
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7412]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
              Part A--Air Quality and Emission Limitations
 
Sec. 7412. Hazardous air pollutants


(a) Definitions

    For purposes of this section, except subsection (r) of this 
section--

                          (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 subchapter 
    II of this chapter.

                        (3) Stationary source

        The term ``stationary source'' shall have the same meaning as 
    such term has under section 7411(a) of this title.

                           (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) of this section.

                  (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.\1\ Any 
    revisions in the existing Guidelines shall be subject to notice and 
    opportunity for comment.
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    \1\ See References in Text note below.
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(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)
   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)<INF>2</INF>.
\2\ Includes mono- and di- ethers of ethylene glycol, diethylene glycol,
  and triethylene glycol R-(OCH2CH2)<INF>n</INF>-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)<INF>n</INF>-OH. Polymers are excluded from the glyc
ol
  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 100C.
\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) of this section as a result of emissions to the air. 
    No air pollutant which is listed under section 7408(a) of this title 
    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 7408(a) of 
    this title or to any pollutant which is in a class of pollutants 
    listed under such section. No substance, practice, process or 
    activity regulated under subchapter VI of this chapter 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 November 15, 
    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 \2\ 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.
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    \2\ So in original. Probably should be ``effects''.
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        (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) of 
    this section applicable to any source category or subcategory of a 
    listed hazardous air pollutant without a CAS number listed under 
    subsection (b) of this section for which a deletion petition has 
    been filed within 12 months of November 15, 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 of this subchapter (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 November 15, 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) of this section. 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 7411 
    of this title and part C of this subchapter. 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) of this section, according to the schedule in this 
    subsection and subsection (e) of this section.

                          (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 November 15, 1990, and pursuant to 
    subsection (k)(3)(B) of this section, 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 November 15, 
    1990.

                 (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 November 15, 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) of this section for the 
    category or subcategory shall be promulgated within 10 years after 
    November 15, 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 
    November 15, 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) of this section. Such 
    standards shall be promulgated not later than 10 years after 
    November 15, 1990. 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 chapter.

                     (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) of this 
    section.
        (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) of this section in accordance with the 
    schedules provided in subsections (c) and (e) of this section. 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) 
    of this section 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) of this section, 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 7414(c) of this 
    title, 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 7501 of 
        this title) 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) of this section, the 
    Administrator may, in lieu of the authorities provided in paragraph 
    (2) and subsection (f) of this section, 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 7411 of 
    this title, part C or D of this subchapter, or other authority of 
    this chapter 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) of this section, 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) of this section, the compliance date 
    for such work practice regulations for coke oven batteries shall be 
    not later than the date 3 years after November 15, 1990.
        (C) For coke oven batteries electing to qualify for an extension 
    of the compliance date for standards promulgated under subsection 
    (f) of this section in accordance with subsection (i)(8) of this 
    section, 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) of this section, 
    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 November 15, 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 [42 U.S.C. 2011 et seq.] 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 7411 of this title 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) of 
    this section 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 November 15, 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 November 15, 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 November 15, 1990; and
            (E) emission standards for all categories and subcategories 
        shall be promulgated not later than 10 years after November 15, 
        1990.

                           (2) Priorities

        In determining priorities for promulgating standards under 
    subsection (d) of this section, 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 November 15, 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) of this section 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 7604 of this title.

                         (4) Judicial review

        Notwithstanding section 7607 of this title, no action of the 
    Administrator adding a pollutant to the list under subsection (b) of 
    this section or listing a source category or subcategory under 
    subsection (c) of this section shall be a final agency action 
    subject to judicial review, except that any such action may be 
    reviewed under such section 7607 of this title 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) of this section applicable to publicly owned 
    treatment works (as defined in title II of the Federal Water 
    Pollution Control Act [33 U.S.C. 1281 et seq.]) not later than 5 
    years after November 15, 1990.

(f) Standard to protect health and environment

                             (1) Report

        Not later than 6 years after November 15, 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) of this section;
            (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) of this section, 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 November 15, 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 
    November 15, 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) of this section 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 
    November 15, 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) of this 
    section for each source category or subcategory concerned. In the 
    case of categories or subcategories for which standards under 
    subsection (d) of this section are required to be promulgated within 
    2 years after November 15, 1990, the Administrator shall have 9 
    years after promulgation of the standards under subsection (d) of 
    this section 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) of this section and for which 
    an emission standard is promulgated pursuant to subsection (d)(5) of 
    this section.

                   (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 November 15, 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) of this section 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 
    subchapter V of this chapter 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 
    subchapter V of this chapter 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) of this section. 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) of this section, 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 subchapter V of this chapter) 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 
    subchapter V of this chapter) may issue a permit that grants an 
    extension permitting an existing source up to 1 additional year to 
    comply with standards under subsection (d) of this section 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) of this section.

