposition stations to monitor deposition of hazardous air pollutants (and in
 the Administrator's discretion, other air pollutants) within the Chesapeake
 Bay and Lake Champlain watersheds.  The Administrator shall determine the
 role of air deposition in the pollutant loadings of the Chesapeake Bay
 and Lake Champlain, investigate the sources of air pollutants deposited
 in the watersheds, evaluate the health and environmental effects of such
 pollutant loadings, and shall sample such pollutants in biota, fish and
 wildlife within the watersheds, as necessary to characterize such effects.
 `(4) MONITORING FOR COASTAL WATERS- The Administrator shall design and deploy
 atmospheric deposition monitoring networks for coastal waters and their
 watersheds and shall make any information collected through such networks
 available to the public.  As part of this effort, the Administrator shall
 conduct research to develop and improve deposition monitoring methods,
 and to determine the relative contribution of atmospheric pollutants to
 pollutant loadings.  For purposes of this subsection, `coastal waters' shall
 mean estuaries selected pursuant to section 320(a)(2)(A) of the Federal
 Water Pollution Control Act or listed pursuant to section 320(a)(2)(B)
 of such Act or estuarine research reserves designated pursuant to section
 315 of the Coastal Zone Management Act (16 U.S.C. 1461).
 `(5) REPORT- Within 3 years of the date of enactment of the Clean Air
 Act Amendments of 1990 and biennially thereafter, the Administrator, in
 cooperation with the Under Secretary of Commerce for Oceans and Atmosphere,
 shall submit to the Congress a report on the results of any monitoring,
 studies, and investigations conducted pursuant to this subsection.
 Such report shall include, at a minimum, an assessment of--
 `(A) the contribution of atmospheric deposition to pollution loadings in
 the Great Lakes, the Chesapeake Bay, Lake Champlain and coastal waters;
 `(B) the environmental and public health effects of any pollution which is
 attributable to atmospheric deposition to the Great Lakes, the Chesapeake
 Bay, Lake Champlain and coastal waters;
 `(C) the source or sources of any pollution to the Great Lakes, the Chesapeake
 Bay, Lake Champlain and coastal waters which is attributable to atmospheric
 deposition;
 `(D) whether pollution loadings in the Great Lakes, the Chesapeake Bay,
 Lake Champlain or coastal waters cause or contribute to exceedances of
 drinking water standards pursuant to the Safe Drinking Water Act or water
 quality standards pursuant to the Federal Water Pollution Control Act or,
 with respect to the Great Lakes, exceedances of the specific objectives of
 the Great Lakes Water Quality Agreement; and
 `(E) a description of any revisions of the requirements, standards, and
 limitations pursuant to this Act and other applicable Federal laws as are
 necessary to assure protection of human health and the environment.
 `(6) ADDITIONAL REGULATION- As part of the report to Congress, the
 Administrator shall determine whether the other provisions of this section
 are adequate to prevent serious adverse effects to public health and serious
 or widespread environmental effects, including such effects resulting
 from indirect exposure pathways, associated with atmospheric deposition to
 the Great Lakes, the Chesapeake Bay, Lake Champlain and coastal waters of
 hazardous air pollutants (and their atmospheric transformation products).
 The Administrator shall take into consideration the tendency of such
 pollutants to bioaccumulate.  Within 5 years after the date of enactment
 of the Clean Air Act Amendments of 1990, the Administrator shall, based on
 such report and determination, promulgate, in accordance with this section,
 such further emission standards or control measures as may be necessary and
 appropriate to prevent such effects, including effects due to bioaccumulation
 and indirect exposure pathways.  Any requirements promulgated pursuant
 to this paragraph with respect to coastal waters shall only apply to the
 coastal waters of the States which are subject to section 328(a).
 `(n) Other provisions-
 `(1) ELECTRIC UTILITY STEAM GENERATING UNITS-
 `(A) The Administrator shall perform a study of the hazards to public
 health reasonably anticipated to occur as a result of emissions by electric
 utility steam generating units of pollutants listed under subsection (b)
 after imposition of the requirements of this Act.  The Administrator
 shall report the results of this study to the Congress within 3 years
 after the date of the enactment of the Clean Air Act Amendments of 1990.
 The Administrator shall develop and describe in the Administrator's report
 to Congress alternative control strategies for emissions which may warrant
 regulation under this section.  The Administrator shall regulate electric
 utility steam generating units under this section, if the Administrator
 finds such regulation is appropriate and necessary after considering the
 results of the study required by this subparagraph.
 `(B) The Administrator shall conduct, and transmit to the Congress not later
 than 4 years after the date of enactment of the Clean Air Act Amendments of
 1990, a study of mercury emissions from electric utility steam generating
 units, municipal waste combustion units, and other sources, including area
 sources.  Such study shall consider the rate and mass of such emissions,
 the health and environmental effects of such emissions, technologies which
 are available to control such emissions, and the costs of such technologies.
 `(C) The National Institute of Environmental Health Sciences shall conduct,
 and transmit to the Congress not later than 3 years after the date of
 enactment of the Clean Air Act Amendments of 1990, a study to determine
 the threshold level of mercury exposure below which adverse human health
 effects are not expected to occur.  Such study shall include a threshold
 for mercury concentrations in the tissue of fish which may be consumed
 (including consumption by sensitive populations) without adverse effects
 to public health.
 `(2) COKE OVEN PRODUCTION TECHNOLOGY STUDY-
 `(A) The Secretary of the Department of Energy and the Administrator shall
 jointly undertake a 6-year study to assess coke oven production emission
 control technologies and to assist in the development and commercialization
 of technically practicable and economically viable control technologies
 which have the potential to significantly reduce emissions of hazardous air
 pollutants from coke oven production facilities.  In identifying control
 technologies, the Secretary and the Administrator shall consider the range
 of existing coke oven operations and battery design and the availability
 of sources of materials for such coke ovens as well as alternatives to
 existing coke oven production design.
 `(B) The Secretary and the Administrator are authorized to enter into
 agreements with persons who propose to develop, install and operate coke
 production emission control technologies which have the potential for
 significant emissions reductions of hazardous air pollutants provided that
 Federal funds shall not exceed 50 per centum of the cost of any project
 assisted pursuant to this paragraph.
 `(C) The Secretary shall prepare annual reports to Congress on the status
 of the research program and at the completion of the study shall make
 recommendations to the Administrator identifying practicable and economically
 viable control technologies for coke oven production facilities to reduce
 residual risks remaining after implementation of the standard under subsection
 (d).
 `(D) There are authorized to be appropriated $5,000,000 for each of the fiscal
 years 1992 through 1997 to carry out the program authorized by this paragraph.
 `(3) PUBLICLY OWNED TREATMENT WORKS- The Administrator may conduct, in
 cooperation with the owners and operators of publicly owned treatment works,
 studies to characterize emissions of hazardous air pollutants emitted by such
 facilities, to identify industrial, commercial and residential discharges
 that contribute to such emissions and to demonstrate control measures for
 such emissions.  When promulgating any standard under this section applicable
 to publicly owned treatment works, the Administrator may provide for control
 measures that include pretreatment of discharges causing emissions of
 hazardous air pollutants and process or product substitutions or limitations
 that may be effective in reducing such emissions.  The Administrator may
 prescribe uniform sampling, modeling and risk assessment methods for use
 in implementing this subsection.
 `(4) Oil and gas wells; pipeline facilities-
 `(A) Notwithstanding the provisions of subsection (a), emissions from any
 oil or gas exploration or production well (with its associated equipment)
 and emissions from any pipeline compressor or pump station shall not be
 aggregated with emissions from other similar units, whether or not such
 units are in a contiguous area or under common control, to determine
 whether such units or stations are major sources, and in the case of any
 oil or gas exploration or production well (with its associated equipment),
 such emissions shall not be aggregated for any purpose under this section.
 `(B) The Administrator shall not list oil and gas production wells (with
 its associated equipment) as an area source category under subsection (c),
 except that the Administrator may establish an area source category for oil
 and gas production wells located in any metropolitan statistical area or
 consolidated metropolitan statistical area with a population in excess of
 1 million, if the Administrator determines that emissions of hazardous air
 pollutants from such wells present more than a negligible risk of adverse
 effects to public health.
 `(5) HYDROGEN SULFIDE- The Administrator is directed to assess the hazards to
 public health and the environment resulting from the emission of hydrogen
 sulfide associated with the extraction of oil and natural gas resources.
 To the extent practicable, the assessment shall build upon and not
 duplicate work conducted for an assessment pursuant to section 8002(m)
 of the Solid Waste Disposal Act and shall reflect consultation with
 the States.  The assessment shall include a review of existing State and
 industry control standards, techniques and enforcement.  The Administrator
 shall report to the Congress within 24 months after the date of enactment of
 the Clean Air Act Amendments of 1990 with the findings of such assessment,
 together with any recommendations, and shall, as appropriate, develop and
 implement a control strategy for emissions of hydrogen sulfide to protect
 human health and the environment, based on the findings of such assessment,
 using authorities under this Act including sections 111 and this section.
 `(6) HYDROFLUORIC ACID- Not later than 2 years after the date of enactment
 of the Clean Air Act Amendments of 1990, the Administrator shall, for
 those regions of the country which do not have comprehensive health and
 safety regulations with respect to hydrofluoric acid, complete a study of
 the potential hazards of hydrofluoric acid and the uses of hydrofluoric
 acid in industrial and commercial applications to public health and the
 environment considering a range of events including worst-case accidental
 releases and shall make recommendations to the Congress for the reduction
 of such hazards, if appropriate.
 `(7) RCRA FACILITIES- In the case of any category or subcategory of sources
 the air emissions of which are regulated under subtitle C of the Solid Waste
 Disposal Act, the Administrator shall take into account any regulations of
 such emissions which are promulgated under such subtitle and shall, to the
 maximum extent practicable and consistent with the provisions of this section,
 ensure that the requirements of such subtitle and this section are consistent.
 `(o) National Academy of Sciences Study-
 `(1) REQUEST OF THE ACADEMY- Within 3 months of the date of enactment of
 the Clean Air Act Amendments of 1990, the Administrator shall enter into
 appropriate arrangements with the National Academy of Sciences to conduct
 a review of--
 `(A) risk assessment methodology used by the Environmental Protection Agency
 to determine the carcinogenic risk associated with exposure to hazardous
 air pollutants from source categories and subcategories subject to the
 requirements of this section; and
 `(B) improvements in such methodology.
 `(2) ELEMENTS TO BE STUDIED- In conducting such review, the National Academy
 of Sciences should consider, but not be limited to, the following--
 `(A) the techniques used for estimating and describing the carcinogenic
 potency to humans of hazardous air pollutants; and
 `(B) the techniques used for estimating exposure to hazardous air pollutants
 (for hypothetical and actual maximally exposed individuals as well as other
 exposed individuals).
 `(3) OTHER HEALTH EFFECTS OF CONCERN- To the extent practicable, the Academy
 shall evaluate and report on the methodology for assessing the risk of
 adverse human health effects other than cancer for which safe thresholds of
 exposure may not exist, including, but not limited to, inheritable genetic
 mutations, birth defects, and reproductive dysfunctions.
 `(4) REPORT- A report on the results of such review shall be submitted to
 the Senate Committee on Environment and Public Works, the House Committee
 on Energy and Commerce, the Risk Assessment and Management Commission
 established by section 303 of the Clean Air Act Amendments of 1990 and the
 Administrator not later than 30 months after the date of enactment of the
 Clean Air Act Amendments of 1990.
 `(5) ASSISTANCE- The Administrator shall assist the Academy in gathering
 any information the Academy deems necessary to carry out this subsection.
 The Administrator may use any authority under this Act to obtain information
 from any person, and to require any person to conduct tests, keep and produce
 records, and make reports respecting research or other activities conducted
 by such person as necessary to carry out this subsection.
 `(6) AUTHORIZATION- Of the funds authorized to be appropriated to the
 Administrator by this Act, such amounts as are required shall be available
 to carry out this subsection.
 `(7) GUIDELINES FOR CARCINOGENIC RISK ASSESSMENT- The Administrator shall
 consider, but need not adopt, the recommendations contained in the report
 of the National Academy of Sciences prepared pursuant to this subsection
 and the views of the Science Advisory Board, with respect to such report.
 Prior to the promulgation of any standard under subsection (f), and after
 notice and opportunity for comment, the Administrator shall publish revised
 Guidelines for Carcinogenic Risk Assessment or a detailed explanation of the
 reasons that any recommendations contained in the report of the National
 Academy of Sciences will not be implemented.  The publication of such
 revised Guidelines shall be a final Agency action for purposes of section 307.
 `(p) Mickey Leland Urban Air Toxics Research Center-
 `(1) ESTABLISHMENT- The Administrator shall oversee the establishment of a
 National Urban Air Toxics Research Center, to be located at a university,
 a hospital, or other facility capable of undertaking and maintaining similar
 research capabilities in the areas of epidemiology, oncology, toxicology,
 pulmonary medicine, pathology, and biostatistics. The center shall be
 known as the Mickey Leland National Urban Air Toxics Research Center. The
 geographic site of the National Urban Air Toxics Research Center should be
 further directed to Harris County, Texas, in order to take full advantage
 of the well developed scientific community presence on-site at the Texas
 Medical Center as well as the extensive data previously compiled for the
 comprehensive monitoring system currently in place.
 `(2) BOARD OF DIRECTORS- The National Urban Air Toxics Research Center
 shall be governed by a Board of Directors to be comprised of 9 members, the
 appointment of which shall be allocated pro rata among the Speaker of the
 House, the Majority Leader of the Senate and the President. The members of
 the Board of Directors shall be selected based on their respective academic
 and professional backgrounds and expertise in matters relating to public
 health, environmental pollution and industrial hygiene. The duties of the
 Board of Directors shall be to determine policy and research guidelines,
 submit views from center sponsors and the public and issue periodic reports
 of center findings and activities.
 `(3) SCIENTIFIC ADVISORY PANEL- The Board of Directors shall be advised by
 a Scientific Advisory Panel, the 13 members of which shall be appointed by
 the Board, and to include eminent members of the scientific and medical
 communities. The Panel membership may include scientists with relevant
 experience from the National Institute of Environmental Health Sciences,
 the Center for Disease Control, the Environmental Protection Agency, the
 National Cancer Institute, and others, and the Panel shall conduct peer
 review and evaluate research results. The Panel shall assist the Board
 in developing the research agenda, reviewing proposals and applications,
 and advise on the awarding of research grants.
 `(4) FUNDING- The center shall be established and funded with both Federal
 and private source funds.
 (q) SAVINGS PROVISION-
 `(1) STANDARDS PREVIOUSLY PROMULGATED- Any standard under this section
 in effect before the date of enactment of the Clean Air Act Amendments of
 1990 shall remain in force and effect after such date unless modified as
 provided in this section before the date of enactment of such Amendments or
 under such Amendments. Except as provided in paragraph (4), any standard
 under this section which has been promulgated, but has not taken effect,
 before such date shall not be affected by such Amendments unless modified as
 provided in this section before such date or under such Amendments. Each such
 standard shall be reviewed and, if appropriate, revised, to comply with the
 requirements of subsection (d) within 10 years after the date of enactment
 of the Clean Air Act Amendments of 1990. If a timely petition for review of
 any such standard under section 307 is pending on such date of enactment,
 the standard shall be upheld if it complies with this section as in effect
 before that date. If any such standard is remanded to the Administrator,
 the Administrator may in the Administrator's discretion apply either the
 requirements of this section, or those of this section as in effect before
 the date of enactment of the Clean Air Act Amendments of 1990.
 `(2) SPECIAL RULE- Notwithstanding paragraph (1), no standard shall be
 established under this section, as amended by the Clean Air Act Amendments
 of 1990, for radionuclide emissions from (A) elemental phosphorous plants,
 (B) grate calcination elemental phosphorous plants, (C) phosphogypsum stacks,
 or (D) any subcategory of the foregoing.  This section, as in effect prior
 to the date of enactment of the Clean Air Act Amendments of 1990, shall
 remain in effect for radionuclide emissions from such plants and stacks.
 `(3) OTHER CATEGORIES- Notwithstanding paragraph (1), this section, as in
 effect prior to the date of enactment of the Clean Air Act Amendments of
 1990, shall remain in effect for radionuclide emissions from non-Department
 of Energy Federal facilities that are not licensed by the Nuclear Regulatory
 Commission, coal-fired utility and industrial boilers, underground uranium
 mines, surface uranium mines, and disposal of uranium mill tailings piles,
 unless the Administrator, in the Administrator's discretion, applies the
 requirements of this section as modified by the Clean Air Act Amendments
 of 1990 to such sources of radionuclides.
 `(4) MEDICAL FACILITIES- Notwithstanding paragraph (1), no standard
 promulgated under this section prior to the date of enactment of the Clean
 Air Act Amendments of 1990 with respect to medical research or treatment
 facilities shall take effect for two years following the date of enactment
 of the Clean Air Act Amendments of 1990, unless the Administrator makes a
 determination pursuant to a rulemaking under section 112(d)(9).  If the
 Administrator determines that the regulatory program established by the
 Nuclear Regulatory Commission for such facilities does not provide an ample
 margin of safety to protect public health, the requirements of section 112
 shall fully apply to such facilities.  If the Administrator determines that
 such regulatory program does provide an ample margin of safety to protect
 the public health, the Administrator is not required to promulgate a standard
 under this section for such facilities, as provided in section 112(d)(9).
 `(r) Prevention of Accidental Releases-
 `(1) PURPOSE AND GENERAL DUTY- It shall be the objective of the regulations
 and programs authorized under this subsection to prevent the accidental
 release and to minimize the consequences of any such release of any substance
 listed pursuant to paragraph (3) or any other extremely hazardous substance.
 The owners and operators of stationary sources producing, processing,
 handling or storing such substances have a general duty in the same manner
 and to the same extent as section 654, title 29 of the United States Code,
 to identify hazards which may result from such releases using appropriate
 hazard assessment techniques, to design and maintain a safe facility
 taking such steps as are necessary to prevent releases, and to minimize
 the consequences of accidental releases which do occur.  For purposes of
 this paragraph, the provisions of section 304 shall not be available to
 any person or otherwise be construed to be applicable to this paragraph.
 Nothing in this section shall be interpreted, construed, implied or applied
 to create any liability or basis for suit for compensation for bodily injury
 or any other injury or property damages to any person which may result from
 accidental releases of such substances.
 `(2) Definitions-
 `(A) The term `accidental release' means an unanticipated emission of a
 regulated substance or other extremely hazardous substance into the ambient
 air from a stationary source.
 `(B) The term `regulated substance' means a substance listed under paragraph
 (3).
 `(C) The term `stationary source' means any buildings, structures, equipment,
 installations or substance emitting stationary activities (i) which belong to
 the same industrial group, (ii) which are located on one or more contiguous
 properties, (iii) which are under the control of the same person (or persons
 under common control), and (iv) from which an accidental release may occur.
 `(3) LIST OF SUBSTANCES- The Administrator shall promulgate not later
 than 24 months after enactment of the Clean Air Act Amendments of 1990 an
 initial list of 100 substances which, in the case of an accidental release,
 are known to cause or may reasonably be anticipated to cause death, injury,
 or serious adverse effects to human health or the environment.  For purposes
 of promulgating such list, the Administrator shall use, but is not limited
 to, the list of extremely hazardous substances published under the Emergency
 Planning and Community Right-to-Know Act of 1986, with such modifications
 as the Administrator deems appropriate.  The initial list shall include
 chlorine, anhydrous ammonia, methyl chloride, ethylene oxide, vinyl chloride,
 methyl isocyanate, hydrogen cyanide, ammonia, hydrogen sulfide, toluene
 diisocyanate, phosgene, bromine, anhydrous hydrogen chloride, hydrogen
 fluoride, anhydrous sulfur dioxide, and sulfur trioxide.  The initial
 list shall include at least 100 substances which pose the greatest risk
 of causing death, injury, or serious adverse effects to human health or
 the environment from accidental releases.  Regulations establishing the
 list shall include an explanation of the basis for establishing the list.
 The list may be revised from time to time by the Administrator on the
 Administrator's own motion or by petition and shall be reviewed at least
 every 5 years.  No air pollutant for which a national primary ambient air
 quality standard has been established shall be included on any such list.
 No substance, practice, process, or activity regulated under title VI shall
 be subject to regulations under this subsection.  The Administrator shall
 establish procedures for the addition and deletion of substances from the
 list established under this paragraph consistent with those applicable to
 the list in subsection (b).
 `(4) FACTORS TO BE CONSIDERED- In listing substances under paragraph (3),
 the Administrator shall consider each of the following criteria--
 `(A) the severity of any acute adverse health effects associated with
 accidental releases of the substance;
 `(B) the likelihood of accidental releases of the substance; and
 `(C) the potential magnitude of human exposure to accidental releases of
 the substance.
 `(5) THRESHOLD QUANTITY- At the time any substance is listed pursuant
 to paragraph (3), the Administrator shall establish by rule, a threshold
 quantity for the substance, taking into account the toxicity, reactivity,
 volatility, dispersibility, combustibility, or flammability of the substance
 and the amount of the substance which, as a result of an accidental release,
 is known to cause or may reasonably be anticipated to cause death, injury or
 serious adverse effects to human health for which the substance was listed.
 The Administrator is authorized to establish a greater threshold quantity for,
 or to exempt entirely, any substance that is a nutrient used in agriculture
 when held by a farmer.
 `(6) Chemical safety board-
 `(A) There is hereby established an independent safety board to be known
 as the Chemical Safety and Hazard Investigation Board.
 `(B) The Board shall consist of 5 members, including a Chairperson, who
 shall be appointed by the President, by and with the advice and consent of
 the Senate.  Members of the Board shall be appointed on the basis of technical
 qualification, professional standing, and demonstrated knowledge in the fields
 of accident reconstruction, safety engineering, human factors, toxicology,
 or air pollution regulation.  The terms of office of members of the Board
 shall be 5 years.  Any member of the Board, including the Chairperson,
 may be removed for inefficiency, neglect of duty, or malfeasance in office.
 The Chairperson shall be the Chief Executive Officer of the Board and shall
 exercise the executive and administrative functions of the Board.
 `(C) The Board shall--
 `(i) investigate (or cause to be investigated), determine and report to
 the public in writing the facts, conditions, and circumstances and the
 cause or probable cause of any accidental release resulting in a fatality,
 serious injury or substantial property damages;
 `(ii) issue periodic reports to the Congress, Federal, State and local
 agencies, including the Environmental Protection Agency and the Occupational
 Safety and Health Administration, concerned with the safety of chemical
 production, processing, handling and storage, and other interested persons
 recommending measures to reduce the likelihood or the consequences of
 accidental releases and proposing corrective steps to make chemical
 production, processing, handling and storage as safe and free from risk
 of injury as is possible and may include in such reports proposed rules
 or orders which should be issued by the Administrator under the authority
 of this section or the Secretary of Labor under the Occupational Safety
 and Health Act to prevent or minimize the consequences of any release of
 substances that may cause death, injury or other serious adverse effects on
 human health or substantial property damage as the result of an accidental
 release; and
 `(iii) establish by regulation requirements binding on persons for
 reporting accidental releases into the ambient air subject to the Board's
 investigatory jurisdiction.  Reporting releases to the National Response
 Center, in lieu of the Board directly, shall satisfy such regulations.
 The National Response Center shall promptly notify the Board of any releases
 which are within the Board's jurisdiction.
 `(D) The Board may utilize the expertise and experience of other agencies.
 `(E) The Board shall coordinate its activities with investigations and studies
 conducted by other agencies of the United States having a responsibility to
 protect public health and safety.  The Board shall enter into a memorandum
 of understanding with the National Transportation Safety Board to assure
 coordination of functions and to limit duplication of activities which shall
 designate the National Transportation Safety Board as the lead agency for
 the investigation of releases which are transportation related.  The Board
 shall not be authorized to investigate marine oil spills, which the National
 Transportation Safety Board is authorized to investigate.  The Board shall
 enter into a memorandum of understanding with the Occupational Safety and
 Health Administration so as to limit duplication of activities.  In no
 event shall the Board forego an investigation where an accidental release
 causes a fatality or serious injury among the general public, or had the
 potential to cause substantial property damage or a number of deaths or
 injuries among the general public.
 `(F) The Board is authorized to conduct research and studies with respect to
 the potential for accidental releases, whether or not an accidental release
 has occurred, where there is evidence which indicates the presence of a
 potential hazard or hazards. To the extent practicable, the Board shall
 conduct such studies in cooperation with other Federal agencies having
 emergency response authorities, State and local governmental agencies
 and associations and organizations from the industrial, commercial, and
 nonprofit sectors.
 `(G) No part of the conclusions, findings, or recommendations of the Board
 relating to any accidental release or the investigation thereof shall be
 admitted as evidence or used in any action or suit for damages arising out
 of any matter mentioned in such report.
 `(H) Not later than 18 months after the date of enactment of the Clean
 Air Act Amendments of 1990, the Board shall publish a report accompanied
 by recommendations to the Administrator on the use of hazard assessments
 in preventing the occurrence and minimizing the consequences of accidental
 releases of extremely hazardous substances. The recommendations shall include
 a list of extremely hazardous substances which are not regulated substances
 (including threshold quantities for such substances) and categories of
 stationary sources for which hazard assessments would be an appropriate
 measure to aid in the prevention of accidental releases and to minimize
 the consequences of those releases that do occur. The recommendations shall
 also include a description of the information and analysis which would be
 appropriate to include  in any hazard assessment.  The Board shall also make
 recommendations with respect to the role of risk management plans as required
 by paragraph (8)(B) in preventing accidental releases. The Board may from
 time to time review and revise its recommendations under this subparagraph.
 `(I) Whenever the Board submits a recommendation with respect to accidental
 releases to the Administrator, the  Administrator shall respond to such
 recommendation formally and in writing not later than 180 days after receipt
 thereof. The response to the Board's recommendation by the Administrator
 shall indicate whether the Administrator will--
 `(i) initiate a rulemaking or issue such orders as are necessary to implement
 the recommendation in full or in part, pursuant to any timetable contained
 in the recommendation;
 `(ii) decline to initiate a rulemaking or issue orders as recommended.
Any determination by the Administrator not to implement a recommendation
of the Board or to implement a recommendation only in part, including
any variation from the schedule contained in the recommendation, shall be
accompanied by a statement from the Administrator setting forth the reasons
for such determination.
 `(J) The Board may make recommendations with respect to accidental releases
 to the Secretary of Labor.  Whenever the Board submits such recommendation,
 the Secretary shall respond to such recommendation formally and in writing
 not later than 180 days after receipt thereof.  The response to the Board's
 recommendation by the Administrator shall indicate whether the Secretary
 will--
 `(i) initiate a rulemaking or issue such orders as are necessary to implement
 the recommendation in full or in part, pursuant to any timetable contained
 in the recommendation;
 `(ii) decline to initiate a rulemaking or issue orders as recommended.
Any determination by the Secretary not to implement a recommendation or to
implement a recommendation only in part, including any variation from the
schedule contained in the recommendation, shall be accompanied by a statement
from the Secretary setting forth the reasons for such determination.
 `(K) Within 2 years after enactment of the Clean Air Act Amendments of 1990,
 the Board shall issue a report to the Administrator of the Environmental
 Protection Agency and to the Administrator of the Occupational Safety
 and Health Administration recommending the adoption of regulations for
 the preparation of risk management plans and general requirements for the
 prevention of accidental releases of regulated substances into the ambient
 air (including recommendations for listing substances under paragraph (3))
 and for the mitigation of the potential adverse effect on human health or the
 environment as a result of accidental releases which should be applicable
 to any stationary source handling any regulated substance in more than
 threshold amounts.  The Board may include proposed rules or orders which
 should be issued by the Administrator under authority of this subsection
 or by the Secretary of Labor under the Occupational Safety and Health Act.
 Any such recommendations shall be specific and shall identify the regulated
 substance or class of regulated substances (or other substances) to which the
 recommendations apply.  The Administrator shall consider such recommendations
 before promulgating regulations required by paragraph (7)(B).
 `(L) The Board, or upon authority of the Board, any member thereof, any
 administrative law judge employed by or assigned to the Board, or any
 officer or employee duly designated by the Board, may for the purpose of
 carrying out duties authorized by subparagraph (C)--
 `(i) hold such hearings, sit and act at such times and places, administer
 such oaths, and require by subpoena or otherwise attendance and testimony
 of such witnesses and the production of evidence and may require by order
 that any person engaged in the production, processing, handling, or storage
 of extremely hazardous substances submit written reports and responses to
 requests and questions within such time and in such form as the Board may
 require; and
 `(ii) upon presenting appropriate credentials and a written notice of
 inspection authority, enter any property where an accidental release causing
 a fatality, serious injury or substantial property damage has occurred
 and do all things therein necessary for a proper investigation pursuant to
 subparagraph (C) and inspect at reasonable times records, files, papers,
 processes, controls, and facilities and take such samples as are relevant
 to such investigation.
Whenever the Administrator or the Board conducts an inspection of a facility
pursuant to this subsection, employees and their representatives shall
have the same rights to participate in such inspections as provided in the
Occupational Safety and Health Act.
 `(M) In addition to that described in subparagraph (L), the Board may use
 any information gathering authority of the Administrator under this Act,
 including the subpoena power provided in section 307(a)(1) of this Act.
 `(N) The Board is authorized to establish such procedural and administrative
 rules as are necessary to the exercise of its functions and duties.
 The Board is authorized without regard to section 5 of title 41 of the
 United States Code to enter into contracts, leases, cooperative agreements
 or other transactions as may be necessary in the conduct of the duties and
 functions of the Board with any other agency, institution, or person.
 `(O) After the effective date of any reporting requirement promulgated
 pursuant to subparagraph (C)(iii) it shall be unlawful for any person to fail
 to report any release of any extremely hazardous substance as required by
 such subparagraph.  The Administrator is authorized to enforce any regulation
 or requirements established by the Board pursuant to subparagraph (C)(iii)
 using the authorities of sections 113 and 114.  Any request for information
 from the owner or operator of a stationary source made by the Board or by the
 Administrator under this section shall be treated, for purposes of sections
 113, 114, 116, 120, 303, 304 and 307 and any other enforcement provisions
 of this Act, as a request made by the Administrator under section 114 and
 may be enforced by the Chairperson of the Board or by the Administrator as
 provided in such section.
 `(P) The Administrator shall provide to the Board such support and facilities
 as may be necessary for operation of the Board.
 `(Q) Consistent with subsection (G) and section 114(c) any records,
 reports or information obtained by the Board shall be available to the
 Administrator, the Secretary of Labor, the Congress and the public, except
 that upon a showing satisfactory to the Board by any person that records,
 reports, or information, or particular part thereof (other than release or
 emissions data) to which the Board has access, if made public, is likely
 to cause substantial harm to the person's competitive position, the Board
 shall consider such record, report, or information or particular portion
 thereof confidential in accordance with section 1905 of title 18 of the
 United States Code, except that such record, report, or information may
 be disclosed to other officers, employees, and authorized representatives
 of the United States concerned with carrying out this Act or when relevant
 under any proceeding under this Act.  This subparagraph does not constitute
 authority to withhold records, reports, or information from the Congress.
 `(R) Whenever the Board submits or transmits any budget estimate, budget
 request, supplemental budget request, or other budget information, legislative
 recommendation, prepared testimony for congressional hearings, recommendation
 or study to the President, the Secretary of Labor, the Administrator, or
 the Director of the Office of Management and Budget, it shall concurrently
 transmit a copy thereof to the Congress.  No report of the Board shall
 be subject to review by the Administrator or any Federal agency or to
 judicial review in any court.  No officer or agency of the United States
 shall have authority to require the Board to submit its budget requests
 or estimates, legislative recommendations, prepared testimony, comments,
 recommendations or reports to any officer or agency of the United States
 for approval or review prior to the submission of such recommendations,
 testimony, comments or reports to the Congress.  In the performance of their
 functions as established by this Act, the members, officers and employees of
 the Board shall not be responsible to or subject to supervision or direction,
 in carrying out any duties under this subsection, of any officer or employee
 or agent of the Environmental Protection Agency, the Department of Labor or
 any other agency of the United States except that the President may remove any
 member, officer or employee of the Board for inefficiency, neglect of duty or
 malfeasance in office.  Nothing in this section shall affect the application
 of title 5, United States Code to officers or employees of the Board.
 `(S) The Board shall submit an annual report to the President and to the
 Congress which shall include, but not be limited to, information on accidental
 releases which have been investigated by or reported to the Board during the
 previous year, recommendations for legislative or administrative action which
 the Board has made, the actions which have been taken by the Administrator
 or the Secretary of Labor or the heads of other agencies to implement such
 recommendations, an identification of priorities for study and investigation
 in the succeeding year, progress in the development of risk-reduction
 technologies and the response to and implementation of significant research
 findings on chemical safety in the public and private sector.
 `(7) Accident prevention-
 `(A) In order to prevent accidental releases of regulated substances, the
 Administrator is authorized to promulgate release prevention, detection,
 and correction requirements which may include monitoring, record-keeping,
 reporting, training, vapor recovery, secondary containment, and other
 design, equipment, work practice, and operational requirements.  Regulations
 promulgated under this paragraph may make distinctions between various
 types, classes, and kinds of facilities, devices and systems taking into
 consideration factors including, but not limited to, the size, location,
 process, process controls, quantity of substances handled, potency of
 substances, and response capabilities present at any stationary source.
 Regulations promulgated pursuant to this subparagraph shall have an effective
 date, as determined by the Administrator, assuring compliance as expeditiously
 as practicable.
 `(B)(i) Within 3 years after the date of enactment of the Clean Air Act
 Amendments of 1990, the Administrator shall promulgate reasonable regulations
 and appropriate guidance to provide, to the greatest extent practicable, for
 the prevention and detection of accidental releases of regulated substances
 and for response to such releases by the owners or operators of the sources
 of such releases.  The Administrator shall utilize the expertise of the
 Secretaries of Transportation and Labor in promulgating such regulations.
 As appropriate, such regulations shall cover the use, operation, repair,
 replacement, and maintenance of equipment to monitor, detect, inspect,
 and control such releases, including training of persons in the use and
 maintenance of such equipment and in the conduct of periodic inspections.
 The regulations shall include procedures and measures for emergency response
 after an accidental release of a regulated substance in order to protect human
 health and the environment.  The regulations shall cover storage, as well
 as operations.  The regulations shall, as appropriate, recognize differences
 in size, operations, processes, class and categories of sources and the
 voluntary actions of such sources to prevent such releases and respond to
 such releases.  The regulations shall be applicable to a stationary source
 3 years after the date of promulgation, or 3 years after the date on which
 a regulated substance present at the source in more than threshold amounts
 is first listed under paragraph (3), whichever is later.
 `(ii) The regulations under this subparagraph shall require the owner or
 operator of stationary sources at which a regulated substance is present in
 more than a threshold quantity to prepare and implement a risk management
 plan to detect and prevent or minimize accidental releases of such substances
 from the stationary source, and to provide a prompt emergency response to
 any such releases in order to protect human health and the environment.
 Such plan shall provide for compliance with the requirements of this
 subsection and shall also include each of the following:
 `(I) a hazard assessment to assess the potential effects of an accidental
 release of any regulated substance.  This assessment shall include an estimate
 of potential release quantities and a determination of downwind effects,
 including potential exposures to affected populations.  Such assessment shall
 include a previous release history of the past 5 years, including the size,
 concentration, and duration of releases, and shall include an evaluation
 of worst case accidental releases;`
 `(II) a program for preventing accidental releases of regulated substances,
 including safety precautions and maintenance, monitoring and employee
 training measures to be used at the source; and`
 `(III) a response program providing for specific actions to be taken in
 response to an accidental release of a regulated substance so as to protect
 human health and the environment, including procedures for informing the
 public and local agencies responsible for responding to accidental releases,
 emergency health care, and employee training measures.
At the time regulations are promulgated under this subparagraph, the
Administrator shall promulgate guidelines to assist stationary sources in
the preparation of risk management plans.  The guidelines shall, to the
extent practicable, include model risk management plans.
 `(iii) The owner or operator of each stationary source covered by clause
 (ii) shall register a risk management plan prepared under this subparagraph
 with the Administrator before the effective date of regulations under clause
 (i) in such form and manner as the Administrator shall, by rule, require.
 Plans prepared pursuant to this subparagraph shall also be submitted to
 the Chemical Safety and Hazard Investigation Board, to the State in which
 the stationary source is located, and to any local agency or entity having
 responsibility for planning for or responding to accidental releases which
 may occur at such source, and shall be available to the public under section
 114(c).  The Administrator shall establish, by rule, an auditing system to
 regularly review and, if necessary, require revision in risk management
 plans to assure that the plans comply with this subparagraph.  Each such
 plan shall be updated periodically as required by the Administrator, by rule.
