[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 490 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 490

  To amend the Clean Air Act to exempt agriculture-related facilities 
     from certain permitting requirements, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              March 2 (legislative day, February 22), 1995

 Mr. Grassley introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Clean Air Act to exempt agriculture-related facilities 
     from certain permitting requirements, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITION OF POTENTIAL TO EMIT.

    Section 302(j) of the Clean Air Act (42 U.S.C. 7602(j)) is 
amended--
            (1) by striking ``(j) Except as otherwise'' and inserting 
        the following:
    ``(j) Major Stationary Source and Major Emitting Facility.--
            ``(1) In general.--Except as otherwise''; and
            (2) by adding at the end the following:
            ``(2) Agriculture-related facility.--In this subsection, 
        with respect to an agriculture-related facility, such as a 
        grain elevator, a grain, feed, or rice mill, or a grain 
        processing facility:
                    ``(A) Air pollutant.--With respect to particulate 
                emissions, the term `air pollutant' shall include only 
                particulate matter less than or equal to 10 microns in 
                size.
                    ``(B) Potential to emit.--
                            ``(i) In general.--The term `potential to 
                        emit' means the potential of a facility to emit 
                        during a 1-year period under maximum realistic 
                        operation of the facility.
                            ``(ii) Maximum realistic operation.--In 
                        determining the maximum realistic operation of 
                        an agriculture-related facility, the 
                        Administrator shall consider--
                                    ``(I) the cyclical or seasonal 
                                nature of the facility; and
                                    ``(II) in the case of a facility in 
                                operation on the date of the 
                                determination, the maximum hours of 
                                operation of the facility that actually 
                                occurred during any of the preceding 5 
                                years.
                            ``(iii) Equipment, techniques, and 
                        procedures.--The Administrator shall consider 
                        the effect of control equipment, techniques, 
                        and procedures in lowering the potential to 
                        emit of an agriculture-related facility.''.

SEC. 2. EXEMPTION FROM PERMITTING REQUIREMENTS.

    Section 502 of the Clean Air Act (42 U.S.C. 7661a) is amended--
            (1) in the first sentence of subsection (a), by striking 
        ``any other source (including an area source) subject to 
        standards or regulations under section 111 or 112,''; and
            (2) by adding at the end the following:
    ``(j) Exemption.--A source shall not be subject to any regulation 
or requirement under this section if the source is--
            ``(1) not a major source; and
            ``(2) subject to section 111 or 112.''.
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