                     (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 subchapter V of this chapter) 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) of this section 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) of this 
    section 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 November 15, 1990, pursuant to an 
    information request issued under section 7414 of this title.
        (D) For each source granted an alternative emission limitation 
    under this paragraph there shall be established by a permit issued 
    pursuant to subchapter V of this chapter 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) of this section 
    and the Administrator shall, for the purpose of determining whether 
    a standard under subsection (f) of this section 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 
        7479(3) of this title), or
            (B) technology required to meet a lowest achievable emission 
        rate (as defined in section 7501 of this title),

    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) of this section but before the 
    date an emission standard applicable to such source is proposed 
    pursuant to subsection (f) of this section shall not be required to 
    comply with the emission standard under subsection (f) of this 
    section 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) of this section, 
    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) of this 
    section 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 7501 of this title 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 7501 of this 
    title 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) of this section 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) of this 
    section 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) of this section 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) of this section.
        (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) of this section 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 subchapter V of this chapter in such State, but not 
    prior to the date 42 months after November 15, 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) of this section, 
    and beginning 18 months after such date (but not prior to the 
    effective date of a permit program under subchapter V of this 
    chapter), 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 November 15, 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 7661d of this title. 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 subchapter V of this 
    chapter 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) of this section. 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) of this section. For purposes of the 
    preceding sentence, the reduction required by subsection (i)(5)(A) 
    of this section shall be achieved by the date on which the relevant 
    standard should have been promulgated under subsection (d) of this 
    section. 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) of this 
    section.

              (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) of this 
    section. If the Administrator promulgates a standard under 
    subsection (d) of this section 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 
    November 15, 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 November 15, 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) 
        of this section, and
            (ii) identify the source categories or subcategories 
        emitting such pollutants that are or will be listed pursuant to 
        subsection (c) of this section. 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) of this section.

        (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 [15 
    U.S.C. 2601 et seq.], the Federal Insecticide, Fungicide and 
    Rodenticide Act [7 U.S.C. 136 et seq.] and the Resource Conservation 
    and Recovery Act [42 U.S.C. 6901 et seq.]) 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 
    November 15, 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 November 15, 1990, on actions taken 
    under this subsection and other parts of this chapter 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) of this section. 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 chapter.

                            (2) Guidance

        Not later than 12 months after November 15, 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) of this section 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) of this section.

                      (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 7403 of this title 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) of this section.

                     (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 chapter.

    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 subchapter V of 
    this chapter.

(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 [33 U.S.C. 1251 et seq.] and drinking water 
        standards established pursuant to the Safe Drinking Water Act 
        [42 U.S.C. 300f et seq.]; 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 [33 U.S.C. 
    1330(a)(2)(A)] or listed pursuant to section 320(a)(2)(B) of such 
    Act [33 U.S.C. 1330(a)(2)(B)] or estuarine research reserves 
    designated pursuant to section 1461 of title 16.

                             (5) Report

        Within 3 years of November 15, 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 [42 U.S.C. 300f et seq.] or water 
        quality standards pursuant to the Federal Water Pollution 
        Control Act [33 U.S.C. 1251 et seq.] 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 chapter 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 November 15, 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 7627(a) of 
    this title.

(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) of this section after imposition of the 
    requirements of this chapter. The Administrator shall report the 
    results of this study to the Congress within 3 years after November 
    15, 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 November 15, 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 November 15, 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) On completion of the study, the Secretary shall submit to 
    Congress a report on the results of the study and 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) of this section.
        (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) of this 
    section, 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) of this section, 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 [42 U.S.C. 6982(m)] 
    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 November 15, 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 chapter including sections \3\ 7411 of this title and this 
    section.
---------------------------------------------------------------------------
    \3\ So in original. Probably should be ``section''.
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                        (6) Hydrofluoric acid

        Not later than 2 years after November 15, 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 [42 U.S.C. 6921 et seq.], 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 November 15, 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 November 15, 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 
    chapter 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 chapter, 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) of this section, 
    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 7607 of this title.

(p) Mickey Leland National 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 [November 15, 
    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) of this section 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 7607 of this title 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 [November 15, 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 
    [November 15, 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 November 15, 1990, with respect to medical 
    research or treatment facilities shall take effect for two years 
    following November 15, 1990, unless the Administrator makes a 
    determination pursuant to a rulemaking under subsection (d)(9) of 
    this section. 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 this section 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 
    subsection (d)(9) of this section.

(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 of title 29 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 7604 of this title 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.
        (D) The term ``retail facility'' means a stationary source at 
    which more than one-half of the income is obtained from direct sales 
    to end users or at which more than one-half of the fuel sold, by 
    volume, is sold through a cylinder exchange program.

                       (3) List of substances

        The Administrator shall promulgate not later than 24 months 
    after November 15, 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 
    [42 U.S.C. 11001 et seq.], 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 subchapter VI of this chapter 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) of this section.