 `(C) Any regulations promulgated pursuant to this subsection shall to the
 maximum extent practicable, consistent with this subsection, be consistent
 with the recommendations and standards established by the American Society
 of Mechanical Engineers (ASME), the American National Standards Institute
 (ANSI) or the American Society of Testing Materials (ASTM).  The Administrator
 shall take into consideration the concerns of small business in promulgating
 regulations under this subsection.
 `(D) In carrying out the authority of this paragraph, the Administrator shall
 consult with the Secretary of Labor and the Secretary of Transportation
 and shall coordinate any requirements under this paragraph with any
 requirements established for comparable purposes by the Occupational
 Safety and Health Administration or the Department of Transportation.
 Nothing in this subsection shall be interpreted, construed or applied to
 impose requirements affecting, or to grant the Administrator, the Chemical
 Safety and Hazard Investigation Board, or any other agency any authority
 to regulate (including requirements for hazard assessment), the accidental
 release of radionuclides arising from the construction and operation of
 facilities licensed by the Nuclear Regulatory Commission.
 `(E) After the effective date of any regulation or requirement imposed
 under this subsection, it shall be unlawful for any person to operate any
 stationary source subject to such regulation or requirement in violation of
 such regulation or requirement.  Each regulation or requirement under this
 subsection shall for purposes of sections 113, 114, 116, 120, 304, and 307
 and other enforcement provisions of this Act, be treated as a standard in
 effect under subsection (d).
 `(F) Notwithstanding the provisions of title V or this section, no
 stationary source shall be required to apply for, or operate pursuant to,
 a permit issued under such title solely because such source is subject to
 regulations or requirements under this subsection.
 `(G) In exercising any authority under this subsection, the Administrator
 shall not, for purposes of section 653(b)(1) of title 29 of the United
 States Code, be deemed to be exercising statutory authority to prescribe
 or enforce standards or regulations affecting occupational safety and health.
 `(8) RESEARCH ON HAZARD ASSESSMENTS- The Administrator may collect and
 publish information on accident scenarios and consequences covering
 a range of possible events for substances listed under paragraph (3).
 The Administrator shall establish a program of long-term research to develop
 and disseminate information on methods and techniques for hazard assessment
 which may be useful in improving and validating the procedures employed in
 the preparation of hazard assessments under this subsection.
 `(9) Order authority-
 `(A) In addition to any other action taken, when the Administrator determines
 that there may be an imminent and substantial endangerment to the human health
 or welfare or the environment because of an actual or threatened accidental
 release of a regulated substance, the Administrator may secure such relief
 as may be necessary to abate such danger or threat, and the district court
 of the United States in the district in which the threat occurs shall have
 jurisdiction to grant such relief as the public interest and the equities
 of the case may require.  The Administrator may also, after notice to the
 State in which the stationary source is located, take other action under
 this paragraph including, but not limited to, issuing such orders as may
 be necessary to protect human health.  The Administrator shall take action
 under section 303 rather than this paragraph whenever the authority of such
 section is adequate to protect human health and the environment.
 `(B) Orders issued pursuant to this paragraph may be enforced in an action
 brought in the appropriate United States district court as if the order
 were issued under section 303.
 `(C) Within 180 days after enactment of the Clean Air Act Amendments
 of 1990, the Administrator shall publish guidance for using the order
 authorities established by this paragraph.  Such guidance shall provide for
 the coordinated use of the authorities of this paragraph with other emergency
 powers authorized by section 106 of the Comprehensive Environmental Response,
 Compensation and Liability Act, sections 311(c), 308, 309 and 504(a) of
 the Federal Water Pollution Control Act, sections 3007, 3008, 3013, and
 7003 of the Solid Waste Disposal Act, sections 1445 and 1431 of the Safe
 Drinking Water Act, sections 5 and 7 of the Toxic Substances Control Act,
 and sections 113, 114, and 303 of this Act.
 `(10) PRESIDENTIAL REVIEW- The President shall conduct a review of release
 prevention, mitigation and response authorities of the various Federal
 agencies and shall clarify and coordinate agency responsibilities to assure
 the most effective and efficient implementation of such authorities and
 to identify any deficiencies in authority or resources which may exist.
 The President may utilize the resources and solicit the recommendations of
 the Chemical Safety and Hazard Investigation Board in conducting such review.
 At the conclusion of such review, but not later than 24 months after the
 date of enactment of the Clean Air Act Amendments of 1990, the President
 shall transmit a message to the Congress on the release prevention,
 mitigation and response activities of the Federal Government making such
 recommendations for change in law as the President may deem appropriate.
 Nothing in this paragraph shall be interpreted, construed or applied to
 authorize the President to modify or reassign release prevention, mitigation
 or response authorities otherwise established by law.
 `(11) STATE AUTHORITY- Nothing in this subsection shall preclude, deny or
 limit any right of a State or political subdivision thereof to adopt or
 enforce any regulation, requirement, limitation or standard (including any
 procedural requirement) that is more stringent than a regulation, requirement,
 limitation or standard in effect under this subsection or that applies to
 a substance not subject to this subsection.
 `(s) PERIODIC REPORT- Not later than January 15, 1993 and every 3 years
 thereafter, the Administrator shall prepare and transmit to the Congress a
 comprehensive report on the measures taken by the Agency and by the States
 to implement the provisions of this section.  The Administrator shall
 maintain a database on pollutants and sources subject to the provisions of
 this section and shall include aggregate information from the database in
 each annual report.  The report shall include, but not be limited to--
 `(1) a status report on standard-setting under subsections (d) and (f);
 `(2) information with respect to compliance with such standards including
 the costs of compliance experienced by sources in various categories and
 subcategories;
 `(3) development and implementation of the national urban air toxics
 program; and
 `(4) recommendations of the Chemical Safety and Hazard Investigation Board
 with respect to the prevention and mitigation of accidental releases.'.
SEC. 302. CONFORMING AMENDMENTS.
 (a) Section 111(d)(1) of the Clean Air Act is amended by striking
 `112(b)(1)(A)' and inserting in lieu thereof `112(b)'.
 (b) Section 111 of the Clean Air Act is amended by striking paragraphs
 (g)(5) and (g)(6) and redesignating the succeeding paragraphs accordingly.
 Such section is further amended by striking  `or section 112' in paragraph
 (g)(5) as redesignated in the preceding sentence.
 (c) Section 114(a) of the Clean Air Act is amended by striking  `or' after
 `section 111,' and by inserting `, or any regulation of solid waste combustion
 under section 129,' after `section 112'.
 (d) Section 118(b) of the Clean Air Act is amended by striking `112(c)'
 and inserting in lieu thereof `112(i)(4)'.
 (e) Section 302(k) of the Clean Air Act is amended by adding before the
 period at the end thereof `, and any design, equipment, work practice or
 operational standard promulgated under this Act.'.
 (f) Section 304(b) of the Clean Air Act is amended by striking  `112(c)(1)(B)'
 and inserting in lieu thereof `112(i)(3)(A) or (f)(4)'.
 (g) Section 307(b)(1) is amended by striking `112(c)' and inserting in lieu
 thereof `112'.
 (h) Section 307(d)(1) is amended by inserting--
 `(D) the promulgation of any requirement for solid waste combustion under
 section 129,'
after subparagraph (C) and redesignating the succeeding subparagraphs
accordingly.
SEC. 303. RISK ASSESSMENT AND MANAGEMENT COMMISSION.
 (a) ESTABLISHMENT- There is hereby established a Risk Assessment and
 Management Commission (hereafter referred to in this section as the
 `Commission'), which shall commence proceedings not later than 18 months
 after the date of enactment of the Clean Air Act Amendments of 1990 and which
 shall make a full investigation of the policy implications and appropriate
 uses of risk assessment and risk management in regulatory programs under
 various Federal laws to prevent cancer and other chronic human health
 effects which may result from exposure to hazardous substances.
 (b) CHARGE- The Commission shall consider--
 (1) the report of the National Academy of Sciences authorized by section
 112(o) of the Clean Air Act, the use and limitations of risk assessment in
 establishing emission or effluent standards, ambient standards, exposure
 standards, acceptable concentration levels, tolerances or other environmental
 criteria for hazardous substances that present a risk of carcinogenic effects
 or other chronic health effects and the suitability of risk assessment for
 such purposes;
 (2) the most appropriate methods for measuring and describing cancer risks or
 risks of other chronic health effects from exposure to hazardous substances
 considering such alternative approaches as the lifetime risk of cancer or
 other effects to the individual or individuals most exposed to emissions
 from a source or sources on both an actual and worst case basis, the range
 of such risks, the total number of health effects avoided by exposure
 reductions, effluent standards, ambient standards, exposures standards,
 acceptable concentration levels, tolerances and other environmental criteria,
 reductions in the number of persons exposed at various levels of risk,
 the incidence of cancer, and other public health factors;
 (3) methods to reflect uncertainties in measurement and estimation
 techniques, the existence of synergistic or antagonistic effects among
 hazardous substances, the accuracy of extrapolating human health risks from
 animal exposure data, and the existence of unquantified direct or indirect
 effects on human health in risk assessment studies;
 (4) risk management policy issues including the use of lifetime cancer risks
 to individuals most exposed, incidence of cancer, the cost and technical
 feasibility of exposure reduction measures and the use of site-specific
 actual exposure information in setting emissions standards and other
 limitations applicable to sources of exposure to hazardous substances; and
 (5) and comment on the degree to which it is possible or desirable to
 develop a consistent risk assessment methodology, or a consistent standard
 of acceptable risk, among various Federal programs.
 (c) MEMBERSHIP- Such Commission shall be composed of ten members who shall
 have knowledge or experience in fields of risk assessment or risk management,
 including three members to be appointed by the President, two members to
 be appointed by the Speaker of the House of Representatives, one member to
 be appointed by the Minority Leader of the House of Representatives, two
 members to be appointed by the Majority Leader of the Senate, one member
 to be appointed by the Minority Leader of the Senate, and one member
 to be appointed by the President of the National Academy of Sciences.
 Appointments shall be made not later than 18 months after the date of
 enactment of the Clean Air Act Amendments of 1990.
 (d) ASSISTANCE FROM AGENCIES- The Administrator of the Environmental
 Protection Agency and the heads of all other departments, agencies, and
 instrumentalities of the executive branch of the Federal Government shall,
 to the maximum extent practicable, assist the Commission in gathering such
 information as the Commission deems necessary to carry out this section
 subject to other provisions of law.
 (e) Staff and Contracts-
 (1) In the conduct of the study required by this section, the Commission
 is authorized to contract (in accordance with Federal contract law)
 with nongovernmental entities that are competent to perform research or
 investigations within the Commission's mandate, and to hold public hearings,
 forums, and workshops to enable full public participation.
 (2) The Commission may appoint and fix the pay of such staff as it deems
 necessary in accordance with the provisions of title 5, United States Code.
 The Commission may request the temporary assignment of personnel from the
 Environmental Protection Agency or other Federal agencies.
 (3) The members of the Commission who are not officers or employees of the
 United States, while attending conferences or meetings of the Commission
 or while otherwise serving at the request of the Chair, shall be entitled
 to receive compensation at a rate not in excess of the maximum rate of pay
 for Grade GS-18, as provided in the General Schedule under section 5332 of
 title 5 of the United States Code, including travel time, and while away
 from their homes or regular places of business they may be allowed travel
 expenses, including per diem in lieu of subsistence as authorized by law
 for persons in the Government service employed intermittently.
 (f) REPORT- A report containing the results of all Commission studies and
 investigations under this section, together with any appropriate legislative
 recommendations or administrative recommendations, shall be made available to
 the public for comment not later than 42 months after the date of enactment of
 the Clean Air Act Amendments of 1990 and shall be submitted to the President
 and to the Congress not later than 48 months after such date of enactment.
 In the report, the Commission shall make recommendations with respect to the
 appropriate use of risk assessment and risk management in Federal regulatory
 programs to prevent cancer or other chronic health effects which may result
 from exposure to hazardous substances.  The Commission shall cease to exist
 upon the date determined by the Commission, but not later than 9 months
 after the submission of such report.
 (g) AUTHORIZATION- There are authorized to be appropriated such sums as
 are necessary to carry out the activities of the Commission established by
 this section.
SEC. 304. CHEMICAL PROCESS SAFETY MANAGEMENT.
 (a) CHEMICAL PROCESS SAFETY STANDARD- 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 the Clean Air
 Act Amendments of 1990, the Secretary of Labor, in coordination with the
 Administrator of the Environmental Protection Agency, 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 highly hazardous chemicals in the workplace.
 (b) LIST OF HIGHLY HAZARDOUS CHEMICALS- 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.
 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) ELEMENTS OF SAFETY STANDARD- 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 workplace
 effects of a range of releases, estimation of the health and safety effects
 of such range on employees;
 (3) consult with employees and their representatives 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(d) of the Superfund Amendments and
 Reauthorization Act;
 (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) STATE AUTHORITY- Nothing in this section may be construed to diminish
 the authority of the States and political subdivisions thereof as described
 in section 112(r)(11) of the Clean Air Act.
SEC. 305. SOLID WASTE COMBUSTION.
 (a) Part A of title I of the Clean Air Act is amended by adding the following
 new section at the end thereof:
`SEC. 129. SOLID WASTE COMBUSTION.
 `(a) NEW SOURCE PERFORMANCE STANDARDS-
 `(1) IN GENERAL- (A) The Administrator shall establish performance standards
 and other requirements pursuant to section 111 and this section for each
 category of solid waste incineration units.  Such standards shall include
 emissions limitations and other requirements applicable to new units and
 guidelines (under section 111(d) and this section) and other requirements
 applicable to existing units.
 `(B) Standards under section 111 and this section applicable to solid waste
 incineration units with capacity greater than 250 tons per day combusting
 municipal waste shall be promulgated not later than 12 months after the
 date of enactment of the Clean Air Act Amendments of 1990.  Nothing in this
 subparagraph shall alter any schedule for the promulgation of standards
 applicable to such units under section 111 pursuant to any settlement and
 consent decree entered by the Administrator before the date of enactment
 of the Clean Air Act Amendments of 1990: Provided, That, such standards
 are subsequently modified pursuant to the schedule established in this
 subparagraph to include each of the requirements of this section.
 `(C) Standards under section 111 and this section applicable to solid waste
 incineration units with capacity equal to or less than 250 tons per day
 combusting municipal waste and units combusting hospital waste, medical
 waste and infectious waste shall be promulgated not later than 24 months
 after the date of enactment of the Clean Air Act Amendments of 1990.
 `(D) Standards under section 111 and this section applicable to solid
 waste incineration units combusting commercial or industrial waste shall be
 proposed not later than 36 months after the date of enactment of the Clean
 Air Act Amendments of 1990 and promulgated not later than 48 months after
 such date of enactment.
 `(E) Not later than 18 months after the date of enactment of the Clean Air
 Act Amendments of 1990, the Administrator shall publish a schedule for the
 promulgation of standards under section 111 and this section applicable to
 other categories of solid waste incineration units.
 `(2) EMISSIONS STANDARD- Standards applicable to solid waste incineration
 units promulgated under section 111 and this section shall reflect the
 maximum degree of reduction in emissions of air pollutants listed under
 section (a)(4) that the Administrator, taking into consideration the cost
 of achieving such emission reduction, and any non-air quality health and
 environmental impacts and energy requirements, determines is achievable for
 new or existing units in each category.  The Administrator may distinguish
 among classes, types (including mass-burn, refuse-derived fuel, modular and
 other types of units), and sizes of units within a category in establishing
 such standards.  The degree of reduction in emissions that is deemed
 achievable for new units in a category shall not be less stringent than
 the emissions control that is achieved in practice by the best controlled
 similar unit, as determined by the Administrator.  Emissions standards for
 existing units in a category may be less stringent than standards for new
 units in the same category but shall not be less stringent than the average
 emissions limitation achieved by the best performing 12 percent of units in
 the category (excluding units which first met lowest achievable emissions
 rates 18 months before the date such standards are proposed or 30 months
 before the date such standards are promulgated, whichever is later).
 `(3) CONTROL METHODS AND TECHNOLOGIES- Standards under section 111 and
 this section applicable to solid waste incineration units shall be based on
 methods and technologies for removal or destruction of pollutants before,
 during, or after combustion, and shall incorporate for new units siting
 requirements that minimize, on a site specific basis, to the maximum extent
 practicable, potential risks to public health or the environment.
 `(4) NUMERICAL EMISSIONS LIMITATIONS- The performance standards promulgated
 under section 111 and this section and applicable to solid waste incineration
 units shall specify numerical emission limitations for the following
 substances or mixtures: particulate matter (total and fine), opacity
 (as appropriate), sulfur dioxide, hydrogen chloride, oxides of nitrogen,
 carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans.
 The Administrator may promulgate numerical emissions limitations or provide
 for the monitoring of postcombustion concentrations of surrogate substances,
 parameters or periods of residence time in excess of stated temperatures
 with respect to pollutants other than those listed in this paragraph.
 `(5) REVIEW AND REVISION- Not later than 5 years following the initial
 promulgation of any performance standards and other requirements under this
 section and section 111 applicable to a category of solid waste incineration
 units, and at 5 year intervals thereafter, the Administrator shall review,
 and in accordance with this section and section 111, revise such standards
 and requirements.
 `(b) EXISTING UNITS-
 `(1) GUIDELINES- Performance standards under this section and section 111
 for solid waste incineration units shall include guidelines promulgated
 pursuant to section 111(d) and this section applicable to existing units. Such
 guidelines shall include, as provided in this section, each of the elements
 required by subsection (a) (emissions limitations, notwithstanding any
 restriction in section 111(d) regarding issuance of such limitations),
 subsection (c) (monitoring), subsection (d) (operator training), subsection
 (e) (permits), and subsection (h)(4) (residual risk).
 `(2) STATE PLANS- Not later than 1 year after the Administrator promulgates
 guidelines for a category of solid waste incineration units, each State in
 which units in the category are operating shall submit to the Administrator a
 plan to implement and enforce the guidelines with respect to such units. The
 State plan shall be at least as protective as the guidelines promulgated by
 the Administrator and shall provide that each unit subject to the guidelines
 shall be in compliance with all requirements of this section not later than
 3 years after the State plan is approved by the Administrator but not later
 than 5 years after the guidelines were promulgated. The Administrator shall
 approve or disapprove any State plan within 180 days of the submission,
 and if a plan is disapproved, the Administrator shall state the reasons for
 disapproval in writing. Any State may modify and resubmit a plan which has
 been disapproved by the Administrator.
 `(3) FEDERAL PLAN- The Administrator shall develop, implement and enforce
 a plan for existing solid waste incineration units within any category
 located in any State which has not submitted an approvable plan under this
 subsection with respect to units in such category within 2 years after the
 date on which the Administrator promulgated the relevant guidelines. Such
 plan shall assure that each unit subject to the plan is in compliance with
 all provisions of the guidelines not later than 5 years after the date the
 relevant guidelines are promulgated.
 `(c) MONITORING- The Administrator shall, as part of each performance standard
 promulgated pursuant to subsection (a) and section 111, promulgate regulations
 requiring the owner or operator of each solid waste incineration unit--
 `(1) to monitor emissions from the unit at the point at which such emissions
 are emitted into the ambient air (or within the stack, combustion chamber
 or pollution control equipment, as appropriate) and at such other points
 as necessary to protect public health and the environment;
 `(2) to monitor such other parameters relating to the operation of the unit
 and its pollution control technology as the Administrator determines are
 appropriate; and
 `(3) to report the results of such monitoring.
Such regulations shall contain provisions regarding the frequency
of monitoring, test methods and procedures validated on solid waste
incineration units, and the form and frequency of reports containing the
results of monitoring and shall require that any monitoring reports or test
results indicating an exceedance of any standard under this section shall
be reported separately and in a manner that facilitates review for purposes
of enforcement actions.  Such regulations shall require that copies of the
results of such monitoring be maintained on file at the facility concerned and
that copies shall be made available for inspection and copying by interested
members of the public during business hours.
 `(d) OPERATOR TRAINING- Not later than 24 months after the enactment of
 the Clean Air Act Amendments of 1990, the Administrator shall develop and
 promote a model State program for the training and certification of solid
 waste incineration unit operators and high-capacity fossil fuel fired plant
 operators.  The Administrator may authorize any State to implement a model
 program for the training of solid waste incineration unit operators and
 high-capacity fossil fuel fired plant operators, if the State has adopted
 a program which is at least as effective as the model program developed by
 the Administrator.  Beginning on the date 36 months after the date on which
 performance standards and guidelines are promulgated under subsection (a)
 and section 111 for any category of solid waste incineration units it shall
 be unlawful to operate any unit in the category unless each person with
 control over processes affecting emissions from such unit has satisfactorily
 completed a training program meeting the requirements established by the
 Administrator under this subsection.
 `(e) PERMITS- Beginning (1) 36 months after the promulgation of a
 performance standard under subsection (a) and section 111 applicable to a
 category of solid waste incineration units, or (2) the effective date of
 a permit program under title V in the State in which the unit is located,
 whichever is later, each unit in the category shall operate pursuant to
 a permit issued under this subsection and title V.  Permits required by
 this subsection may be renewed according to the provisions of title V.
 Notwithstanding any other provision of this Act, each permit for a solid
 waste incineration unit combusting municipal waste issued under this Act
 shall be issued for a period of up to 12 years and shall be reviewed every
 5 years after date of issuance or reissuance.  Each permit shall continue in
 effect after the date of issuance until the date of termination, unless the
 Administrator or State determines that the unit is not in compliance with all
 standards and conditions contained in the permit.  Such determination shall
 be made at regular intervals during the term of the permit, such intervals
 not to exceed 5 years, and only after public comment and public hearing.
 No permit for a solid waste incineration unit may be issued under this
 Act by an agency, instrumentality or person that is also responsible, in
 whole or part, for the design and construction or operation of the unit.
 Notwithstanding any other provision of this subsection, the Administrator
 or the State shall require the owner or operator of any unit to comply with
 emissions limitations or implement any other measures, if the Administrator
 or the State determines that emissions in the absence of such limitations
 or measures may reasonably be anticipated to endanger public health or
 the environment.  The Administrator's determination under the preceding
 sentence is a discretionary decision.
 `(f) EFFECTIVE DATE AND ENFORCEMENT-
 `(1) NEW UNITS- Performance standards and other requirements promulgated
 pursuant to this section and section 111 and applicable to new solid waste
 incineration units shall be effective as of the date 6 months after the
 date of promulgation.
 `(2) EXISTING UNITS- Performance standards and other requirements promulgated
 pursuant to this section and section 111 and applicable to existing solid
 waste incineration units shall be effective as expeditiously as practicable
 after approval of a State plan under subsection (b)(2) (or promulgation
 of a plan by the Administrator under subsection (b)(3)) but in no event
 later than 3 years after the State plan is approved or 5 years after the
 date such standards or requirements are promulgated, whichever is earlier.
 `(3) PROHIBITION- After the effective date of any performance standard,
 emission limitation or other requirement promulgated pursuant to this
 section and section 111, it shall be unlawful for any owner or operator
 of any solid waste incineration unit to which such standard, limitation or
 requirement applies to operate such unit in violation of such limitation,
 standard or requirement or for any other person to violate an applicable
 requirement of this section.
 `(4) COORDINATION WITH OTHER AUTHORITIES- For purposes of sections 111(e),
 113, 114, 116, 120, 303, 304, 307 and other  provisions for the enforcement of
 this Act, each performance standard, emission limitation or other requirement
 established pursuant to this section by the Administrator or a State or
 local government, shall be treated in the same manner as a standard of
 performance under section 111 which is an emission limitation.
 `(g) DEFINITIONS- For purposes of section 306 of the Clean Air Act Amendments
 of 1990 and this section only--
 `(1) SOLID WASTE INCINERATION UNIT- The term `solid waste incineration unit'
 means a distinct operating unit of any facility which combusts any solid
 waste material from commercial or industrial establishments or the general
 public (including single and multiple residences, hotels, and motels).
 Such term does not include incinerators or other units required to have
 a permit under section 3005 of the Solid Waste Disposal Act.  The term
 `solid waste incineration unit' does not include (A) materials recovery
 facilities (including primary or secondary smelters) which combust waste
 for the primary purpose of recovering metals, (B) qualifying small power
 production facilities, as defined in section 3(17)(C) of the Federal
 Power Act (16 U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as
 defined in section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)),
 which burn homogeneous waste (such as units which burn tires or used oil,
 but not including refuse-derived fuel) for the production of electric
 energy or in the case of qualifying cogeneration facilities which burn
 homogeneous waste for the production of electric energy and steam or forms
 of useful energy (such as heat) which are used for industrial, commercial,
 heating or cooling purposes, or (C) air curtain incinerators provided that
 such incinerators only burn wood wastes, yard wastes and clean lumber and
 that such air curtain incinerators comply with opacity limitations to be
 established by the Administrator by rule.
 `(2) NEW SOLID WASTE INCINERATION UNIT- The term `new solid waste incineration
 unit' means a solid waste incineration unit the construction of which is
 commenced after the Administrator proposes requirements under this section
 establishing emissions standards or other requirements which would be
 applicable to such unit or a modified solid waste incineration unit.
 `(3) MODIFIED SOLID WASTE INCINERATION UNIT- The term `modified solid
 waste incineration unit' means a solid waste incineration unit at which
 modifications have occurred after the effective date of a standard under
 subsection (a) if (A) the cumulative cost of the modifications, over the life
 of the unit, exceed 50 per centum of the original cost of construction and
 installation of the unit (not including the cost of any land purchased in
 connection with such construction or installation) updated to current costs,
 or (B) the modification is a physical change in or change in the method
 of operation of the unit which increases the amount of any air pollutant
 emitted by the unit for which standards have been established under this
 section or section 111.
 `(4) EXISTING SOLID WASTE INCINERATION UNIT- The term `existing solid waste
 incineration unit' means a solid waste unit which is not a new or modified
 solid waste incineration unit.
 `(5) MUNICIPAL WASTE- The term `municipal waste' means refuse (and
 refuse-derived fuel) collected from the general public and from residential,
 commercial, institutional, and industrial sources consisting of paper, wood,
 yard wastes, food wastes, plastics, leather, rubber, and other combustible
 materials and non-combustible materials such as metal, glass and rock,
 provided that: (A) the term does not include industrial process wastes
 or medical wastes that are segregated from such other wastes; and (B)
 an incineration unit shall not be considered to be combusting municipal
 waste for purposes of section 111 or this section if it combusts a fuel
 feed stream, 30 percent or less of the weight of which is comprised, in
 aggregate, of municipal waste.
 `(6) OTHER TERMS- The terms solid waste and medical waste shall have the
 meanings established by the Administrator pursuant to the Solid Waste
 Disposal Act.
 `(h) OTHER AUTHORITY-
 `(1) STATE AUTHORITY- Nothing in this section shall preclude or deny the
 right of any State or political subdivision thereof to adopt or enforce
 any regulation, requirement, limitation or standard relating to solid waste
 incineration units that is more stringent than a regulation, requirement,
 limitation or standard in effect under this section or under any other
 provision of this Act.
 `(2) OTHER AUTHORITY UNDER THIS ACT- Nothing in this section shall
 diminish the authority of the Administrator or a State to establish any
 other requirements applicable to solid waste incineration units under any
 other authority of law, including the authority to establish for any air
 pollutant a national ambient air quality standard, except that no solid waste
 incineration unit subject to performance standards under this section and
 section 111 shall be subject to standards under section 112(d) of this Act.
 `(3) RESIDUAL RISK- The Administrator shall promulgate standards under section
 112(f) for a category of solid waste incineration units, if promulgation
 of such standards is required under section 112(f).  For purposes of this
 preceding sentence only--
 `(A) the performance standards under subsection (a) and section 111 applicable
 to a category of solid waste incineration units shall be deemed standards
 under section 112(d)(2), and
 `(B) the Administrator shall consider and regulate, if required, the
 pollutants listed under subsection (a)(4) and no others.
 `(4) ACID RAIN- A solid waste incineration unit shall not be a  utility
 unit as defined in title IV: Provided, That, more than 80 per centum of
 its annual average fuel consumption measured on a Btu basis, during a
 period or periods to be determined by the Administrator, is from a fuel
 (including any waste burned as a fuel) other than a fossil fuel.
 `(5) REQUIREMENTS OF PARTS C AND D- No requirement of an applicable
 implementation plan under section 165 (relating to construction of facilities
 in regions identified pursuant to section 107(d)(1)(A) (ii) or (iii)) or
 under section 172(c)(5) (relating to permits for construction and operation
 in nonattainment areas) may be used to weaken the standards in effect under
 this section.'.
 (b) CONFORMING AMENDMENT- Section 169(1) of the Clean Air Act is amended
 by striking `two hundred and' after `municipal incinerators capable of
 charging more than'.
 (c) REVIEW OF ACID GAS SCRUBBING REQUIREMENTS- Prior to the promulgation
 of any performance standard for solid waste incineration units combusting
 municipal waste under section 111 or section 129 of the Clean Air Act,
 the Administrator shall review the availability of acid gas scrubbers as a
 pollution control technology for small new units and for existing units (as
 defined in 54 Federal Register 52190 (December 20, 1989), taking into account
 the provisions of subsection (a)(2) of section 129 of the Clean Air Act.
SEC. 306. ASH MANAGEMENT AND DISPOSAL.
 For a period of 2 years after the date of enactment of the Clean Air Act
 Amendments of 1990, ash from solid waste incineration units burning municipal
 waste shall not be regulated by the Administrator of the Environmental
 Protection Agency pursuant to section 3001 of the Solid Waste Disposal
 Act. Such reference and limitation shall not be construed to prejudice,
 endorse or otherwise affect any activity by the Administrator following the
 2-year period from the date of enactment of the Clean Air Act Amendments
 of 1990.
TITLE IV--ACID DEPOSITION CONTROL
Sec. 401. Acid deposition control.
Sec. 402. Fossil fuel use.
Sec. 403. Repeal of percent reduction.
Sec. 404. Acid deposition standards.
Sec. 405. National acid lakes registry.
Sec. 406. Industrial SO2 Emissions.
Sec. 407. Sense of the Congress on emission reductions costs.
Sec. 408. Monitor acid rain program in Canada.
Sec. 409. Report on clean coals technologies export programs.
Sec. 410. Acid deposition research by the United States Fish and Wildlife
Service.
Sec. 411. Study of buffering and neutralizing agents.
Sec. 412. Conforming amendment.
Sec. 413. Special clean coal technology project.
SEC. 401. ACID DEPOSITION CONTROL.
 The Clean Air Act is amended by adding the following new title after
 title III:
`TITLE IV--ACID DEPOSITION CONTROL
`Sec. 401. Findings and purpose.
`Sec. 402. Definitions.
`Sec. 403. Sulfur dioxide allowance program for existing and new units.
`Sec. 404. Phase I sulfur dioxide requirements.
`Sec. 405. Phase II sulfur dioxide requirements.
`Sec. 406. Allowances for States with emissions rates at or below 0.80
lbs/mmBtu.
`Sec. 407. Nitrogen oxides emission reduction program.
`Sec. 408. Permits and compliance plans.
`Sec. 409. Repowered sources.
`Sec. 410. Election for additional sources.
`Sec. 411. Excess emissions penalty.
`Sec. 412. Monitoring, reporting, and recordkeeping requirements.
`Sec. 413. General compliance with other provisions.
`Sec. 414. Enforcement.
`Sec. 415. Clean coal technology regulatory incentives.
`Sec. 416. Contingency guarantee; auctions, reserve.
`SEC. 401. FINDINGS AND PURPOSES.
 `(a) FINDINGS- The Congress finds that--
 `(1) the presence of acidic compounds and their precursors in the atmosphere
 and in deposition from the atmosphere represents a threat to natural
 resources, ecosystems, materials, visibility, and public health;
 `(2) the principal sources of the acidic compounds and their precursors
 in the atmosphere are emissions of sulfur and nitrogen oxides from the
 combustion of fossil fuels;
 `(3) the problem of acid deposition is of national and international
 significance;
 `(4) strategies and technologies for the control of precursors to acid
 deposition exist now that are economically feasible, and improved methods
 are expected to become increasingly available over the next decade;
 `(5) current and future generations of Americans will be adversely affected
 by delaying measures to remedy the problem;
 `(6) reduction of total atmospheric loading of sulfur dioxide and nitrogen
 oxides will enhance protection of the public health and welfare and the
 environment; and
 `(7) control measures to reduce precursor emissions from steam-electric
 generating units should be initiated without delay.
 `(b) PURPOSES- The purpose of this title is to reduce the adverse effects of
 acid deposition through reductions in annual emissions of sulfur dioxide of
 ten million tons from 1980 emission levels, and, in combination with other
 provisions of this Act, of nitrogen oxides emissions of approximately two
 million tons from 1980 emission levels, in the forty-eight contiguous States
 and the District of Columbia. It is the intent of this title to effectuate
 such reductions by requiring compliance by affected sources with prescribed
 emission limitations by specified deadlines, which limitations may be met
 through alternative methods of compliance provided by an emission allocation
 and transfer system. It is also the purpose of this title to encourage
 energy conservation, use of renewable and clean alternative technologies,
 and pollution prevention as a long-range strategy, consistent with the
 provisions of this title, for reducing air pollution and other adverse
 impacts of energy production and use.
`SEC. 402. DEFINITIONS.
 `As used in this title:
 `(1) The term `affected source' means a source that includes one or more
 affected units.
 `(2) The term `affected unit' means a unit that is subject to emission
 reduction requirements or limitations under this title.
 `(3) The term `allowance' means an authorization, allocated to an affected
 unit by the Administrator under this title, to emit, during or after a
 specified calendar year, one ton of sulfur dioxide.
 `(4) The term `baseline' means the annual quantity of fossil fuel consumed by
 an affected unit, measured in millions of British Thermal Units (`mmBtu's'),
 calculated as follows:
 `(A) For each utility unit that was in commercial operation prior to January
 1, 1985, the baseline shall be the annual average quantity of mmBtu's
 consumed in fuel during calendar years 1985, 1986, and 1987, as recorded
 by the Department of Energy pursuant to Form 767. For any utility unit for
 which such form was not filed, the baseline shall be the level specified
 for such unit in the 1985 National Acid Precipitation Assessment Program
 (NAPAP) Emissions Inventory, Version 2, National Utility Reference File
 (NURF) or in a corrected data base as established by the Administrator
 pursuant to paragraph (3). For non-utility units, the baseline is the NAPAP
 Emissions Inventory, Version 2. The Administrator, in the Administrator's
 sole discretion, may exclude periods during which a unit is shutdown for a
 continuous period of four calendar months or longer, and make appropriate
 adjustments under this paragraph.  Upon petition of the owner or operator
 of any unit, the Administrator may make appropriate baseline adjustments
 for accidents that caused prolonged outages.
 `(B) For any other nonutility unit that is not included in the NAPAP
 Emissions Inventory, Version 2, or a corrected data base as established
 by the Administrator pursuant to paragraph (3), the baseline shall be
 the annual average quantity, in mmBtu consumed in fuel by that unit, as
 calculated pursuant to a method which the administrator shall prescribe by
 regulation to be promulgated not later than eighteen months after enactment
 of the Clean Air Act Amendments of 1990.
 `(C) The Administrator shall, upon application or on his own motion, by
 December 31, 1991, supplement data needed in support of this title and
 correct any factual errors in data from which affected Phase II units'
 baselines or actual 1985 emission rates have been calculated. Corrected
 data shall be used for purposes of issuing allowances under the title. Such
 corrections shall not be subject to judicial review, nor shall the failure
 of the Administrator to correct an alleged factual error in such reports
 be subject to judicial review.
 `(5) The term `capacity factor' means the ratio between the actual electric
 output from a unit and the potential electric output from that unit.
 `(6) The term `compliance plan' means, for purposes of the requirements of
 this title, either--
 `(A) a statement that the source will comply with all applicable requirements
 under this title, or
 `(B) where applicable, a schedule and description of the method or methods
 for compliance and certification by the owner or operator that the source
 is in compliance with the requirements of this title.
 `(7) The term `continuous emission monitoring system' (CEMS) means the
 equipment as required by section 412, used to sample, analyze, measure,
 and provide on a continuous basis a permanent record of emissions and flow
 (expressed in pounds per million British thermal units (lbs/mmBtu), pounds
 per hour (lbs/hr) or such other form as the Administrator may prescribe by
 regulations under section 412).
 `(8) The term `existing unit' means a unit (including units subject to section
 111) that commenced commercial operation before the date of enactment of
 the Clean Air Act Amendments of 1990. Any unit that commenced commercial
 operation before the date of enactment of the Clean Air Act Amendments
 of 1990 which is modified, reconstructed, or repowered after the date
 of enactment of the Clean Air Act Amendments of 1990 shall continue to
 be an existing unit for the purposes of this title. For the purposes of
 this title, existing units shall not include simple combustion turbines,
 or units which serve a generator with a nameplate capacity of 25MWe or less.
 `(9) The term `generator' means a device that produces electricity and which
 is reported as a generating unit pursuant to Department of Energy Form 860.
 `(10) The term `new unit' means a unit that commences commercial operation
 on or after the date of enactment of the Clean Air Act Amendments of 1990.
 `(11) The term `permitting authority' means the Administrator, or the State
 or local air pollution control agency, with an approved permitting program
 under part B of title III of the Act.
 `(12) The term `repowering' means replacement of an existing coal-fired
 boiler with one of the following clean coal technologies: atmospheric or
 pressurized fluidized bed combustion, integrated gasification combined
 cycle, magnetohydrodynamics, direct and indirect coal-fired turbines,
 integrated gasification fuel cells, or as determined by the Administrator,
 in consultation with the Secretary of Energy, a derivative of one or more of
 these technologies, and any other technology capable of controlling multiple
 combustion emissions simultaneously with improved boiler or generation
 efficiency and with significantly greater waste reduction relative to the
 performance of technology in widespread commercial use as of the date of
 enactment of the Clean Air Act Amendments of 1990. Notwithstanding the
 provisions of section 409(a), for the purpose of this title, the term
 `repowering' shall also include any oil and/or gas-fired unit which has
 been awarded clean coal technology demonstration funding as of January 1,
 1991, by the Department of Energy.
 `(13) The term `reserve' means any bank of allowances established by the
 Administrator under this title.
 `(14) The term `State' means one of the 48 contiguous States and the District
 of Columbia.
 `(15) The term `unit' means a fossil fuel-fired combustion device.
 `(16) The term `actual 1985 emission rate', for electric utility units means
 the annual sulfur dioxide or nitrogen oxides emission rate in pounds per
 million Btu as reported in the NAPAP Emissions Inventory, Version 2, National
 Utility Reference File. For nonutility units, the term `actual 1985 emission
 rate' means the annual sulfur dioxide or nitrogen oxides emission rate in
 pounds per million Btu as reported in the NAPAP Emission Inventory, Version 2.
 `(17)(A) The term `utility unit' means--
 `(i) a unit that serves a generator in any State that produces electricity
 for sale, or
 `(ii) a unit that, during 1985, served a generator in any State that produced
 electricity for sale.
 `(B) Notwithstanding subparagraph (A), a unit described in subparagraph
 (A) that--
 `(i) was in commercial operation during 1985, but
 `(ii) did not, during 1985, serve a generator in any State that produced
 electricity for sale shall not be a utility unit for purposes of this title.
 `(C) A unit that cogenerates steam and electricity is not a `utility unit'
 for purposes of this title unless the unit is constructed for the purpose
 of supplying, or commences construction after the date of enactment of this
 title and supplies, more than one-third of its potential electric output
 capacity and more than 25 megawatts electrical output to any utility power
 distribution system for sale.
 `(18) The term `allowable 1985 emissions rate' means a federally enforceable
 emissions limitation for sulfur dioxide or oxides of nitrogen, applicable to
 the unit in 1985 or the limitation applicable in such other subsequent year
 as determined by the Administrator if such a limitation for 1985 does not
 exist. Where the emissions limitation for a unit is not expressed in pounds
 of emissions per million Btu, or the averaging period of that emissions
 limitation is not expressed on an annual basis, the Administrator shall
 calculate the annual equivalent of that emissions limitation in pounds per
 million Btu to establish the allowable 1985 emissions rate.
 `(19) The term `qualifying phase I technology' means a technological system
 of continuous emission reduction which achieves a 90 percent reduction in
 emissions of sulfur dioxide from the emissions that would have resulted
 from the use of fuels which were not subject to treatment prior to combustion.
 `(20) The term `alternative method of compliance' means a method of compliance
 in accordance with one or more of the following authorities:
 `(A) a substitution plan submitted and approved in accordance with subsections
 404 (b) and (c);
 `(B) a Phase I extension plan approved by the Administrator under section
 404(d), using qualifying phase I technology as determined by the Administrator
 in accordance with that section; or
 `(C) repowering with a qualifying clean coal technology under section 409.
 `(21) The term `commenced' as applied to construction of any new electric
 utility unit means that an owner or operator has undertaken a continuous
 program of construction or that an owner or operator has entered into a
 contractual obligation to undertake and complete, within a reasonable time,
 a continuous program of construction.
 `(22) The term `commenced commercial operation' means to have begun to
 generate electricity for sale.
 `(23) The term `construction' means fabrication, erection, or installation
 of an affected unit.
 `(24) The term `industrial source' means a unit that does not serve a
 generator that produces electricity, a `nonutility unit' as defined in this
 section, or a process source as defined in section 410(e).
 `(25) The term `nonutility unit' means a unit other than a utility unit.
 `(26) The term `designated representative' means a responsible person or
 official authorized by the owner or operator of a unit to represent the owner
 or operator in matters pertaining to the holding, transfer, or disposition
 of allowances allocated to a unit, and the submission of and compliance
 with permits, permit applications, and compliance plans for the unit.
 `(27) The term `life-of-the-unit, firm power contractual arrangement'
 means a unit participation power sales agreement under which a utility or
 industrial customer reserves, or is entitled to receive, a specified amount
 or percentage of capacity and associated energy generated by a specified
 generating unit (or units) and pays its proportional amount of such unit's
 total costs, pursuant to a contract either--
 `(A) for the life of the unit;
 `(B) for a cumulative term of no less than 30 years, including contracts
 that permit an election for early termination; or
 `(C) for a period equal to or greater than 25 years or 70 percent of the
 economic useful life of the unit determined as of the time the unit was built,
 with option rights to purchase or re-lease some portion of the capacity and
 associated energy generated by the unit (or units) at the end of the period.
 `(28) The term `basic Phase II allowance allocations' means:
 `(A) For calendar years 2000 through 2009 inclusive, allocations of allowances
 made by the Administrator pursuant to section 403 and subsections (b)(1),
 (3), and (4); (c)(1), (2), (3), and (5); (d)(1), (2), (4), and (5); (e);
 (f); (g)(1), (2), (3), (4), and (5); (h)(1); (i) and (j) of section 405.
 `(B) For each calendar year beginning in 2010, allocations of allowances
 made by the Administrator pursuant to section 403 and subsections (b)(1),
 (3), and (4); (c)(1), (2), (3), and (5); (d)(1), (2), (4) and (5); (e); (f);
 (g)(1), (2), (3), (4), and (5); (h)(1) and (3); (i) and (j) of section 405.
 `(29) The term `Phase II bonus allowance allocations' means, for calendar
 year 2000 through 2009, inclusive, and only for such years, allocations
 made by the Administrator pursuant to section 403, subsections (a)(2),
 (b)(2), (c)(4), (d)(3) (except as otherwise provided therein), and (h)(2)
 of section 405, and section 406.
`SEC. 403. SULFUR DIOXIDE ALLOWANCE PROGRAM FOR EXISTING AND NEW UNITS.
 `(a) ALLOCATIONS OF ANNUAL ALLOWANCES FOR EXISTING AND NEW UNITS- (1) For
 the emission limitation programs under this title, the Administrator shall
 allocate annual allowances for the unit, to be held or distributed by the
 designated representative of the owner or operator of each affected unit
 at an affected source in accordance with this title, in an amount equal
 to the annual tonnage emission limitation calculated under section 404,
 405, 406, 409, or 410 except as otherwise specifically provided elsewhere
 in this title. Except as provided in sections 405(a)(2), 405(a)(3), 409
 and 410, beginning January 1, 2000, the Administrator shall not allocate
 annual allowances to emit sulfur dioxide pursuant to section 405 in such
 an amount as would result in total annual emissions of sulfur dioxide from
 utility units in excess of 8.90 million tons except that the Administrator
 shall not take into account unused allowances carried forward by owners and
 operators of affected units or by other persons holding such allowances,
 following the year for which they were allocated. If necessary to meeting
 the restrictions imposed in the preceding sentence, the Administrator shall
 reduce, pro rata, the basic Phase II allowance allocations for each unit
 subject to the requirements of section 405. Subject to the provisions of
 section 416, the Administrator shall allocate allowances for each affected
 unit at an affected source annually, as provided in paragraphs (2) and (3)
 and section 408. Except as provided in sections 409 and 410, the removal
 of an existing affected unit or source from commercial operation at any
 time after the date of the enactment of the Clean Air Act Amendments of
 1990 (whether before or after January 1, 1995, or January 1, 2000) shall
 not terminate or otherwise affect the allocation of allowances pursuant
 to section 404 or 405 to which the unit is entitled.  Allowances shall be
 allocated by the Administrator without cost to the recipient, except for
 allowances sold by the Administrator pursuant to section 416. Not later
 than December 31, 1991, the Administrator shall publish a proposed list
 of the basic Phase II allowance allocations, the Phase II bonus allowance
 allocations and, if applicable, allocations pursuant to section 405(a)(3)
 for each unit subject to the emissions limitation requirements of section
 405 for the year 2000 and the year 2010. After notice and opportunity for
 public comment, but not later than December 31, 1992, the Administrator
 shall publish a final list of such allocations, subject to the provisions
 of section 405(a)(2). Any owner or operator of an existing unit subject
 to the requirements of section 405(b) or (c) who is considering applying
 for an extension of the emission limitation requirement compliance deadline
 for that unit from January 1, 2000, until not later than December 31, 2000,
 pursuant to section 409, shall notify the Administrator no later than March
 31, 1991. Such notification shall be used as the basis for estimating the
 basic Phase II allowances under this subsection. Prior to June 1, 1998,
 the Administrator shall publish a revised final statement of allowance
 allocations, subject to the provisions of section 405(a)(2) and taking
 into account the effect of any compliance date extensions granted pursuant
 to section 409 on such allocations. Any person who may make an election
 concerning the amount of allowances to be allocated to a unit or units shall
 make such election and so inform the Administrator not later than March 31,
 1991, in the case of an election under section 405 (or June 30, 1991, in the
 case of an election under section 406). If such person fails to make such
 election, the Administrator shall set forth for each unit owned or operated
 by such person, the amount of allowances reflecting the election that would,
 in the judgment of the Administrator, provide the greatest benefit for the
 owner or operator of the unit. If such person is a Governor who may make
 an election under section 406 and the Governor fails to make an election,
 the Administrator shall set forth for each unit in the State the amount
 of allowances reflecting the election that would, in the judgment of the
 Administrator, provide the greatest benefit for units in the State.
 `(b) ALLOWANCE TRANSFER SYSTEM- Allowances allocated under this title may
 be transferred among designated representatives of the owners or operators
 of affected sources under this title and any other person who holds such
 allowances, as provided by the allowance system regulations to be promulgated
 by the Administrator not later than eighteen months after the date of
 enactment of the Clean Air Act Amendments of 1990. Such regulations shall
 establish the allowance system prescribed under this section, including,
 but not limited to, requirements for the allocation, transfer, and use
 of allowances under this title. Such regulations shall prohibit the use
 of any allowance prior to the calendar year for which the allowance was
 allocated, and shall provide, consistent with the purposes of this title,
 for the identification of unused allowances, and for such unused allowances
 to be carried forward and added to allowances allocated in subsequent years,
 including allowances allocated to units subject to Phase I requirements
 (as described in section 404) which are applied to emissions limitations
 requirements in Phase II (as described in section 405). Transfers of
 allowances shall not be effective until written certification of the
 transfer, signed by a responsible official of each party to the transfer,
 is received and recorded by the Administrator. Such regulations shall permit
 the transfer of allowances prior to the issuance of such allowances. Recorded
 pre-allocation transfers shall be deducted by the Administrator from the
 number of allowances which would otherwise be allocated to the transferor,
 and added to those allowances allocated to the transferee. Pre-allocation
 transfers shall not affect the prohibition contained in this subsection
 against the use of allowances prior to the year for which they are allocated.
 `(c) INTERPOLLUTANT TRADING- Not later than January 1, 1994, the Administrator
 shall furnish to the Congress a study evaluating the environmental and
 economic consequences of amending this title to permit trading sulfur
 dioxide allowances for nitrogen oxides allowances.
 `(d) ALLOWANCE TRACKING SYSTEM- (1) The Administrator shall promulgate,
 not later than 18 months after the date of enactment of the Clean Air Act
 Amendments of 1990, a system for issuing, recording, and tracking allowances,
 which shall specify all necessary procedures and requirements for an
 orderly and competitive functioning of the allowance system. All allowance
 allocations and transfers shall, upon recordation by the Administrator, be
 deemed a part of each unit's permit requirements pursuant to section 408,
 without any further permit review and revision.
 `(2) In order to insure electric reliability, such regulations shall not
 prohibit or affect temporary increases and decreases in emissions within
 utility systems, power pools, or utilities entering into allowance pool
 agreements, that result from their operations, including emergencies and
 central dispatch, and such temporary emissions increases and decreases
 shall not require transfer of allowances among units nor shall it require
 recordation. The owners or operators of such units shall act through a
 designated representative.  Notwithstanding the preceding sentence, the
 total tonnage of emissions in any calendar year (calculated at the end
 thereof) from all units in such a utility system, power pool, or allowance
 pool agreements shall not exceed the total allowances for such units for
 the calendar year concerned.
 `(e) NEW UTILITY UNITS- After January 1, 2000, it shall be unlawful for a
 new utility unit to emit an annual tonnage of sulfur dioxide in excess of
 the number of allowances to emit held for the unit by the unit's owner or
 operator. Such new utility units shall not be eligible for an allocation
 of sulfur dioxide allowances under subsection (a)(1), unless the unit is
 subject to the provisions of subsection (g)(2) or (3) of section 405. New
 utility units may obtain allowances from any person, in accordance with
 this title. The owner or operator of any new utility unit in violation of
 this subsection shall be liable for fulfilling the obligations specified
 in section 411 of this title.
 `(f) NATURE OF ALLOWANCES- An allowance allocated under this title is
 a limited authorization to emit sulfur dioxide in accordance with the
 provisions of this title. Such allowance does not constitute a property
 right. Nothing in this title or in any other provision of law shall be
 construed to limit the authority of the United States to terminate or
 limit such authorization.  Nothing in this section relating to allowances
 shall be construed as affecting the application of, or compliance with,
 any other provision of this Act to an affected unit or source, including
 the provisions related to applicable National Ambient Air Quality Standards
 and State implementation plans.  Nothing in this section shall be construed
 as requiring a change of any kind in any State law regulating electric
 utility rates and charges or affecting any State law regarding such State
 regulation or as limiting State regulation (including any prudency review)
 under such a State law.  Nothing in this section shall be construed
 as modifying the Federal Power Act or as affecting the authority of the
 Federal Energy Regulatory Commission under that Act.  Nothing in this title
 shall be construed to interfere with or impair any program for competitive
 bidding for power supply in a State in which such program is established.
 Allowances, once allocated to a person by the Administrator, may be received,
 held, and temporarily or permanently transferred in accordance with this
 title and the regulations of the Administrator without regard to whether
 or not a permit is in effect under title V or section 408 with respect to
 the unit for which such allowance was originally allocated and recorded.
 Each permit under this title and each permit issued under title V for any
 affected unit shall provide that the affected unit may not emit an annual
 tonnage of sulfur dioxide in excess of the allowances held for that unit.
 `(g) PROHIBITION- It shall be unlawful for any person to hold, use, or
 transfer any allowance allocated under this title, except in accordance with
 regulations promulgated by the Administrator. It shall be unlawful for any
 affected unit to emit sulfur dioxide in excess of the number of allowances
 held for that unit for that year by the owner or operator of the unit. Upon
 the allocation of allowances under this title, the prohibition contained
 in the preceding sentence shall supersede any other emission limitation
 applicable under this title to the units for which such allowances are
 allocated. Allowances may not be used prior to the calendar year for which
 they are allocated. Nothing in this section or in the allowance system
 regulations shall relieve the Administrator of the Administrator's permitting,
 monitoring and enforcement obligations under this Act, nor relieve affected
 sources of their requirements and liabilities under this Act.
 `(h) COMPETITIVE BIDDING FOR POWER SUPPLY- Nothing in this title shall be
 construed to interfere with or impair any program for competitive bidding
 for power supply in a State in which such program is established.
 `(i) APPLICABILITY OF THE ANTITRUST LAWS-
 `(1) Nothing in this section affects--
 `(A) the applicability of the antitrust laws to the transfer, use, or sale
 of allowances, or
 `(B) the authority of the Federal Energy Regulatory Commission under any
 provision of law respecting unfair methods of competition or anticompetitive
 acts or practices.
 `(2) As used in this section, `antitrust laws' means those Acts set forth
 in section 1 of the Clayton Act (15 U.S.C. 12), as amended.
 `(j) PUBLIC UTILITY HOLDING COMPANY ACT- The acquisition or disposition of
 allowances pursuant to this title including the issuance of securities or
 the undertaking of any other financing transaction in connection with such
 allowances shall not be subject to the provisions of the Public Utility
 Holding Company Act of 1935.
`SEC. 404. PHASE I SULFUR DIOXIDE REQUIREMENTS.
 `(a) EMISSION LIMITATIONS- (1) After January 1, 1995, each source that
 includes one or more affected units listed in table A is an affected source
 under this section. After January 1, 1995, it shall be unlawful for any
 affected unit (other than an eligible phase I unit under section 404(d)(2))
 to emit sulfur dioxide in excess of the tonnage limitation stated as a
 total number of allowances in table A for phase I, unless (A) the emissions
 reduction requirements applicable to such unit have been achieved pursuant
 to subsection (b) or (d), or (B) the owner or operator of such unit holds
 allowances to emit not less than the unit's total annual emissions, except
 that, after January 1, 2000, the emissions limitations established in this
 section shall be superseded by those established in section 405. The owner
 or operator of any unit in violation of this section shall be fully liable
 for such violation including, but not limited to, liability for fulfilling
 the obligations specified in section 411.
 `(2) Not later than December 31, 1991, the Administrator shall determine
 the total tonnage of reductions in the emissions of sulfur dioxide from
 all utility units in calendar year 1995 that will occur as a result of
 compliance with the emissions limitation requirements of this section, and
 shall establish a reserve of allowances equal in amount to the number of tons
 determined thereby not to exceed a total of 3.50 million tons. In making such
 a determination, the Administrator shall compute for each unit subject to
 the emissions limitation requirements of this section the difference between:
 `(A) the product of its baseline multiplied by the lesser of each unit's
 allowable 1985 emissions rate and its actual 1985 emissions rate, divided
 by 2,000, and
 `(B) the product of each unit's baseline multiplied by 2.50 lbs/mmBtu
 divided by 2,000,
and sum the computations. The Administrator shall adjust the foregoing
calculation to reflect projected calendar year 1995 utilization of the units
subject to the emissions limitations of this title that the Administrator
finds would have occurred in the absence of the imposition of such
requirements. Pursuant to subsection (d), the Administrator shall allocate
allowances from the reserve established hereinunder until the earlier of such
time as all such allowances in the reserve are allocated or December 31, 1999.
 `(3) In addition to allowances allocated pursuant to paragraph (1), in
 each calendar year beginning in 1995 and ending in 1999, inclusive, the
 Administrator shall allocate for each unit on Table A that is located in the
 States of Illinois, Indiana, or Ohio (other than units at Kyger Creek, Clifty
 Creek and Joppa Steam), allowances in an amount equal to 200,000 multiplied
 by the unit's pro rata share of the total number of allowances allocated
 for all units on Table A in the 3 States (other than units at Kyger Creek,
 Clifty Creek, and Joppa Steam) pursuant to paragraph (1). Such allowances
 shall be excluded from the calculation of the reserve under paragraph (2).
 `(b) SUBSTITUTIONS- The owner or operator of an affected unit under subsection
 (a) may include in its section 408 permit application and proposed compliance
 plan a proposal to reassign, in whole or in part, the affected unit's sulfur
 dioxide reduction requirements to any other unit(s) under the control of
 such owner or operator. Such proposal shall specify--
 `(1) the designation of the substitute unit or units to which any part of the
 reduction obligations of subsection (a) shall be required, in addition to,
 or in lieu of, any original affected units designated under such subsection;
 `(2) the original affected unit's baseline, the actual and allowable 1985
 emissions rate for sulfur dioxide, and the authorized annual allowance
 allocation stated in table A;
 `(3) calculation of the annual average tonnage for calendar years 1985,
 1986, and 1987, emitted by the substitute unit or units, based on the
 baseline for each unit, as defined in section 402(d), multiplied by the
 lesser of the unit's actual or allowable 1985 emissions rate;
 `(4) the emissions rates and tonnage limitations that would be applicable
 to the original and substitute affected units under the substitution proposal;
 `(5) documentation, to the satisfaction of the Administrator, that the
 reassigned tonnage limits will, in total, achieve the same or greater
 emissions reduction than would have been achieved by the original affected
 unit and the substitute unit or units without such substitution; and
 `(6) such other information as the Administrator may require.
 `(c) ADMINISTRATOR'S ACTION ON SUBSTITUTION PROPOSALS- (1) The Administrator
 shall take final action on such substitution proposal in accordance with
 section 408(c) if the substitution proposal fulfills the requirements of this
 subsection. The Administrator may approve a substitution proposal in whole
 or in part and with such modifications or conditions as may be consistent
 with the orderly functioning of the allowance system and which will ensure
 the emissions reductions contemplated by this title. If a proposal does not
 meet the requirements of subsection (b), the Administrator shall disapprove
 it. The owner or operator of a unit listed in table A shall not substitute
 another unit or units without the prior approval of the Administrator.
 `(2) Upon approval of a substitution proposal, each substitute unit, and
 each source with such unit, shall be deemed affected under this title,
 and the Administrator shall issue a permit to the original and substitute
 affected source and unit in accordance with the approved substitution
 plan and section 408. The Administrator shall allocate allowances for the
 original and substitute affected units in accordance with the approved
 substitution proposal pursuant to section 403. It shall be unlawful for
 any source or unit that is allocated allowances pursuant to this section
 to emit sulfur dioxide in excess of the emissions limitation provided for
 in the approved substitution permit and plan unless the owner or operator
 of each unit governed by the permit and approved substitution plan holds
 allowances to emit not less than the units total annual emissions. The
 owner or operator of any original or substitute affected unit operated
 in violation of this subsection shall be fully liable for such violation,
 including liability for fulfilling the obligations specified in section 411
 of this title. If a substitution proposal is disapproved, the Administrator
 shall allocate allowances to the original affected unit or units in accordance
 with subsection (a).
 `(d) ELIGIBLE PHASE I EXTENSION UNITS- (1) The owner or operator of any
 affected unit subject to an emissions limitation requirement under this
 section may petition the Administrator in its permit application under
 section 408 for an extension of 2 years of the deadline for meeting such
 requirement, provided that the owner or operator of any such unit holds
 allowances to emit not less than the unit's total annual emissions for each
 of the 2 years of the period of extension. To qualify for such an extension,
 the affected unit must either employ a qualifying phase I technology, or
 transfer its phase I emissions reduction obligation to a unit employing
 a qualifying phase I technology. Such transfer shall be accomplished in
 accordance with a compliance plan, submitted and approved under section 408,
 that shall govern operations at all units included in the transfer, and that
 specifies the emissions reduction requirements imposed pursuant to this title.
 `(2) Such extension proposal shall--
 `(A) specify the unit or units proposed for designation as an eligible
 phase I extension unit;
 `(B) provide a copy of an executed contract, which may be contingent upon
 the Administrator approving the proposal, for the design engineering, and
 construction of the qualifying phase I technology for the extension unit,
 or for the unit or units to which the extension unit's emission reduction
 obligation is to be transferred;
 `(C) specify the unit's or units' baseline, actual 1985 emissions rate,
 allowable 1985 emissions rate, and projected utilization for calendar years
 1995 through 1999;
 `(D) require CEMS on both the eligible phase I extension unit or units and
 the transfer unit or units beginning no later than January 1, 1995; and
 `(E) specify the emission limitation and number of allowances expected to
 be necessary for annual operation after the qualifying phase I technology
 has been installed.
 `(3) The Administrator shall review and take final action on each extension
 proposal in order of receipt, consistent with section 408, and for an
 approved proposal shall designate the unit or units as an eligible phase I
 extension unit. The Administrator may approve an extension proposal in whole
 or in part, and with such modifications or conditions as may be necessary,
 consistent with the orderly functioning of the allowance system, and to
 ensure the emissions reductions contemplated by the title.
 `(4) In order to determine the number of proposals eligible for allocations
 from the reserve under subsection (a)(2) and the number of allowances
 remaining available after each proposal is acted upon, the Administrator
 shall reduce the total number of allowances remaining available in the
 reserve by the number of allowances calculated according to subparagraphs
 (A), (B) and (C) until either no allowances remain available in the reserve
 for further allocation or all approved proposals have been acted upon. If no
 allowances remain available in the reserve for further allocation before all
 proposals have been acted upon by the Administrator, any pending proposals
 shall be disapproved. The Administrator shall calculate allowances equal to--
 `(A) the difference between the lesser of the average annual emissions
 in calendar years 1988 and 1989 or the projected emissions tonnage for
 calendar year 1995 of each eligible phase I extension unit, as designated
 under paragraph (3), and the product of the unit's baseline multiplied by
 an emission rate of 2.50 lbs/mmBtu, divided by 2,000;
 `(B) the difference between the lesser of the average annual emissions
 in calendar years 1988 and 1989 or the projected emissions tonnage for
 calendar year 1996 of each eligible phase I extension unit, as designated
 under paragraph (3), and the product of the unit's baseline multiplied by
 an emission rate of 2.50 lbs/mmBtu, divided by 2,000; and
 `(C) the amount by which (i) the product of each unit's baseline multiplied
 by an emission rate of 1.20 lbs/mmBtu, divided by 2,000, exceeds (ii) the
 tonnage level specified under subparagraph (E) of paragraph (2) of this
 subsection multiplied by a factor of 3.
 `(5) Each eligible Phase I extension unit shall receive allowances determined
 under subsection (a)(1) or (c) of this section. In addition, for calendar year
 1995, the Administrator shall allocate to each eligible Phase I extension
 unit, from the allowance reserve created pursuant to subsection (a)(2),
 allowances equal to the difference between the lesser of the average annual
 emissions in calendar years 1988 and 1989 or its projected emissions tonnage
 for calendar year 1995 and the product of the unit's baseline multiplied by
 an emission rate of 2.50 lbs/mmBtu, divided by 2,000. In calendar year 1996,
 the Administrator shall allocate for each eligible unit, from the allowance
 reserve created pursuant to subsection (a)(2), allowances equal to the
 difference between the lesser of the average annual emissions in calendar
 years 1988 and 1989 or its projected emissions tonnage for calendar year
 1996 and the product of the unit's baseline multiplied by an emission rate
 of 2.50 lbs/mmBtu, divided by 2,000. It shall be unlawful for any source or
 unit subject to an approved extension plan under this subsection to emit
 sulfur dioxide in excess of the emissions limitations provided for in the
 permit and approved extension plan, unless the owner or operator of each
 unit governed by the permit and approved plan holds allowances to emit not
 less than the unit's total annual emissions.
 `(6) In addition to allowances specified in paragraph (5), the Administrator
 shall allocate for each eligible Phase I extension unit employing qualifying
 Phase I technology, for calendar years 1997, 1998, and 1999, additional
 allowances, from any remaining allowances in the reserve created pursuant
 to subsection (a)(2), following the reduction in the reserve provided for
 in paragraph (4), not to exceed the amount by which (A) the product of each
 eligible unit's baseline times an emission rate of 1.20 lbs/mmBtu, divided
 by 2,000, exceeds (B) the tonnage level specified under subparagraph (E)
 of paragraph (2) of this subsection.
 `(7) After January 1, 1997, in addition to any liability under this Act,
 including under section 411, if any eligible phase I extension unit employing
 qualifying phase I technology or any transfer unit under this subsection
 emits sulfur dioxide in excess of the annual tonnage limitation specified
 in the extension plan, as approved in paragraph (3) of this subsection,
 the Administrator shall, in the calendar year following such excess, deduct
 allowances equal to the amount of such excess from such unit's annual
 allowance allocation.
 `(e)(1) In the case of a unit that receives authorization from the Governor
 of the State in which such unit is located to make reductions in the
 emissions of sulfur dioxide prior to calendar year 1995 and that is part
 of a utility system that meets the following requirements: (A) the total
 coal-fired generation within the utility system as a percentage of total
 system generation decreased by more than 20 percent between January 1, 1980,
 and December 31, 1985; and (B) the weighted capacity factor of all coal-fired
 units within the utility system averaged over the period from January 1,
 1985, through December 31, 1987, was below 50 percent, the Administrator
 shall allocate allowances under this paragraph for the unit pursuant to this
 subsection. The Administrator shall allocate allowances for a unit that is
 an affected unit pursuant to section 405 (but is not also an affected unit
 under this section) and part of a utility system that includes 1 or more
 affected units under section 405 for reductions in the emissions of sulfur
 dioxide made during the period 1995-1999 if the unit meets the requirements
 of this subsection and the requirements of the preceding sentence, except
 that for the purposes of applying this subsection to any such unit, the
 prior year concerned as specified below, shall be any year after January 1,
 1995 but prior to January 1, 2000.
 `(2) In the case of an affected unit under this section described in
 subparagraph (A), the allowances allocated under this subsection for
 early reductions in any prior year may not exceed the amount which (A) the
 product of the unit's baseline multiplied by the unit's 1985 actual sulfur
 dioxide emission rate (in lbs. per mmBtu), divided by 2,000, exceeds (B)
 the allowances specified for such unit in Table A. In the case of an affected
 unit under section 405 described in subparagraph (A), the allowances awarded
 under this subsection for early reductions in any prior year may not exceed
 the amount by which (i) the product of the quantity of fossil fuel consumed
 by the unit (in mmBtu) in the prior year multiplied by the lesser of 2.50
 or the most stringent emission rate (in lbs. per mmBtu) applicable to the
 unit under the applicable implementation plan, divided by 2,000, exceeds
 (ii) the unit's actual tonnage of sulfur dioxide emission for the prior year
 concerned. Allowances allocated under this subsection for units referred to
 in subparagraph (A) may be allocated only for emission reductions achieved
 as a result of physical changes or changes in the method of operation
 made after the date of enactment of the Clean Air Act Amendments of 1990,
 including changes in the type or quality of fossil fuel consumed.
 `(3) In no event shall the provisions of this paragraph be interpreted as
 an event of force majeur or a commercial impractibility or in any other
 way as a basis for excused nonperformance by a utility system under a coal
 sales contract in effect before the date of enactment of the Clean Air Act
 Amendments of 1990.
`TABLE A- AFFECTED SOURCES AND UNITS IN PHASE I AND THEIR SULFUR DIOXIDE
ALLOWANCES (TONS)
-------------------------------------------------------------
 State               Plant Name Generator Phase I Allowances
-------------------------------------------------------------
 Alabama                Colbert         1             13,570
                                        2             15,310
                                        3             15,400
                                        4             15,410
                                        5             37,180
                    E.C. Gaston         1             18,100
                                        2             18,540
                                        3             18,310
                                        4             19,280
                                        5             59,840
 Florida               Big Bend         1             28,410
                                        2             27,100
                                        3             26,740
                          Crist         6             19,200
                                        7             31,680
 Georgia                  Bowen         1             56,320
                                        2             54,770
                                        3             71,750
                                        4             71,740
                        Hammond         1              8,780
                                        2              9,220
                                        3              8,910
                                        4             37,640
                   J. McDonough         1             19,910
                                        2             20,600
                        Wansley         1             70,770
                                        2             65,430
                          Yates         1              7,210
                                        2              7,040
                                        3              6,950
                                        4              8,910
                                        5              9,410
                                        6             24,760
                                        7             21,480
 Illinois               Baldwin         1             42,010
                                        2             44,420
                                        3             42,550
                        Coffeen         1             11,790
                                        2             35,670
                    Grand Tower         4              5,910
                       Hennepin         2             18,410
                    Joppa Steam         1             12,590
                                        2             10,770
                                        3             12,270
                                        4             11,360
                                        5             11,420
                                        6             10,620
                        Kincaid         1             31,530
                                        2             33,810
                      Meredosia         3             13,890
                      Vermilion         2              8,880
 Indiana                 Bailly         7             11,180
                                        8             15,630
                          Breed         1             18,500
                         Cayuga         1             33,370
                                        2             34,130
                   Clifty Creek         1             20,150
                                        2             19,810
                                        3             20,410
                                        4             20,080
                                        5             19,360
                                        6             20,380
                    E. W. Stout         5              3,880
                                        6              4,770
                                        7             23,610
                   F. B. Culley         2              4,290
                                        3             16,970
                    F. E. Ratts         1              8,330
                                        2              8,480
                         Gibson         1             40,400
                                        2             41,010
                                        3             41,080
                                        4             40,320
                H. T. Pritchard         6              5,770
                  Michigan City        12             23,310
                     Petersburg         1             16,430
                                        2             32,380
                   R. Gallagher         1              6,490
                                        2              7,280
                                        3              6,530
                                        4              7,650
                  Tanners Creek         4             24,820
                   Wabash River         1              4,000
                                        2              2,860
                                        3              3,750
                                        5              3,670
                                        6             12,280
                        Warrick         4             26,980
 Iowa                Burlington         1             10,710
                     Des Moines         7              2,320
                    George Neal         1              1,290
                      M.L. Kapp         2             13,800
                  Prairie Creek         4              8,180
                      Riverside         5              3,990
 Kansas                Quindaro         2              4,220
 Kentucky               Coleman         1             11,250
                                        2             12,840
                                        3             12,340
                         Cooper         1              7,450
                                        2             15,320
                     E.W. Brown         1              7,110
                                        2             10,910
                                        3             26,100
                    Elmer Smith         1              6,520
                                        2             14,410
                          Ghent         1             28,410
                    Green River         4              7,820
                  H.L. Spurlock         1             22,780
                   Henderson II         1             13,340
                                        2             12,310
                       Paradise         3             59,170
                        Shawnee        10             10,170
 Maryland           Chalk Point         1             21,910
                                        2             24,330
                    C. P. Crane         1             10,330
                                        2              9,230
                     Morgantown         1             35,260
                                        2             38,480
 Michigan        J. H. Campbell         1             19,280
                                        2             23,060
 Minnesota          High Bridge         6              4,270
 Mississippi        Jack Watson         4             17,910
                                        5             36,700
 Missouri                Asbury         1             16,190
                    James River         5              4,850
                        Labadie         1             40,110
                                        2             37,710
                                        3             40,310
                                        4             35,940
                       Montrose         1              7,390
                                        2              8,200
                                        3             10,090
                     New Madrid         1             28,240
                                        2             32,480
                         Sibley         3             15,580
                          Sioux         1             22,570
                                        2             23,690
                    Thomas Hill         1             10,250
                                        2             19,390
 New
  Hampshire           Merrimack         1             10,190
                                        2             22,000
 New Jersey        B.L. England         1              9,060
                                        2             11,720
 New York               Dunkirk         3             12,600
                                        4             14,060
                      Greenidge         4              7,540
                       Milliken         1             11,170
                                        2             12,410
                      Northport         1             19,810
                                        2             24,110
                                        3             26,480
                 Port Jefferson         3             10,470
                                        4             12,330
 Ohio                 Ashtabula         5             16,740
                      Avon Lake         8             11,650
                                        9             30,480
                       Cardinal         1             34,270
                                        2             38,320
                     Conesville         1              4,210
                                        2              4,890
                                        3              5,500
                                        4             48,770
                       Eastlake         1              7,800
                                        2              8,640
                                        3             10,020
                                        4             14,510
                                        5             34,070
                      Edgewater         4              5,050
                Gen. J.M. Gavin         1             79,080
                                        2             80,560
                    Kyger Creek         1             19,280
                                        2             18,560
                                        3             17,910
                                        4             18,710
                                        5             18,740
                     Miami Fort         5                760
                                        6             11,380
                                        7             38,510
                Muskingum River         1             14,880
                                        2             14,170
                                        3             13,950
                                        4             11,780
                                        5             40,470
                          Niles         1              6,940
                                        2              9,100
                         Picway         5              4,930
                    R.E. Burger         3              6,150
                                        4             10,780
                                        5             12,430
                    W.H. Sammis         5             24,170
                                        6             39,930
                                        7             43,220
                  W.C. Beckjord         5              8,950
                                        6             23,020
 Pennsylvania         Armstrong         1             14,410
                                        2             15,430
                 Brunner Island         1             27,760
                                        2             31,100
                                        3             53,820
                       Cheswick         1             39,170
                      Conemaugh         1             59,790
                                        2             66,450
               Hatfield's Ferry         1             37,830
                                        2             37,320
                                        3             40,270
                  Martins Creek         1             12,660
                                        2             12,820
                       Portland         1              5,940
                                        2             10,230
                      Shawville         1             10,320
                                        2             10,320
                                        3             14,220
                                        4             14,070
                        Sunbury         3              8,760
                                        4             11,450
 Tennessee                Allen         1             15,320
                                        2             16,770
                                        3             15,670
                     Cumberland         1             86,700
                                        2             94,840
                       Gallatin         1             17,870
                                        2             17,310
                                        3             20,020
                                        4             21,260
                   Johnsonville         1              7,790
                                        2              8,040
                                        3              8,410
                                        4              7,990
                                        5              8,240
                                        6              7,890
                                        7              8,980
                                        8              8,700
                                        9              7,080
                                       10              7,550
 West Virginia         Albright         3             12,000
                    Fort Martin         1             41,590
                                        2             41,200
                       Harrison         1             48,620
                                        2             46,150
                                        3             41,500
                         Kammer         1             18,740
                                        2             19,460
                                        3             17,390
                       Mitchell         1             43,980
                                        2             45,510
                    Mount Storm         1             43,720
                                        2             35,580
                                        3             42,430
 Wisconsin            Edgewater         4             24,750
                La Crosse/Genoa         3             22,700
                   Nelson Dewey         1              6,010
                                        2              6,680
                   N. Oak Creek         1              5,220
                                        2              5,140
                                        3              5,370
                                        4              6,320
                        Pulliam         8              7,510
                   S. Oak Creek         5              9,670
                                        6             12,040
                                        7             16,180
                                        8             15,790
-------------------------------------------------------------
 `(f) ENERGY CONSERVATION AND RENEWABLE ENERGY-
 `(1) DEFINITIONS- As used in this subsection:
 `(A) QUALIFIED ENERGY CONSERVATION MEASURE- The term `qualified energy
 conservation measure' means a cost effective measure, as identified by the
 Administrator in consultation with the Secretary of Energy, that increases
 the efficiency of the use of electricity provided by an electric utility
 to its customers.