                    (4) Factors to be considered

        In listing substances under paragraph (3), the Administrator--
            (A) shall consider--
                (i) the severity of any acute adverse health effects 
            associated with accidental releases of the substance;
                (ii) the likelihood of accidental releases of the 
            substance; and
                (iii) the potential magnitude of human exposure to 
            accidental releases of the substance; and

            (B) shall not list a flammable substance when used as a fuel 
        or held for sale as a fuel at a retail facility under this 
        subsection solely because of the explosive or flammable 
        properties of the substance, unless a fire or explosion caused 
        by the substance will result in acute adverse health effects 
        from human exposure to the substance, including the unburned 
        fuel or its combustion byproducts, other than those caused by 
        the heat of the fire or impact of the explosion.

                       (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 
        [29 U.S.C. 651 et seq.] 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 November 15, 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) \4\ in preventing accidental releases. The Board 
    may from time to time review and revise its recommendations under 
    this subparagraph.
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    \4\ So in original. Probably should be paragraph ``(7)(B)''.
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        (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 November 15, 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 [29 U.S.C. 651 et seq.]. 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 
    [29 U.S.C. 651 et seq.].
        (M) In addition to that described in subparagraph (L), the Board 
    may use any information gathering authority of the Administrator 
    under this chapter, including the subpoena power provided in section 
    7607(a)(1) of this title.
        (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 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 7413 and 7414 of this 
    title. 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 7413, 7414, 
    7416, 7420, 7603, 7604 and 7607 of this title and any other 
    enforcement provisions of this chapter, as a request made by the 
    Administrator under section 7414 of this title 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 \5\ (G) and section 7414(c) of 
    this title 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, 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 chapter or when relevant under any proceeding under this 
    chapter. This subparagraph does not constitute authority to withhold 
    records, reports, or information from the Congress.
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    \5\ So in original. Probably should be ``subparagraph''.
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        (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 chapter, 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 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 November 15, 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 7414(c) of this title. 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 7413, 7414, 7416, 7420, 7604, and 7607 of this title and 
    other enforcement provisions of this chapter, be treated as a 
    standard in effect under subsection (d) of this section.
        (F) Notwithstanding the provisions of subchapter V of this 
    chapter or this section, no stationary source shall be required to 
    apply for, or operate pursuant to, a permit issued under such 
    subchapter 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, be deemed to be exercising statutory authority to prescribe or 
    enforce standards or regulations affecting occupational safety and 
    health.
        (H) Public access to off-site consequence analysis 
    information.--
            (i) Definitions.--In this subparagraph:
                (I) Covered person.--The term ``covered person'' means--
                    (aa) an officer or employee of the United States;
                    (bb) an officer or employee of an agent or 
                contractor of the Federal Government;
                    (cc) an officer or employee of a State or local 
                government;
                    (dd) an officer or employee of an agent or 
                contractor of a State or local government;
                    (ee) an individual affiliated with an entity that 
                has been given, by a State or local government, 
                responsibility for preventing, planning for, or 
                responding to accidental releases;
                    (ff) an officer or employee or an agent or 
                contractor of an entity described in item (ee); and
                    (gg) a qualified researcher under clause (vii).

                (II) Official use.--The term ``official use'' means an 
            action of a Federal, State, or local government agency or an 
            entity referred to in subclause (I)(ee) intended to carry 
            out a function relevant to preventing, planning for, or 
            responding to accidental releases.
                (III) Off-site consequence analysis information.--The 
            term ``off-site consequence analysis information'' means 
            those portions of a risk management plan, excluding the 
            executive summary of the plan, consisting of an evaluation 
            of 1 or more worst-case release scenarios or alternative 
            release scenarios, and any electronic data base created by 
            the Administrator from those portions.
                (IV) Risk management plan.--The term ``risk management 
            plan'' means a risk management plan submitted to the 
            Administrator by an owner or operator of a stationary source 
            under subparagraph (B)(iii).

            (ii) Regulations.--Not later than 1 year after August 5, 
        1999, the President shall--
                (I) assess--
                    (aa) the increased risk of terrorist and other 
                criminal activity associated with the posting of off-
                site consequence analysis information on the Internet; 
                and
                    (bb) the incentives created by public disclosure of 
                off-site consequence analysis information for reduction 
                in the risk of accidental releases; and

                (II) based on the assessment under subclause (I), 
            promulgate regulations governing the distribution of off-
            site consequence analysis information in a manner that, in 
            the opinion of the President, minimizes the likelihood of 
            accidental releases and the risk described in subclause 
            (I)(aa) and the likelihood of harm to public health and 
            welfare, and--
                    (aa) allows access by any member of the public to 
                paper copies of off-site consequence analysis 
                information for a limited number of stationary sources 
                located anywhere in the United States, without any 
                geographical restriction;
                    (bb) allows other public access to off-site 
                consequence analysis information as appropriate;
                    (cc) allows access for official use by a covered 
                person described in any of items (cc) through (ff) of 
                clause (i)(I) (referred to in this subclause as a 
                ``State or local covered person'') to off-site 
                consequence analysis information relating to stationary 
                sources located in the person's State;
                    (dd) allows a State or local covered person to 
                provide, for official use, off-site consequence analysis 
                information relating to stationary sources located in 
                the person's State to a State or local covered person in 
                a contiguous State; and
                    (ee) allows a State or local covered person to 
                obtain for official use, by request to the 
                Administrator, off-site consequence analysis information 
                that is not available to the person under item (cc).