 `(B) QUALIFIED RENEWABLE ENERGY- The term `qualified renewable energy'
 means energy derived from biomass, solar, geothermal, or wind as identified
 by the Administrator in consultation with the Secretary of Energy.
 `(C) ELECTRIC UTILITY- The term `electric utility' means any person, State
 agency, or Federal agency, which sells electric energy.
 `(2) ALLOWANCES FOR EMISSIONS AVOIDED THROUGH ENERGY CONSERVATION AND
 RENEWABLE ENERGY-
 `(A) IN GENERAL- The regulations under paragraph (4) of this subsection
 shall provide that for each ton of sulfur dioxide emissions avoided by
 an electric utility, during the applicable period, through the use of
 qualified energy conservation measures or qualified renewable energy, the
 Administrator shall allocate a single allowance to such electric utility,
 on a first-come-first-served basis from the Conservation and Renewable
 Energy Reserve established under subsection (g), up to a total of 300,000
 allowances for allocation from such Reserve.
 `(B) REQUIREMENTS FOR ISSUANCE- The Administrator shall allocate allowances
 to an electric utility under this subsection only if all of the following
 requirements are met:
 `(i) Such electric utility is paying for the qualified energy conservation
 measures or qualified renewable energy directly or through purchase from
 another person.
 `(ii) The emissions of sulfur dioxide avoided through the use of qualified
 energy conservation measures or qualified renewable energy are quantified
 in accordance with regulations promulgated by the Administrator under
 this subsection.
 `(iii)(I) Such electric utility has adopted and is implementing a least
 cost energy conservation and electric power plan which evaluates a range of
 resources, including new power supplies, energy conservation, and renewable
 energy resources, in order to meet expected future demand at the lowest
 system cost.
 `(II) The qualified energy conservation measures or qualified renewable
 energy, or both, are consistent with that plan.
 `(III) Electric utilities subject to the jurisdiction of a State regulatory
 authority must have such plan approved by such authority. For electric
 utilities not subject to the jurisdiction of a State regulatory authority
 such plan shall be approved by the entity with rate-making authority for
 such utility.
 `(iv) In the case of qualified energy conservation measures undertaken by
 a State regulated electric utility, the Secretary of Energy certifies that
 the State regulatory authority with jurisdiction over the electric rates of
 such electric utility has established rates and charges which ensure that
 the net income of such electric utility after implementation of specific
 cost effective energy conservation measures is at least as high as such
 net income would have been if the energy conservation measures had not
 been implemented. Upon the date of any such certification by the Secretary
 of Energy, all allowances which, but for this paragraph, would have been
 allocated under subparagraph (A) before such date, shall be allocated
 to the electric utility. This clause is not a requirement for qualified
 renewable energy.
 `(v) Such utility or any subsidiary of the utility's holding company owns
 or operates at least one affected unit.
 `(C) PERIOD OF APPLICABILITY- Allowances under this subsection shall be
 allocated only with respect to kilowatt hours of electric energy saved by
 qualified energy conservation measures or generated by qualified renewable
 energy after January 1, 1992 and before the earlier of (i) December 31, 2000,
 or (ii) the date on which any electric utility steam generating unit owned
 or operated by the electric utility to which the allowances are allocated
 becomes subject to this title (including those sources that elect to become
 affected by this title, pursuant to section 410).
 `(D) DETERMINATION OF AVOIDED EMISSIONS-
 `(i) APPLICATION- In order to receive allowances under this subsection,
 an electric utility shall make an application which--
 `(I) designates the qualified energy conservation measures implemented and the
 qualified renewable energy sources used for purposes of avoiding emissions,
 `(II) calculates, in accordance with subparagraphs (F) and (G), the number
 of tons of emissions avoided by reason of the implementation of such measures
 or the use of such renewable energy sources; and
 `(III) demonstrates that the requirements of subparagraph (B) have been met.
Such application for allowances by a State-regulated electric utility
shall require approval by the State regulatory authority with jurisdiction
over such electric utility. The authority shall review the application
for accuracy and compliance with this subsection and the rules under this
subsection. Electric utilities whose retail rates are not subject to the
jurisdiction of a State regulatory authority shall apply directly to the
Administrator for such approval.
 `(E) AVOIDED EMISSIONS FROM QUALIFIED ENERGY CONSERVATION MEASURES- For
 the purposes of this subsection, the emission tonnage deemed avoided by
 reason of the implementation of qualified energy conservation measures for
 any calendar year shall be a tonnage equal to the product of multiplying--
 `(i) the kilowatt hours that would otherwise have been supplied by the
 utility during such year in the absence of such qualified energy conservation
 measures, by
 `(ii) 0.004,
and dividing by 2,000.
 `(F) AVOIDED EMISSIONS FROM THE USE OF QUALIFIED RENEWABLE ENERGY-
 The emissions tonnage deemed avoided by reason of the use of qualified
 renewable energy by an electric utility for any calendar year shall be a
 tonnage equal to the product of multiplying--
 `(i) the actual kilowatt hours generated by, or purchased from, qualified
 renewable energy, by
 `(ii) 0.004,
and dividing by 2,000.
 `(G) PROHIBITIONS- (i) No allowances shall be allocated under this subsection
 for the implementation of programs that are exclusively informational or
 educational in nature.
 `(ii) No allowances shall be allocated for energy conservation measures or
 renewable energy that were operational before January 1, 1992.
 `(3) SAVINGS PROVISION- Nothing in this subsection precludes a State or State
 regulatory authority from providing additional incentives to utilities to
 encourage investment in demand-side resources.
 `(4) REGULATIONS- Not later than 18 months after the date of the enactment of
 the Clean Air Act Amendments of 1990 and in conjunction with the regulations
 required to be promulgated under subsections (b) and (c), the Administrator
 shall, in consultation with the Secretary of Energy, promulgate regulations
 under this subsection. Such regulations shall list energy conservation
 measures and renewable energy sources which may be treated as qualified
 energy conservation measures and qualified renewable energy for purposes
 of this subsection. Allowances shall only be allocated if all requirements
 of this subsection and the rules promulgated to implement this subsection
 are complied with. The Administrator shall review the determinations of each
 State regulatory authority under this subsection to encourage consistency from
 electric utility to electric utility and from State to State in accordance
 with the Administrator's rules. The Administrator shall publish the findings
 of this review no less than annually.
 `(g) CONSERVATION AND RENEWABLE ENERGY RESERVE- The Administrator
 shall establish a Conservation and Renewable Energy Reserve under this
 subsection. Beginning on January 1, 1995, the Administrator may allocate
 from the Conservation and Renewable Energy Reserve an amount equal to a
 total of 300,000 allowances for emissions of sulfur dioxide pursuant to
 section 403. In order to provide 300,000 allowances for such reserve,
 in each year beginning in calendar year 2000 and until calendar year
 2009, inclusive, the Administrator shall reduce each unit's basic Phase
 II allowance allocation on the basis of its pro rata share of 30,000
 allowances. If allowances remain in the reserve after January 2, 2010,
 the Administrator shall allocate such allowances for affected units under
 section 405 on a pro rata basis. For purposes of this subsection, for any
 unit subject to the emissions limitation requirements of section 405, the
 term `pro rata basis' refers to the ratio which the reductions made in such
 unit's allowances in order to establish the reserve under this subsection
 bears to the total of such reductions for all such units.
 `(h) ALTERNATIVE ALLOWANCE ALLOCATION FOR UNITS IN CERTAIN UTILITY SYSTEMS
 WITH OPTIONAL BASELINE-
 `(1) OPTIONAL BASELINE FOR UNITS IN CERTAIN SYSTEMS- In the case of a unit
 subject to the emissions limitation requirements of this section which
 (as of the date of the enactment of the Clean Air Act Amendments of 1990)--
 `(A) has an emission rate below 1.0 lbs/mmBtu,
 `(B) has decreased its sulfur dioxide emissions rate by 60 percent or
 greater since 1980, and
 `(C) is part of a utility system which has a weighted average sulfur dioxide
 emissions rate for all fossil fueled-fired units below 1.0 lbs/mmBtu,
at the election of the owner or operator of such unit, the unit's baseline may
be calculated (i) as provided under section 402(d), or (ii) by utilizing the
unit's average annual fuel consumption at a 60 percent capacity factor. Such
election shall be made no later than March 1, 1991.
 `(2) ALLOWANCE ALLOCATION- Whenever a unit referred to in paragraph (1)
 elects to calculate its baseline as provided in clause (ii) of paragraph
 (1), the Administrator shall allocate allowances for the unit pursuant to
 section 403(a)(1), this section, and section 405 (as basic Phase II allowance
 allocations) in an amount equal to the baseline selected multiplied by the
 lower of the average annual emission rate for such unit in 1989, or 1.0
 lbs./mmBtu. Such allowance allocation shall be in lieu of any allocation
 of allowances under this section and section 405.
`SEC. 405. PHASE II SULFUR DIOXIDE REQUIREMENTS.
 `(a) APPLICABILITY- (1) After January 1, 2000, each existing utility unit
 as provided below is subject to the limitations or requirements of this
 section. Each utility unit subject to an annual sulfur dioxide tonnage
 emission limitation under this section is an affected unit under this
 title. Each source that includes one or more affected units is an affected
 source. In the case of an existing unit that was not in operation during
 calendar year 1985, the emission rate for a calendar year after 1985, as
 determined by the Administrator, shall be used in lieu of the 1985 rate. The
 owner or operator of any unit operated in violation of this section shall
 be fully liable under this Act for fulfilling the obligations specified in
 section 411 of this title.
 `(2) In addition to basic Phase II allowance allocations, in each year
 beginning in calendar year 2000 and ending in calendar year 2009, inclusive,
 the Administrator shall allocate up to 530,000 Phase II bonus allowances
 pursuant to subsections (b)(2), (c)(4), (d)(3)(A) and (B), and (h)(2) of
 this section and section 406. Not later than June 1, 1998, the Administrator
 shall calculate, for each unit granted an extension pursuant to section 409
 the difference between (A) the number of allowances allocated for the unit
 in calendar year 2000, and (B) the product of the unit's baseline multiplied
 by 1.20 lbs/mmBtu, divided by 2000, and sum the computations. In each year,
 beginning in calendar year 2000 and ending in calendar year 2009, inclusive,
 the Administrator shall deduct from each unit's basic Phase II allowance
 allocation its pro rata share of 10 percent of the sum calculated pursuant
 to the preceding sentence.
 `(3) In addition to basic Phase II allowance allocations and Phase II bonus
 allowance allocations, beginning January 1, 2000, the Administrator shall
 allocate for each unit listed on Table A in section 404 (other than units
 at Kyger Creek, Clifty Creek, and Joppa Steam) and located in the States
 of Illinois, Indiana, Ohio, Georgia, Alabama, Missouri, Pennsylvania,
 West Virginia, Kentucky, or Tennessee allowances in an amount equal to
 50,000 multiplied by the unit's pro rata share of the total number of basic
 allowances allocated for all units listed on Table A (other than units at
 Kyger Creek, Clifty Creek, and Joppa Steam). Allowances allocated pursuant
 to this paragraph shall not be subject to the 8,900,000 ton limitation in
 section 403(a).
 `(b) UNITS EQUAL TO, OR ABOVE, 75 MWE AND 1.20 LBS/MMBTU- (1) Except as
 otherwise provided in paragraph (3), after January 1, 2000, it shall be
 unlawful for any existing utility unit that serves a generator with nameplate
 capacity equal to, or greater, than 75 MWe and an actual 1985 emission rate
 equal to or greater than 1.20 lbs/mmBtu to exceed an annual sulfur dioxide
 tonnage emission limitation equal to the product of the unit's baseline
 multiplied by an emission rate equal to 1.20 lbs/mmBtu, divided by 2,000,
 unless the owner or operator of such unit holds allowances to emit not less
 than the unit's total annual emissions.
 `(2) In addition to allowances allocated pursuant to paragraph (1) and
 section 403(a)(1) as basic Phase II allowance allocations, beginning January
 1, 2000, and for each calendar year thereafter until and including 2009,
 the Administrator shall allocate annually for each unit subject to the
 emissions limitation requirements of paragraph (1) with an actual 1985
 emissions rate greater than 1.20 lbs/mmBtu and less than 2.50 lbs/mmBtu
 and a baseline capacity factor of less than 60 percent, allowances from
 the reserve created pursuant to subsection (a)(2) in an amount equal to
 1.20 lbs/mmBtu multiplied by 50 percent of the difference, on a Btu basis,
 between the unit's baseline and the unit's fuel consumption at a 60 percent
 capacity factor.
 `(3) After January 1, 2000, it shall be unlawful for any existing utility
 unit with an actual 1985 emissions rate equal to or greater than 1.20
 lbs/mmBtu whose annual average fuel consumption during 1985, 1986, and 1987
 on a Btu basis exceeded 90 percent in the form of lignite coal which is
 located in a State in which, as of July 1, 1989, no county or portion of
 a county was designated nonattainment under section 107 of this Act for
 any pollutant subject to the requirements of section 109 of this Act to
 exceed an annual sulfur dioxide tonnage limitation equal to the product
 of the unit's baseline multiplied by the lesser of the unit's actual 1985
 emissions rate or its allowable 1985 emissions rate, divided by 2,000,
 unless the owner or operator of such unit holds allowances to emit not less
 than the unit's total annual emissions.
 `(4) After January 1, 2000, the Administrator shall allocate annually for
 each unit, subject to the emissions limitation requirements of paragraph
 (1), which is located in a State with an installed electrical generating
 capacity of more than 30,000,000 kw in 1988 and for which was issued a
 prohibition order or a proposed prohibition order (from burning oil), which
 unit subsequently converted to coal between January 1, 1980 and December 31,
 1985, allowances equal to the difference between (A) the product of the
 unit's annual fuel consumption, on a Btu basis, at a 65 percent capacity
 factor multiplied by the lesser of its actual or allowable emissions rate
 during the first full calendar year after conversion, divided by 2,000, and
 (B) the number of allowances allocated for the unit pursuant to paragraph (1):
 Provided, That the number of allowances allocated pursuant to this paragraph
 shall not exceed an annual total of five thousand. If necessary to meeting the
 restriction imposed in the preceding sentence the Administrator shall reduce,
 pro rata, the annual allowances allocated for each unit under this paragraph.
 `(c) COAL OR OIL-FIRED UNITS BELOW 75 MWE AND ABOVE 1.20 LBS/MMBTU- (1)
 Except as otherwise provided in paragraph (3), after January 1, 2000, it
 shall be unlawful for a coal or oil-fired existing utility unit that serves
 a generator with nameplate capacity of less than 75 MWe and an actual 1985
 emission rate equal to, or greater than, 1.20 lbs/mmBtu and which is a unit
 owned by a utility operating company whose aggregate nameplate fossil fuel
 steam-electric capacity is, as of December 31, 1989, equal to, or greater
 than, 250 MWe to exceed an annual sulfur dioxide emissions limitation equal
 to the product of the unit's baseline multiplied by an emission rate equal
 to 1.20 lbs/mmBtu, divided by 2,000, unless the owner or operator of such
 unit holds allowances to emit not less than the unit's total annual emissions.
 `(2) After January 1, 2000, it shall be unlawful for a coal or oil-fired
 existing utility unit that serves a generator with nameplate capacity of
 less than 75 MWe and an actual 1985 emission rate equal to, or greater than,
 1.20 lbs/mmBtu (excluding units subject to section 111 of the Act or to a
 federally enforceable emissions limitation for sulfur dioxide equivalent
 to an annual rate of less than 1.20 lbs/mmBtu) and which is a unit owned
 by a utility operating company whose aggregate nameplate fossil fuel
 steam-electric capacity is, as of December 31, 1989, less than 250 MWe,
 to exceed an annual sulfur dioxide tonnage emissions limitation equal to
 the product of the unit's baseline multiplied by the lesser of its actual
 1985 emissions rate or its allowable 1985 emissions rate, divided by 2,000,
 unless the owner or operator of such unit holds allowances to emit not less
 than the unit's total annual emissions.
 `(3) After January 1, 2000, it shall be unlawful for any existing utility
 unit with a nameplate capacity below 75 MWe and an actual 1985 emissions
 rate equal to, or greater than, 1.20 lbs/mmBtu which became operational on
 or before December 31, 1965, which is owned by a utility operating company
 with, as of December 31, 1989, a total fossil fuel steam-electric generating
 capacity greater than 250 MWe, and less than 450 MWe which serves fewer
 than 78,000 electrical customers as of the date of enactment of the Clean
 Air Act Amendments of 1990 to exceed an annual sulfur dioxide emissions
 tonnage limitation equal to the product of its baseline multiplied by the
 lesser of its actual or allowable 1985 emission rate, divided by 2,000,
 unless the owner or operator holds allowances to emit not less than the
 units total annual emissions. After January 1, 2010, it shall be unlawful
 for each unit subject to the emissions limitation requirements of this
 paragraph to exceed an annual emissions tonnage limitation equal to the
 product of its baseline multiplied by an emissions rate of 1.20 lbs/mmBtu,
 divided by 2,000, unless the owner or operator holds allowances to emit
 not less than the unit's total annual emissions.
 `(4) In addition to allowances allocated pursuant to paragraph (1) and section
 403(a)(1) as basic Phase II allowance allocations, beginning January 1, 2000,
 and for each calendar year thereafter until and including 2009, inclusive,
 the Administrator shall allocate annually for each unit subject to the
 emissions limitation requirements of paragraph (1) with an actual 1985
 emissions rate equal to, or greater than, 1.20 lbs/mmBtu and less than
 2.50 lbs/mmBtu and a baseline capacity factor of less than 60 percent,
 allowances from the reserve created pursuant to subsection (a)(2) in an
 amount equal to 1.20 lbs/mmBtu multiplied by 50 percent of the difference,
 on a Btu basis, between the unit's baseline and the unit's fuel consumption
 at a 60 percent capacity factor.
 `(5) After January 1, 2000, it shall be unlawful for any existing utility
 unit with a nameplate capacity below 75 MWe and an actual 1985 emissions rate
 equal to, or greater than, 1.20 lbs/mmBtu which is part of an electric utility
 system which, as of the date of the enactment of the Clean Air Act Amendments
 of 1990, (A) has at least 20 percent of its fossil-fuel capacity controlled
 by flue gas desulfurization devices, (B) has more than 10 percent of its
 fossil-fuel capacity consisting of coal-fired units of less than 75 MWe,
 and (C) has large units (greater than 400 MWe) all of which have difficult
 or very difficult FGD Retrofit Cost Factors (according to the Emissions and
 the FGD Retrofit Feasibility at the 200 Top Emitting Generating Stations,
 prepared for the United States Environmental Protection Agency on January 10,
 1986) to exceed an annual sulfur dioxide emissions tonnage limitation equal to
 the product of its baseline multiplied by an emissions rate of 2.5 lbs/mmBtu,
 divided by 2,000, unless the owner or operator holds allowances to emit not
 less than the unit's total annual emissions. After January 1, 2010, it shall
 be unlawful for each unit subject to the emissions limitation requirements of
 this paragraph to exceed an annual emissions tonnage limitation equal to the
 product of its baseline multiplied by an emissions rate of 1.20 lbs/mmBtu,
 divided by 2,000, unless the owner or operator holds for use allowances to
 emit not less than the unit's total annual emissions.
 `(d) COAL-FIRED UNITS BELOW 1.20 LBS/MMBTU- (1) After January 1, 2000,
 it shall be unlawful for any existing coal-fired utility unit the lesser
 of whose actual or allowable 1985 sulfur dioxide emissions rate is less
 than 0.60 lbs/mmBtu to exceed an annual sulfur dioxide tonnage emission
 limitation equal to the product of the unit's baseline multiplied by (A)
 the lesser of 0.60 lbs/mmBtu or the unit's allowable 1985 emissions rate,
 and (B) a numerical factor of 120 percent, divided by 2,000, unless the
 owner or operator of such unit holds allowances to emit not less than the
 unit's total annual emissions.
 `(2) After January 1, 2000, it shall be unlawful for any existing coal-fired
 utility unit the lesser of whose actual or allowable 1985 sulfur dioxide
 emissions rate is equal to, or greater than, 0.60 lbs/mmBtu and less than 1.20
 lbs/mmBtu to exceed an annual sulfur dioxide tonnage emissions limitation
 equal to the product of the unit's baseline multiplied by (A) the lesser of
 its actual 1985 emissions rate or its allowable 1985 emissions rate, and
 (B) a numerical factor of 120 percent, divided by 2,000, unless the owner
 or operator of such unit holds allowances to emit not less than the unit's
 total annual emissions.
 `(3)(A) In addition to allowances allocated pursuant to paragraph (1) and
 section 403(a)(1) as basic Phase II allowance allocations, at the election of
 the designated representative of the operating company, beginning January 1,
 2000, and for each calendar year thereafter until and including 2009, the
 Administrator shall allocate annually for each unit subject to the emissions
 limitation requirements of paragraph (1) allowances from the reserve created
 pursuant to subsection (a)(2) in an amount equal to the amount by which
 (i) the product of the lesser of 0.60 lbs/mmBtu or the unit's allowable
 1985 emissions rate multiplied by the unit's baseline adjusted to reflect
 operation at a 60 percent capacity factor, divided by 2,000, exceeds (ii)
 the number of allowances allocated for the unit pursuant to paragraph (1)
 and section 403(a)(1) as basic Phase II allowance allocations.
 `(B) In addition to allowances allocated pursuant to paragraph (2) and section
 403(a)(1) as basic Phase II allowance allocations, at the election of the
 designated representative of the operating company, beginning January 1,
 2000, and for each calendar year thereafter until and including 2009, the
 Administrator shall allocate annually for each unit subject to the emissions
 limitation requirements of paragraph (2) allowances from the reserve created
 pursuant to subsection (a)(2) in an amount equal to the amount by which (i)
 the product of the lesser of the unit's actual 1985 emissions rate or its
 allowable 1985 emissions rate multiplied by the unit's baseline adjusted to
 reflect operation at a 60 percent capacity factor, divided by 2,000, exceeds
 (ii) the number of allowances allocated for the unit pursuant to paragraph
 (2) and section 403(a)(1) as basic Phase II allowance allocations.
 `(C) An operating company with units subject to the emissions limitation
 requirements of this subsection may elect the allocation of allowances as
 provided under subparagraphs (A) and (B). Such election shall apply to the
 annual allowance allocation for each and every unit in the operating company
 subject to the emissions limitation requirements of this subsection. The
 Administrator shall allocate allowances pursuant to subparagraphs (A) and
 (B) only in accordance with this subparagraph.
 `(4) Notwithstanding any other provision of this section, at the election
 of the owner or operator, after January 1, 2000, the Administrator shall
 allocate in lieu of allocation, pursuant to paragraph (1), (2), (3), (5), or
 (6), allowances for a unit subject to the emissions limitation requirements of
 this subsection which commenced commercial operation on or after January 1,
 1981 and before December 31, 1985, which was subject to, and in compliance
 with, section 111 of the Act in an amount equal to the unit's annual fuel
 consumption, on a Btu basis, at a 65 percent capacity factor multiplied by
 the unit's allowable 1985 emissions rate, divided by 2,000.
 `(5) For the purposes of this section, in the case of an oil- and gas-fired
 unit which has been awarded a clean coal technology demonstration grant as
 of January 1, 1991, by the United States Department of Energy, beginning
 January 1, 2000, the Administrator shall allocate for the unit allowances
 in an amount equal to the unit's baseline multiplied by 1.20 lbs/mmBtu,
 divided by 2,000.
 `(e) OIL AND GAS-FIRED UNITS EQUAL TO OR GREATER THAN 0.60 LBS/MMBTU AND
 LESS THAN 1.20 LBS/MMBTU- After January 1, 2000, it shall be unlawful for
 any existing oil and gas-fired utility unit the lesser of whose actual or
 allowable 1985 sulfur dioxide emission rate is equal to, or greater than,
 0.60 lbs/mmBtu, but less than 1.20 lbs/mmBtu to exceed an annual sulfur
 dioxide tonnage limitation equal to the product of the unit's baseline
 multiplied by (A) the lesser of the unit's allowable 1985 emissions rate
 or its actual 1985 emissions rate and (B) a numerical factor of 120 percent
 divided by 2,000, unless the owner or operator of such unit holds allowances
 to emit not less than the unit's total annual emissions.
 `(f) OIL AND GAS-FIRED UNITS LESS THAN 0.60 LBS/MMBTU- (1) After January 1,
 2000, it shall be unlawful for any oil and gas-fired existing utility unit
 the lesser of whose actual or allowable 1985 emission rate is less than 0.60
 lbs/mmBtu and whose average annual fuel consumption during the period 1980
 through 1989 on a Btu basis was 90 percent or less in the form of natural
 gas to exceed an annual sulfur dioxide tonnage emissions limitation equal
 to the product of the unit's baseline multiplied by (A) the lesser of 0.60
 lbs/mmBtu or the unit's allowable 1985 emissions, and (B) a numerical factor
 of 120 percent, divided by 2,000, unless the owner or operator of such unit
 holds allowances to emit not less than the unit's total annual emissions.
 `(2) In addition to allowances allocated pursuant to paragraph (1) as basic
 Phase II allowance allocations and section 403(a)(1), beginning January
 1, 2000, the Administrator shall, in the case of any unit operated by a
 utility that furnishes electricity, electric energy, steam, and natural
 gas within an area consisting of a city and 1 contiguous county, and in
 the case of any unit owned by a State authority, the output of which unit
 is furnished within that same area consisting of a city and 1 contiguous
 county, the Administrator shall allocate for each unit in the utility its
 pro rata share of 7,000 allowances and for each unit in the State authority
 its pro rata share of 2,000 allowances.
 `(g) UNITS THAT COMMENCE OPERATION BETWEEN 1986 AND DECEMBER 31, 1995- (1)
 After January 1, 2000, it shall be unlawful for any utility unit that has
 commenced commercial operation on or after January 1, 1986, but not later
 than September 30, 1990 to exceed an annual tonnage emission limitation
 equal to the product of the unit's annual fuel consumption, on a Btu basis,
 at a 65 percent capacity factor multiplied by the unit's allowable 1985
 sulfur dioxide emission rate (converted, if necessary, to pounds per mmBtu),
 divided by 2,000 unless the owner or operator of such unit holds allowances
 to emit not less than the unit's total annual emissions.
 `(2) After January 1, 2000, the Administrator shall allocate allowances
 pursuant to section 403 to each unit which is listed in table B of this
 paragraph in an annual amount equal to the amount specified in table B.
TABLE B
Unit
Allowances
Brandon Shores
--8,907
Miller 4
--9,197
TNP One 2
--4,000
Zimmer 1
--18,458
Spruce 1
--7,647
Clover 1
--2,796
Clover 2
--2,796
Twin Oak 2
--1,760
Twin Oak 1
--9,158
Cross 1
--6,401
Malakoff 1
--1,759
Notwithstanding any other paragraph of this subsection, for units subject to
this paragraph, the Administrator shall not allocate allowances pursuant to
any other paragraph of this subsection, Provided that the owner or operator of
a unit listed on Table B may elect an allocation of allowances under another
paragraph of this subsection in lieu of an allocation under this paragraph.
 `(3) Beginning January 1, 2000, the Administrator shall allocate to the
 owner or operator of any utility unit that commences commercial operation,
 or has commenced commercial operation, on or after October 1, 1990, but not
 later than December 31, 1992 allowances in an amount equal to the product
 of the unit's annual fuel consumption, on a Btu basis, at a 65 percent
 capacity factor multiplied by the lesser of 0.30 lbs/mmBtu or the unit's
 allowable sulfur dioxide emission rate (converted, if necessary, to pounds
 per mmBtu), divided by 2,000.
 `(4) Beginning January 1, 2000, the Administrator shall allocate to the
 owner or operator of any utility unit that has commenced construction before
 December 31, 1990 and that commences commercial operation between January 1,
 1993 and December 31, 1995, allowances in an amount equal to the product of
 the unit's annual fuel consumption, on a Btu basis, at a 65 percent capacity
 factor multiplied by the lesser of 0.30 lbs/mmBtu or the unit's allowable
 sulfur dioxide emission rate (converted, if necessary, to pounds per mmBtu),
 divided by 2,000.
 `(5) After January 1, 2000, it shall be unlawful for any existing utility
 unit that has completed conversion from predominantly gas fired existing
 operation to coal fired operation between January 1, 1985 and December 31,
 1987, for which there has been allocated a proposed or final prohibition
 order pursuant to section 301(b) of the Powerplant and Industrial Fuel Use
 Act of 1978 (42 U.S.C. 8301 et seq, repealed 1987) to exceed an annual
 sulfur dioxide tonnage emissions limitation equal to the product of the
 unit's annual fuel consumption, on a Btu basis, at a 65 percent capacity
 factor multiplied by the lesser of 1.20 lbs/mmBtu or the unit's allowable
 1987 sulfur dioxide emissions rate, divided by 2,000, unless the owner or
 operator of such unit has obtained allowances equal to its actual emissions.
 `(6)(A) Unless the Administrator has approved a designation of such facility
 under section 410, the provisions of this title shall not apply to a
 `qualifying small power production facility' or `qualifying cogeneration
 facility' (within the meaning of section 3(17)(C) or 3(18)(B) of the Federal
 Power Act) or to a `new independent power production facility' as defined in
 section 416 except that clause (iii) of such definition in section 416 shall
 not apply for purposes of this paragraph if, as of the date of enactment,
 `(i) an applicable power sales agreement has been executed; or
 `(ii) the facility is the subject of a State regulatory authority order
 requiring an electric utility to enter into a power sales agreement
 with, purchase capacity from, or (for purposes of establishing terms
 and conditions of the electric utility's purchase of power) enter into
 arbitration concerning, the facility;
 `(iii) an electric utility has issued a letter of intent or similar instrument
 committing to purchase power from the facility at a previously offered or
 lower price and a power sales agreement is executed within a reasonable
 period of time; or
 `(iv) the facility has been selected as a winning bidder in a utility
 competitive bid solicitation.
 `(h) OIL AND GAS-FIRED UNITS LESS THAN 10 PERCENT OIL CONSUMED- (1) After
 January 1, 2000, it shall be unlawful for any oil- and gas-fired utility
 unit whose average annual fuel consumption during the period 1980 through
 1989 on a Btu basis exceeded 90 percent in the form of natural gas to
 exceed an annual sulfur dioxide tonnage limitation equal to the product
 of the unit's baseline multiplied by the unit's actual 1985 emissions rate
 divided by 2,000 unless the owner or operator of such unit holds allowances
 to emit not less than the unit's total annual emissions.
 `(2) In addition to allowances allocated pursuant to paragraph (1) and
 section 403(a)(1) as basic Phase II allowance allocations, beginning January
 1, 2000, and for each calendar year thereafter until and including 2009,
 the Administrator shall allocate annually for each unit subject to the
 emissions limitation requirements of paragraph (1) allowances from the
 reserve created pursuant to subsection (a)(2) in an amount equal to the
 unit's baseline multiplied by 0.050 lbs/mmBtu, divided by 2,000.
 `(3) In addition to allowances allocated pursuant to paragraph (1)
 and section 403(a)(1), beginning January 1, 2010, the Administrator
 shall allocate annually for each unit subject to the emissions limitation
 requirements of paragraph (1) allowances in an amount equal to the unit's
 baseline multiplied by 0.050 lbs/mmBtu, divided by 2,000.
 `(i) UNITS IN HIGH GROWTH STATES- (1) In addition to allowances allocated
 pursuant to this section and section 403(a)(1) as basic Phase II allowance
 allocations, beginning January 1, 2000, the Administrator shall allocate
 annually allowances for each unit, subject to an emissions limitation
 requirement under this section, and located in a State that--
 `(A) has experienced a growth in population in excess of 25 percent between
 1980 and 1988 according to State Population and Household Estimates, With
 Age, Sex, and Components of Change: 1981-1988 allocated by the United States
 Department of Commerce, and
 `(B) had an installed electrical generating capacity of more than 30,000,000
 kw in 1988,
in an amount equal to the difference between (A) the number of allowances
that would be allocated for the unit pursuant to the emissions limitation
requirements of this section applicable to the unit adjusted to reflect
the unit's annual average fuel consumption on a Btu basis of any three
consecutive calendar years between 1980 and 1989 (inclusive) as elected by
the owner or operator and (B) the number of allowances allocated for the unit
pursuant to the emissions limitation requirements of this section: Provided,
That the number of allowances allocated pursuant to this subsection shall
not exceed an annual total of 40,000. If necessary to meeting the 40,000
allowance restriction imposed under this subsection the Administrator shall
reduce, pro rata, the additional annual allowances allocated to each unit
under this subsection.
 `(2) Beginning January 1, 2000, in addition to allowances allocated pursuant
 to this section and section 403(a)(1) as basic Phase II allowance allocations,
 the Administrator shall allocate annually for each unit subject to the
 emissions limitation requirements of subsection (b)(1), (A) the lesser of
 whose actual or allowable 1980 emissions rate has declined by 50 percent or
 more as of the date of enactment of the Clean Air Act Amendments of 1990,
 (B) whose actual emissions rate is less than 1.2 lbs/mmBtu as of January 1,
 2000, (C) which commenced operation after January 1, 1970, (D) which is owned
 by a utility company whose combined commercial and industrial kilowatt-hour
 sales have increased by more than 20 percent between calendar year 1980
 and the date of enactment of the Clean Air Act Amendments of 1990, and (E)
 whose company-wide fossil-fuel sulfur dioxide emissions rate has declined
 40 per centum or more from 1980 to 1988, allowances in an amount equal to
 the difference between (i) the number of allowances that would be allocated
 for the unit pursuant to the emissions limitation requirements of subsection
 (b)(1) adjusted to reflect the unit's annual average fuel consumption on a
 Btu basis for any three consecutive years between 1980 and 1989 (inclusive)
 as elected by the owner or operator and (ii) the number of allowances
 allocated for the unit pursuant to the emissions limitation requirements
 of subsection (b)(1): Provided, That the number of allowances allocated
 pursuant to this paragraph shall not exceed an annual total of 5,000. If
 necessary to meeting the 5,000-allowance restriction imposed in the last
 clause of the preceding sentence the Administrator shall reduce, pro rata,
 the additional allowances allocated to each unit pursuant to this paragraph.
 `(j) CERTAIN MUNICIPALLY OWNED POWER PLANTS- Beginning January 1, 2000,
 in addition to allowances allocated pursuant to this section and section
 403(a)(1) as basic Phase II allowance allocations, the Administrator shall
 allocate annually for each existing municipally owned oil and gas-fired
 utility unit with nameplate capacity equal to, or less than, 40 MWe, the
 lesser of whose actual or allowable 1985 sulfur dioxide  emission rate is
 less than 1.20 lbs/mmBtu, allowances in an amount equal to the product of
 the unit's annual fuel consumption on a Btu basis at a 60 percent capacity
 factor multiplied by the lesser of its allowable 1985 emission rate or its
 actual 1985 emission rate, divided by 2,000.