            (iii) Availability under freedom of information act.--
                (I) First year.--Off-site consequence analysis 
            information, and any ranking of stationary sources derived 
            from the information, shall not be made available under 
            section 552 of title 5 during the 1-year period beginning on 
            August 5, 1999.
                (II) After first year.--If the regulations under clause 
            (ii) are promulgated on or before the end of the period 
            described in subclause (I), off-site consequence analysis 
            information covered by the regulations, and any ranking of 
            stationary sources derived from the information, shall not 
            be made available under section 552 of title 5 after the end 
            of that period.
                (III) Applicability.--Subclauses (I) and (II) apply to 
            off-site consequence analysis information submitted to the 
            Administrator before, on, or after August 5, 1999.

            (iv) Availability of information during transition period.--
        The Administrator shall make off-site consequence analysis 
        information available to covered persons for official use in a 
        manner that meets the requirements of items (cc) through (ee) of 
        clause (ii)(II), and to the public in a form that does not make 
        available any information concerning the identity or location of 
        stationary sources, during the period--
                (I) beginning on August 5, 1999; and
                (II) ending on the earlier of the date of promulgation 
            of the regulations under clause (ii) or the date that is 1 
            year after August 5, 1999.

            (v) Prohibition on unauthorized disclosure of information by 
        covered persons.--
                (I) In general.--Beginning on August 5, 1999, a covered 
            person shall not disclose to the public off-site consequence 
            analysis information in any form, or any statewide or 
            national ranking of identified stationary sources derived 
            from such information, except as authorized by this 
            subparagraph (including the regulations promulgated under 
            clause (ii)). After the end of the 1-year period beginning 
            on August 5, 1999, if regulations have not been promulgated 
            under clause (ii), the preceding sentence shall not apply.
                (II) Criminal penalties.--Notwithstanding section 7413 
            of this title, a covered person that willfully violates a 
            restriction or prohibition established by this subparagraph 
            (including the regulations promulgated under clause (ii)) 
            shall, upon conviction, be fined for an infraction under 
            section 3571 of title 18 (but shall not be subject to 
            imprisonment) for each unauthorized disclosure of off-site 
            consequence analysis information, except that subsection (d) 
            of such section 3571 shall not apply to a case in which the 
            offense results in pecuniary loss unless the defendant knew 
            that such loss would occur. The disclosure of off-site 
            consequence analysis information for each specific 
            stationary source shall be considered a separate offense. 
            The total of all penalties that may be imposed on a single 
            person or organization under this item shall not exceed 
            $1,000,000 for violations committed during any 1 calendar 
            year.
                (III) Applicability.--If the owner or operator of a 
            stationary source makes off-site consequence analysis 
            information relating to that stationary source available to 
            the public without restriction--
                    (aa) subclauses (I) and (II) shall not apply with 
                respect to the information; and
                    (bb) the owner or operator shall notify the 
                Administrator of the public availability of the 
                information.

                (IV) List.--The Administrator shall maintain and make 
            publicly available a list of all stationary sources that 
            have provided notification under subclause (III)(bb).

            (vi) Notice.--The Administrator shall provide notice of the 
        definition of official use as provided in clause (i)(III) and 
        examples of actions that would and would not meet that 
        definition, and notice of the restrictions on further 
        dissemination and the penalties established by this chapter to 
        each covered person who receives off-site consequence analysis 
        information under clause (iv) and each covered person who 
        receives off-site consequence analysis information for an 
        official use under the regulations promulgated under clause 
        (ii).
            (vii) Qualified researchers.--
                (I) In general.--Not later than 180 days after August 5, 
            1999, the Administrator, in consultation with the Attorney 
            General, shall develop and implement a system for providing 
            off-site consequence analysis information, including 
            facility identification, to any qualified researcher, 
            including a qualified researcher from industry or any public 
            interest group.
                (II) Limitation on dissemination.--The system shall not 
            allow the researcher to disseminate, or make available on 
            the Internet, the off-site consequence analysis information, 
            or any portion of the off-site consequence analysis 
            information, received under this clause.

            (viii) Read-only information technology system.--In 
        consultation with the Attorney General and the heads of other 
        appropriate Federal agencies, the Administrator shall establish 
        an information technology system that provides for the 
        availability to the public of off-site consequence analysis 
        information by means of a central data base under the control of 
        the Federal Government that contains information that users may 
        read, but that provides no means by which an electronic or 
        mechanical copy of the information may be made.
            (ix) Voluntary industry accident prevention standards.--The 
        Environmental Protection Agency, the Department of Justice, and 
        other appropriate agencies may provide technical assistance to 
        owners and operators of stationary sources and participate in 
        the development of voluntary industry standards that will help 
        achieve the objectives set forth in paragraph (1).
            (x) Effect on state or local law.--
                (I) In general.--Subject to subclause (II), this 
            subparagraph (including the regulations promulgated under 
            this subparagraph) shall supersede any provision of State or 
            local law that is inconsistent with this subparagraph 
            (including the regulations).
                (II) Availability of information under state law.--
            Nothing in this subparagraph precludes a State from making 
            available data on the off-site consequences of chemical 
            releases collected in accordance with State law.

            (xi) Report.--
                (I) In general.--Not later than 3 years after August 5, 
            1999, the Attorney General, in consultation with appropriate 
            State, local, and Federal Government agencies, affected 
            industry, and the public, shall submit to Congress a report 
            that describes the extent to which regulations promulgated 
            under this paragraph have resulted in actions, including the 
            design and maintenance of safe facilities, that are 
            effective in detecting, preventing, and minimizing the 
            consequences of releases of regulated substances that may be 
            caused by criminal activity. As part of this report, the 
            Attorney General, using available data to the extent 
            possible, and a sampling of covered stationary sources 
            selected at the discretion of the Attorney General, and in 
            consultation with appropriate State, local, and Federal 
            governmental agencies, affected industry, and the public, 
            shall review the vulnerability of covered stationary sources 
            to criminal and terrorist activity, current industry 
            practices regarding site security, and security of 
            transportation of regulated substances. The Attorney General 
            shall submit this report, containing the results of the 
            review, together with recommendations, if any, for reducing 
            vulnerability of covered stationary sources to criminal and 
            terrorist activity, to the Committee on Commerce of the 
            United States House of Representatives and the Committee on 
            Environment and Public Works of the United States Senate and 
            other relevant committees of Congress.
                (II) Interim report.--Not later than 12 months after 
            August 5, 1999, the Attorney General shall submit to the 
            Committee on Commerce of the United States House of 
            Representatives and the Committee on Environment and Public 
            Works of the United States Senate, and other relevant 
            committees of Congress, an interim report that includes, at 
            a minimum--
                    (aa) the preliminary findings under subclause (I);
                    (bb) the methods used to develop the findings; and
                    (cc) an explanation of the activities expected to 
                occur that could cause the findings of the report under 
                subclause (I) to be different than the preliminary 
                findings.

                (III) Availability of information.--Information that is 
            developed by the Attorney General or requested by the 
            Attorney General and received from a covered stationary 
            source for the purpose of conducting the review under 
            subclauses (I) and (II) shall be exempt from disclosure 
            under section 552 of title 5 if such information would pose 
            a threat to national security.

            (xii) Scope.--This subparagraph--
                (I) applies only to covered persons; and
                (II) does not restrict the dissemination of off-site 
            consequence analysis information by any covered person in 
            any manner or form except in the form of a risk management 
            plan or an electronic data base created by the Administrator 
            from off-site consequence analysis information.

            (xiii) Authorization of appropriations.--There are 
        authorized to be appropriated to the Administrator and the 
        Attorney General such sums as are necessary to carry out this 
        subparagraph (including the regulations promulgated under clause 
        (ii)), to remain available until expended.

                 (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 7603 
    of this title 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 7603 of this title.
        (C) Within 180 days after November 15, 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 9606 of this title, sections 311(c), 308, 309 
    and 504(a) of the Federal Water Pollution Control Act [33 U.S.C. 
    1321(c), 1318, 1319, 1364(a)], sections 3007, 3008, 3013, and 7003 
    of the Solid Waste Disposal Act [42 U.S.C. 6927, 6928, 6934, 6973], 
    sections 1445 and 1431 of the Safe Drinking Water Act [42 U.S.C. 
    300j-4, 300i], sections 5 and 7 of the Toxic Substances Control Act 
    [15 U.S.C. 2604, 2606], and sections 7413, 7414, and 7603 of this 
    title.

                      (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 November 15, 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) of this section;
        (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.

(July 14, 1955, ch. 360, title I, Sec. 112, as added Pub. L. 91-604, 
Sec. 4(a), Dec. 31, 1970, 84 Stat. 1685; amended Pub. L. 95-95, title I, 
Secs. 109(d)(2), 110, title IV, Sec. 401(c), Aug. 7, 1977, 91 Stat. 701, 
703, 791; Pub. L. 95-623, Sec. 13(b), Nov. 9, 1978, 92 Stat. 3458; Pub. 
L. 101-549, title III, Sec. 301, Nov. 15, 1990, 104 Stat. 2531; Pub. L. 
102-187, Dec. 4, 1991, 105 Stat. 1285; Pub. L. 105-362, title IV, 
Sec. 402(b), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106-40, Secs. 2, 
3(a), Aug. 5, 1999, 113 Stat. 207, 208.)