`SEC. 406. ALLOWANCES FOR STATES WITH EMISSIONS RATES AT OR BELOW 0.80
LBS/MMBTU.
 `(a) ELECTION OF GOVERNOR- In addition to basic Phase II allowance
 allocations, upon the election of the Governor of any State, with a 1985
 state-wide annual sulfur dioxide emissions rate equal to or less than, 0.80
 lbs/mmBtu, averaged over all fossil fuel-fired utility steam generating units,
 beginning January 1, 2000, and for each calendar year thereafter until and
 including 2009, the Administrator shall allocate, in lieu of other Phase II
 bonus allowance allocations, allowances from the reserve created pursuant
 to section 405(a)(2) to all such units in the State in an amount equal to
 125,000 multiplied by the unit's pro rata share of electricity generated in
 calendar year 1985 at fossil fuel-fired utility steam units in all States
 eligible for the election.
 `(b) NOTIFICATION OF ADMINISTRATOR- Pursuant to section 403(a)(1), each
 Governor of a State eligible to make an election under paragraph (a) shall
 notify the Administrator of such election. In the event that the Governor of
 any such State fails to notify the Administrator of the Governor's elections,
 the Administrator shall allocate allowances pursuant to section 405.
 `(c) ALLOWANCES AFTER JANUARY 1, 2010- After January 1, 2010, the
 Administrator shall allocate allowances to units subject to the provisions
 of this section pursuant to section 405.
`SEC. 407. NITROGEN OXIDES EMISSION REDUCTION PROGRAM.
 `(a) APPLICABILITY- On the date that a coal-fired utility unit becomes an
 affected unit pursuant to sections 404, 405, 409, or on the date a unit
 subject to the provisions of section 404(d) or 409(b), must meet the SO2
 reduction requirements, each such unit shall become an affected unit for
 purposes of this section and shall be subject to the emission limitations
 for nitrogen oxides set forth herein.
 `(b) EMISSION LIMITATIONS- (1) Not later than eighteen months after enactment
 of the Clean Air Act Amendments of 1990, the Administrator shall by regulation
 establish annual allowable emission limitations for nitrogen oxides for the
 types of utility boilers listed below, which limitations shall not exceed the
 rates listed below: Provided, That the Administrator may set a rate higher
 than that listed for any type of utility boiler if the Administrator finds
 that the maximum listed rate for that boiler type cannot be achieved using low
 NOx burner technology. The maximum allowable emission rates are as follows:
 `(A) for tangentially fired boilers, 0.45 lb/mmBtu;
 `(B) for dry bottom wall-fired boilers (other than units applying cell
 burner technology), 0.50 lb/mmBtu.
After January 1, 1995, it shall be unlawful for any unit that is an affected
unit on that date and is of the type listed in this paragraph to emit nitrogen
oxides in excess of the emission rates set by the Administrator pursuant to
this paragraph.
 `(2) Not later than January 1, 1997, the Administrator shall, by regulation,
 establish allowable emission limitations on a lb/mmBtu, annual average basis,
 for nitrogen oxides for the following types of utility boilers:
 `(A) wet bottom wall-fired boilers;
 `(B) cyclones;
 `(C) units applying cell burner technology;
 `(D) all other types of utility boilers.
The Administrator shall base such rates on the degree of reduction achievable
through the retrofit application of the best system of continuous emission
reduction, taking into account available technology, costs and energy and
environmental impacts; and which is comparable to the costs of nitrogen oxides
controls set pursuant to subsection (b)(1). Not later than January 1, 1997, the
Administrator may revise the applicable emission limitations for tangentially
fired and dry bottom, wall-fired boilers (other than cell burners) to be more
stringent if the Administrator determines that more effective low NOx burner
technology is available: Provided, That, no unit that is an affected unit
pursuant to section 404 and that is subject to the requirements of subsection
(b)(1), shall be subject to the revised emission limitations, if any.
 `(c) REVISED PERFORMANCE STANDARDS- (1) Not later than January 1, 1993,
 the Administrator shall propose revised standards of performance to section
 111 for nitrogen oxides emissions from fossil-fuel fired steam generating
 units, including both electric utility and nonutility units. Not later than
 January 1, 1994, the Administrator shall promulgate such revised standards of
 performance. Such revised standards of performance shall reflect improvements
 in methods for the reduction of emissions of oxides of nitrogen.
 `(d) ALTERNATIVE EMISSION LIMITATIONS- The permitting authority shall,
 upon request of an owner or operator of a unit subject to this section,
 authorize an emission limitation less stringent than the applicable limitation
 established under subsection (b)(1) or (b)(2) upon a determination that--
 `(1) a unit subject to subsection (b)(1) cannot meet the applicable limitation
 using low NOx burner technology; or
 `(2) a unit subject to subsection (b)(2) cannot meet the applicable rate
 using the technology on which the Administrator based the applicable
 emission limitation.
The permitting authority shall base such determination upon a showing
satisfactory to the permitting authority, in accordance with regulations
established by the Administrator not later than eighteen months after
enactment of the Clean Air Act Amendments of 1990, that the owner or operator--
 `(1) has properly installed appropriate control equipment designed to meet
 the applicable emission rate;
 `(2) has properly operated such equipment for a period of fifteen months
 (or such other period of time as the Administrator determines through the
 regulations), and provides operating and monitoring data for such period
 demonstrating that the unit cannot meet the applicable emission rate; and
 `(3) has specified an emission rate that such unit can meet on an annual
 average basis.
The permitting authority shall issue an operating permit for the unit in
question, in accordance with section 408 and part B of title III--
 `(i) that permits the unit during the demonstration period referred to
 in subparagraph (2) above, to emit at a rate in excess of the applicable
 emission rate;
 `(ii) at the conclusion of the demonstration period to revise the operating
 permit to reflect the alternative emission rate demonstrated in paragraphs
 (2) and (3) above.
Units subject to subsection (b)(1) for which an alternative emission limitation
is established shall not be required to install any additional control
technology beyond low NOx burners. Nothing in this section shall preclude an
owner or operator from installing and operating an alternative NOx control
technology capable of achieving the applicable emission limitation. If the
owner or operator of a unit subject to the emissions limitation requirements
of subsection (b)(1) demonstrates to the satisfaction of the Administrator
that the technology necessary to meet such requirements is not in adequate
supply to enable its installation and operation at the unit, consistent with
system reliability, by January 1, 1995, then the Administrator shall extend
the deadline for compliance for the unit by a period of 15 months. Any owner
or operator may petition the Administrator to make a determination under
the previous sentence. The Administrator shall grant or deny such petition
within 3 months of submittal.
 `(e) EMISSIONS AVERAGING- In lieu of complying with the applicable emission
 limitations under subsection (b) (1), (2), or (d), the owner or operator
 of two or more units subject to one or more of the applicable emission
 limitations set pursuant to these sections, may petition the permitting
 authority for alternative contemporaneous annual emission limitations for
 such units that ensure that (1) the actual annual emission rate in pounds
 of nitrogen oxides per million Btu averaged over the units in question is
 a rate that is less than or equal to (2) the Btu-weighted average annual
 emission rate for the same units if they had been operated, during the same
 period of time, in compliance with limitations set in accordance with the
 applicable emission rates set pursuant to subsections (b) (1) and (2).
 `If the permitting authority determines, in accordance with regulations
 issued by the Administrator not later than eighteen months after enactment of
 the Clean Air Act Amendments of 1990; that the conditions in the paragraph
 above can be met, the permitting authority shall issue operating permits
 for such units, in accordance with section 408 and part B of title III, that
 allow alternative contemporaneous annual emission limitations. Such emission
 limitations shall only remain in effect while both units continue operation
 under the conditions specified in their respective operating permits.
`SEC. 408. PERMITS AND COMPLIANCE PLANS.
 `(a) PERMIT PROGRAM- The provisions of this title shall be implemented,
 subject to section 403, by permits issued to units subject to this title
 (and enforced) in accordance with the provisions of title V, as modified
 by this title. Any such permit issued by the Administrator, or by a State
 with an approved permit program, shall prohibit--
 `(1) annual emissions of sulfur dioxide in excess of the number of allowances
 to emit sulfur dioxide the owner or operator, or the designated representative
 of the owners or operators, of the unit hold for the unit,
 `(2) exceedances of applicable emissions rates,
 `(3) the use of any allowance prior to the year for which it was allocated,
 and
 `(4) contravention of any other provision of the permit.
Permits issued to implement this title shall be issued for a period of 5 years,
notwithstanding title V. No permit shall be issued that is inconsistent with
the requirements of this title, and title V as applicable.
 `(b) COMPLIANCE PLAN- Each initial permit application shall be accompanied by
 a compliance plan for the source to comply with its requirements under this
 title. Where an affected source consists of more than one affected unit,
 such plan shall cover all such units, and for purposes of section 502(c),
 such source shall be considered a `facility'. Nothing in this section
 regarding compliance plans or in title V shall be construed as affecting
 allowances. Except as provided under subsection (c)(1)(B), submission of
 a statement by the owner or operator, or the designated representative of
 the owners and operators, of a unit subject to the emissions limitation
 requirements of sections 404, 405, and 407, that the unit will meet the
 applicable emissions limitation requirements of such sections in a timely
 manner or that, in the case of the emissions limitation requirements
 of sections 404 and 405, the owners and operators will hold allowances
 to emit not less than the total annual emissions of the unit, shall be
 deemed to meet the proposed and approved compliance planning requirements
 of this section and title V, except that, for any unit that will meet the
 requirements of this title by means of an alternative method of compliance
 authorized under section 404 (b), (c), (d), or (f) section 407 (d) or (e),
 section 409 and section 410, the proposed and approved compliance plan, permit
 application and permit shall include, pursuant to regulations promulgated by
 the Administrator, for each alternative method of compliance a comprehensive
 description of the schedule and means by which the unit will rely on one or
 more alternative methods of compliance in the manner and time authorized under
 this title. Recordation by the Administrator of transfers of allowances shall
 amend automatically all applicable proposed or approved permit applications,
 compliance plans and permits. The Administrator may also require--
 `(1) for a source, a demonstration of attainment of national ambient air
 quality standards, and
 `(2) from the owner or operator of two or more affected sources, an integrated
 compliance plan providing an overall plan for achieving compliance at the
 affected sources.
 `(c) FIRST PHASE PERMITS- The Administrator shall issue permits to affected
 sources under sections 404 and 407.
 `(1) PERMIT APPLICATION AND COMPLIANCE PLAN- (A) Not later than 27 months
 after the date of the enactment of the Clean Air Act Amendments of 1990,
 the designated representative of the owners or operators, or the owner and
 operator, of each affected source under sections 404 and 407 shall submit
 a permit application and compliance plan for that source in accordance
 with regulations issued by the Administrator under paragraph (3). The
 permit application and the compliance plan shall be binding on the owner
 or operator or the designated representative of owners and operators for
 purposes of this title and section 402(a), and shall be enforceable in lieu
 of a permit until a permit is issued by the Administrator for the source.
 `(B) In the case of a compliance plan for an affected source under sections
 404 and 407 for which the owner or operator proposes to meet the requirements
 of that section by reducing utilization of the unit as compared with its
 baseline  or by shutting down the unit, the owner or operator shall include
 in the proposed compliance plan a specification of the unit or units that
 will provide electrical generation to compensate for the reduced output at
 the affected source, or a demonstration that such reduced utilization will
 be accomplished through energy conservation or improved unit efficiency. The
 unit to be used for such compensating generation, which is not otherwise an
 affected unit under sections 404 and 407, shall be deemed an affected unit
 under section 404, subject to all of the requirements for such units under
 this title, except that allowances shall be allocated to such compensating
 unit in the amount of an annual limitation equal to the product of the unit's
 baseline multiplied by the lesser of the unit's actual 1985 emissions rate
 or its allowable 1985 emissions rate, divided by 2,000.
 `(2) EPA ACTION ON COMPLIANCE PLANS- The Administrator shall review each
 proposed compliance plan to determine whether it satisfies the requirements
 of this title, and shall approve or disapprove such plan within 6 months
 after receipt of a complete submission. If a plan is disapproved, it may
 be resubmitted for approval with such changes as the Administrator shall
 require consistent with the requirements of this title and within such
 period as the Administrator prescribes as part of such disapproval.
 `(3) REGULATIONS; ISSUANCE OF PERMITS- Not later than 18 months after the date
 of the enactment of the Clean Air Act Amendments of 1990, the Administrator
 shall promulgate regulations, in accordance with title V, to implement a
 Federal permit program to issue permits for affected sources under this
 title. Following promulgation, the Administrator shall issue a permit to
 implement the requirements of section 404 and the allowances provided under
 section 403 to the owner or operator of each affected source under section
 404. Such a permit shall supersede any permit application and compliance
 plan submitted under paragraph (1).
 `(4) FEES- During the years 1995 through 1999 inclusive, no fee shall be
 required to be paid under section 502(b)(3) or under section 110(a)(2)(L)
 with respect to emissions from any unit which is an affected unit under
 section 404.
 `(d) SECOND PHASE PERMITS- (1) To provide for permits for (A) new
 electric utility steam generating units required under section 403(e) to
 have allowances, (B) affected units or sources under section 405, and (C)
 existing units subject to nitrogen oxide emission reductions under section
 407, each State in which one or more such units or sources are located
 shall submit in accordance with title V, a permit program for approval as
 provided by that title. Upon approval of such program, for the units or
 sources subject to such approved program the Administrator shall suspend
 the issuance of permits as provided in title V.
 `(2) The owner or operator or the designated representative of each affected
 source under section 405 shall submit a permit application and compliance plan
 for that source to the permitting authority, not later than January 1, 1996.
 `(3) Not later than December 31, 1997, each State with an approved permit
 program shall issue permits to the owner or operator, or the designated
 representative of the owners and operators, of affected sources under
 section 405 that satisfy the requirements of title V and this title and that
 submitted to such State a permit application and compliance plan pursuant
 to paragraph (2). In the case of a State without an approved permit program
 by July 1, 1996, the Administrator shall, not later than January 1, 1998,
 issue a permit to the owner or operator or the designated representative
 of each such affected source. In the case of affected sources for which
 applications and plans are timely received under paragraph (2), the permit
 application and the compliance plan, including amendments thereto, shall be
 binding on the owner or operator or the designated representative of the
 owners or operators and shall be enforceable as a permit for purposes of
 this title and title V until a permit is issued by the permitting authority
 for the affected source. The provisions of section 558(c) of title V of the
 United States Code (relating to renewals) shall apply to permits issued by
 a permitting authority under this title and title V.
 `(4) The permit issued in accordance with this subsection for an affected
 source shall provide that the affected units at the affected source may
 not emit an annual tonnage of sulfur dioxide in excess of the number of
 allowances to emit sulfur dioxide the owner or operator or designated
 representative hold for the unit.
 `(e) NEW UNITS- The owner or operator of each source that includes a new
 electric utility steam generating unit shall submit a permit application
 and compliance plan to the permitting authority not later than 24 months
 before the later of (1) January 1, 2000, or (2) the date on which the unit
 commences operation. The permitting authority shall issue a permit to the
 owner or operator, or the designated representative thereof, of the unit
 that satisfies the requirements of title V and this title.
 `(f) UNITS SUBJECT TO CERTAIN OTHER LIMITS- The owner or operator, or
 designated representative thereof, of any unit subject to an emission
 rate requirement under section 407 shall submit a permit application and
 compliance plan for such unit to the permitting authority, not later than
 January 1, 1998. The permitting authority shall issue a permit to the owner
 or operator that satisfies the requirements of title V and this title,
 including any appropriate monitoring and reporting requirements.
 `(g) AMENDMENT OF APPLICATION AND COMPLIANCE PLAN- At any time after
 the submission of an application and compliance plan under this section,
 the applicant may submit a revised application and compliance plan, in
 accordance with the requirements of this section. In considering any permit
 application and compliance plan under this title, the permitting authority
 shall ensure coordination with the applicable electric ratemaking authority,
 in the case of regulated utilities, and with unregulated public utilities.
 `(h) PROHIBITION- (1) It shall be unlawful for an owner or operator,
 or designated representative, required to submit a permit application or
 compliance plan under this title to fail to submit such application or plan
 in accordance with the deadlines specified in this section or to otherwise
 fail to comply with regulations implementing this section.
 `(2) It shall be unlawful for any person to operate any source subject to
 this title except in compliance with the terms and requirements of a permit
 application and compliance plan (including amendments thereto) or permit
 issued by the Administrator or a State with an approved permit program. For
 purposes of this subsection, compliance, as provided in section 504(f), with
 a permit issued under title V which complies with this title for sources
 subject to this title shall be deemed compliance with this subsection as
 well as section 502(a).
 `(3) In order to ensure reliability of electric power, nothing in this title
 or title V shall be construed as requiring termination of operations of
 an electric utility steam generating unit for failure to have an approved
 permit or compliance plan, except that any such unit may be subject to the
 applicable enforcement provisions of section 113.
 `(i) MULTIPLE OWNERS- No permit shall be issued under this section to an
 affected unit until the designated representative of the owners or operators
 has filed a certificate of representation with regard to matters under this
 title, including the holding and distribution of allowances and the proceeds
 of transactions involving allowances. Where there are multiple holders of
 a legal or equitable title to, or a leasehold interest in, such a unit, or
 where a utility or industrial customer purchases power from an affected unit
 (or units) under life-of-the-unit, firm power contractual arrangements, the
 certificate shall state (1) that allowances and the proceeds of transactions
 involving allowances will be deemed to be held or distributed in proportion
 to each holder's legal, equitable, leasehold, or contractual reservation
 or entitlement, or (2) if such multiple holders have expressly provided
 for a different distribution of allowances by contract, that allowances
 and the proceeds of transactions involving allowances will be deemed to
 be held or distributed in accordance with the contract. A passive lessor,
 or a person who has an equitable interest through such lessor, whose rental
 payments are not based, either directly or indirectly, upon the revenues or
 income from the affected unit shall not be deemed to be a holder of a legal,
 equitable, leasehold, or contractual interest for the purpose of holding
 or distributing allowances as provided in this subsection, during either
 the term of such leasehold or thereafter, unless expressly provided for in
 the leasehold agreement. Except as otherwise provided in this subsection,
 where all legal or equitable title to or interest in an affected unit is
 held by a single person, the certification shall state that all allowances
 received by the unit are deemed to be held for that person.
`SEC. 409. REPOWERED SOURCES.
 `(a) AVAILABILITY- Not later than December 31, 1997, the owner or operator
 of an existing unit subject to the emissions limitation requirements of
 section 405 (b) and (c) may demonstrate to the permitting authority that one
 or more units will be repowered with a qualifying clean coal technology to
 comply with the requirements under section 405. The owner or operator shall,
 as part of any such demonstration, provide, not later than January 1, 2000,
 satisfactory documentation of a preliminary design and engineering effort
 for such repowering and an executed and binding contract for the majority
 of the equipment to repower such unit and such other information as the
 Administrator may require by regulation. The replacement of an existing
 utility unit with a new utility unit using a repowering technology referred
 to in section 402(2) which is located at a different site, shall be treated
 as repowering of the existing unit for purposes of this title, if--
 `(1) the replacement unit is designated by the owner or operator to replace
 such existing unit, and
 `(2) the existing unit is retired from service on or before the date on
 which the designated replacement unit enters commercial operation.
 `(b) EXTENSION- (1) An owner or operator satisfying the requirements of
 subsection (a) shall be granted an extension of the emission limitation
 requirement compliance date for that unit from January 1, 2000, to December
 31, 2003. The extension shall be specified in the permit issued to the
 source under section 408, together with any compliance schedule and other
 requirements necessary to meet second phase requirements by the extended
 date. Any unit that is granted an extension under this section shall not be
 eligible for a waiver under section 111(j) of this Act, and shall continue
 to be subject to requirements under this title as if it were a unit subject
 to section 405.
 `(2) If (A) the owner or operator of an existing unit has been granted an
 extension under paragraph (1) in order to repower such unit with a clean
 coal unit, and (B) such owner or operator demonstrates to the satisfaction
 of the Administrator that the repowering technology to be utilized by
 such unit has been properly constructed and tested on such unit, but
 nevertheless has been unable to achieve the emission reduction limitations
 and is economically or technologically infeasible, such existing unit may
 be retrofitted or repowered with equipment or facilities utilizing another
 clean coal technology or other available control technology.
 `(c) ALLOWANCES- (1) For the period of the extension under this section,
 the Administrator shall allocate to the owner or operator of the affected
 unit, annual allowances for sulfur dioxide equal to the affected unit's
 baseline multiplied by the lesser of the unit's federally approved State
 Implementation Plan emissions limitation or its actual emission rate for 1995
 in lieu of any other allocation. Such allowances may not be transferred or
 used by any other source to meet emission requirements under this title. The
 source owner or operator shall notify the Administrator sixty days in advance
 of the date on which the affected unit for which the extension has been
 granted is to be removed from operation to install the repowering technology.
 `(2) Effective on that date, the unit shall be subject to the requirements
 of section 405. Allowances for the year in which the unit is removed from
 operation to install the repowering technology shall be calculated as the
 product of the unit's baseline multiplied by 1.20 lbs/mmBtu, divided by
 2,000, and prorated accordingly, and are transferable.
 `(3) Allowances for such existing utility units for calendar years after
 the year the repowering is complete shall be calculated as the product of
 the existing unit's baseline multiplied by 1.20 lbs/mmBtu, divided by 2,000.
 `(4) Notwithstanding the provisions of section 403 (a) and (e), allowances
 shall be allocated under this section for a designated replacement unit which
 replaces an existing unit (as provided in the last sentence of subsection
 (a)) in lieu of any further allocations of allowances for the existing unit.
 `(5) For the purpose of meeting the aggregate emissions limitation
 requirement set forth in section 403(a)(1), the units with an extension
 under this subsection shall be treated in each calendar year during the
 extension period as holding allowances allocated under paragraph (3).
 `(d) CONTROL REQUIREMENTS- Any unit qualifying for an extension under this
 section that does not increase actual hourly emissions for any pollutant
 regulated under the Act shall not be subject to any standard of performance
 under section 111 of this Act. Notwithstanding the provisions of this
 subsection, no new unit (1) designated as a replacement for an existing unit,
 (2) qualifying for the extension under subsection (b), and (3) located at
 a different site than the existing unit shall receive an exemption from
 the requirements imposed under section 111.
 `(e) EXPEDITED PERMITTING- State permitting authorities and, where applicable,
 the Administrator, are encouraged to give expedited consideration to permit
 applications under parts C and D of title I of this Act for any source
 qualifying for an extension under this section.
 `(f) PROHIBITION- It shall be unlawful for the owner or operator of a
 repowered source to fail to comply with the requirement of this section, or
 any regulations of permit requirements to implement this section, including
 the prohibition against emitting sulfur dioxide in excess of allowances held.
`SEC. 410. ELECTION FOR ADDITIONAL SOURCES.
 (a) APPLICABILITY- The owner or operator of any unit that is not, nor
 will become, an affected unit under section 403(e), 404, or 405, or that
 is a process source under subsection (d), that emits sulfur dioxide, may
 elect to designate that unit or source to become an affected unit and to
 receive allowances under this title. An election shall be submitted to the
 Administrator for approval, along with a permit application and proposed
 compliance plan in accordance with section 408. The Administrator shall
 approve a designation that meets the requirements of this section, and
 such designated unit, or source, shall be allocated allowances, and be an
 affected unit for purposes of this title.
 `(b) ESTABLISHMENT OF BASELINE- The baseline for a unit designated under this
 section shall be established by the Administrator by regulation, based on
 fuel consumption and operating data for the unit for calendar years 1985,
 1986, and 1987, or if such data is not available, the Administrator may
 prescribe a baseline based on alternative representative data.
 `(c) EMISSION LIMITATIONS- Annual emissions limitations for sulfur dioxide
 shall be equal to the product of the baseline multiplied by the lesser
 of the unit's 1985 actual or allowable emission rate in lbs/mmBtu, or,
 if the unit did not operate in 1985, by the lesser of the unit's actual or
 allowable emission rate for a calendar year after 1985 (as determined by
 the Administrator), divided by 2,000.
 `(d) PROCESS SOURCES- Not later than 18 months after enactment of the Clean
 Air Act Amendments of 1990, the Administrator shall establish a program under
 which the owner or operator of a process source that emits sulfur dioxide
 may elect to designate that source as an affected unit for the purpose of
 receiving allowances under this title. The Administrator shall, by regulation,
 define the sources that may be designated; specify the emissions limitation;
 specify the operating, emission baseline, and other data requirements;
 prescribe CEMS or other monitoring requirements; and promulgate permit,
 reporting, and any other requirements necessary to implement such a program.
 `(e) ALLOWANCES AND PERMITS- The Administrator shall issue allowances to
 an affected unit under this section in an amount equal to the emissions
 limitation calculated under subsection (c) or (d), in accordance with section
 403. Such allowance may be used in accordance with, and shall be subject to,
 the provisions of section 403. Affected sources under this section shall
 be subject to the requirements of sections 403, 408, 411, 412, 413, and 414.
 `(f) LIMITATION- Any unit designated under this section shall not transfer
 or bank allowances produced as a result of reduced utilization or shutdown,
 except that, such allowances may be transferred or carried forward for
 use in subsequent years to the extent that the reduced utilization or
 shutdown results from the replacement of thermal energy from the unit
 designated under this section, with thermal energy generated by any other
 unit or units subject to the requirements of this title, and the designated
 unit's allowances are transferred or carried forward for use at such other
 replacement unit or units. In no case may the Administrator allocate to a
 source designated under this section allowances in an amount greater than
 the emissions resulting from operation of the source in full compliance with
 the requirements of this Act. No such allowances shall authorize operation
 of a unit in violation of any other requirements of this Act.
 `(g) IMPLEMENTATION- The Administrator shall issue regulations to implement
 this section not later than eighteen months after enactment of the Clean
 Air Act Amendments of 1990.
 `(h) SMALL DIESEL REFINERIES- The Administrator shall issue allowances to
 owners or operators of small diesel refineries who produce diesel fuel after
 October 1, 1993, meeting the requirements of subsection 211(i) of this Act.
 `(1) ALLOWANCE PERIOD- Allowances may be allocated under this subsection
 only for the period from October 1, 1993, through December 31, 1999.
 `(2) ALLOWANCE DETERMINATION- The number of allowances allocated pursuant
 to this paragraph shall equal the annual number of pounds of sulfur dioxide
 reduction attributable to desulfurization by a small refinery divided by
 2,000. For the purposes of this calculation, the concentration of sulfur
 removed from diesel fuel shall be the difference between 0.274 percent
 (by weight) and 0.050 percent (by weight).
 `(3) REFINERY ELIGIBILITY- As used in this subsection, the term `small
 refinery' shall mean a refinery or portion of a refinery--
 `(A) which, as of the date of enactment of the Clean Air Act Amendments of
 1990, has bona fide crude oil throughput of less than 18,250,000 barrels
 per year, as reported to the Department of Energy, and
 `(B) which, as of the date of enactment of the Clean Air Act Amendments of
 1990, is owned or controlled by a refiner with a total combined bona fide
 crude oil throughput of less than 50,187,500 barrels per year, as reported
 to the Department of Energy.
 `(4) LIMITATION PER REFINERY- The maximum number of allowances that can be
 annually allocated to a small refinery pursuant to this subsection is one
 thousand and five hundred.
 `(5) LIMITATION ON TOTAL- In any given year, the total number of allowances
 allocated pursuant to this subsection shall not exceed thirty-five thousand.
 `(6) REQUIRED CERTIFICATION- The Administrator shall not allocate any
 allowances pursuant to this subsection unless the owner or operator of a small
 diesel refinery shall have certified, at a time and in a manner prescribed by
 the Administrator, that all motor diesel fuel produced by the refinery for
 which allowances are claimed, including motor diesel fuel for off-highway
 use, shall have met the requirements of subsection 211(i) of this Act.
`SEC. 411. EXCESS EMISSIONS PENALTY.
 `(a) EXCESS EMISSIONS PENALTY- The owner or operator of any unit or process
 source subject to the requirements of sections 403, 404, 405, 406, 407 or
 409, or designated under section 410, that emits sulfur dioxide or nitrogen
 oxides for any calendar year in excess of the unit's emissions limitation
 requirement or, in the case of sulfur dioxide, of the allowances the owner
 or operator holds for use for the unit for that calendar year shall be
 liable for the payment of an excess emissions penalty, except where such
 emissions were authorized pursuant to section 110(f). That penalty shall
 be calculated on the basis of the number of tons emitted in excess of the
 unit's emissions limitation requirement or, in the case of sulfur dioxide,
 of the allowances the operator holds for use for the unit for that year,
 multiplied by $2,000. Any such penalty shall be due and payable without
 demand to the Administrator as provided in regulations to be issued by the
 Administrator by no later than eighteen months after the date of enactment of
 the Clean Air Act Amendments of 1990. Any such payment shall be deposited in
 the United States Treasury pursuant to the Miscellaneous Receipts Act. Any
 penalty due and payable under this section shall not diminish the liability
 of the unit's owner or operator for any fine, penalty or assessment against
 the unit for the same violation under any other section of this Act.
 `(b) EXCESS EMISSIONS OFFSET- The owner or operator of any affected source
 that emits sulfur dioxide during any calendar year in excess of the unit's
 emissions limitation requirement or of the allowances held for the unit
 for the calendar year, shall be liable to offset the excess emissions by an
 equal tonnage amount in the following calendar year, or such longer period as
 the Administrator may prescribe. The owner or operator of the source shall,
 within sixty days after the end of the year in which the excess emissions
 occurred, submit to the Administrator, and to the State in which the source
 is located, a proposed plan to achieve the required offsets. Upon approval of
 the proposed plan by the Administrator, as submitted, modified or conditioned,
 the plan shall be deemed at a condition of the operating permit for the unit
 without further review or revision of the permit. The Administrator shall
 also deduct allowances equal to the excess tonnage from those allocated for
 the source for the calendar year, or succeeding years during which offsets
 are required, following the year in which the excess emissions occurred.
 `(c) PENALTY ADJUSTMENT- The Administrator shall, by regulation, adjust the
 penalty specified in subsection (a) for inflation, based on the Consumer
 Price Index, on the date of enactment and annually thereafter.
 `(d) PROHIBITION- It shall be unlawful for the owner or operator of any
 source liable for a penalty and offset under this section to fail (1)
 to pay the penalty under subsection (a), (2) to provide, and thereafter
 comply with, a compliance plan as required by subsection (b), or (3) to
 offset excess emissions as required by subsection (b).
 `(e) SAVINGS PROVISION- Nothing in this title shall limit or otherwise
 affect the application of section 113, 114, 120, or 304 except as otherwise
 explicitly provided in this title.
`SEC. 412. MONITORING, REPORTING, AND RECORDKEEPING REQUIREMENTS.
 `(a) APPLICABILITY- The owner and operator of any source subject to this title
 shall be required to install and operate CEMS on each affected unit at the
 source, and to quality assure the data for sulfur dioxide, nitrogen oxides,
 opacity and volumetric flow at each such unit. The Administrator shall,
 by regulations issued not later than eighteen months after enactment of the
 Clean Air Act Amendments of 1990, specify the requirements for CEMS, for any
 alternative monitoring system that is demonstrated as providing information
 with the same precision, reliability, accessibility, and timeliness as
 that provided by CEMS, and for recordkeeping and reporting of information
 from such systems. Such regulations may include limitations or the use
 of alternative compliance methods by units equipped with an alternative
 monitoring system as may be necessary to preserve the orderly functioning
 of the allowance system, and which will ensure the emissions reductions
 contemplated by this title. Where 2 or more units utilize a single stack,
 a separate CEMS shall not be required for each unit, and for such units
 the regulations shall require that the owner or operator collect sufficient
 information to permit reliable compliance determinations for each such unit.
 `(b) FIRST PHASE REQUIREMENTS- Not later than thirty-six months after
 enactment of the Clean Air Act Amendments of 1990, the owner or operator
 of each affected unit under section 404, including, but not limited to,
 units that become affected units pursuant to subsections (b) and (c)
 and eligible units under subsection (d), shall install and operate CEMS,
 quality assure the data, and keep records and reports in accordance with
 the regulations issued under subsection (a).
 `(c) SECOND PHASE REQUIREMENTS- Not later than January 1, 1995, the owner or
 operator of each affected unit that has not previously met the requirements
 of subsections (a) and (b) shall install and operate CEMS, quality assure the
 data, and keep records and reports in accordance with the regulations issued
 under subsection (a). Upon commencement of commercial operation of each new
 utility unit, the unit shall comply with the requirements of subsection (a).
 `(d) UNAVAILABILITY OF EMISSIONS DATA- If CEMS data or data from an
 alternative monitoring system approved by the Administrator under subsection
 (a) is not available for any affected unit during any period of a calendar
 year in which such data is required under this title, and the owner or
 operator cannot provide information, satisfactory to the Administrator, on
 emissions during that period, the Administrator shall deem the unit to be
 operating in an uncontrolled manner during the entire period for which the
 data was not available and shall, by regulation which shall be issued not
 later than eighteen months after enactment of the Clean Air Act Amendments
 of 1990, prescribe means to calculate emissions for that period. The owner
 or operator shall be liable for excess emissions fees and offsets under
 section 411 in accordance with such regulations. Any fee due and payable
 under this subsection shall not diminish the liability of the unit's owner
 or operator for any fine, penalty, fee or assessment against the unit for
 the same violation under any other section of this Act.
 `(e) PROHIBITION- It shall be unlawful for the owner or operator of any
 source subject to this title to operate a source without complying with the
 requirements of this section, and any regulations implementing this section.
`SEC. 413. GENERAL COMPLIANCE WITH OTHER PROVISIONS.
 `Except as expressly provided, compliance with the requirements of this title
 shall not exempt or exclude the owner or operator of any source subject to
 this title from compliance with any other applicable requirements of this Act.
`SEC. 414. ENFORCEMENT.
 `It shall be unlawful for any person subject to this title to violate
 any prohibition of, requirement of, or regulation promulgated pursuant
 to this title shall be a violation of this Act. In addition to the other
 requirements and prohibitions provided for in this title, the operation of
 any affected unit to emit sulfur dioxide in excess of allowances held for
 such unit shall be deemed a violation, with each ton emitted in excess of
 allowances held constituting a separate violation.
`SEC. 415. CLEAN COAL TECHNOLOGY REGULATORY INCENTIVES.
 `(a) DEFINITION- For purposes of this section, `clean coal technology'
 means any technology, including technologies applied at the precombustion,
 combustion, or post combustion stage, at a new or existing facility which
 will achieve significant reductions in air emissions of sulfur dioxide or
 oxides of nitrogen associated with the utilization of coal in the generation
 of electricity, process steam, or industrial products, which is not in
 widespread use as of the date of enactment of this title.
 `(b) REVISED REGULATIONS FOR CLEAN COAL TECHNOLOGY DEMONSTRATIONS-
 `(1) APPLICABILITY- This subsection applies to physical or operational
 changes to existing facilities for the sole purpose of installation,
 operation, cessation, or removal of a temporary or permanent clean coal
 technology demonstration project. For the purposes of this section, a
 clean coal technology demonstration project shall mean a project using funds
 appropriated under the heading `Department of Energy--Clean Coal Technology',
 up to a total amount of $2,500,000,000 for commercial demonstration of
 clean coal technology, or similar projects funded through appropriations
 for the Environmental Protection Agency. The Federal contribution for a
 qualifying project shall be at least 20 percent of the total cost of the
 demonstration project.
 `(2) TEMPORARY PROJECTS- Installation, operation, cessation, or removal of a
 temporary clean coal technology demonstration project that is operated for a
 period of five years or less, and which complies with the State implementation
 plans for the State in which the project is located and other requirements
 necessary to attain and maintain the national ambient air quality standards
 during and after the project is terminated, shall not subject such facility
 to the requirements of section 111 or part C or D of title I.
 `(3) PERMANENT PROJECTS- For permanent clean coal technology demonstration
 projects that constitute repowering as defined in section 402(l) of this
 title, any qualifying project shall not be subject to standards of performance
 under section 111 or to the review and permitting requirements of part C
 for any pollutant the potential emissions of which will not increase as a
 result of the demonstration project.
 `(4) EPA REGULATIONS- Not later than 12 months after the date of enactment,
 the Administrator shall promulgate regulations or interpretive rulings to
 revise requirements under section 111 and parts C and D, as appropriate,
 to facilitate projects consistent in this subsection. With respect to parts
 C and D, such regulations or rulings shall apply to all areas in which
 EPA is the permitting authority. In those instances in which the State is
 the permitting authority under part C or D, any State may adopt and submit
 to the Administrator for approval revisions to its implementation plan to
 apply the regulations or rulings promulgated under this subsection.