                       References in Text

    The date of enactment, referred to in subsec. (a)(11), probably 
means the date of enactment of Pub. L. 101-549, which amended this 
section generally and was approved Nov. 15, 1990.
    The Atomic Energy Act, referred to in subsec. (d)(9), probably means 
the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as added by 
act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is 
classified generally to chapter 23 (Sec. 2011 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2011 of this title and Tables.
    The Federal Water Pollution Control Act, referred to in subsecs. 
(e)(5) and (m)(1)(D), (5)(D), is act June 30, 1948, ch. 758, as amended 
generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which 
is classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33, 
Navigation and Navigable Waters. Title II of the Act is classified 
generally to subchapter II (Sec. 1281 et seq.) of chapter 26 of Title 
33. For complete classification of this Act to the Code, see Short Title 
note set out under section 1251 of Title 33 and Tables.
    The Toxic Substances Control Act, referred to in subsec. (k)(3)(C), 
is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as amended, which is 
classified generally to chapter 53 (Sec. 2601 et seq.) of Title 15, 
Commerce and Trade. For complete classification of this Act to the Code, 
see Short Title note set out under section 2601 of Title 15 and Tables.
    The Federal Insecticide, Fungicide and Rodenticide Act, referred to 
in subsec. (k)(3)(C), probably means the Federal Insecticide, Fungicide, 
and Rodenticide Act, act June 25, 1947, ch. 125, as amended generally by 
Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is classified 
generally to subchapter II (Sec. 136 et seq.) of chapter 6 of Title 7, 
Agriculture. For complete classification of this Act to the Code, see 
Short Title note set out under section 136 of Title 7 and Tables.
    The Resource Conservation and Recovery Act, referred to in subsec. 
(k)(3)(C), probably means the Resource Conservation and Recovery Act of 
1976, Pub. L. 94-580, Oct. 21, 1976, 90 Stat. 2796, as amended, which is 
classified generally to chapter 82 (Sec. 6901 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title of 
1976 Amendment note set out under section 6901 of this title and Tables.
    The Safe Drinking Water Act, referred to in subsec. (m)(1)(D), 
(5)(D), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. 
L. 93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified 
generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 201 of this title and Tables.
    The Solid Waste Disposal Act, referred to in subsec. (n)(7), is 
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended 
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795. 
Subtitle C of the Act is classified generally to subchapter III 
(Sec. 6921 et seq.) of chapter 82 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 6901 of this title and Tables.
    Section 303 of the Clean Air Act Amendments of 1990, referred to in 
subsec. (o)(4), probably means section 303 of Pub. L. 101-549, which is 
set out below.
    The Clean Air Act Amendments of 1990, referred to in subsec. (q)(1)-
(3), probably means Pub. L. 101-549, Nov. 15, 1990, 104 Stat. 2399. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 7401 of this title and Tables.
    The Emergency Planning and Community Right-to-Know Act of 1986, 
referred to in subsec. (r)(3), is title III of Pub. L. 99-499, Oct. 17, 
1986, 100 Stat. 1728, which is classified generally to chapter 116 
(Sec. 11001 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 11001 of 
this title and Tables.
    The Occupational Safety and Health Act, referred to in subsec. 
(r)(6)(C)(ii), (K), (L), probably means the Occupational Safety and 
Health Act of 1970, Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as 
amended, which is classified principally to chapter 15 (Sec. 651 et 
seq.) of Title 29, Labor. For complete classification of this Act to the 
Code, see Short Title note set out under section 651 of Title 29 and 
Tables.

                          Codification

    Section was formerly classified to section 1857c-7 of this title.


                               Amendments

    1999--Subsec. (r)(2)(D). Pub. L. 106-40, Sec. 2(5), added subpar. 
(D).
    Subsec. (r)(4). Pub. L. 106-40, Sec. 2, substituted 
``Administrator--
        ``(A) shall consider--''
for ``Administrator shall consider each of the following criteria--'' in 
introductory provisions, redesignated subpars. (A) to (C) as cls. (i) to 
(iii), respectively, of subpar. (A) and added subpar. (B).
    Subsec. (r)(7)(H). Pub. L. 106-40, Sec. 3(a), added subpar. (H).
    1998--Subsec. (n)(2)(C). Pub. L. 105-362 substituted ``On completion 
of the study, the Secretary shall submit to Congress a report on the 
results of the study and'' for ``The Secretary shall prepare annual 
reports to Congress on the status of the research program and at the 
completion of the study''.
    1991--Subsec. (b)(1). Pub. L. 102-187 struck out ``7783064 Hydrogen 
sulfide'' from list of pollutants.
    1990--Pub. L. 101-549 amended section generally, substituting 
present provisions for provisions which related to: in subsec. (a), 
definitions; in subsec. (b), list of hazardous air pollutants, emission 
standards, and pollution control techniques; in subsec. (c), prohibited 
acts and exemption; in subsec. (d), State implementation and 
enforcement; and in subsec. (e), design, equipment, work practice, and 
operational standards.
    1978--Subsec. (e)(5). Pub. L. 95-623 added par. (5).
    1977--Subsec. (a)(1). Pub. L. 95-95, Sec. 401(c), substituted 
``causes, or contributes to, air pollution which may reasonably be 
anticipated to result in an increase in mortality or an increase in 
serious irreversible, or incapacitating reversible, illness'' for ``may 
cause, or contribute to, an increase in mortality or an increase in 
serious irreversible, or incapacitating reversible, illness''.
    Subsec. (d)(1). Pub. L. 95-95, Sec. 109(d)(2), struck out ``(except 
with respect to stationary sources owned or operated by the United 
States)'' after ``implement and enforce such standards''.
    Subsec. (e). Pub. L. 95-95, Sec. 110, added subsec. (e).

                         Change of Name

    Committee on Energy and Commerce of House of Representatives treated 
as referring to Committee on Commerce of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as 
otherwise expressly provided, see section 406(d) of Pub. L. 95-95, set 
out as a note under section 7401 of this title.


                     Pending Actions and Proceedings

    Suits, actions, and other proceedings lawfully commenced by or 
against the Administrator or any other officer or employee of the United 
States in his official capacity or in relation to the discharge of his 
official duties under act July 14, 1955, the Clean Air Act, as in effect 
immediately prior to the enactment of Pub. L. 95-95 [Aug. 7, 1977], not 
to abate by reason of the taking effect of Pub. L. 95-95, see section 
406(a) of Pub. L. 95-95, set out as an Effective Date of 1977 Amendment 
note under section 7401 of this title.


       Modification or Rescission of Rules, Regulations, Orders, 
Determinations, Contracts, Certifications, Authorizations, Delegations, 
                            and Other Actions

    All rules, regulations, orders, determinations, contracts, 
certifications, authorizations, delegations, or other actions duly 
issued, made, or taken by or pursuant to act July 14, 1955, the Clean 
Air Act, as in effect immediately prior to the date of enactment of Pub. 
L. 95-95 [Aug. 7, 1977] to continue in full force and effect until 
modified or rescinded in accordance with act July 14, 1955, as amended 
by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95, 
set out as an Effective Date of 1977 Amendment note under section 7401 
of this title.

                         Delegation of Authority

    Memorandum of President of the United States, Aug. 19, 1993, 58 F.R. 
52397, provided:
    Memorandum for the Administrator of the Environmental Protection 
Agency
    WHEREAS, the Environmental Protection Agency, the agencies and 
departments that are members of the National Response Team (authorized 
under Executive Order No. 12580, 52 Fed. Reg. 2923 (1987) [42 U.S.C. 
9615 note]), and other Federal agencies and departments undertake 
emergency release prevention, mitigation, and response activities 
pursuant to various authorities;
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including section 112(r)(10) 
of the Clean Air Act (the ``Act'') (section 7412(r)(10) of title 42 of 
the United States Code) and section 301 of title 3 of the United States 
Code, and in order to provide for the delegation of certain functions 
under the Act [42 U.S.C. 7401 et seq.], I hereby:
    (1) Authorize you, in coordination with agencies and departments 
that are members of the National Response Team and other appropriate 
agencies and departments, to conduct a review of release prevention, 
mitigation, and response authorities of Federal agencies in order to 
assure the most effective and efficient implementation of such 
authorities and to identify any deficiencies in authority or resources 
that may exist, to the extent such review is required by section 
112(r)(10) of the Act; and
    (2) Authorize you, in coordination with agencies and departments 
that are members of the National Response Team and other appropriate 
agencies and departments, to prepare and transmit a message to the 
Congress concerning the release prevention, mitigation, and response 
activities of the Federal Government with such recommendations for 
change in law as you deem appropriate, to the extent such message is 
required by section 112(r)(10) of the Act.
    The authority delegated by this memorandum may be further 
redelegated within the Environmental Protection Agency.
    You are hereby authorized and directed to publish this memorandum in 
the Federal Register.
                                                     William J. Clinton.
    Memorandum of President of the United States, Jan. 27, 2000, 65 F.R. 
8631, provided:
    Memorandum for the Attorney General[, ] the Administrator of the 
Environmental Protection Agency[, and] the Director of the Office of 
Management and Budget
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including section 112(r)(7)(H) of 
the Clean Air Act (``Act'') (42 U.S.C. 7412(r)(7)(H)), as added by 
section 3 of the Chemical Safety Information, Site Security and Fuels 
Regulatory Relief Act (Public Law 106-40), and section 301 of title 3, 
United States Code, I hereby delegate to:
    (1) the Attorney General the authority vested in the President under 
section 112(r)(7)(H)(ii)(I)(aa) of the Act to assess the increased risk 
of terrorist and other criminal activity associated with the posting of 
off-site consequence analysis information on the Internet;
    (2) the Administrator of the Environmental Protection Agency (EPA) 
the authority vested in the President under section 
112(r)(7)(H)(ii)(I)(bb) of the Act to assess the incentives created by 
public disclosure of off-site consequence analysis information for 
reduction in the risk of accidental releases; and
    (3) the Attorney General and the Administrator of EPA, jointly, the 
authority vested in the President under section 112(r)(7)(H)(ii)(II) of 
the Act to promulgate regulations, based on these assessments, governing 
the distribution of off-site consequence analysis information. These 
regulations, in proposed and final form, shall be subject to review and 
approval by the Director of the Office of Management and Budget.
    The Administrator of EPA is authorized and directed to publish this 
memorandum in the Federal Register.
                                                     William J. Clinton.