 `(c) EXEMPTION FOR REACTIVATION OF VERY CLEAN UNITS- Physical changes
 or changes in the method of operation associated with the commencement
 of commercial operations by a coal-fired utility unit after a period of
 discontinued operation shall not subject the unit to the requirements of
 section 111 or part C of the Act where the unit (1) has not been in operation
 for the two-year period prior to the enactment of the Clean Air Act Amendments
 of 1990, and the emissions from such unit continue to be carried in the
 permitting authority's emissions inventory at the time of enactment, (2) was
 equipped prior to shut-down with a continuous system of emissions control
 that achieves a removal efficiency for sulfur dioxide of no less than 85
 percent and a removal efficiency for particulates of no less than 98 percent,
 (3) is equipped with low-NOx burners prior to the time of commencement,
 and (4) is otherwise in compliance with the requirements of this Act.
`SEC. 416. CONTINGENCY GUARANTEE; AUCTIONS, RESERVE.
 `(a) DEFINITIONS- For purposes of this section--
 `(1) The term `independent power producer' means any person who owns or
 operates, in whole or in part, one or more new independent power production
 facilities.
 `(2) The term `new independent power production facility' means a facility
 that--
 `(A) is used for the generation of electric energy, 80 percent or more of
 which is sold at wholesale;
 `(B) is nonrecourse project-financed (as such term is defined by the
 Secretary of Energy within 3 months of the date of the enactment of the
 Clean Air Act Amendments of 1990);
 `(C) does not generate electric energy sold to any affiliate (as defined
 in section 2(a)(11) of the Public Utility Holding Company Act of 1935)
 of the facility's owner or operator unless the owner or operator of the
 facility demonstrates that it cannot obtain allowances from the affiliate; and
 `(D) is a new unit required to hold allowances under this title.
 `(3) The term `required allowances' means the allowances required to operate
 such unit for so much of the unit's useful life as occurs after January
 1, 2000.
 `(b) SPECIAL RESERVE OF ALLOWANCES- Within 36 months after the date of the
 enactment of the Clean Air Act Amendments of 1990, the Administrator shall
 promulgate regulations establishing a Special Allowance Reserve containing
 allowances to be sold under this section. For purposes of establishing the
 Special Allowance Reserve, the Administrator shall withhold--
 `(1) 2.8 percent of the allocation of allowances for each year from 1995
 through 1999 inclusive; and
 `(2) 2.8 percent of the basic Phase II allowance allocation of allowances
 for each year beginning in the year 2000
which would (but for this subsection) be issued for each affected unit at an
affected source.  The Administrator shall record such withholding for purposes
of transferring the proceeds of the allowance sales under this subsection. The
allowances so withheld shall be deposited in the Reserve under this section.
 `(c) DIRECT SALE AT $1,500 PER TON-
 `(1) SUBACCOUNT FOR DIRECT SALES- In accordance with regulations under this
 section, the Administrator shall establish a Direct Sale Subaccount in the
 Special Allowance Reserve established under this section. The Direct Sale
 Subaccount shall contain allowances in the amount of 50,000 tons per year
 for each year beginning in the year 2000.
 `(2) SALES- Allowances in the subaccount shall be offered for direct sale to
 any person at the times and in the amounts specified in table 1 at a price
 of $1,500 per allowance, adjusted by the Consumer Price Index in the same
 manner as provided in paragraph (3). Requests to purchase allowances from
 the Direct Sale Subaccount established under paragraph (1) shall be approved
 in the order of receipt until no allowances remain in such subaccount,
 except that an opportunity to purchase such allowances shall be provided
 to the independent power producers referred to in this subsection before
 such allowances are offered to any other person. Each applicant shall be
 required to pay 50 percent of the total purchase price of the allowances
 within 6 months after the approval of the request to purchase. The remainder
 shall be paid on or before the transfer of the allowances.
`TABLE 1--Number of Allowances Available for Sale at $1,500 per ton
---------------------------------------------------
 Year of Sale   Spot Sale (same year) Advance Sale
---------------------------------------------------
 1993-1999                            25,000
 2000 and after 25,000                25,000
---------------------------------------------------
Allowances sold in the spot sale in any year are allowances which may only
be used in that year (unless banked for use in a later year). Allowances
sold in the advance sale in any year are allowances which may only be used
in the 7th year after the year in which they are first offered for sale
(unless banked for use in a later year).
 `(3) ENTITLEMENT TO WRITTEN GUARANTEE- Any independent power producer
 that submits an application to the Administrator establishing that such
 independent power producer--
 `(A) proposes to construct a new independent power production facility for
 which allowances are required under this title;
 `(B) will apply for financing to construct such facility after January 1,
 1990, and before the date of the first auction under this section;
 `(C) has submitted to each owner or operator of an affected unit listed in
 table A (in section 404) a written offer to purchase the required allowances
 for $750 per ton; and
shall, within 30 days after submission of such application, be entitled to
receive the Administrator's written guarantee (subject to the eligibility
requirements set forth in paragraph (4)) that such required allowances will
be made available for purchase from the Direct Sale Subaccount established
under this subsection and at a guaranteed price. The guaranteed price at which
such allowances shall be made available for purchase shall be $1,500 per ton,
adjusted by the percentage, if any, by which the Consumer Price Index (as
determined under section 502(b)(3)(B)(v)) for the year in which the allowance
is purchased exceeds the Consumer Price Index for the calendar year 1990.
 `(4) ELIGIBILITY REQUIREMENTS- The guarantee issued by the Administrator
 under paragraph (3) shall be subject to a demonstration by the independent
 power producer, satisfactory to the Administrator, that--
 `(A) the independent power producer has--
 `(i) made good faith efforts to purchase the required allowances from the
 owners or operators of affected units to which allowances will be allocated,
 including efforts to purchase at annual auctions under this section, and
 from industrial sources that have elected to become affected units pursuant
 to section 410; and
 `(ii) such bids and efforts were unsuccessful in obtaining the required
 allowances; and
 `(B) the independent power producer will continue to make good faith efforts
 to purchase the required allowances from the owners or operators of affected
 units and from industrial sources.
 `(5) ISSUANCE OF GUARANTEED ALLOWANCES FROM DIRECT SALE SUBACCOUNT UNDER
 THIS SECTION- From the allowances available in the Direct Sale Subaccount
 established under this subsection, upon payment of the guaranteed price,
 the Administrator shall issue to any person exercising the right to purchase
 allowances pursuant to a guarantee under this subsection the allowances
 covered by such guarantee. Persons to which guarantees under this subsection
 have been issued shall have the opportunity to purchase allowances pursuant
 to such guarantee from such subaccount before the allowances in such reserve
 are offered for sale to any other person.
 `(6) PROCEEDS- Notwithstanding section 3302 of title 31 of the United
 States Code or any other provision of law, the Administrator shall require
 that the proceeds of any sale under this subsection be transferred, within
 90 days after the sale, without charge, on a pro rata basis to the owners
 or operators of the affected units from whom the allowances were withheld
 under subsection (b) and that any unsold allowances be transferred to the
 Subaccount for Auction Sales established under subsection (d). No proceeds
 of any sale under this subsection shall be held by any officer or employee
 of the United States or treated for any purpose as revenue to the United
 States or to the Administrator.
 `(7) TERMINATION OF SUBACCOUNT- If the Administrator determines that, during
 any period of 2 consecutive calendar years, less than 20 percent of the
 allowances available in the subaccount for direct sales established under
 this subsection have been purchased under this paragraph, the Administrator
 shall terminate the subaccount and transfer such allowances to the Auction
 Subaccount under subsection (d).
 `(d) AUCTION SALES-
 `(1) SUBACCOUNT FOR AUCTIONS- The Administrator shall establish an Auction
 Subaccount in the Special Reserve established under this section. The Auction
 Subaccount shall contain allowances to be sold at auction under this section
 in the amount of 150,000 tons per year for each year from 1995 through 1999,
 inclusive and 250,000 tons per year for each year beginning in the calendar
 year 2000.
 `(2) ANNUAL AUCTIONS- Commencing in 1993 and in each year thereafter, the
 Administrator shall conduct auctions at which the allowances referred to
 in paragraph (1) shall be offered for sale in accordance with regulations
 promulgated by the Administrator, in consultation with the Secretary of the
 Treasury, within 12 months of enactment of the Clean Air Act Amendments of
 1990. The allowances referred to in paragraph (1) shall be offered for sale
 at auction in the amounts specified in table 2. The auction shall be open
 to any person. A person wishing to bid for such allowances shall submit
 (by a date set by the Administrator) to the Administrator (on a sealed
 bid schedule provided by the Administrator) offers to purchase specified
 numbers of allowances at specified prices. Such regulations shall specify
 that the auctioned allowances shall be allocated and sold on the basis of
 bid price, starting with the highest-priced bid and continuing until all
 allowances for sale at such auction have been allocated. The regulations
 shall not permit that a minimum price be set for the purchase of withheld
 allowances. Allowances purchased at the auction may be used for any purpose
 and at any time after the auction, subject to the provisions of this title.
`Table 2--Number of Allowances Available for Auction
---------------------------------------------------------
 Year of Sale   Spot Auction (same year) Advance Auction
---------------------------------------------------------
 1993            50,000*                 100,000
 1994            50,000*                 100,000
 1995            50,000*                 100,000
 1996           150,000                  100,000
 1997           150,000                  100,000
 1998           150,000                  100,000
 1999           150,000                  100,000
 2000 and after 100,000                  100,000
---------------------------------------------------------
Allowances sold in the spot sale in any year are allowances which may only
be used in that year (unless banked for use in a later year), except as
otherwise noted. Allowances sold in the advance auction in any year are
allowances which may only be used in the 7th year after the year in which
they are first offered for sale (unless banked for use in a later year).
*Available for use only in 1995 (unless banked for use in a later year).
 `(3) Proceeds- (A) Notwithstanding section 3302 of title 31 of the United
 States Code or any other provision of law, within 90 days of receipt, the
 Administrator shall transfer the proceeds from the auction under this section,
 on a pro rata basis, to the owners or operators of the affected units at an
 affected source from whom allowances were withheld under subsection (b). No
 funds transferred from a purchaser to a seller of allowances under this
 paragraph shall be held by any officer or employee of the United States or
 treated for any purpose as revenue to the United States or the Administrator.
 `(B) At the end of each year, any allowances offered for sale but not
 sold at the auction shall be returned without charge, on a pro rata basis,
 to the owner or operator of the affected units from whose allocation the
 allowances were withheld.
 `(4) ADDITIONAL AUCTION PARTICIPANTS- Any person holding allowances or to whom
 allowances are allocated by the Administrator may submit those allowances to
 the Administrator to be offered for sale at auction under this subsection. The
 proceeds of any such sale shall be transferred at the time of sale by the
 purchaser to the person submitting such allowances for sale. The holder of
 allowances offered for sale under this paragraph may specify a minimum sale
 price. Any person may purchase allowances offered for auction under this
 paragraph. Such allowances shall be allocated and sold to purchasers on the
 basis of bid price after the auction under paragraph (2) is complete. No
 funds transferred from a purchaser to a seller of allowances under this
 paragraph shall be held by any officer or employee of the United States or
 treated for any purpose as revenue to the United States or the Administrator.
 `(5) RECORDING BY EPA- The Administrator shall record and publicly report
 the nature, prices and results of each auction under this subsection,
 including the prices of successful bids, and shall record the transfers of
 allowances as a result of each auction in accordance with the requirements of
 this section. The transfer of allowances at such auction shall be recorded
 in accordance with the regulations promulgated by the Administrator under
 this title.
 `(e) CHANGES IN SALES, AUCTIONS, AND WITHHOLDING- Pursuant to rulemaking
 after public notice and comment the Administrator may at any time after the
 year 1998 (in the case of advance sales or advance auctions) and 2005 (in
 the case of spot sales or spot auctions) decrease the number of allowances
 withheld and sold under this section.
 `(f) TERMINATION OF AUCTIONS- The Administrator may terminate the withholding
 of allowances and the auction sales under this section if the Administrator
 determines that, during any period of 3 consecutive calendar years after
 2002, less than 20 percent of the allowances available in the auction
 subaccount have been purchased. Pursuant to regulations under this section,
 the Administrator may by delegation or contract provide for the conduct of
 sales or auctions under the Administrator's supervision by other departments
 or agencies of the United States Government or by nongovernmental agencies,
 groups, or organizations.'.
SEC. 402. FOSSIL FUEL USE.
 (a) CONTRACTS FOR HYDROELECTRIC ENERGY- Any person who, after the date of the
 enactment of the Clean Air Act Amendments of 1990, enters into a contract
 under which such person receives hydroelectric energy in return for the
 provision of electric energy by such person shall use allowances held by such
 person as necessary to satisfy such person's obligations under such contract.
 (b) FEDERAL POWER MARKETING ADMINISTRATION- A Federal Power Marketing
 Administration shall not be subject to the provisions and requirements of this
 title with respect to electric energy generated by hydroelectric facilities
 and marketed by such Power Marketing Administration. Any person who sells
 or provides electric energy to a Federal Power Marketing Administration
 shall comply with the provisions and requirements of this title.
SEC. 403. REPEAL OF PERCENT REDUCTION.
 (a) REPEAL- Section 111(a)(1) of the Clean Air Act 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 the 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 three years after the date of
 enactment of the Clean Air Act Amendments of 1990, the Administrator shall
 promulgate revised regulations for standards of performance for new fossil
 fuel fired electric utility 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 sulfur dioxide at a rate not
 greater than would have resulted from compliance by such source with the
 applicable standards of performance under this section prior to such revision.
 (c) APPLICABILITY- The provisions of subsections (a) and (b) apply only
 so long as the provisions of section 403(e) of the Clean Air Act remain
 in effect.
 (d) BACT DETERMINATIONS- Section 169(3) of the Clean Air Act is amended by
 inserting: `, clean fuels,' after `including fuel cleaning,' and by adding
 the following at the end thereof: `Emissions from any source utilizing clean
 fuels, or any other means, to comply with this paragraph shall not be allowed
 to increase above levels that would have been required under this paragraph
 as it existed prior to enactment of the Clean Air Act Amendments of 1990.'.
SEC. 404. ACID DEPOSITION STANDARDS.
 Not later than 36 months after the date of enactment of this Act, the
 Administrator of the Environmental Protection Agency shall transmit to the
 Committee on Environment and Public Works of the Senate and the Committee
 on Energy and Commerce of the House of Representatives a report on the
 feasibility and effectiveness of an acid deposition standard or standards
 to protect sensitive and critically sensitive aquatic and terrestrial
 resources. The study required by this section shall include, but not be
 limited to, consideration of the following matters:
 (1) identification of the sensitive and critically sensitive aquatic and
 terrestrial resources in the United States and Canada which may be affected
 by the deposition of acidic compounds;
 (2) description of the nature and numerical value of a deposition standard
 or standards that would be sufficient to protect such resources;
 (3) description of the use of such standard or standards in other Nations
 or by any of the several States in acid deposition control programs;
 (4) description of the measures that would need to be taken to integrate
 such standard or standards with the control program required by title IV
 of the Clean Air Act;
 (5) description of the state of knowledge with respect to source-receptor
 relationships necessary to develop a control program on such standard or
 standards and the additional research that is on-going or would be needed
 to make such a control program feasible; and
 (6) description of the impediments to implementation of such control program
 and the cost-effectiveness of deposition standards compared to other control
 strategies including ambient air quality standards, new source performance
 standards and the requirements of title IV of the Clean Air Act.
SEC. 405. NATIONAL ACID LAKES REGISTRY.
 The Administrator of the Environmental Protection Agency shall create a
 National Acid Lakes Registry that shall list, to the extent practical,
 all lakes that are known to be acidified due to acid deposition, and shall
 publish such list within one year of the enactment of this Act. Lakes shall
 be added to the registry as they become acidic or as data becomes available
 to show they are acidic. Lakes shall be deleted from the registry as they
 become nonacidic.
SEC. 406. INDUSTRIAL SO2 EMISSIONS
 (a) REPORT- Not later than January 1, 1995 and every 5 years thereafter,
 the Administrator of the Environmental Protection Agency shall transmit to
 the Congress a report containing an inventory of national annual sulfur
 dioxide emissions from industrial sources (as defined in title IV of the
 Act), including units subject to section 405(g)(6) of the Clean Air Act,
 for all years for which data are available, as well as the likely trend in
 such emissions over the following twenty-year period. The reports shall also
 contain estimates of the actual emission reduction in each year resulting from
 promulgation of the diesel fuel desulfurization regulations under section 214.
 (b) 5.60 MILLION TON CAP- Whenever the inventory required by this section
 indicates that sulfur dioxide emissions from industrial sources, including
 units subject to section 405(g)(5) of the Clean Air Act, may reasonably
 be expected to reach levels greater than 5.60 million tons per year, the
 Administrator of the Environmental Protection Agency shall take such actions
 under the Clean Air Act as may be appropriate to ensure that such emissions
 do not exceed 5.60 million tons per year. Such actions may include the
 promulgation of new and revised standards of performance for new sources,
 including units subject to section 405(g)(5) of the Clean Air Act, under
 section 111(b) of the Clean Air Act, as well as promulgation of standards
 of performance for existing sources, including units subject to section
 405(g)(5) of the Clean Air Act, under authority of this section. For an
 existing source regulated under this section, `standard of performance'
 means a standard which the Administrator determines is applicable to that
 source and which reflects the degree of emission reduction achievable through
 the application of the best system of continuous emission reduction which
 (taking into consideration the cost of achieving such emission reduction, and
 any nonair quality health and environmental impact and energy requirements)
 the Administrator determines has been adequately demonstrated for that
 category of sources.
 (c) ELECTION- Regulations promulgated under section 405(b) of the Clean
 Air Act shall not prohibit a source from electing to become an affected
 unit under section 410 of the Clean Air Act.
SEC. 407. SENSE OF THE CONGRESS ON EMISSION REDUCTIONS COSTS.
 It is the sense of the Congress that the Clean Air Act Amendments of 1990,
 through the allowance program, allocates the costs of achieving the required
 reductions in emissions of sulfur dioxide and oxides of nitrogen among
 sources in the United States. Broad based taxes and emissions fees that
 would provide for payment of the costs of achieving required emissions
 reductions by any party or parties other than the sources required to
 achieve the reductions are undesirable.
SEC. 408. MONITOR ACID RAIN PROGRAM IN CANADA.
 (a) REPORTS TO CONGRESS- The Administrator of the Environmental Protection
 Agency, in consultation with the Secretary of State, the Secretary of Energy,
 and other persons the Administrator deems appropriate, shall prepare and
 submit a report to Congress on January 1, 1994, January 1, 1999, and January
 1, 2005.
 (b) CONTENTS- The report to Congress shall analyze the current emission levels
 of sulfur dioxide and nitrogen oxides in each of the provinces participating
 in Canada's acid rain control program, the amount of emission reductions
 of sulfur dioxide and oxides of nitrogen achieved by each province, the
 methods utilized by each province in making those reductions, the costs
 to each province and the employment impacts in each province of making and
 maintaining those reductions.
 (c) COMPLIANCE- Beginning on January 1, 1999, the reports shall also assess
 the degree to which each province is complying with its stated emissions cap.
SEC. 409. REPORT ON CLEAN COAL TECHNOLOGIES EXPORT PROGRAMS.
 The Secretary of Energy in consultation with the Secretary of Commerce
 shall provide a report to the Congress within one year of enactment of this
 legislation which will identify, inventory and analyze clean coal technologies
 export programs within United States Government agencies including the
 Departments of State, Commerce, and Energy and at the Export-Import Bank
 and the Overseas Private Investment Corporation. The study shall address the
 effectiveness of interagency coordination of export promotion and determine
 the feasibility of establishing an interagency commission for the purpose
 of promoting the export and use of clean coal technologies.
SEC. 410. ACID DEPOSITION RESEARCH BY THE UNITED STATES FISH AND WILDLIFE
SERVICE.
 There are authorized to be appropriated to the United States Fish and
 Wildlife Service of the Department of the Interior an amount equal to
 $500,000 to fund research related to acid deposition and the monitoring of
 high altitude mountain lakes in the Wind River Reservation, Wyoming, to be
 conducted through the Management Assistance Office of the United States Fish
 and Wildlife Service located in Lander, Wyoming and the University of Wyoming.
SEC. 411. STUDY OF BUFFERING AND NEUTRALIZING AGENTS.
 There are authorized to be appropriated to the United States Fish and Wildlife
 Service of the Department of the Interior an amount equal to $250,000 to
 fund a study to be conducted in conjunction with the University of Wyoming
 of the effectiveness of various buffering and neutralizing agents used to
 restore lakes and streams damaged by acid deposition.
SEC. 412. CONFORMING AMENDMENT.
 Section 110(f)(1) of the Clean Air Act is amended by inserting `or of any
 requirement under section 411 (concerning excess emissions penalties or
 offsets) of title IV of the Act' after `implementation plan'.
SEC. 413. SPECIAL CLEAN COAL TECHNOLOGY PROJECT.
 (a) DEMONSTRATION PROJECT- The Secretary of Energy shall, subject to
 appropriation, as part of the Secretary's activities with respect to fossil
 energy research and development under the Department of Energy Organization
 Act (Public Law 95-91) consider funding at least 50 percent of the cost of a
 demonstration project to design, construct, and test a technology system for
 a cyclone boiler that will serve as a model for sulfur dioxide and nitrogen
 oxide reduction technology at a combustion unit required to meet the emissions
 reductions prescribed in this bill. The Secretary shall expedite approval and
 funding to enable such project to be completed no later than January 1, 1995.
 The unit selected for this project shall be in a utility plant that (1)
 is among the top 10 emitters of sulfur dioxide as identified on Table A of
 section 404; (2) has 3 or more units, 2 of which are cyclone boiler units;
 and (3) has no existing scrubbers.
 (b) AUTHORIZATION- There are authorized to be appropriated such sums as may
 be necessary to carry out this section, to remain available until expended.
TITLE V--PERMITS
Sec. 501. Permits.
SEC. 501. PERMITS.
 Add the following new title after title IV:
`TITLE V--PERMITS
`Sec. 501. Definitions.
`Sec. 502. Permit programs.
`Sec. 503. Permit applications.
`Sec. 504. Permit requirements and conditions.
`Sec. 505. Notification to Administrator and contiguous States.
`Sec. 506. Other authorities.
`Sec. 507. Small business stationary source technical and environmental
compliance assistance program.
`SEC. 501. DEFINITIONS.
 As used in this title--
 `(1) AFFECTED SOURCE- The term `affected source' shall have the meaning
 given such term in title IV.
 `(2) MAJOR SOURCE- The term `major source' means any stationary source
 (or any group of stationary sources located within a contiguous area and
 under common control) that is either of the following:
 `(A) A major source as defined in section 112.
 `(B) A major stationary source as defined in section 302 or part D of title I.
 `(3) SCHEDULE OF COMPLIANCE- The term `schedule of compliance' means a
 schedule of remedial measures, including an enforceable sequence of actions
 or operations, leading to compliance with an applicable implementation plan,
 emission standard, emission limitation, or emission prohibition.
 `(4) PERMITTING AUTHORITY- The term `permitting authority' means the
 Administrator or the air pollution control agency authorized by the
 Administrator to carry out a permit program under this title.
`SEC. 502. PERMIT PROGRAMS.
 `(a) VIOLATIONS- After the effective date of any permit program approved
 or promulgated under this title, it shall be unlawful for any person to
 violate any requirement of a permit issued under this title, or to operate
 an affected source (as provided in title IV), a major source, any other
 source (including an area source) subject to standards or regulations under
 section 111 or 112, any other source required to have a permit under parts
 C or D of title I, or any other stationary source in a category designated
 (in whole or in part) by regulations promulgated by the Administrator (after
 notice and public comment) which shall include a finding setting forth the
 basis for such designation, except in compliance with a permit issued by a
 permitting authority under this title. (Nothing in this subsection shall be
 construed to alter the applicable requirements of this Act that a permit be
 obtained before construction or modification.) The Administrator may, in the
 Administrator's discretion and consistent with the applicable provisions of
 this Act, promulgate regulations to exempt one or more source categories
 (in whole or in part) from the requirements of this subsection if the
 Administrator finds that compliance with such requirements is impracticable,
 infeasible, or unnecessarily burdensome on such categories, except that
 the Administrator may not exempt any major source from such requirements.
 `(b) REGULATIONS- The Administrator shall promulgate within 12 months
 after the date of the enactment of the Clean Air Act Amendments of 1990
 regulations establishing the minimum elements of a permit program to be
 administered by any air pollution control agency. These elements shall
 include each of the following:
 `(1) Requirements for permit applications, including a standard application
 form and criteria for determining in a timely fashion the completeness
 of applications.
 `(2) Monitoring and reporting requirements.
 `(3)(A) A requirement under State or local law or interstate compact that
 the owner or operator of all sources subject to the requirement to obtain
 a permit under this title pay an annual fee, or the equivalent over some
 other period, sufficient to cover all reasonable (direct and indirect)
 costs required to develop and administer the permit program requirements
 of this title, including section 507, including the reasonable costs of--
 `(i) reviewing and acting upon any application for such a permit,
 `(ii) if the owner or operator receives a permit for such source, whether
 before or after the date of the enactment of the Clean Air Act Amendments
 of 1990, implementing and enforcing the terms and conditions of any such
 permit (not including any court costs or other costs associated with any
 enforcement action),
 `(iii) emissions and ambient monitoring,
 `(iv) preparing generally applicable regulations, or guidance,
 `(v) modeling, analyses, and demonstrations, and
 `(vi) preparing inventories and tracking emissions.
 `(B) The total amount of fees collected by the permitting authority shall
 conform to the following requirements:
 `(i) The Administrator shall not approve a program as meeting the requirements
 of this paragraph unless the State demonstrates that, except as otherwise
 provided in subparagraphs (ii) through (v) of this subparagraph, the program
 will result in the collection, in the aggregate, from all sources subject to
 subparagraph (A), of an amount not less than $25 per ton of each regulated
 pollutant, or such other amount as the Administrator may determine adequately
 reflects the reasonable costs of the permit program.
 `(ii) As used in this subparagraph, the term `regulated pollutant' shall
 mean (I) a volatile organic compound; (II) each pollutant regulated under
 section 111 or 112; and (III) each pollutant for which a national primary
 ambient air quality standard has been promulgated (except that carbon
 monoxide shall be excluded from this reference).
 `(iii) In determining the amount under clause (i), the permitting authority
 is not required to include any amount of regulated pollutant emitted by
 any source in excess of 4,000 tons per year of that regulated pollutant.
 `(iv) The requirements of clause (i) shall not apply if the permitting
 authority demonstrates that collecting an amount less than the amount
 specified under clause (i) will meet the requirements of subparagraph (A).
 `(v) The fee calculated under clause (i) shall be increased (consistent
 with the need to cover the reasonable costs authorized by subparagraph (A))
 in each year beginning after the year of the enactment of the Clean Air Act
 Amendments of 1990 by the percentage, if any, by which the Consumer Price
 Index for the most recent calendar year ending before the beginning of
 such year exceeds the Consumer Price Index for the calendar year 1989. For
 purposes of this clause--
 `(I) the Consumer Price Index for any calendar year is the average of the
 Consumer Price Index for all-urban consumers published by the Department
 of Labor, as of the close of the 12-month period ending on August 31 of
 each calendar year, and
 `(II) the revision of the Consumer Price Index which is most consistent
 with the Consumer Price Index for calendar year 1989 shall be used.
 `(C)(i) If the Administrator determines, under subsection (d), that the fee
 provisions of the operating permit program do not meet the requirements
 of this paragraph, or if the Administrator makes a determination, under
 subsection (i), that the permitting authority is not adequately administering
 or enforcing an approved fee program, the Administrator may, in addition
 to taking any other action authorized under this title, collect reasonable
 fees from the sources identified under subparagraph (A). Such fees shall
 be designed solely to cover the Administrator's costs of administering the
 provisions of the permit program promulgated by the Administrator.
 `(ii) Any source that fails to pay fees lawfully imposed by the Administrator
 under this subparagraph shall pay a penalty of 50 percent of the fee amount,
 plus interest on the fee amount computed in accordance with section 6621(a)(2)
 of the Internal Revenue Code of 1986 (relating to computation of interest
 on underpayment of Federal taxes).
 `(iii) Any fees, penalties, and interest collected under this subparagraph
 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, subject to appropriation,
 to carry out the Agency's activities for which the fees were collected. Any
 fee required to be collected by a State, local, or interstate agency under
 this subsection shall be utilized solely to cover all reasonable (direct
 and indirect) costs required to support the permit program as set forth in
 subparagraph (A).
 `(4) Requirements for adequate personnel and funding to administer the
 program.
 `(5) A requirement that the permitting authority have adequate authority to:
 `(A) issue permits and assure compliance by all sources required to have
 a permit under this title with each applicable standard, regulation or
 requirement under this Act;
 `(B) issue permits for a fixed term, not to exceed 5 years;
 `(C) assure that upon issuance or renewal permits incorporate emission
 limitations and other requirements in an applicable implementation plan;
 `(D) terminate, modify, or revoke and reissue permits for cause;
 `(E) enforce permits, permit fee requirements, and the requirement to obtain
 a permit, including authority to recover civil penalties in a maximum amount
 of not less than $10,000 per day for each violation, and provide appropriate
 criminal penalties; and
 `(F) assure that no permit will be issued if the Administrator objects to
 its issuance in a timely manner under this title.
 `(6) Adequate, streamlined, and reasonable procedures for expeditiously
 determining when applications are complete, for processing such applications,
 for public notice, including offering an opportunity for public comment
 and a hearing, and for expeditious review of permit actions, including
 applications, renewals, or revisions, and including an opportunity for
 judicial review in State court of the final permit action by the applicant,
 any person who participated in the public comment process, and any other
 person who could obtain judicial review of that action under applicable law.
 `(7) To ensure against unreasonable delay by the permitting authority,
 adequate authority and procedures to provide that a failure of such permitting
 authority to act on a permit application or permit renewal application (in
 accordance with the time periods specified in section 503 or, as appropriate,
 title IV) shall be treated as a final permit action solely for purposes
 of obtaining judicial review in State court of an action brought by any
 person referred to in paragraph (6) to require that action be taken by the
 permitting authority on such application without additional delay.
 `(8) Authority, and reasonable procedures consistent with the need for
 expeditious action by the permitting authority on permit applications and
 related matters, to make available to the public any permit application,
 compliance plan, permit, and monitoring or compliance report under section
 503(e), subject to the provisions of section 114(c) of this Act.
 `(9) A requirement that the permitting authority, in the case of permits with
 a term of 3 or more years for major sources, shall require revisions to the
 permit to incorporate applicable standards and regulations promulgated under
 this Act after the issuance of such permit. Such revisions shall occur as
 expeditiously as practicable and consistent with the procedures established
 under paragraph (6) but not later than 18 months after the promulgation of
 such standards and regulations. No such revision shall be required if the
 effective date of the standards or regulations is a date after the expiration
 of the permit term. Such permit revision shall be treated as a permit
 renewal if it complies with the requirements of this title regarding renewals.
 `(10) Provisions to allow changes within a permitted facility (or one
 operating pursuant to section 503(d)) without requiring a permit revision,
 if the changes are not modifications under any provision of title I and the
 changes do not exceed the emissions allowable under the permit (whether
 expressed therein as a rate of emissions or in terms of total emissions:
 Provided, That the facility provides the Administrator and the permitting
 authority with written notification in advance of the proposed changes which
 shall be a minimum of 7 days, unless the permitting authority provides in
 its regulations a different timeframe for emergencies.
 `(c) SINGLE PERMIT- A single permit may be issued for a facility with
 multiple sources.
 `(d) SUBMISSION AND APPROVAL- (1) Not later than 3 years after the date
 of the enactment of the Clean Air Act Amendments of 1990, the Governor
 of each State shall develop and submit to the Administrator a permit
 program under State or local law or under an interstate compact meeting
 the requirements of this title. In addition, the Governor shall submit a
 legal opinion from the attorney general (or the attorney for those State
 air pollution control agencies that have independent legal counsel), or
 from the chief legal officer of an interstate agency, that the laws of
 the State, locality, or the interstate compact provide adequate authority
 to carry out the program. Not later than 1 year after receiving a program,
 and after notice and opportunity for public comment, the Administrator shall
 approve or disapprove such program, in whole or in part. The Administrator
 may approve a program to the extent that the program meets the requirements
 of this Act, including the regulations issued under subsection (b). If
 the program is disapproved, in whole or in part, the Administrator shall
 notify the Governor of any revisions or modifications necessary to obtain
 approval. The Governor shall revise and resubmit the program for review
 under this section within 180 days after receiving notification.
 `(2)(A) If the Governor does not submit a program as required under paragraph
 (1) or if the Administrator disapproves a program submitted by the Governor
 under paragraph (1), in whole or in part, the Administrator may, prior
 to the expiration of the 18-month period referred to in subparagraph (B),
 in the Administrator's discretion, apply any of the sanctions specified in
 section 179(b).
 `(B) If the Governor does not submit a program as required under paragraph
 (1), or if the Administrator disapproves any such program submitted by
 the Governor under paragraph (1), in whole or in part, 18 months after the
 date required for such submittal or the date of such disapproval, as the
 case may be, the Administrator shall apply sanctions under section 179(b)
 in the same manner and subject to the same deadlines and other conditions
 as are applicable in the case of a determination, disapproval, or finding
 under section 179(a).
 `(C) The sanctions under section 179(b)(2) shall not apply pursuant to this
 paragraph in any area unless the failure to submit or the disapproval referred
 to in subparagraph (A) or (B) relates to an air pollutant for which such area
 has been designated a nonattainment area (as defined in part D of title I).
 `(3) If a program meeting the requirements of this title has not been
 approved in whole for any State, the Administrator shall, 2 years after
 the date required for submission of such a program under paragraph (1),
 promulgate, administer, and enforce a program under this title for that State.
 `(e) SUSPENSION- The Administrator shall suspend the issuance of permits
 promptly upon publication of notice of approval of a permit program under
 this section, but may, in such notice, retain jurisdiction over permits
 that have been federally issued, but for which the administrative or
 judicial review process is not complete. The Administrator shall continue
 to administer and enforce federally issued permits under this title until
 they are replaced by a permit issued by a permitting program. Nothing in
 this subsection should be construed to limit the Administrator's ability
 to enforce permits issued by a State.
 `(f) PROHIBITION- No partial permit program shall be approved unless, at
 a minimum, it applies, and ensures compliance with, this title and each of
 the following:
 `(1) All requirements established under title IV applicable to `affected
 sources'.
 `(2) All requirements established under section 112 applicable to `major
 sources', `area sources,' and `new sources'.
 `(3) All requirements of title I (other than section 112) applicable to
 sources required to have a permit under this title.
Approval of a partial program shall not relieve the State of its obligation
to submit a complete program, nor from the application of any sanctions
under this Act for failure to submit an approvable permit program.
 `(g) INTERIM APPROVAL- If a program (including a partial permit program)
 submitted under this title substantially meets the requirements of this
 title, but is not fully approvable, the Administrator may by rule grant the
 program interim approval. In the notice of final rulemaking, the Administrator
 shall specify the changes that must be made before the program can receive
 full approval. An interim approval under this subsection shall expire on a
 date set by the Administrator not later than 2 years after such approval,
 and may not be renewed. For the period of any such interim approval, the
 provisions of subsection (d)(2), and the obligation of the Administrator to
 promulgate a program under this title for the State pursuant to subsection
 (d)(3), shall be suspended. Such provisions and such obligation of the
 Administrator shall apply after the expiration of such interim approval.
 `(h) EFFECTIVE DATE- The effective date of a permit program, or partial
 or interim program, approved under this title, shall be the effective date
 of approval by the Administrator. The effective date of a permit program,
 or partial permit program, promulgated by the Administrator shall be the
 date of promulgation.
 `(i) ADMINISTRATION AND ENFORCEMENT- (1) Whenever the Administrator makes a
 determination that a permitting authority is not adequately administering and
 enforcing a program, or portion thereof, in accordance with the requirements
 of this title, the Administrator shall provide notice to the State and may,
 prior to the expiration of the 18-month period referred to in paragraph (2),
 in the Administrator's discretion, apply any of the sanctions specified in
 section 179(b).
 `(2) Whenever the Administrator makes a determination that a permitting
 authority is not adequately administering and enforcing a program, or portion
 thereof, in accordance with the requirements of this title, 18 months after
 the date of the notice under paragraph (1), the Administrator shall apply
 the sanctions under section 179(b) in the same manner and subject to the
 same deadlines and other conditions as are applicable in the case of a
 determination, disapproval, or finding under section 179(a).
 `(3) The sanctions under section 179(b)(2) shall not apply pursuant to
 this subsection in any area unless the failure to adequately enforce and
 administer the program relates to an air pollutant for which such area has
 been designated a nonattainment area.
 `(4) Whenever the Administrator has made a finding under paragraph (1)
 with respect to any State, unless the State has corrected such deficiency
 within 18 months after the date of such finding, the Administrator shall, 2
 years after the date of such finding, promulgate, administer, and enforce a
 program under this title for that State. Nothing in this paragraph shall be
 construed to affect the validity of a program which has been approved under
 this title or the authority of any permitting authority acting under such
 program until such time as such program is promulgated by the Administrator
 under this paragraph.
`SEC. 503. PERMIT APPLICATIONS.
 `(a) APPLICABLE DATE- Any source specified in section 502(a) shall become
 subject to a permit program, and required to have a permit, on the later
 of the following dates--
 `(1) the effective date of a permit program or partial or interim permit
 program applicable to the source; or
 `(2) the date such source becomes subject to section 502(a).
 `(b) COMPLIANCE PLAN- (1) The regulations required by section 502(b) shall
 include a requirement that the applicant submit with the permit application
 a compliance plan describing how the source will comply with all applicable
 requirements under this Act. The compliance plan shall include a schedule
 of compliance, and a schedule under which the permittee will submit progress
 reports to the permitting authority no less frequently than every 6 months.
 `(2) The regulations shall further require the permittee to periodically
 (but no less frequently than annually) certify that the facility is in
 compliance with any applicable requirements of the permit, and to promptly
 report any deviations from permit requirements to the permitting authority.
 `(c) DEADLINE- Any person required to have a permit shall, not later than
 12 months after the date on which the source becomes subject to a permit
 program approved or promulgated under this title, or such earlier date as
 the permitting authority may establish, submit to the permitting authority
 a compliance plan and an application for a permit signed by a responsible
 official, who shall certify the accuracy of the information submitted. The
 permitting authority shall approve or disapprove a completed application
 (consistent with the procedures established under this title for consideration
 of such applications), and shall issue or deny the permit, within 18 months
 after the date of receipt thereof, except that the permitting authority shall
 establish a phased schedule for acting on permit applications submitted
 within the first full year after the effective date of a permit program
 (or a partial or interim program). Any such schedule shall assure that at
 least one-third of such permits will be acted on by such authority annually
 over a period of not to exceed 3 years after such effective date. Such
 authority shall establish reasonable procedures to prioritize such approval
 or disapproval actions in the case of applications for construction or
 modification under the applicable requirements of this Act.
 `(d) TIMELY AND COMPLETE APPLICATIONS- Except for sources required to have a
 permit before construction or modification under the applicable requirements
 of this Act, if an applicant has submitted a timely and complete application
 for a permit required by this title (including renewals), but final action
 has not been taken on such application, the source's failure to have a permit
 shall not be a violation of this Act, unless the delay in final action was
 due to the failure of the applicant timely to submit information required or
 requested to process the application. No source required to have a permit
 under this title shall be in violation of section 502(a) before the date
 on which the source is required to submit an application under subsection (c).
 `(e) COPIES; AVAILABILITY- A copy of each permit application, compliance plan
 (including the schedule of compliance), emissions or compliance monitoring
 report, certification, and each permit issued under this title, shall be
 available to the public. If an applicant or permittee is required to submit
 information entitled to protection from disclosure under section 114(c)
 of this Act, the applicant or permittee may submit such information
 separately. The requirements of section 114(c) shall apply to such
 information. The contents of a permit shall not be entitled to protection
 under section 114(c).
`SEC. 504. PERMIT REQUIREMENTS AND CONDITIONS.
 `(a) CONDITIONS- Each permit issued under this title shall include enforceable
 emission limitations and standards, a schedule of compliance, a requirement
 that the permittee submit to the permitting authority, no less often than
 every 6 months, the results of any required monitoring, and such other
 conditions as are necessary to assure compliance with applicable requirements
 of this Act, including the requirements of the applicable implementation plan.
 `(b) MONITORING AND ANALYSIS- The Administrator may by rule prescribe
 procedures and methods for determining compliance and for monitoring and
 analysis of pollutants regulated under this Act, but continuous emissions
 monitoring need not be required if alternative methods are available
 that provide sufficiently reliable and timely information for determining
 compliance. Nothing in this subsection shall be construed to affect any
 continuous emissions monitoring requirement of title IV, or where required
 elsewhere in this Act.
 `(c) INSPECTION, ENTRY, MONITORING, CERTIFICATION, AND REPORTING-
 Each permit issued under this title shall set forth inspection, entry,
 monitoring, compliance certification, and reporting requirements to assure
 compliance with the permit terms and conditions. Such monitoring and
 reporting requirements shall conform to any applicable regulation under
 subsection (b). Any report required to be submitted by a permit issued to
 a corporation under this title shall be signed by a responsible corporate
 official, who shall certify its accuracy.
 `(d) GENERAL PERMITS- The permitting authority may, after notice and
 opportunity for public hearing, issue a general permit covering numerous
 similar sources. Any general permit shall comply with all requirements
 applicable to permits under this title. No source covered by a general permit
 shall thereby be relieved from the obligation to file an application under
 section 503.
 `(e) TEMPORARY SOURCES- The permitting authority may issue a single
 permit authorizing emissions from similar operations at multiple temporary
 locations. No such permit shall be issued unless it includes conditions
 that will assure compliance with all the requirements of this Act at all
 authorized locations, including, but not limited to, ambient standards and
 compliance with any applicable increment or visibility requirements under
 part C of title I. Any such permit shall in addition require the owner or
 operator to notify the permitting authority in advance of each change in
 location. The permitting authority may require a separate permit fee for
 operations at each location.
 `(f) PERMIT SHIELD- Compliance with a permit issued in accordance with this
 title shall be deemed compliance with section 502. Except as otherwise
 provided by the Administrator by rule, the permit may also provide that
 compliance with the permit shall be deemed compliance with other applicable
 provisions of this Act that relate to the permittee if--
 `(1) the permit includes the applicable requirements of such provisions, or
 `(2) the permitting authority in acting on the permit application makes a
 determination relating to the permittee that such other provisions (which
 shall be referred to in such determination) are not applicable and the
 permit includes the determination or a concise summary thereof.
Nothing in the preceding sentence shall alter or affect the provisions of
section 303, including the authority of the Administrator under that section.
`SEC. 505. NOTIFICATION TO ADMINISTRATOR AND CONTIGUOUS STATES.
 `(a) TRANSMISSION AND NOTICE- (1) Each permitting authority--
 `(A) shall transmit to the Administrator a copy of each permit application
 (and any application for a permit modification or renewal) or such portion
 thereof, including any compliance plan, as the Administrator may require
 to effectively review the application and otherwise to carry out the
 Administrator's responsibilities under this Act, and
 `(B) shall provide to the Administrator a copy of each permit proposed to
 be issued and issued as a final permit.
 `(2) The permitting authority shall notify all States--
 `(A) whose air quality may be affected and that are contiguous to the State
 in which the emission originates, or
 `(B) that are within 50 miles of the source,
of each permit application or proposed permit forwarded to the Administrator
under this section, and shall provide an opportunity for such States to submit
written recommendations respecting the issuance of the permit and its terms
and conditions. If any part of those recommendations are not accepted by the
permitting authority, such authority shall notify the State submitting the
recommendations and the Administrator in writing of its failure to accept
those recommendations and the reasons therefor.
 `(b) OBJECTION BY EPA- (1) If any permit contains provisions that are
 determined by the Administrator as not in compliance with the applicable
 requirements of this Act, including the requirements of an applicable
 implementation plan, the Administrator shall, in accordance with this
 subsection, object to its issuance. The permitting authority shall respond
 in writing if the Administrator (A) within 45 days after receiving a copy
 of the proposed permit under subsection (a)(1), or (B) within 45 days after
 receiving notification under subsection (a)(2), objects in writing to its
 issuance as not in compliance with such requirements. With the objection, the
 Administrator shall provide a statement of the reasons for the objection. A
 copy of the objection and statement shall be provided to the applicant.
 `(2) If the Administrator does not object in writing to the issuance of a
 permit pursuant to paragraph (1), any person may petition the Administrator
 within 60 days after the expiration of the 45-day review period specified
 in paragraph (1) to take such action. A copy of such petition shall be
 provided to the permitting authority and the applicant by the petitioner. The
 petition shall be based only on objections to the permit that were raised
 with reasonable specificity during the public comment period provided by
 the permitting agency (unless the petitioner demonstrates in the petition
 to the Administrator that it was impracticable to raise such objections
 within such period or unless the grounds for such objection arose after
 such period). The petition shall identify all such objections. If the permit
 has been issued by the permitting agency, such petition shall not postpone
 the effectiveness of the permit. The Administrator shall grant or deny such
 petition within 60 days after the petition is filed. The Administrator shall
 issue an objection within such period if the petitioner demonstrates to the
 Administrator that the permit is not in compliance with the requirements
 of this Act, including the requirements of the applicable implementation
 plan.  Any denial of such petition shall be subject to judicial review
 under section 307. The Administrator shall include in regulations under
 this title provisions to implement this paragraph. The Administrator may
 not delegate the requirements of this paragraph.
 `(3) Upon receipt of an objection by the Administrator under this subsection,
 the permitting authority may not issue the permit unless it is revised
 and issued in accordance with subsection (c). If the permitting authority
 has issued a permit prior to receipt of an objection by the Administrator
 under paragraph (2) of this subsection, the Administrator shall modify,
 terminate, or revoke such permit and the permitting authority may thereafter
 only issue a revised permit in accordance with subsection (c).
 `(c) ISSUANCE OR DENIAL- If the permitting authority fails, within 90 days
 after the date of an objection under subsection (b), to submit a permit
 revised to meet the objection, the Administrator shall issue or deny the
 permit in accordance with the requirements of this title. No objection
 shall be subject to judicial review until the Administrator takes final
 action to issue or deny a permit under this subsection.
 `(d) WAIVER OF NOTIFICATION REQUIREMENTS- (1) The Administrator may waive
 the requirements of subsections (a) and (b) at the time of approval of
 a permit program under this title for any category (including any class,
 type, or size within such category) of sources covered by the program other
 than major sources.
 `(2) The Administrator may, by regulation, establish categories of sources
 (including any class, type, or size within such category) to which the
 requirements of subsections (a) and (b) shall not apply. The preceding
 sentence shall not apply to major sources.
 `(3) The Administrator may exclude from any waiver under this subsection
 notification under subsection (a)(2). Any waiver granted under this subsection
 may be revoked or modified by the Administrator by rule.
 `(e) REFUSAL OF PERMITTING AUTHORITY TO TERMINATE, MODIFY, OR REVOKE
 AND REISSUE- If the Administrator finds that cause exists to terminate,
 modify, or revoke and reissue a permit under this title, the Administrator
 shall notify the permitting authority and the source of the Administrator's
 finding. The permitting authority shall, within 90 days after receipt of such
 notification, forward to the Administrator under this section a proposed
 determination of termination, modification, or revocation and reissuance,
 as appropriate. The Administrator may extend such 90 day period for an
 additional 90 days if the Administrator finds that a new or revised permit
 application is necessary, or that the permitting authority must require the
 permittee to submit additional information. The Administrator may review
 such proposed determination under the provisions of subsections (a) and
 (b). If the permitting authority fails to submit the required proposed
 determination, or if the Administrator objects and the permitting authority
 fails to resolve the objection within 90 days, the Administrator may, after
 notice and in accordance with fair and reasonable procedures, terminate,
 modify, or revoke and reissue the permit.
`SEC. 506. OTHER AUTHORITIES.
 `(a) IN GENERAL- Nothing in this title shall prevent a State, or interstate
 permitting authority, from establishing additional permitting requirements
 not inconsistent with this Act.
 `(b) PERMITS IMPLEMENTING ACID RAIN PROVISIONS- The provisions of this title,
 including provisions regarding schedules for submission and approval or
 disapproval of permit applications, shall apply to permits implementing
 the requirements of title IV except as modified by that title.
`SEC. 507. SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND ENVIRONMENTAL
COMPLIANCE ASSISTANCE PROGRAM.
 `(a) PLAN REVISIONS- Consistent with sections 110 and 112, each State
 shall, after reasonable notice and public hearings, adopt and submit to the
 Administrator as part of the State implementation plan for such State or as
 a revision to such State implementation plan under section 110, plans for
 establishing a small business stationary source technical and environmental
 compliance assistance program. Such submission shall be made within 24 months
 after the date of the enactment of the Clean Air Act Amendments of 1990. The
 Administrator shall approve such program if it includes each of the following:
 `(1) Adequate mechanisms for developing, collecting, and coordinating
 information concerning compliance methods and technologies for small business
 stationary sources, and programs to encourage lawful cooperation among such
 sources and other persons to further compliance with this Act.
 `(2) Adequate mechanisms for assisting small business stationary sources
 with pollution prevention and accidental release detection and prevention,
 including providing information concerning alternative technologies, process
 changes, products, and methods of operation that help reduce air pollution.
 `(3) A designated State office within the relevant State agency to serve
 as ombudsman for small business stationary sources in connection with the
 implementation of this Act.
 `(4) A compliance assistance program for small business stationary sources
 which assists small business stationary sources in determining applicable
 requirements and in receiving permits under this Act in a timely and
 efficient manner.
 `(5) Adequate mechanisms to assure that small business stationary sources
 receive notice of their rights under this Act in such manner and form as
 to assure reasonably adequate time for such sources to evaluate compliance
 methods and any relevant or applicable proposed or final regulation or
 standard issued under this Act.
 `(6) Adequate mechanisms for informing small business stationary sources
 of their obligations under this Act, including mechanisms for referring
 such sources to qualified auditors or, at the option of the State, for
 providing audits of the operations of such sources to determine compliance
 with this Act.
 `(7) Procedures for consideration of requests from a small business stationary
 source for modification of--
 `(A) any work practice or technological method of compliance, or
 `(B) the schedule of milestones for implementing such work practice or
 method of compliance preceding any applicable compliance date,
based on the technological and financial capability of any such small
business stationary source. No such modification may be granted unless it is
in compliance with the applicable requirements of this Act, including the
requirements of the applicable implementation plan. Where such applicable
requirements are set forth in Federal regulations, only modifications
authorized in such regulations may be allowed.
 `(b) PROGRAM- The Administrator shall establish within 9 months after
 the date of the enactment of the Clean Air Act Amendments of 1990 a small
 business stationary source technical and environmental compliance assistance
 program. Such program shall--
 `(1) assist the States in the development of the program required under
 subsection (a) (relating to assistance for small business stationary sources);
 `(2) issue guidance for the use of the States in the implementation of
 these programs that includes alternative control technologies and pollution
 prevention methods applicable to small business stationary sources; and
 `(3) provide for implementation of the program provisions required under
 subsection (a)(4) in any State that fails to submit such a program under
 that subsection.
 `(c) ELIGIBILITY- (1) Except as provided in paragraphs (2) and (3), for
 purposes of this section, the term `small business stationary source'
 means a stationary source that--
 `(A) is owned or operated by a person that employs 100 or fewer individuals,
 `(B) is a small business concern as defined in the Small Business Act;
 `(C) is not a major stationary source;
 `(D) does not emit 50 tons or more per year of any regulated pollutant; and
 `(E) emits less than 75 tons per year of all regulated pollutants.
 `(2) Upon petition by a source, the State may, after notice and opportunity
 for public comment, include as a small business stationary source for
 purposes of this section any stationary source which does not meet the
 criteria of subparagraphs (C), (D), or (E) of paragraph (1) but which does
 not emit more than 100 tons per year of all regulated pollutants.
 `(3)(A) The Administrator, in consultation with the Administrator of the
 Small Business Administration and after providing notice and opportunity
 for public comment, may exclude from the small business stationary source
 definition under this section any category or subcategory of sources that
 the Administrator determines to have sufficient technical and financial
 capabilities to meet the requirements of this Act without the application
 of this subsection.
 `(B) The State, in consultation with the Administrator and the
 Administrator of the Small Business Administration and after providing
 notice and opportunity for public hearing, may exclude from the small
 business stationary source definition under this section any category
 or subcategory of sources that the State determines to have sufficient
 technical and financial capabilities to meet the requirements of this Act
 without the application of this subsection.
 `(d) MONITORING- The Administrator shall direct the Agency's Office of Small
 and Disadvantaged Business Utilization through the Small Business Ombudsman
 (hereinafter in this section referred to as the `Ombudsman') to monitor the
 small business stationary source technical and environmental compliance
 assistance program under this section. In carrying out such monitoring
 activities, the Ombudsman shall--
 `(1) render advisory opinions on the overall effectiveness of the Small
 Business Stationary Source Technical and Environmental Compliance Assistance
 Program, difficulties encountered, and degree and severity of enforcement;
 `(2) make periodic reports to the Congress on the compliance of the Small
 Business Stationary Source Technical and Environmental Compliance Assistance
 Program with the requirements of the Paperwork Reduction Act, the Regulatory
 Flexibility Act, and the Equal Access to Justice Act;
 `(3) review information to be issued by the Small Business Stationary Source
 Technical and Environmental Compliance Assistance Program for small business
 stationary sources to ensure that the information is understandable by the
 layperson; and
 `(4) have the Small Business Stationary Source Technical and Environmental
 Compliance Assistance Program serve as the secretariat for the development
 and dissemination of such reports and advisory opinions.
 `(e) COMPLIANCE ADVISORY PANEL- (1) There shall be created a Compliance
 Advisory Panel (hereinafter referred to as the `Panel') on the State level
 of not less than 7 individuals. This Panel shall--
 `(A) render advisory opinions concerning the effectiveness of the small
 business stationary source technical and environmental compliance assistance
 program, difficulties encountered, and degree and severity of enforcement;
 `(B) make periodic reports to the Administrator concerning the compliance
 of the State Small Business Stationary Source Technical and Environmental
 Compliance Assistance Program with the requirements of the Paperwork Reduction
 Act, the Regulatory Flexibility Act, and the Equal Access to Justice Act;
 `(C) review information for small business stationary sources to assure
 such information is understandable by the layperson; and
 `(D) have the Small Business Stationary Source Technical and Environmental
 Compliance Assistance Program serve as the secretariat for the development
 and dissemination of such reports and advisory opinions.
 `(2) The Panel shall consist of--
 `(A) 2 members, who are not owners, or representatives of owners, of small
 business stationary sources, selected by the Governor to represent the
 general public;
 `(B) 2 members selected by the State legislature who are owners, or who
 represent owners, of small business stationary sources (1 member each by
 the majority and minority leadership of the lower house, or in the case of
 a unicameral State legislature, 2 members each shall be selected by the
 majority leadership and the minority leadership, respectively, of such
 legislature, and subparagraph (C) shall not apply);
 `(C) 2 members selected by the State legislature who are owners, or who
 represent owners, of small business stationary sources (1 member each by
 the majority and minority leadership of the upper house, or the equivalent
 State entity); and
 `(D) 1 member selected by the head of the department or agency of the State
 responsible for air pollution permit programs to represent that agency.
 `(f) FEES- The State (or the Administrator) may reduce any fee required
 under this Act to take into account the financial resources of small business
 stationary sources.
 `(g) CONTINUOUS EMISSION MONITORS- In developing regulations and CTGs
 under this Act that contain continuous emission monitoring requirements,
 the Administrator, consistent with the requirements of this Act, before
 applying such requirements to small business stationary sources, shall
 consider the necessity and appropriateness of such requirements for such
 sources. Nothing in this subsection shall affect the applicability of title
 IV provisions relating to continuous emissions monitoring.
 `(h) CONTROL TECHNIQUE GUIDELINES- The Administrator shall consider,
 consistent with the requirements of this Act, the size, type, and technical
 capabilities of small business stationary sources (and sources which are
 eligible under subsection (c)(2) to be treated as small business stationary
 sources) in developing CTGs applicable to such sources under this Act.'.
TITLE VI--STRATOSPHERIC OZONE PROTECTION
TITLE VI--STRATOSPHERIC OZONE PROTECTION
Sec. 601. Part B repeal.
Sec. 602. Stratospheric ozone protection.
Sec. 603. Methane studies.
SEC. 601. PART B REPEAL.
 Part B of title I of the Clean Air Act entitled `Ozone Protection', sections
 150 through 159, is hereby repealed.
SEC. 602. STRATOSPHERIC OZONE PROTECTION.
 (a) NEW TITLE VI- The Clean Air Act is amended by adding the following new
 title after title V:
`TITLE VI--STRATOSPHERIC OZONE PROTECTION
`Table of Contents
`Sec. 601. Definitions.
`Sec. 602. Listing of class I and class II substances.
`Sec. 603. Monitoring and reporting requirements.
`Sec. 604. Phase-out of production and consumption of class I substances.
`Sec. 605. Phase-out of production and consumption of class II substances.
`Sec. 606. Accelerated schedule.
`Sec. 607. Exchanges.
`Sec. 608. National recycling and emission reduction program.
`Sec. 609. Servicing of motor vehicle air conditioners.
`Sec. 610. Nonessential products containing chlorofluorocarbons.
`Sec. 611. Labeling.
`Sec. 612. Safe alternatives policy.
`Sec. 613. Federal procurement.
`Sec. 614. Relationship to other law.
`Sec. 615. Authority of Administrator.
`Sec. 616. Transfers among Parties to the Montreal Protocol.
`Sec. 617. International cooperation.
`Sec. 618. Miscellaneous.
`SEC. 601. DEFINITIONS.
 `As used in this title--
 `(1) APPLIANCE- The term `appliance' means any device which contains and
 uses a class I or class II substance as a refrigerant and which is used
 for household or commercial purposes, including any air conditioner,
 refrigerator, chiller, or freezer.
 `(2) BASELINE YEAR- The term `baseline year' means--
 `(A) the calendar year 1986, in the case of any class I substance listed
 in Group I or II under section 602(a),
 `(B) the calendar year 1989, in the case of any class I substance listed
 in Group III, IV, or V under section 602(a), and
 `(C) a representative calendar year selected by the Administrator, in the
 case of--
 `(i) any substance added to the list of class I substances after the
 publication of the initial list under section 602(a), and
 `(ii) any class II substance.
 `(3) CLASS I SUBSTANCE- The term `class I substance' means each of the
 substances listed as provided in section 602(a).
 `(4) CLASS II SUBSTANCE- The term `class II substance' means each of the
 substances listed as provided in section 602(b).
 `(5) COMMISSIONER- The term `Commissioner' means the Commissioner of the
 Food and Drug Administration.
 `(6) CONSUMPTION- The term `consumption' means, with respect to any substance,
 the amount of that substance produced in the United States, plus the amount
 imported, minus the amount exported to Parties to the Montreal Protocol. Such
 term shall be construed in a manner consistent with the Montreal Protocol.
 `(7) IMPORT- The term `import' means to land on, bring into, or introduce
 into, or attempt to land on, bring into, or introduce into, any place subject
 to the jurisdiction of the United States, whether or not such landing,
 bringing, or introduction constitutes an importation within the meaning of
 the customs laws of the United States.
 `(8) MEDICAL DEVICE- The term `medical device' means any device (as defined
 in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)), diagnostic
 product, drug (as defined in the Federal Food, Drug, and Cosmetic Act),
 and drug delivery system--
 `(A) if such device, product, drug, or drug delivery system utilizes a
 class I or class II substance for which no safe and effective alternative
 has been developed, and where necessary, approved by the Commissioner; and
 `(B) if such device, product, drug, or drug delivery system, has, after
 notice and opportunity for public comment, been approved and determined to
 be essential by the Commissioner in consultation with the Administrator.
 `(9) MONTREAL PROTOCOL- The terms `Montreal Protocol' and `the Protocol'
 mean the Montreal Protocol on Substances that Deplete the Ozone Layer,
 a protocol to the Vienna Convention for the Protection of the Ozone Layer,
 including adjustments adopted by Parties thereto and amendments that have
 entered into force.
 `(10) OZONE-DEPLETION POTENTIAL- The term `ozone-depletion potential' means
 a factor established by the Administrator to reflect the ozone-depletion
 potential of a substance, on a mass per kilogram basis, as compared
 to chlorofluorocarbon-11 (CFC-11). Such factor shall be based upon the
 substance's atmospheric lifetime, the molecular weight of bromine and
 chlorine, and the substance's ability to be photolytically disassociated,
 and upon other factors determined to be an accurate measure of relative
 ozone-depletion potential.
 `(11) PRODUCE, PRODUCED, AND PRODUCTION- The terms `produce', `produced',
 and `production', refer to the manufacture of a substance from any raw
 material or feedstock chemical, but such terms do not include--
 `(A) the manufacture of a substance that is used and entirely consumed
 (except for trace quantities) in the manufacture of other chemicals, or
 `(B) the reuse or recycling of a substance.
`SEC. 602. LISTING OF CLASS I AND CLASS II SUBSTANCES.
 `(a) LIST OF CLASS I SUBSTANCES- Within 60 days after enactment of the Clean
 Air Act Amendments of 1990, the Administrator shall publish an initial list
 of class I substances, which list shall contain the following substances:
       Group I
       chlorofluorocarbon-11 (CFC-11)
       chlorofluorocarbon-12 (CFC-12)
       chlorofluorocarbon-113 (CFC-113)
       chlorofluorocarbon-114 (CFC-114)
       chlorofluorocarbon-115 (CFC-115)
       Group II
       halon-1211
       halon-1301
       halon-2402
       Group III
       chlorofluorocarbon-13 (CFC-13)
       chlorofluorocarbon-111 (CFC-111)
       chlorofluorocarbon-112 (CFC-112)
       chlorofluorocarbon-211 (CFC-211)
       chlorofluorocarbon-212 (CFC-212)
       chlorofluorocarbon-213 (CFC-213)
       chlorofluorocarbon-214 (CFC-214)
       chlorofluorocarbon-215 (CFC-215)
       chlorofluorocarbon-216 (CFC-216)
       chlorofluorocarbon-217 (CFC-217)
       Group IV
       carbon tetrachloride
       Group V
       methyl chloroform
The initial list under this subsection shall also include the isomers of the
substances listed above, other than 1,1,2-trichloroethane (an isomer of methyl
chloroform). Pursuant to subsection (c), the Administrator shall add to the
list of class I substances any other substance that the Administrator finds
causes or contributes significantly to harmful effects on the stratospheric
ozone layer. The Administrator shall, pursuant to subsection (c), add to
such list all substances that the Administrator determines have an ozone
depletion potential of 0.2 or greater.
 `(b) LIST OF CLASS II SUBSTANCES- Simultaneously with publication of the
 initial list of class I substances, the Administrator shall publish an initial
 list of class II substances, which shall contain the following substances:
hydrochlorofluorocarbon-21 (HCFC-21)
hydrochlorofluorocarbon-22 (HCFC-22)
hydrochlorofluorocarbon-31 (HCFC-31)
hydrochlorofluorocarbon-121 (HCFC-121)
hydrochlorofluorocarbon-122 (HCFC-122)
hydrochlorofluorocarbon-123 (HCFC-123)
hydrochlorofluorocarbon-124 (HCFC-124)
hydrochlorofluorocarbon-131 (HCFC-131)
hydrochlorofluorocarbon-132 (HCFC-132)
hydrochlorofluorocarbon-133 (HCFC-133)
hydrochlorofluorocarbon-141 (HCFC-141)
hydrochlorofluorocarbon-142 (HCFC-142)
hydrochlorofluorocarbon-221 (HCFC-221)
hydrochlorofluorocarbon-222 (HCFC-222)
hydrochlorofluorocarbon-223 (HCFC-223)
hydrochlorofluorocarbon-224 (HCFC-224)
hydrochlorofluorocarbon-225 (HCFC-225)
hydrochlorofluorocarbon-226 (HCFC-226)
hydrochlorofluorocarbon-231 (HCFC-231)
hydrochlorofluorocarbon-232 (HCFC-232)
hydrochlorofluorocarbon-233 (HCFC-233)
hydrochlorofluorocarbon-234 (HCFC-234)
hydrochlorofluorocarbon-235 (HCFC-235)
hydrochlorofluorocarbon-241 (HCFC-241)
hydrochlorofluorocarbon-242 (HCFC-242)
hydrochlorofluorocarbon-243 (HCFC-243)
hydrochlorofluorocarbon-244 (HCFC-244)
hydrochlorofluorocarbon-251 (HCFC-251)
hydrochlorofluorocarbon-252 (HCFC-252)
hydrochlorofluorocarbon-253 (HCFC-253)
hydrochlorofluorocarbon-261 (HCFC-261)
hydrochlorofluorocarbon-262 (HCFC-262)
hydrochlorofluorocarbon-271 (HCFC-271)
The initial list under this subsection shall also include the isomers of
the substances listed above. Pursuant to subsection (c), the Administrator
shall add to the list of class II substances any other substance that the
Administrator finds is known or may reasonably be anticipated to cause or
contribute to harmful effects on the stratospheric ozone layer.
 `(c) ADDITIONS TO THE LISTS- (1) The Administrator may add, by rule, in
 accordance with the criteria set forth in subsection (a) or (b), as the case
 may be, any substance to the list of class I or class II substances under
 subsection (a) or (b). For purposes of exchanges under section 507, whenever a
 substance is added to the list of class I substances the Administrator shall,
 to the extent consistent with the Montreal Protocol, assign such substance
 to existing Group I, II, III, IV, or V or place such substance in a new Group.
 `(2) Periodically, but not less frequently than every 3 years after the
 enactment of the Clean Air Act Amendments of 1990, the Administrator shall
 list, by rule, as additional class I or class II substances those substances
 which the Administrator finds meet the criteria of subsection (a) or (b),
 as the case may be.
 `(3) At any time, any person may petition the Administrator to add a substance
 to the list of class I or class II substances. Pursuant to the criteria set
 forth in subsection (a) or (b) as the case may be, within 180 days after
 receiving such a petition, the Administrator shall either propose to add the
 substance to such list or publish an explanation of the petition denial. In
 any case where the Administrator proposes to add a substance to such list,
 the Administrator shall add, by rule, (or make a final determination not
 to add) such substance to such list within 1 year after receiving such
 petition. Any petition under this paragraph shall include a showing by
 the petitioner that there are data on the substance adequate to support
 the petition. If the Administrator determines that information on the
 substance is not sufficient to make a determination under this paragraph,
 the Administrator shall use any authority available to the Administrator,
 under any law administered by the Administrator, to acquire such information.
 `(4) Only a class II substance which is added to the list of class I
 substances may be removed from the list of class II substances. No substance
 referred to in subsection (a), including methyl chloroform, may be removed
 from the list of class I substances.
 `(d) NEW LISTED SUBSTANCES- In the case of any substance added to the list
 of class I or class II substances after publication of the initial list of
 such substances under this section, the Administrator may extend any schedule
 or compliance deadline contained in section 604 or 605 to a later date than
 specified in such sections if such schedule or deadline is unattainable,
 considering when such substance is added to the list. No extension under this
 subsection may extend the date for termination of production of any class
 I substance to a date more than 7 years after January 1 of the year after
 the year in which the substance is added to the list of class I substances.
 No extension under this subsection may extend the date for termination of
 production of any class II substance to a date more than 10 years after
 January 1 of the year after the year in which the substance is added to
 the list of class II substances.
 `(e) OZONE-DEPLETION AND GLOBAL WARMING POTENTIAL- Simultaneously with
 publication of the lists under this section and simultaneously with
 any addition to either of such lists, the Administrator shall assign
 to each listed substance a numerical value representing the substance's
 ozone-depletion potential. In addition, the Administrator shall publish the
 chlorine and bromine loading potential and the atmospheric lifetime of each
 listed substance. One year after enactment of the Clean Air Act Amendments
 of 1990 (one year after the addition of a substance to either of such lists
 in the case of a substance added after the publication of the initial lists
 of such substances), and after notice and opportunity for public comment,
 the Administrator shall publish the global warming potential of each listed
 substance. The preceding sentence shall not be construed to be the basis
 of any additional regulation under this Act. In the case of the substances
 referred to in table 1, the ozone-depletion potential shall be as specified
 in table 1, unless the Administrator adjusts the substance's ozone-depletion
 potential based on criteria referred to in section 601(10):
`TABLE 1
------------------------------------------------------------------------
 Substance                                    Ozone-depletion potential
------------------------------------------------------------------------
 chlorofluorocarbon-11 (CFC-11)                1.0
 chlorofluorocarbon-12 (CFC-12)                1.0
 chlorofluorocarbon-13 (CFC-13)                1.0
 chlorofluorocarbon-111 (CFC-111)              1.0
 chlorofluorocarbon-112 (CFC-112)              1.0
 chlorofluorocarbon-113 (CFC-113)              0.8
 chlorofluorocarbon-114 (CFC-114)              1.0
 chlorofluorocarbon-115 (CFC-115)              0.6
 chlorofluorocarbon-211 (CFC-211)              1.0
 chlorofluorocarbon-212 (CFC-212)              1.0
 chlorofluorocarbon-213 (CFC-213)              1.0
 chlorofluorocarbon-214 (CFC-214)              1.0
 chlorofluorocarbon-215 (CFC-215)              1.0
 chlorofluorocarbon-216 (CFC-216)              1.0
 chlorofluorocarbon-217 (CFC-217)              1.0
 halon-1211                                    3.0
 halon-1301                                   10.0
 halon-2402                                    6.0
 carbon tetrachloride                          1.1
 methyl chloroform                             0.1
 hydrochlorofluorocarbon-22 (HCFC-22)          0.05
 hydrochlorofluorocarbon-123 (HCFC-123)        0.02
 hydrochlorofluorocarbon-124 (HCFC-124)        0.02
 hydrochlorofluorocarbon-141(b) (HCFC-141(b))  0.1
 hydrochlorofluorocarbon-142(b) (HCFC-142(b))  0.06
------------------------------------------------------------------------
Where the ozone-depletion potential of a substance is specified in the Montreal
Protocol, the ozone-depletion potential specified for that substance under
this section shall be consistent with the Montreal Protocol.
`SEC. 603. MONITORING AND REPORTING REQUIREMENTS.
 `(a) REGULATIONS- Within 270 days after the enactment of the Clean Air Act
 Amendments of 1990, the Administrator shall amend the regulations of the
 Administrator in effect on such date regarding monitoring and reporting
 of class I and class II substances. Such amendments shall conform to
 the requirements of this section. The amended regulations shall include
 requirements with respect to the time and manner of monitoring and reporting
 as required under this section.
 `(b) PRODUCTION, IMPORT, AND EXPORT LEVEL REPORTS- On a quarterly basis, or
 such other basis (not less than annually) as determined by the Administrator,
 each person who produced, imported, or exported a class I or class II
 substance shall file a report with the Administrator setting forth the
 amount of the substance that such person produced, imported, and exported
 during the preceding reporting period. Each such report shall be signed and
 attested by a responsible officer. No such report shall be required from
 a person after April 1 of the calendar year after such person permanently
 ceases production, importation, and exportation of the substance and so
 notifies the Administrator in writing.
 `(c) BASELINE REPORTS FOR CLASS I SUBSTANCES- Unless such information has
 previously been reported to the Administrator, on the date on which the
 first report under subsection (b) is required to be filed, each person who
 produced, imported, or exported a class I substance (other than a substance
 added to the list of class I substances after the publication of the initial
 list of such substances under this section) shall file a report with the
 Administrator setting forth the amount of such substance that such person
 produced, imported, and exported during the baseline year. In the case of
 a substance added to the list of class I substances after publication of
 the initial list of such substances under this section, the regulations
 shall require that each person who produced, imported, or exported such
 substance shall file a report with the Administrator within 180 days after
 the date on which such substance is added to the list, setting forth the
 amount of the substance that such person produced, imported, and exported
 in the baseline year.
 `(d) MONITORING AND REPORTS TO CONGRESS- (1) The Administrator shall monitor
 and, not less often than every 3 years following enactment of the Clean
 Air Act Amendments of 1990, submit a report to Congress on the production,
 use and consumption of class I and class II substances. Such report shall
 include data on domestic production, use and consumption, and an estimate
 of worldwide production, use and consumption of such substances. Not less
 frequently than every 6 years the Administrator shall report to Congress on
 the environmental and  economic effects of any stratospheric ozone depletion.
 `(2) The Administrators of the National Aeronautics and Space Administration
 and the National Oceanic and Atmospheric Administration shall monitor,
 and not less often than every 3 years following enactment of the Clean
 Air Act Amendments of 1990, submit a report to Congress on the current
 average tropospheric concentration of chlorine and bromine and on the
 level of stratospheric ozone depletion. Such reports shall include updated
 projections of--
 `(A) peak chlorine loading;
 `(B) the rate at which the atmospheric abundance of chlorine is projected
 to decrease after the year 2000; and
 `(C) the date by which the atmospheric abundance of chlorine is projected
 to return to a level of two parts per billion.