                                 Reports

    Pub. L. 106-40, Sec. 3(b), Aug. 5, 1999, 113 Stat. 213, provided 
that:
    ``(1) Definition of accidental release.--In this subsection, the 
term `accidental release' has the meaning given the term in section 
112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)).
    ``(2) Report on status of certain amendments.--Not later than 2 
years after the date of enactment of this Act [Aug. 5, 1999], the 
Comptroller General of the United States shall submit to Congress a 
report on the status of the development of amendments to the National 
Fire Protection Association Code for Liquefied Petroleum Gas that will 
result in the provision of information to local emergency response 
personnel concerning the off-site effects of accidental releases of 
substances exempted from listing under section 112(r)(4)(B) of the Clean 
Air Act (as added by section 3).
    ``(3) Report on compliance with certain information submission 
requirements.--Not later than 3 years after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a report that--
        ``(A) describes the level of compliance with Federal and State 
    requirements relating to the submission to local emergency response 
    personnel of information intended to help the local emergency 
    response personnel respond to chemical accidents or related 
    environmental or public health threats; and
        ``(B) contains an analysis of the adequacy of the information 
    required to be submitted and the efficacy of the methods for 
    delivering the information to local emergency response personnel.''


                       Reevaluation of Regulations

    Pub. L. 106-40, Sec. 3(c), Aug. 5, 1999, 113 Stat. 213, provided 
that: ``The President shall reevaluate the regulations promulgated under 
this section within 6 years after the enactment of this Act [Aug. 5, 
1999]. If the President determines not to modify such regulations, the 
President shall publish a notice in the Federal Register stating that 
such reevaluation has been completed and that a determination has been 
made not to modify the regulations. Such notice shall include an 
explanation of the basis of such decision.''


                 Public Meeting During Moratorium Period

    Pub. L. 106-40, Sec. 4, Aug. 5, 1999, 113 Stat. 214, provided that:
    ``(a) In General.--Not later than 180 days after the date of 
enactment of this Act [Aug. 5, 1999], each owner or operator of a 
stationary source covered by section 112(r)(7)(B)(ii) of the Clean Air 
Act [42 U.S.C. 7412(r)(7)(B)(ii)] shall convene a public meeting, after 
reasonable public notice, in order to describe and discuss the local 
implications of the risk management plan submitted by the stationary 
source pursuant to section 112(r)(7)(B)(iii) of the Clean Air Act, 
including a summary of the off-site consequence analysis portion of the 
plan. Two or more stationary sources may conduct a joint meeting. In 
lieu of conducting such a meeting, small business stationary sources as 
defined in section 507(c)(1) of the Clean Air Act [42 U.S.C. 
7661f(c)(1)] may comply with this section by publicly posting a summary 
of the off-site consequence analysis information for their facility not 
later than 180 days after the enactment of this Act. Not later than 10 
months after the date of enactment of this Act, each such owner or 
operator shall send a certification to the director of the Federal 
Bureau of Investigation stating that such meeting has been held, or that 
such summary has been posted, within 1 year prior to, or within 6 months 
after, the date of the enactment of this Act. This section shall not 
apply to sources that employ only Program 1 processes within the meaning 
of regulations promulgated under section 112(r)(7)(B)(i) of the Clean 
Air Act.
    ``(b) Enforcement.--The Administrator of the Environmental 
Protection Agency may bring an action in the appropriate United States 
district court against any person who fails or refuses to comply with 
the requirements of this section, and such court may issue such orders, 
and take such other actions, as may be necessary to require compliance 
with such requirements.''


                Risk Assessment and Management Commission

    Section 303 of Pub. L. 101-549 provided that:
    ``(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 
[Nov. 15, 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 [42 U.S.C. 7412(o)], 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 [Nov. 15, 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 [Nov. 15, 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.''
    [References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.]

                  Section Referred to in Other Sections

    This section is referred to in sections 7403, 7411, 7413, 7414, 
7416, 7417, 7418, 7420, 7422, 7429, 7479, 7511b, 7604, 7607, 7608, 7612, 
7616, 7625-1, 7627, 7661, 7661a, 7661f, 9601 of this title.