Such updated projections shall be made on the basis of current international
and domestic controls on substances covered by this title as well as on the
basis of such controls supplemented by a year 2000 global phase out of all
halocarbon emissions (the base case). It is the purpose of the Congress
through the provisions of this section to monitor closely the production
and consumption of class II substances to assure that the production and
consumption of such substances will not:
 `(i) increase significantly the peak chlorine loading that is projected to
 occur under the base case established for purposes of this section;
 `(ii) reduce significantly the rate at which the atmospheric abundance of
 chlorine is projected to decrease under the base case; or
 `(iii) delay the date by which the average atmospheric concentration of
 chlorine is projected under the base case to return to a level of two parts
 per billion.
 `(e) TECHNOLOGY STATUS REPORT IN 2015- The Administrator shall review, on
 a periodic basis, the progress being made in the development of alternative
 systems or products necessary to manufacture and operate appliances without
 class II substances. If the Administrator finds, after notice and opportunity
 for public comment, that as a result of technological development problems,
 the development of such alternative systems or products will not occur within
 the time necessary to provide for the manufacture of such equipment without
 such substances prior to the applicable deadlines under section 605, the
 Administrator shall, not later than January 1, 2015, so inform the Congress.
 `(f) EMERGENCY REPORT- If, in consultation with the Administrators of the
 National Aeronautics and Space Administration and the National Oceanic
 and Atmospheric Administration, and after notice and opportunity for
 public comment, the Administrator determines that the global production,
 consumption, and use of class II substances are projected to contribute to
 an atmospheric chlorine loading in excess of the base case projections by
 more than  5/10 ths parts per billion, the Administrator shall so inform
 the Congress immediately. The determination referred to in the preceding
 sentence shall be based on the monitoring under subsection (d) and updated
 not less often than every 3 years.
`SEC. 604. PHASE-OUT OF PRODUCTION AND CONSUMPTION OF CLASS I SUBSTANCES.
 `(a) PRODUCTION PHASE-OUT- Effective on January 1 of each year specified in
 Table 2, it shall be unlawful for any person to produce any class I substance
 in an annual quantity greater than the relevant percentage specified in
 Table 2. The percentages in Table 2 refer to a maximum allowable production
 as a percentage of the quantity of the substance produced by the person
 concerned in the baseline year.
`TABLE 2
-----------------------------------------------------------------------
 `Date Carbon tetrachloride Methyl chloroform Other class I substances
-----------------------------------------------------------------------
 `1991 100%                 100%              85%
 `1992  90%                 100%              80%
 `1993  80%                  90%              75%
 `1994  70%                  85%              65%
 `1995  15%                  70%              50%
 `1996  15%                  50%              40%
 `1997  15%                  50%              15%
 `1998  15%                  50%              15%
 `1999  15%                  50%              15%
 `2000                       20%
 `2001                       20%
-----------------------------------------------------------------------
 `(b) TERMINATION OF PRODUCTION OF CLASS I SUBSTANCES- Effective January 1,
 2000 (January 1, 2002 in the case of methyl chloroform), it shall be unlawful
 for any person to produce any amount of a class I substance.
 `(c) REGULATIONS REGARDING PRODUCTION AND CONSUMPTION OF CLASS I SUBSTANCES-
 The Administrator shall promulgate regulations within 10 months after the
 enactment of the Clean Air Act Amendments of 1990 phasing out the production
 of class I substances in accordance with this section and other applicable
 provisions of this title. The Administrator shall also promulgate regulations
 to insure that the consumption of class I substances in the United States is
 phased out and terminated in accordance with the same schedule (subject to
 the same exceptions and other provisions) as is applicable to the phase-out
 and termination of production of class I substances under this title.
 `(d) EXCEPTIONS FOR ESSENTIAL USES OF METHYL CHLOROFORM, MEDICAL DEVICES,
 AND AVIATION SAFETY-
 `(1) ESSENTIAL USES OF METHYL CHLOROFORM- Notwithstanding the termination
 of production required by subsection (b), during the period beginning on
 January 1, 2002, and ending on January 1, 2005, the Administrator, after
 notice and opportunity for public comment, may, to the extent such action is
 consistent with the Montreal Protocol, authorize the production of limited
 quantities of methyl chloroform solely for use in essential applications
 (such as nondestructive testing for metal fatigue and corrosion of existing
 airplane engines and airplane parts susceptible to metal fatigue) for which no
 safe and effective substitute is available. Notwithstanding this paragraph,
 the authority to produce methyl chloroform for use in medical devices shall
 be provided in accordance with paragraph (2).
 `(2) MEDICAL DEVICES- Notwithstanding the termination of production required
 by subsection (b), the Administrator, after notice and opportunity for
 public comment, shall, to the extent such action is consistent with the
 Montreal Protocol, authorize the production of limited quantities of class
 I substances solely for use in medical devices if such authorization is
 determined by the Commissioner, in consultation with the Administrator,
 to be necessary for use in medical devices.
 `(3) AVIATION SAFETY- (A) Notwithstanding the termination of production
 required by subsection (b), the Administrator, after notice and opportunity
 for public comment, may, to the extent such action is consistent with
 the Montreal Protocol, authorize the production of limited quantities
 of halon-1211 (bromochlorodifluoromethane), halon-1301 (bromotrifluoro-
 methane), and halon-2402 (dibromotetrafluoroethane) solely for purposes of
 aviation safety if the Administrator of the Federal Aviation Administration,
 in consultation with the Administrator, determines that no safe and effective
 substitute has been developed and that such authorization is necessary for
 aviation safety purposes.
 `(B) The Administrator of the Federal Aviation Administration shall, in
 consultation with the Administrator, examine whether safe and effective
 substitutes for methyl chloroform or alternative techniques will be
 available for nondestructive testing for metal fatigue and corrosion of
 existing airplane engines and airplane parts susceptible to metal fatigue
 and whether an exception for such uses of methyl chloroform under this
 paragraph will be necessary for purposes of airline safety after January 1,
 2005 and provide a report to Congress in 1998.
 `(4) CAP ON CERTAIN EXCEPTIONS- Under no circumstances may the authority
 set forth in paragraphs (1), (2), and (3) of subsection (d) be applied to
 authorize any person to produce a class I substance in annual quantities
 greater than 10 percent of that produced by such person during the baseline
 year.
 `(e) DEVELOPING COUNTRIES-
 `(1) EXCEPTION- Notwithstanding the phase-out and termination of production
 required under subsections (a) and (b), the Administrator, after notice and
 opportunity for public comment, may, consistent with the Montreal Protocol,
 authorize the production of limited quantities of a class I substance in
 excess of the amounts otherwise allowable under subsection (a) or (b),
 or both, solely for export to, and use in, developing countries that are
 Parties to the Montreal Protocol and are operating under article 5 of such
 Protocol. Any production authorized under this paragraph shall be solely
 for purposes of satisfying the basic domestic needs of such countries.
 `(2) CAP ON EXCEPTION- (A) Under no circumstances may the authority set
 forth in paragraph (1) be applied to authorize any person to produce a class
 I substance in any year for which a production percentage is specified in
 Table 2 of subsection (a) in an annual quantity greater than the specified
 percentage, plus an amount equal to 10 percent of the amount produced by
 such person in the baseline year.
 `(B) Under no circumstances may the authority set forth in paragraph (1)
 be applied to authorize any person to produce a class I substance in the
 applicable termination year referred to in subsection (b), or in any year
 thereafter, in an annual quantity greater than 15 percent of the baseline
 quantity of such substance produced by such person.
 `(C) An exception authorized under this subsection shall terminate no later
 than January 1, 2010 (2012 in the case of methyl chloroform).
 `(f) NATIONAL SECURITY- The President may, to the extent such action is
 consistent with the Montreal Protocol, issue such orders regarding production
 and use of CFC-114 (chlorofluorocarbon-114), halon-1211, halon-1301, and
 halon-2402, at any specified site or facility or on any vessel as may be
 necessary to protect the national security interests of the United States if
 the President finds that adequate substitutes are not available and that the
 production and use of such substance are necessary to protect such national
 security interest. Such orders may include, where necessary to protect such
 interests, an exemption from any prohibition or requirement contained in this
 title. The President shall notify the Congress within 30 days of the issuance
 of an order under this paragraph providing for any such exemption. Such
 notification shall include a statement of the reasons for the granting of
 the exemption. An exemption under this paragraph shall be for a specified
 period which may not exceed one year. Additional exemptions may be granted,
 each upon the President's issuance of a new order under this paragraph. Each
 such additional exemption shall be for a specified period which may not
 exceed one year. No exemption shall be granted under this paragraph due
 to lack of appropriation unless the President shall have specifically
 requested such appropriation as a part of the budgetary process and the
 Congress shall have failed to make available such requested appropriation.
 `(g) FIRE SUPPRESSION AND EXPLOSION PREVENTION- (1) Notwithstanding the
 production phase-out set forth in subsection (a), the Administrator,
 after notice and opportunity for public comment, may, to the extent such
 action is consistent with the Montreal Protocol, authorize the production
 of limited quantities of halon-1211, halon-1301, and halon-2402 in excess
 of the amount otherwise permitted pursuant to the schedule under subsection
 (a) solely for purposes of fire suppression or explosion prevention if the
 Administrator, in consultation with the Administrator of the United States
 Fire Administration, determines that no safe and effective substitute has
 been developed and that such authorization is necessary for fire suppression
 or explosion prevention purposes. The Administrator shall not authorize
 production under this paragraph for purposes of fire safety or explosion
 prevention training or testing of fire suppression or explosion prevention
 equipment. In no event shall the Administrator grant an exception under
 this paragraph that permits production after December 31, 1999.
 `(2) The Administrator shall periodically monitor and assess the status of
 efforts to obtain substitutes for the substances referred to in paragraph (1)
 for purposes of fire suppression or explosion prevention and the probability
 of such substitutes being available by December 31, 1999. The Administrator,
 as part of such assessment, shall consider any relevant assessments under
 the Montreal Protocol and the actions of the Parties pursuant to Article 2B
 of the Montreal Protocol in identifying essential uses and in permitting a
 level of production or consumption that is necessary to satisfy such uses for
 which no adequate alternatives are available after December 31, 1999. The
 Administrator shall report to Congress the results of such assessment in
 1994 and again in 1998.
 `(3) Notwithstanding the termination of production set forth in subsection
 (b), the Administrator, after notice and opportunity for public comment, may,
 to the extent consistent with the Montreal Protocol, authorize the production
 of limited quantities of halon-1211, halon-1301, and halon-2402 in the period
 after December 31, 1999, and before December 31, 2004, solely for purposes
 of fire suppression or explosion prevention in association with domestic
 production of crude oil and natural gas energy supplies on the North Slope
 of Alaska, if the Administrator, in consultation with the Administrator of
 the United States Fire Administration, determines that no safe and effective
 substitute has been developed and that such authorization is necessary for
 fire suppression and explosion prevention purposes. The Administrator shall
 not authorize production under the paragraph for purposes of fire safety or
 explosion prevention training or testing of fire suppression or explosion
 prevention equipment. In no event shall the Administrator authorize under
 this paragraph any person to produce any such halon in an amount greater
 than 3 percent of that produced by such person during the baseline year.
`SEC. 605. PHASE-OUT OF PRODUCTION AND CONSUMPTION OF CLASS II SUBSTANCES.
 `(a) RESTRICTION OF USE OF CLASS II SUBSTANCES- Effective January 1, 2015,
 it shall be unlawful for any person to introduce into interstate commerce
 or use any class II substance unless such substance--
 `(1) has been used, recovered, and recycled;
 `(2) is used and entirely consumed (except for trace quantities) in the
 production of other chemicals; or
 `(3) is used as a refrigerant in appliances manufactured prior to January
 1, 2020.
As used in this subsection, the term `refrigerant' means any class II
substance used for heat transfer in a refrigerating system.
 `(b) PRODUCTION PHASE-OUT- (1) Effective January 1, 2015, it shall be
 unlawful for any person to produce any class II substance in an annual
 quantity greater than the quantity of such substance produced by such person
 during the baseline year.
 `(2) Effective January 1, 2030, it shall be unlawful for any person to
 produce any class II substance.
 `(c) REGULATIONS REGARDING PRODUCTION AND CONSUMPTION OF CLASS II SUBSTANCES-
 By December 31, 1999, the Administrator shall promulgate regulations phasing
 out the production, and restricting the use, of class II substances in
 accordance with this section, subject to any acceleration of the phase-out
 of production under section 606. The Administrator shall also promulgate
 regulations to insure that the consumption of class II substances in
 the United States is phased out and terminated in accordance with the
 same schedule (subject to the same exceptions and other provisions) as
 is applicable to the phase-out and termination of production of class II
 substances under this title.
 `(d) EXCEPTIONS-
 `(1) MEDICAL DEVICES-
 `(A) IN GENERAL- Notwithstanding the termination of production required
 under subsection (b)(2) and the restriction on use referred to in subsection
 (a), the Administrator, after notice and opportunity for public comment,
 shall, to the extent such action is consistent with the Montreal Protocol,
 authorize the production and use of limited quantities of class II substances
 solely for purposes of use in medical devices if such authorization is
 determined by the Commissioner, in consultation with the Administrator,
 to be necessary for use in medical devices.
 `(B) CAP ON EXCEPTION- Under no circumstances may the authority set forth
 in subparagraph (A) be applied to authorize any person to produce a class
 II substance in annual quantities greater than 10 percent of that produced
 by such person during the baseline year.
 `(2) DEVELOPING COUNTRIES-
 `(A) IN GENERAL- Notwithstanding the provisions of subsection (a) or (b),
 the Administrator, after notice and opportunity for public comment, may
 authorize the production of limited quantities of a class II substance in
 excess of the quantities otherwise permitted under such provisions solely for
 export to and use in developing countries that are Parties to the Montreal
 Protocol, as determined by the Administrator.  Any production authorized
 under this subsection shall be solely for purposes of satisfying the basic
 domestic needs of such countries.
 `(B) CAP ON EXCEPTION- (i) Under no circumstances may the authority set forth
 in subparagraph (A) be applied to authorize any person to produce a class
 II substance in any year following the effective date of subsection (b)(1)
 and before the year 2030 in annual quantities greater than 110 percent of the
 quantity of such substance produced by such person during the baseline year.
 `(ii) Under no circumstances may the authority set forth in subparagraph
 (A) be applied to authorize any person to produce a class II substance in
 the year 2030, or any year thereafter, in an annual quantity greater than
 15 percent of the quantity of such substance produced by such person during
 the baseline year.
 `(iii) Each exception authorized under this paragraph shall terminate no
 later than January 1, 2040.
`SEC. 606. ACCELERATED SCHEDULE.
 `(a) IN GENERAL- The Administrator shall promulgate regulations, after
 notice and opportunity for public comment, which establish a schedule for
 phasing out the production and consumption of class I and class II substances
 (or use of class II substances) that is more stringent than set forth in
 section 604 or 605, or both, if--
 `(1) based on an assessment of credible current scientific information
 (including any assessment under the Montreal Protocol) regarding harmful
 effects on the stratospheric ozone layer associated with a class I or class II
 substance, the Administrator determines that such more stringent schedule may
 be necessary to protect human health and the environment against such effects,
 `(2) based on the availability of substitutes for listed substances, the
 Administrator determines that such more stringent schedule is practicable,
 taking into account technological achievability, safety, and other relevant
 factors, or
 `(3) the Montreal Protocol is modified to include a schedule to control or
 reduce production, consumption, or use of any substance more rapidly than
 the applicable schedule under this title.
In making any determination under paragraphs (1) and (2), the Administrator
shall consider the status of the period remaining under the applicable
schedule under this title.
 `(b) PETITION- Any person may petition the Administrator to promulgate
 regulations under this section. The Administrator shall grant or deny
 the petition within 180 days after receipt of any such petition. If the
 Administrator denies the petition, the Administrator shall publish an
 explanation of why the petition was denied. If the Administrator grants such
 petition, such final regulations shall be promulgated within 1 year. Any
 petition under this subsection shall include a showing by the petitioner
 that there are data adequate to support the petition. If the Administrator
 determines that information is not sufficient to make a determination under
 this subsection, the Administrator shall use any authority available to the
 Administrator, under any law administered by the Administrator, to acquire
 such information.
`SEC. 607. EXCHANGE AUTHORITY.
 `(a) TRANSFERS- The Administrator shall, within 10 months after the enactment
 of the Clean Air Act Amendments of 1990, promulgate rules under this title
 providing for the issuance of allowances for the production of class I
 and II substances in accordance with the requirements of this title and
 governing the transfer of such allowances. Such rules shall insure that the
 transactions under the authority of this section will result in greater
 total reductions in the production in each year of class I and class II
 substances than would occur in that year in the absence of such transactions.
 `(b) INTERPOLLUTANT TRANSFERS- (1) The rules under this section shall permit
 a production allowance for a substance for any year to be transferred for
 a production allowance for another substance for the same year on an ozone
 depletion weighted basis.
 `(2) Allowances for substances in each group of class I substances (as
 listed pursuant to section 602) may only be transferred for allowances for
 other substances in the same Group.
 `(3) The Administrator shall, as appropriate, establish groups of class
 II substances for trading purposes and assign class II substances to such
 groups. In the case of class II substances, allowances may only be transferred
 for allowances for other class II substances that are in the same Group.
 `(c) TRADES WITH OTHER PERSONS- The rules under this section shall permit 2
 or more persons to transfer production allowances (including interpollutant
 transfers which meet the requirements of subsections (a) and (b)) if the
 transferor of such allowances will be subject, under such rules, to an
 enforceable and quantifiable reduction in annual production which--
 `(1) exceeds the reduction otherwise applicable to the transferor under
 this title,
 `(2) exceeds the production allowances transferred to the transferee, and
 `(3) would not have occurred in the absence of such transaction.
 `(d) CONSUMPTION- The rules under this section shall also provide for the
 issuance of consumption allowances in accordance with the requirements of
 this title and for the trading of such allowances in the same manner as
 is applicable under this section to the trading of production allowances
 under this section.
`SEC. 608. NATIONAL RECYCLING AND EMISSION REDUCTION PROGRAM.
 `(a) IN GENERAL- (1) The Administrator shall, by not later than January
 1, 1992, promulgate regulations establishing standards and requirements
 regarding the use and disposal of class I substances during the service,
 repair, or disposal of appliances and industrial process refrigeration. Such
 standards and requirements shall become effective not later than July 1, 1992.
 `(2) The Administrator shall, within 4 years after the enactment of the Clean
 Air Act Amendments of 1990, promulgate regulations establishing standards
 and requirements regarding use and disposal of class I and II substances
 not covered by paragraph (1), including the use and disposal of class II
 substances during service, repair, or disposal of appliances and industrial
 process refrigeration.  Such standards and requirements shall become
 effective not later than 12 months after promulgation of the regulations.
 `(3) The regulations under this subsection shall include requirements that--
 `(A) reduce the use and emission of such substances to the lowest achievable
 level, and
 `(B) maximize the recapture and recycling of such substances.
Such regulations may include requirements to use alternative substances
(including substances which are not class I or class II substances) or to
minimize use of class I or class II substances, or to promote the use of
safe alternatives pursuant to section 612 or any combination of the foregoing.
 `(b) SAFE DISPOSAL- The regulations under subsection (a) shall establish
 standards and requirements for the safe disposal of class I and II
 substances. Such regulations shall include each of the following--
 `(1) Requirements that class I or class II substances contained in bulk
 in appliances, machines or other goods shall be removed from each such
 appliance, machine or other good prior to the disposal of such items or
 their delivery for recycling.
 `(2) Requirements that any appliance, machine or other good containing
 a class I or class II substance in bulk shall not be manufactured, sold,
 or distributed in interstate commerce or offered for sale or distribution
 in interstate commerce unless it is equipped with a servicing aperture or
 an equally effective design feature which will facilitate the recapture of
 such substance during service and repair or disposal of such item.
 `(3) Requirements that any product in which a class I or class II substance
 is incorporated so as to constitute an inherent element of such product shall
 be disposed of in a manner that reduces, to the maximum extent practicable,
 the release of such substance into the environment. If the Administrator
 determines that the application of this paragraph to any product would result
 in producing only insignificant environmental benefits, the Administrator
 shall include in such regulations an exception for such product.
 `(c) PROHIBITIONS- (1) Effective July 1, 1992, it shall be unlawful for any
 person, in the course of maintaining, servicing, repairing, or disposing of an
 appliance or industrial process refrigeration, to knowingly vent or otherwise
 knowingly release or dispose of any class I or class II substance used as
 a refrigerant in such appliance (or industrial process refrigeration) in a
 manner which permits such substance to enter the environment. De minimis
 releases associated with good faith attempts to recapture and recycle or
 safely dispose of any such substance shall not be subject to the prohibition
 set forth in the preceding sentence.
 `(2) Effective 5 years after the enactment of the Clean Air Act Amendments of
 1990, paragraph (1) shall also apply to the venting, release, or disposal
 of any substitute substance for a class I or class II substance by any
 person maintaining, servicing, repairing, or disposing of an appliance or
 industrial process refrigeration which contains and uses as a refrigerant
 any such substance, unless the Administrator determines that venting,
 releasing, or disposing of such substance does not pose a threat to the
 environment. For purposes of this paragraph, the term `appliance' includes
 any device which contains and uses as a refrigerant a substitute substance
 and which is used for household or commercial purposes, including any air
 conditioner, refrigerator, chiller, or freezer.
`SEC. 609. SERVICING OF MOTOR VEHICLE AIR CONDITIONERS.
 `(a) REGULATIONS- Within 1 year after the enactment of the Clean Air
 Act Amendments of 1990, the Administrator shall promulgate regulations
 in accordance with this section establishing standards and requirements
 regarding the servicing of motor vehicle air conditioners.
 `(b) DEFINITIONS- As used in this section--
 `(1) The term `refrigerant' means any class I or class II substance used
 in a motor vehicle air conditioner. Effective 5 years after the enactment
 of the Clean Air Act Amendments of 1990, the term  `refrigerant' shall also
 include any substitute substance.
 `(2)(A) The term `approved refrigerant recycling equipment' means equipment
 certified by the Administrator (or an independent standards testing
 organization approved by the Administrator) to meet the standards established
 by the Administrator and applicable to equipment for the extraction and
 reclamation of refrigerant from motor vehicle air conditioners. Such
 standards shall, at a minimum, be at least as stringent as the standards
 of the Society of Automotive Engineers in effect as of the date of the
 enactment of the Clean Air Act Amendments of 1990 and applicable to such
 equipment (SAE standard J-1990).
 `(B) Equipment purchased before the proposal of regulations under this
 section shall be considered certified if it is substantially identical to
 equipment certified as provided in subparagraph (A).
 `(3) The term `properly using' means, with respect to approved refrigerant
 recycling equipment, using such equipment in conformity with standards
 established by the Administrator and applicable to the use of such
 equipment. Such standards shall, at a minimum, be at least as stringent as
 the standards of the Society of Automotive Engineers in effect as of the
 date of the enactment of the Clean Air Act Amendments of 1990 and applicable
 to the use of such equipment (SAE standard J-1989).
 `(4) The term `properly trained and certified' means training and
 certification in the proper use of approved refrigerant recycling equipment
 for motor vehicle air conditioners in conformity with standards established
 by the Administrator and applicable to the performance of service on motor
 vehicle air conditioners. Such standards shall, at a minimum, be at least
 as stringent as specified, as of the date of the enactment of the Clean
 Air Act Amendments of 1990, in SAE standard J-1989 under the certification
 program of the National Institute for Automotive Service Excellence (ASE)
 or under a similar program such as the training and certification program
 of the Mobile Air Conditioning Society (MACS).
 `(c) SERVICING MOTOR VEHICLE AIR CONDITIONERS- Effective January 1, 1992,
 no person repairing or servicing motor vehicles for consideration may perform
 any service on a motor vehicle air conditioner involving the refrigerant for
 such air conditioner without properly using approved refrigerant recycling
 equipment and no such person may perform such service unless such person
 has been properly trained and certified. The requirements of the previous
 sentence shall not apply until January 1, 1993 in the case of a person
 repairing or servicing motor vehicles for consideration at an entity which
 performed service on fewer than 100 motor vehicle air conditioners during
 calendar year 1990 and if such person so certifies, pursuant to subsection
 (d)(2), to the Administrator by Janu- ary 1, 1992.
 `(d) CERTIFICATION- (1) Effective 2 years after the enactment of the Clean
 Air Act Amendments of 1990, each person performing service on motor vehicle
 air conditioners for consideration shall certify to the Administrator either--
 `(A) that such person has acquired, and is properly using, approved
 refrigerant recycling equipment in service on motor vehicle air conditioners
 involving refrigerant and that each individual authorized by such person
 to perform such service is properly trained and certified; or
 `(B) that such person is performing such service at an entity which serviced
 fewer than 100 motor vehicle air conditioners in 1991.
 `(2) Effective January 1, 1993, each person who certified under paragraph
 (1)(B) shall submit a certification under paragraph (1)(A).
 `(3) Each certification under this subsection shall contain the name and
 address of the person certifying under this subsection and the serial
 number of each unit of approved recycling equipment acquired by such
 person and shall be signed and attested by the owner or another responsible
 officer. Certifications under paragraph (1)(A) may be made by submitting
 the required information to the Administrator on a standard form provided
 by the manufacturer of certified refrigerant recycling equipment.
 `(e) SMALL CONTAINERS OF CLASS I OR CLASS II SUBSTANCES- Effective 2
 years after the date of the enactment of the Clean Air Act Amendments
 of 1990, it shall be unlawful for any person to sell or distribute,
 or offer for sale or distribution, in interstate commerce to any person
 (other than a person performing service for consideration on motor vehicle
 air-conditioning systems in compliance with this section) any class I or
 class II substance that is suitable for use as a refrigerant in a motor
 vehicle air-conditioning system and that is in a container which contains
 less than 20 pounds of such refrigerant.
`SEC. 610. NONESSENTIAL PRODUCTS CONTAINING CHLOROFLUOROCARBONS.
 `(a) REGULATIONS- The Administrator shall promulgate regulations to carry
 out the requirements of this section within 1 year after the enactment of
 the Clean Air Act Amendments of 1990.
 `(b) NONESSENTIAL PRODUCTS- The regulations under this section shall
 identify nonessential products that release class I substances into the
 environment (including any release occurring during manufacture, use,
 storage, or disposal) and prohibit any person from selling or distributing
 any such product, or offering any such product for sale or distribution,
 in interstate commerce. At a minimum, such prohibition shall apply to--
 `(1) chlorofluorocarbon-propelled plastic party streamers and noise horns,
 `(2) chlorofluorocarbon-containing cleaning fluids for noncommercial
 electronic and photographic equipment, and
 `(3) other consumer products that are determined by the Administrator--
 `(A) to release class I substances into the environment (including any
 release occurring during manufacture, use, storage, or disposal), and
 `(B) to be nonessential.
In determining whether a product is nonessential, the Administrator shall
consider the purpose or intended use of the product, the technological
availability of substitutes for such product and for such class I substance,
safety, health, and other relevant factors.
 `(c) EFFECTIVE DATE- Effective 24 months after the enactment of the Clean
 Air Act Amendments of 1990, it shall be unlawful for any person to sell or
 distribute, or offer for sale or distribution, in interstate commerce any
 nonessential product to which regulations under subsection (a) implementing
 subsection (b) are applicable.
 `(d) OTHER PRODUCTS- (1) Effective January 1, 1994, it shall be unlawful
 for any person to sell or distribute, or offer for sale or distribution,
 in interstate commerce--
 `(A) any aerosol product or other pressurized dispenser which contains a
 class II substance; or
 `(B) any plastic foam product which contains, or is manufactured with,
 a class II substance.
 `(2) The Administrator is authorized to grant exceptions from the prohibition
 under subparagraph (A) of paragraph (1) where--
 `(A) the use of the aerosol product or pressurized dispenser is determined
 by the Administrator to be essential as a result of flammability or worker
 safety concerns, and
 `(B) the only available alternative to use of a class II substance is use
 of a class I substance which legally could be substituted for such class
 II substance.
 `(3) Subparagraph (B) of paragraph (1) shall not apply to--
 `(A) a foam insulation product, or
 `(B) an integral skin, rigid, or semi-rigid foam utilized to provide
 for motor vehicle safety in accordance with Federal Motor Vehicle Safety
 Standards where no adequate substitute substance (other than a class I or
 class II substance) is practicable for effectively meeting such Standards.
 `(e) MEDICAL DEVICES- Nothing in this section shall apply to any medical
 device as defined in section 601(8).
`SEC. 611. LABELING.
 `(a) REGULATIONS- The Administrator shall promulgate regulations to implement
 the labeling requirements of this section within 18 months after enactment
 of the Clean Air Act Amendments of 1990, after notice and opportunity for
 public comment.
 `(b) CONTAINERS CONTAINING CLASS I OR CLASS II SUBSTANCES AND PRODUCTS
 CONTAINING CLASS I SUBSTANCES- Effective 30 months after the enactment of
 the Clean Air Act Amendments of 1990, no container in which a class I or
 class II substance is stored or transported, and no product containing a
 class I substance, shall be introduced into interstate commerce unless it
 bears a clearly legible and conspicuous label stating:
 ` `Warning: Contains [insert name of substance], a substance which harms
 public health and environment by destroying ozone in the upper atmosphere'.
 `(c) PRODUCTS CONTAINING CLASS II SUBSTANCES- (1) After 30 months after the
 enactment of the Clean Air Act Amendments of 1990, and before January 1,
 2015, no product containing a class II substance shall be introduced into
 interstate commerce unless it bears the label referred to in subsection (b)
 if the Administrator determines, after notice and opportunity for public
 comment, that there are substitute products or manufacturing processes (A)
 that do not rely on the use of such class II substance, (B) that reduce
 the overall risk to human health and the environment, and (C) that are
 currently or potentially available.
 `(2) Effective January 1, 2015, the requirements of subsection (b) shall
 apply to all products containing a class II substance.
 `(d) PRODUCTS MANUFACTURED WITH CLASS I AND CLASS II SUBSTANCES- (1) In
 the case of a class II substance, after 30 months after the enactment
 of the Clean Air Act Amendments of 1990, and before January 1, 2015,
 if the Administrator, after notice and opportunity for public comment,
 makes the determination referred to in subsection (c) with respect to a
 product manufactured with a process that uses such class II substance, no
 such product shall be introduced into interstate commerce unless it bears
 a clearly legible and conspicuous label stating:
 ` `Warning: Manufactured with [insert name of substance], a substance
 which harms public health and environment by destroying ozone in the upper
 atmosphere'
 `(2) In the case of a class I substance, effective 30 months after the
 enactment of the Clean Air Act Amendments of 1990, and before January 1,
 2015, the labeling requirements of this subsection shall apply to all
 products manufactured with a process that uses such class I substance
 unless the Administrator determines that there are no substitute products
 or manufacturing processes that (A) do not rely on the use of such class I
 substance, (B) reduce the overall risk to human health and the environment,
 and (C) are currently or potentially available.
 `(e) PETITIONS- (1) Any person may, at any time after 18 months after the
 enactment of the Clean Air Act Amendments of 1990, petition the Administrator
 to apply the requirements of this section to a product containing a class II
 substance or a product manufactured with a class I or II substance which is
 not otherwise subject to such requirements. Within 180 days after receiving
 such petition, the Administrator shall, pursuant to the criteria set forth
 in subsection (c), either propose to apply the requirements of this section
 to such product or publish an explanation of the petition denial. If the
 Administrator proposes to apply such requirements to such product, the
 Administrator shall, by rule, render a final determination pursuant to such
 criteria within 1 year after receiving such petition.
 `(2) Any petition under this paragaph shall include a showing by the
 petitioner that there are data on the product adequate to support the
 petition.
 `(3) If the Administrator determines that information on the product is not
 sufficient to make the required determination the Administrator shall use
 any authority available to the Administrator under any law administered by
 the Administrator to acquire such information.
 `(4) In the case of a product determined by the Administrator, upon petition
 or on the Administrator's own motion, to be subject to the requirements of
 this section, the Administrator shall establish an effective date for such
 requirements. The effective date shall be 1 year after such determination
 or 30 months after the enactment of the Clean Air Act Amendments of 1990,
 whichever is later.
 `(5) Effective January 1, 2015, the labeling requirements of this subsection
 shall apply to all products manufactured with a process that uses a class
 I or class II substance.
 `(f) RELATIONSHIP TO OTHER LAW- (1) The labeling requirements of this
 section shall not constitute, in whole or part, a defense to liability or
 a cause for reduction in damages in any suit, whether civil or criminal,
 brought under any law, whether Federal or State, other than a suit for
 failure to comply with the labeling requirements of this section.
 `(2) No other approval of such label by the Administrator under any other
 law administered by the Administrator shall be required with respect to
 the labeling requirements of this section.
`SEC. 612. SAFE ALTERNATIVES POLICY.
 `(a) POLICY- To the maximum extent practicable, class I and class II
 substances shall be replaced by chemicals, product substitutes, or
 alternative manufacturing processes that reduce overall risks to human
 health and the environment.
 `(b) REVIEWS AND REPORTS- The Administrator shall--
 `(1) in consultation and coordination with interested members of the public
 and the heads of relevant Federal agencies and departments, recommend Federal
 research programs and other activities to assist in identifying alternatives
 to the use of class I and class II substances as refrigerants, solvents,
 fire retardants, foam blowing agents, and other commercial applications and
 in achieving a transition to such alternatives, and, where appropriate, seek
 to maximize the use of Federal research facilities and resources to assist
 users of class I and class II substances in identifying and developing
 alternatives to the use of such substances as refrigerants, solvents,
 fire retardants, foam blowing agents, and other commercial applications;
 `(2) examine in consultation and coordination with the Secretary of Defense
 and the heads of other relevant Federal agencies and departments, including
 the General Services Administration, Federal procurement practices with
 respect to class I and class II substances and recommend measures to promote
 the transition by the Federal Government, as expeditiously as possible,
 to the use of safe substitutes;
 `(3) specify initiatives, including appropriate intergovernmental,
 international, and commercial information and technology transfers, to
 promote the development and use of safe substitutes for class I and class
 II substances, including alternative chemicals, product substitutes, and
 alternative manufacturing processes; and
 `(4) maintain a public clearinghouse of alternative chemicals, product
 substitutes, and alternative manufacturing processes that are available
 for products and manufacturing processes which use class I and class II
 substances.
 `(c) ALTERNATIVES FOR CLASS I OR II SUBSTANCES- Within  2 years after
 enactment of the Clean Air Act Amendments of 1990, the Administrator shall
 promulgate rules under this section providing that it shall be unlawful to
 replace any class I or class II substance with any substitute substance which
 the Administrator determines may present adverse effects to human health
 or the environment, where the Administrator has identified an alternative
 to such replacement that--
 `(1) reduces the overall risk to human health and the environment; and
 `(2) is currently or potentially available.
The Administrator shall publish a list of (A) the substitutes prohibited under
this subsection for specific uses and (B) the safe alternatives identified
under this subsection for specific uses.
 `(d) RIGHT TO PETITION- Any person may petition the Administrator to add a
 substance to the lists under subsection (c) or to remove a substance from
 either of such lists. The Administrator shall grant or deny the petition
 within 90 days after receipt of any such petition. If the Administrator
 denies the petition, the Administrator shall publish an explanation of
 why the petition was denied. If the Administrator grants such petition the
 Administrator shall publish such revised list within 6 months thereafter. Any
 petition under this subsection shall include a showing by the petitioner
 that there are data on the substance adequate to support the petition. If the
 Administrator determines that information on the substance is not sufficient
 to make a determination under this subsection, the Administrator shall use
 any authority available to the Administrator, under any law administered
 by the Administrator, to acquire such information.
 `(e) STUDIES AND NOTIFICATION- The Administrator shall require any person
 who produces a chemical substitute for a class I substance to provide the
 Administrator with such person's unpublished health and safety studies
 on such substitute and require producers to notify the Administrator not
 less than 90 days before new or existing chemicals are introduced into
 interstate commerce for significant new uses as substitutes for a class I
 substance. This subsection shall be subject to section 114(c).
`SEC. 613. FEDERAL PROCUREMENT.
 `Not later than 18 months after the enactment of the Clean Air Act Amendments
 of 1990, the Administrator, in consultation with the Administrator of the
 General Services Administration and the Secretary of Defense, shall promulgate
 regulations requiring each department, agency, and instrumentality of
 the United States to conform its procurement regulations to the policies
 and requirements of this title and to maximize the substitution of
 safe alternatives identified under sect